Agreement between User and Common Star Consulting LLC
Please read these terms carefully, and keep a copy of them for your reference.
Welcome to Common Star Consulting LLC ("Common Star"). Your access to and use of Common Star Products and Services is subject to your acceptance of these terms and conditions ("Terms") and our Privacy Policy. By using Common Star Consulting, you agree to these Terms.
The Services. Your purchase may include different components, including ebooks, videos, audio tracks, CDs, DVDs, manuals, self-study programs, webinars, coaching, masterminding, training courses, live events, workshops, and/or other products and services, as indicated on your order form or explained to you by your enrollment advisor.
Non-Disclosure of Login. You agree not to share login information, call-in numbers, passwords, and protected links with anyone.
Term. This Agreement begins upon the earlier of (1) your access to the Content or (2) payment for the Services and access to the Content. This Agreement will stay in full force and effect until the end of the term indicated on your order form or as explained to you by your enrollment advisor. Failure to pay required fees may result in Common Star terminating the Agreement prior to the end of the term and discontinuing your access to Common Star Services and Content. Your use of the Common Star members' website(s), Content or Services after your termination may extend the term of this Agreement and may cause you to incur additional fees.
Payment. Actual payment terms may vary and will be indicated on your order form or be explained to you by your enrollment advisor. You agree to pay the purchase price and not to cancel this transaction with your bank or credit card company. Common Star is not responsible for any overdraft charges, over limit charges, or NSF fees by your bank or credit card company. Fees for Services may be pre-paid. Missed payments may result in suspension or termination of services or access to the Content. If after 14 days from a missed payment you have not
made arrangements with Common Star to make up the payment, your Services will be canceled, access to the Content shall be revoked and no fees will be refunded.
No Refunds. After your onboarding, payments are nonrefundable. At any time, and for any reason, Common Star may provide a refund, discount, or other consideration. The amount and form of such credits, and the decision to provide them, are at Common Stars sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
I agree all sales are final after purchase & I agree I will not contact my credit card
company and any issues will be handled directly with Common Star Consulting LLC. _________
Your Initials
Limited License. Pursuant to this Agreement, and subject to your compliance with this Agreement, we hereby grant you a limited, non-exclusive, non-transferable right to access the Content and to use the Services. Except for the foregoing, no right, title or interest is being or shall be transferred to you. You agree not to use the Services or Content for public performances.
Representations and Warranties. You hereby represent and warrant the following:
(a) You are at least 18 years of age and have the legal capacity and authority to bind yourself to this Agreement;
(b) You are accessing and using the Services and Content for your personal use only.
You have not and shall not share your access to the Services or Content to anyone else.
(c) You agree not archive, download, reproduce, distribute, modify, display, perform, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Services or Content.
Disclaimer of Liabilities; No Representations or Warranties. Common Star
cannot guarantee any specific results from use of the Services. Common Star makes no representations or warranties as to specific outcomes or results.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMMON STAR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. COMMON STAR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMMON STAR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMON STAR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Services is at your sole risk. Subject to the Disclaimer, below, The Simple Economic Stability Course is backed up by a “First Goal Guarantee”. Under this guarantee, Common Star guarantees to work with clients 1-on-1 until they have met their first personal financial goal discussed with and approved by Common Star Consultants AFTER their investment into the program, under the assumption that the client is following the strategies & guidance provided by Common Star in the program. If at any point a client is found to be off-track with the roadmap we have laid out for them, it is our duty to assist them with getting back on track and hitting their first goal ASAP.
Earnings Disclaimer. Common Star cannot and does not guarantee or promise any level of earnings within a specific timeframe. The Client's level of success and timeline in obtaining results is dependent upon a number of factors. Because these factors differ among clients, Common Star cannot and does not guarantee your success, or increase in income level. While we promise to work with you until you have hit your first goal, you alone are responsible for your actions and results in life and your finances. It should be clear to you that by law Common Star offers no professional legal, medical, psychological or financial advice.
Release. I authorize Common Star to use my story as a testimonial and further
agree to allow the use of my voice, photo, and likeness captured in any programs via photograph, audio or video, using any technology known or unknown, to be used for future products and/or marketing without compensation to me. I waive any right I may have to inspect and/or approve any photographs, audio, or video of myself. I understand and agree that all recordings of testimonials (if provided by you, the client) are exclusive rights of Common Star and I do not ask for or expect compensation for the use of the recordings or photographs in which I appear or speak. Common Star owns all rights to any audio, video, and/or photographs for testimonials captured during the performance of this agreement.
Termination. Common Star may terminate this Agreement and your right to use the Services and Content at any time and for any reason without notice. Upon termination you may no longer access or use the Content or Services.
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Force Majeure. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party's reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a "force majeure event") the time for that party's performance will be extended for the period of the delay
or inability to perform due to such occurrence; provided, however, that You will not be excused from the payment of any sums of money owed by you to Common Star; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.
Remedies. Except as provided herein, the rights and remedies of Common Star are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon and shall insure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.
Damage Waiver. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMMON STAR'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO COMMON STAR FOR SERVICES.
Intellectual Property. All Services and Content are owned or licensed by Common Star Nothing in this Agreement grants you with any right, title or interest in or to the Services or Content. The materials provided to you upon purchase are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Common Star. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express
written permission of Common Star. The trademarks, logos and service marks (collectively the "Trademarks") displayed on the materials are registered and unregistered Trademarks of Common Star and other third parties that have authorized the use of such Trademarks. Nothing contained in the materials or on the Common Star's website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on
the website without the written permission of Common Star or the appropriate third party. Your use of the Trademarks displayed on the materials, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited.
Opt In. Providing the information on the other side of this form gives Common Star permission to communicate with you by email, social media, phone or any other means of communication to relay special offers, announcements and information.
Indemnification. You agree to indemnify, defend and hold harmless Common Star, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Common Star reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Common Star in asserting any available defenses.
Arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
For questions regarding to the Terms and Conditions you can contact Common Star Consulting LLC at kcdross@cstarconsultant.com