This agreement (the “Agreement”) is between you (the “User”) and Realizing Self, LLC (the “Company”). In consideration of the right to access and use the Company’s Website located at http://www.TheRachelStarr.com and related sites (“Website”), User agrees to the terms and conditions of use set forth in this Agreement. User’s continued use of the Website indicates User’s willingness to be legally bound by the terms and conditions of this Agreement as set forth below.
1. COVENANT TO READ AGREEMENT
User acknowledges that User has read the terms and conditions of use and accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR SUBSCRIBING TO THE WEBSITE. If User does not agree to these terms and conditions of use, User may not access or otherwise use the Website.
A) You must be eighteen (18) years of age or over to register as a member of the Website, to view any Member-Only content and/or to join the Email/Contact List on the Website. Membership in the Website is void where prohibited by law. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least eighteen (18) years old, that you wish to have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented and/or and frankly erotic nature. Some materials which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than eighteen (18) years old or who is offended by such materials or who does not wish to be exposed to such materials.
2. COMPANY’S CONTROL OVER WEBSITE
B. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
C. The Company reserves the right at all times to disclose any information (including information about Website Users and/or Members) as necessary to satisfy any law, regulation or government request.
E. The Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, database, hours of availability, and equipment needed for access or use.
F. The Company may also impose limits on certain features and services or restrict User’s access to parts or the entire Website without notice or liability.
3. INTELLECTUAL PROPERTY RIGHTS
A. The Website is protected by the intellectual property laws of the United States, including trademark and copyright laws and international conventions. The Company’s trademarks, logos, slogans, and/or other distinctive designs are protected by the state, national, and international laws of trademark, trade dress, and unfair competition.
B. All materials contained within the Website (the “Content”), including specifically all photography and video content, are protected by copyright, and are owned or controlled by Company or the party credited as the provider thereof. User will abide by any and all intellectual property notices, including copyright notices, information, or restrictions contained in any Content on the Website. Any content created by a party other than the Company will, as legally required, have certified that the content submitted are of individuals 18 years of age or older and all primary producers have certified that they have complied with 28 C.F.R. 75 thereby exempting Company from the record keeping requirements of 18 U.S.C. 2257(a)–(c).
C. User MAY NOT download and make copies of the Content and other downloadable items displayed on the Website for any use. Copying or storing of any Content is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the individual Content’s copyright notice.
4. PRIVACY AND DISCLAIMERS
5. USER’S COVENANTS
By accessing and using the Website, User represents warrants and covenants that:
A. User is at least eighteen (18) years of age;
B. User shall not upload post or transmit to or distribute or otherwise publish through the Website, including but not limited to, any materials which (i) Restrict or inhibit any other user from using and enjoying the Website, (ii) Are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize, or infringe the rights of third parties, including, but not strictly limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, (v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (vi) Contain any information, software or other material of a commercial nature, (vii) Contain advertising of any kind, or (viii) Constitute or contain false or misleading indications of origin or statements.
C. User shall not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User shall not take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure (e.g., the sending of mass email or junk mail, known as “Spamming”).
D. User shall not disclose to or share User’s Member or Account number or password with any third parties or use the password for any unauthorized purposes.
E. User shall not link to the Website in any manner that would bypass the Website’s home page. User shall not “frame” the Website or any portion thereof.
6. USER’S ACKNOWLEDGMENTS
B. User acknowledges that transmissions to and from this Website are not confidential and any of User’s Communications may be read or intercepted by others.
C. User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or other material contained in the Website or any of its links shall be at User’s own risk.
D. User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result of the purchase of products/services from within it.
A. The Website may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from the Website to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents. Company has no control, input or influence over how any third party website is operated.
B. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website.
C. No third party user content shall be permitted on the Website and the Company is not responsible nor liable for any user content.
D. The Company disclaims any and all responsibility for content contained in any third party materials provided through links on the Website.
E. The Company shall not be liable for any problems caused by you supplying faulty information (such as the wrong email address or wrong delivery address) or due to your failure to make any particular specification with regard to a delivery address.
