Terms of Use
Please read the Terms of Use for the Services offered by Earthstarweaver Temple carefully and in their entirety before purchasing.
- Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Earthstarweaver Temple.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the services.
“Services” means any coaching services, mentorship, and/or consulting provided by Kristin Cordz and the Earthstarweaver Temple.
“You”, “Your”, “User” or “Client” means the purchaser and person using the Services.
2. Consent:
By participating in the Services, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
3. DISCLAIMER:
By participating in the Services, you understand that Kristin Cordz is a Coach.
The Coach will employ a range of methodologies, including coaching, energy work,homework, meditation, affirmations, visualization and mentorship. Client agrees to be open minded and partake in methods proposed. Client understands that Coach makes no guarantees as to the outcome of the sessions or package.
By participating in coaching services, mentorship, and/or consulting, Client acknowledges that Kristin Cordz is not a psychologist, therapist, attorney, or financial advisor, and services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice. You should consult with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation.
Although we do our best to make sure any content offered as part of any Services are up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Services information, or its safety or efficacy as it applies to you.
4. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. ALL INFORMATION SAID INSESSIONS STAYS IN SESSIONS AND BETWEEN CLIENT AND COACH.
5. Assumption of the Risk
You should use your best judgment in using the information provided in the Services, which is done at your own risk. It is your responsibility to discern the risk of using the Services or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Services.
6. Intellectual Property Ownership:
In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form,used by the Coach to provide the Services and the products, systems, programs or processes, produced by the Coach pursuant to this Agreement.
Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of Earthstarweaver Temple.
Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances.
7. RECORDING OF CALLS. Client acknowledges that calls may be recorded for purposes of fulfilling this Agreement. Client can request the recording of any calls. Kristin will also maintain notes and tracking of energy moved in sessions to better support Client.
8. No Sharing:
You cannot distribute, copy, forward, and/or share the Intellectual Property of any Services session or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
9. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Services. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Services.
10. DISCLAIMER – No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Services in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Services. The Services are offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Services.
11. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Earthstarweaver Temple expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, Services, its materials, our website, or any other information obtained by you from us. By enrolling in Services, you hereby agree to this limitation of liability and release Earthstarweaver Temple from any and all claims.
By participating in and/or purchasing Services, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Earthstarweaver Temple, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Services and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Services, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Earthstarweaver Temple as stated in this section herein.
12. Our Refund Policy:
- NO REFUNDS:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the nature of the Services, refunds will not be issued for the Services once purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Kristin Cordz at hello@earthstarweaver.space.
- NO CHARGEBACKS:
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
13. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Services, please contact us directly first by emailing Kristin Cordz at hello@earthstarweaver.space.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Kristin Cordz and Earthstarweaver Temple shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Austin, Texas or via telephone.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Texas. The only award that can be issued to you is a refund of any payment made to Earthstarweaver Temple for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
14. Limitation of Liability:
Kristin Cordz and Earthstarweaver Temple are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Services. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Services or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
15. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
- General Payment Terms:
When you pay for the Program by credit card, you authorize and give permission to Earthstarweaver Temple to charge your credit or debit card for the amount owed for payment of the Services. When you purchase the Services, your information (i.e. credit card and contact info) may be collected by the third-party merchant MoonClerk (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Earthstarweaver Temple is not responsible for the merchant’s independent policies or practices.
- Payment Plan Terms / Failed Payment Procedures:
Should you choose to purchase the Services via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged 30 days apart for 3 months to complete your total payment.
If you choose the Payment Plan to purchase the Services, you hereby authorize and give permission to Earthstarweaver Temple to automatically charge your credit card, debit card, or PayPal account, as payment for the Services, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.
By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.
- Failed Payment Plan Payments / Re-charge procedures:
By signing up for the payment plan, your card will automatically be re-charged 30-days apart for your remaining payments. Please plan accordingly.
If your payment-plan payment fails on the 1st attempt:
In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged after a 3 days grace period to make your payment for the Program.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 3 days grace period to update your card information without any penalty or losing access to the Program.
After 2nd failed payment:
Your access to the Services will be temporarily suspended and you will not be able to access the Services at all until you successfully complete your payment. We will attempt to re-charge your credit card in 5 days.
After 3rd failed payment:
Your access will still be suspended, pending your successful completion of your owed late payment. In 7 days, we’ll attempt to charge your card.
4th and final attempt to make payment:
The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Services and no refund will be given.
When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Services terms.
16. Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
17. Entire Agreement
These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
18. Choice of Law + Venue
These Terms of Use shall be governed by the laws of the state of Texas. Any action brought by any party arising out of or from these Terms shall be brought within the Texas, County of Travis.
By purchasing and/or participating in the Services, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Kristin Cordz at hello@earthstarweaver.space. Thank you.