Terms of Purchase
STEPHANIE BARTHELMES CO.
Digital Product or Service
By clicking “Buy Now,” “Purchase,” “Place Order Now,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services operated by Stephanie Barthelmes (“Owner”), acting on behalf of Stephanie Barthelmes Co. (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
TERMS OF PURCHASE
(a) Upon purchase and execution of this Agreement, Client will be provided with the services as detailed on the website and selected prior to purchase.
(b) The scope of services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Digital Product or Service.
(c) The Company reserves the right to substitute services equal to or comparable to the Digital Product or Service for Client if reasonably required by the prevailing circumstances.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Company when there are reasonable delays in the access of the Service.
Company reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, Company should dissolve or cease to exist, then your access to the Service terminates.
If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.
For quarterly subscriptions you will receive 3 months of access. You may cancel the automatic renewal of your quarterly subscription at any time and your access to the Site will end at the end of the current contracted term.
PAYMENT AND REFUND POLICY
(a) Upon execution of this Agreement, Client agrees to pay to the Company the purchase amount as stated on the Website.
(b) Credit Card Authorization. If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client’s credit card or debit card for the term specified on the checkout page: one at the time of purchase, followed by monthly charges thereafter.
(c) In the event Client fails to make any of the payments outlined above, Company has the right to immediately disallow services and benefits until payment is paid in full.
(d) All of your payments—including deposits, trials, events, coaching, memberships or course payments —are non-refundable.
(e) For members (monthly membership): Monthly members may cancel at anytime. No refunds will be issued, but quarterly and annual members may cancel at anytime.
Client agrees to be open minded to Owner’s methods and partake in Digital Product or Service as proposed. Client understands that the Company has made no guarantees as to the outcome of the Digital Product or Service. The Owner may revise methods or parts of the Digital Product or Service based on the needs of the Client and/or other participants.
By participating in the Digital Product or Service, Client acknowledges that the Company makes no guarantees as to the outcome of any sessions, teachings, modules, or any resulting course that may be created by Client based on information obtained through this Digital Product or Service. By participating in this Digital Product or Service, the Client acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on Owner’s advice or products.
Any testimonials or examples shown through the Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular financial or other outcome based on the use of the Membership and/or services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or services.
The Company may provide the Client with information relating to products that the Owner believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Client with third-party recommendations for such services as marketing, technology, business, or other related services. Client agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Client.
RECORDING AND REDISTRIBUTION OF CALLS
Client acknowledges that group sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Company.
INTELLECTUAL PROPERTY RIGHTS
The Site and Service contain intellectual property owned by Company, including trademarks, copyrights, proprietary information, and other intellectual property. Company's copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Company’s copyrighted materials shall remain the sole property of Company. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
Company is committed to providing all Clients in the Digital Product or Service with a positive experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Digital Product or Service without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Digital Product or Service guidelines, is difficult to work with, impairs the participation of the other Participants in the Digital Product or Service or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
DISCLAIMER OF WARRANTIES
The information, education, and design provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY
By using the Company’s services and purchasing this Membership, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. Client agrees that use of this Membership is at user’s own risk.
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Hollidaysburg, Pennsylvania or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, regardless of the conflict of laws principles thereof.
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted firstname.lastname@example.org.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Last updated September 4, 2022