F. No statements made in these terms or on this Web Site shall be deemed to affect the statutory rights of a consumer which cannot be restricted or excluded currently under the law.
G. Every effort is made by the Company to ensure that the Website is correct. In the event of any errors on the Website, the Company will endeavor to address and correct same as quickly as possible from the time of being made aware of the situation.
8. PURCHASE OF PRODUCTS & SERVICES THROUGH THE WEBSITE
A. How to Order Products and Services. Users (a.k.a. “Customers’) may order products or services on the Website by placing the desired product or service in the virtual shopping cart and proceeding to checkout. Prior to placing an order, the User should make sure that the email address that the User has provided is correct and in full working order. Once payment has been processed, the Website will also automatically generate an Order Confirmation page with the Order Number (if any). The Company will confirm acceptance of any order by email to the email address supplied by the User. The sending of this email, whether or not the same is received by the User, is confirmation of the details of the order and of the contract between the User and the Company for the purchase of the product or service. The Company recommends that the User print and save a copy of the Order Confirmation page for future reference.
B. Customer Service. Every effort is made by the Company to ensure that orders placed through the Website are handled correctly. In the case of errors, Company will endeavor to remedy, replace, or refund goods as quickly as possible from the time of being made aware of the situation.
C. Duty to Notify. It is the responsibility of the Customer to immediately notify the Company if there are any delivery problems or if the product the Customer orders and receives is not as described on the Website. Customers may send an email to email@example.com
D. Limitation of Liability. The Customer’s sole remedy in any action at law against the Company related to the purchase and/or use of any goods or services offered through the Website, whether offered by the Company or a third party, is limited only to the recovery of the original purchase price.
E. Shipment & Delivery of Ordered Products & Services. The Company wants to deliver your purchased goods and services from the Website as soon as possible!
When a service is purchased through the Website, Company will contact Customer to schedule an appointment for such service within seven (7) business days.
All tangible products sold on the Website are considered custom goods and will be shipped to you within seven (7) business days. The Company will send the Customer an email confirming the shipment date and the tracking number for the applicable order within seven (7) business days of the tangible product’s shipment. All tangible products sold on the Website are shipped from the United States of America. Customer acknowledges and accepts that the delivery of any international orders, shipped outside the United States of America, may be further delayed, anywhere from six (6) weeks to four (4) months, by a foreign country’s boarder and customs department.
F. Return, Refund, and Exchange Policies.
The following are the Company’s Product Return, Refund, and Exchange Policies:
1. ALL REFUNDS AND EXCHANGES WILL BE ISSUED ON A CASE
BY CASE BASIS. Refunds and exchanges are only available for tangible products that have been returned to the Company or services that have not been rendered by the Company. Customers have up to thirty (30) days after the purchase and delivery of the applicable product or service to request a refund or exchange from Company. Customers must return the purchased product to Company before a refund or exchange will be considered. Customers are responsible for all shipping and handing costs to return the product to Company.
2. Tangible products can be returned to the Company for a refund or exchange if the tangible product is damaged upon Customer’s receipt, or, in the case of a DVD purchase, the DVD does not function or play properly. However, no refunds or returns will be issued or accepted for personalized, autographed products or panties, which are sold “as is.”
3. Purchased services will only be refunded in full if the Company has not rendered the service to the Customer. Otherwise, no refunds are available for the purchased services (such as “Coaching”, “Consulting”, and “Fan Time”) after delivery and performance of such services.
4. Customers who desire to arrange for the return or exchange of a purchased tangible product must contact the Company at firstname.lastname@example.org and identify the Customer’s name, what product or service that the Customer ordered, the date the product or service was ordered, the complaint or issue the Customer has with the product or service purchased, the Order Number (if any), and explain how the Customer would like the Company to resolve the issue. The Company will respond to such inquiry within seven (7) business days. If the tangible product is eligible for a return, the Company will provide the Customer with detailed instructions on where to return the product.
5. Once a purchased product has been returned to the Company, the Company will determine if a refund or exchange will be issued. Any refund or exchange will occur within five (5) business days of Company’s receipt of the returned product. All refunds will be credited solely to the payment method used in the original transaction.
9. DISCLAIMER OF WARRANTY
THIS WEBSITE IS PROVIDED “AS IS.” USER UNDERSTANDS AND EXPRESSLY
AGREES THAT THE USE OF THE WEBSITE AND ALL ITS CONTENTS IS AT USER’S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT USER’S
OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
THE WEBSITE CONTAINS LINKS AND POINTERS TO OTHER WORLD WIDE WEB INTERNET SITES, RESOURCES AND SPONSORS OF THE WEB SITE. LINKS TO AND FROM THE WEBSITE TO OTHER THIRD PARTY SITES, MAINTAINED BY THIRD PARTIES, DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OF ANY THIRD PARTY RESOURCES, OR THEIR CONTENTS.
To the extent permitted by applicable law, User agrees to indemnify and hold harmless, and upon Company’s request, defend, Company, its directors, officers, employees, independent contractors and agents (each a “Company Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorney’s fees and court costs (collectively, “Losses”), incurred by a Company Indemnified Party and arising from or related to any of the following: (i) the User’s breach of any certification, covenant, obligation, representation or warranty in this Agreement; (ii) any claims that the User has violated or infringed any third party intellectual property or proprietary rights including but not limited to any metadata, related trademarks and logos, or images and other materials that the User provided to the Company under this Agreement; or (iii) the User’s use of the Company’s Website or services.
11. DISPUTE RESOLUTION AND CHOICE OF LAW
This Agreement shall be governed by the procedural and substantive laws of the United States and the State of Texas, notwithstanding any otherwise applicable choice or conflict of law provisions to the contrary. In the event that the parties cannot negotiate a resolution of any dispute, then the parties agree to submit their dispute to mediation, and then to arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of any mediation or arbitration shall be Dallas, Texas. The prevailing party in any arbitration shall be entitled to reasonable attorney’s fees and expenses.
12. EQUITABLE RELIEF
Notwithstanding the foregoing, User acknowledges that the performance of its obligations hereunder and the rights and licenses assigned to Company hereunder may be of a unique, unusual, extraordinary and intellectual character which could give them a special value, the loss of which may not be reasonably or adequately compensated in damages in an action at law, that a breach by User of this Agreement may cause Company great and irreparable injury and damage and, therefore, while expressly reserving all of Company’s rights and remedies hereunder, Company will be entitled to seek injunctive relief to prevent such injury or damage.
13. UNENFORCABILITY OF PROVISIONS
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
Any Notices or Complaints that a User desires to submit to the Company shall be submitted as follows:
By mail: Webmaster
c/o Realizing Self, LLC
4848 Lemmon Ave
Highland Park, TX 75219-1400
United States of America
15. DOCUMENTS COMPRISING THE AGREEMENT
16. NOTICE OF COPYRIGHT INFRINGEMENT UNDER THE “DIGITAL MILLENNIUM COPYRIGHT ACT” (DMCA)
The Company does not permit Users to upload photographs, video or other content to the Website and the Company does not tolerate copyright infringing activities on the Website. However, if a person or entity is a copyright owner or an agent for such owner and believe that any Content on the Website infringes upon such person or entity’s copyright, such person or entity may notify us by providing the following information in writing (sent to the address set forth below):
a. A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive copyright right that is allegedly infringed;
b. Identification of the location where the original or an authorized copy of the
copyrighted work exists;
c. Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit the Company to locate the same;
d. Information reasonably sufficient to permit the Company to contact the person or entity reporting the claim, including an address, telephone number, and an email address;
e. A statement that the person or entity reporting the claim has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and, under penalty of perjury, that the person or entity reporting the claim is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
The Company’s agent for notice of claims of copyright infringement can be reached as follows:
Realizing Self, LLC General Counsel’s Office c/o LanCarte Law, PLLC 2817 West End Ave., Suite 126-276
Nashville, TN 37203
United States of America
By Email: email@example.com
If the person or entity reporting the claim fails to comply with all of the requirements above, such notice may not be valid.