TERMS & CONDITIONS

 

TERMS AND CONDITIONS

Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as Program) by Spirit On Tap, LLC (sometimes referred to as “Company”).

By purchasing our products, you (sometimes referred to as "Client") agree to the following terms stated.

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PROGRAM

Spirit On Tap, LLC agrees to provide course content, identified as an online course aid, to help Clients market their business online. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our programs.

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DISCLAIMER

Client understands Faren Silverman and Spirit On Tap, LLC is not an employee, agent, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant, nor do they hold themselves out to be. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

Client understands that neither Faren Silverman, nor Company, has not promised, nor shall be obligated to, the following:

1. Success in life, results, and sales for the Client.

2. Provide assistance, as either coach or mentor, with consultations for future contracts and decisions made by Client.

3. Procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.

4. Introduce Client to Faren’s full network of contacts, media, or business partners. Client understands that a relationship does not exist between the Parties after the conclusion of this program.

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FINANCIAL OBLIGATION

You agree and acknowledge that all purchases made through our website are done on a voluntary basis and that you are to remain financially responsible for any and all purchases made by you, or by another person acting on your behalf, regardless of the information provided at checkout.  Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website. 

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You agree and acknowledge that any information provided by you to us or our payment processor is true and accurate.  Should your payment fail to process, we reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency and withhold the intended purchased product from you unless and until payment is properly rendered. 

 

METHODS OF PAYMENT

We accept Visa, Mastercard, American Express, and Paypal as a form of payment. If offered and 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.

 

CONFIDENTIALITY

Spirit On Tap, LLC respects Clients' privacy and insists that the Client respects ours as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared by Spirit On Tap, LLC Participants or any representative of Spirit On Tap, LLC is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.

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Client agrees not to use such confidential information in any manner other than in discussion with other Clients, or Faren, during the respective program. 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.

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Both Parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, or theft.

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By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, Spirit On Tap, LLC and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

 

CLIENT RESPONSIBILITY

Products developed by Spirit On Tap, LLC are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by Spirit On Tap, LLC. Spirit On Tap, LLC makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by Spirit On Tap, LLC and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any Spiritual or energetic work, there is no guarantee that Client will reach their goals as a result of participation in products developed by Spirit On Tap, LLC. Spirit On Tap, LLC program education and information does not purport to be, nor should it be construed as, specific advice tailored to any individual. Spirit On Tap, LLC assumes no responsibility for errors or omissions that may appear in any program materials.

 

MISCELLANEOUS

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LIMITATION OF LIABILITY

Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that 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 Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

 

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. 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.

 

INDEMNIFICATION

Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client's payment for the right to participate in Spirit On Tap, LLC Programs, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Spirit On Tap, LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.

 

NO TRANSFER OF INTELLECTUAL PROPERTY

Company’s Programs are copyrighted and original materials that have been provided to Client are for Client's individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Spirit On Tap, LLC. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s Agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations. All rights not expressly granted in these terms or any express written license, are reserved by Company. 

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At times you may be offered free downloadable, printable, audio or visual content, as a gift or opt-in offer, in exchange for your name and email address.  Should you choose to access this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form.  Should you choose to share the material, you agree and understand that you will provide SPIRIT ON TAP, LLC credit, will not hold or represent the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials. 

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INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

 

SEVERABILITY/WAIVER

If any provision of this Agreement is held to be unlawful, void, or for any reason unenforce-able during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.  Company’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right hereunder.  No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.  Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amend-ment.  This dispute resolution provision will survive the termination of any or all of your transactions with Company.

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ASSIGNMENT

Client may not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Company.  Any purported assignment or delegation by You without the appropriate prior written consent of Company will be null and void.  Company may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use do not confer any third-party beneficiary rights.

 

MODIFICATION

Company may modify terms of this Agreement at any time; and, neither the course of conduct between the Parties nor trade practice will act to modify the Terms of Use.  All modifications shall be posted on the Program’s website and purchasers shall be notified.

 

TERMINATION

Company is committed to providing all Clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company has the right to refuse or immediately terminate Client’s access to our Website and any purchased programs at any time, for any reason, with or without notice, without refund or forgiveness of monthly payments, and Client will still be liable to pay the total contract amount.  Should this occur, no explanation is owed to Client, nor is this decision subject to any appeals or legal action.  If Client made any purchases and Company determines Client is entitled to receive or allow continued use of the purchased information, Company will make this information available to Client in a way we see fit, which Client agrees will be satisfactory to them.

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RESOLUTION OF DISPUTES

It is the intent of the Company that should any differences arise, we could work them out amicably through timely, written correspondence.  However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly.  Prior to seeking arbitration, you must send an e-mail to us at Faren@spiritontap.love and explain and include all of your reasons for dissatisfaction with your Purchase or Program.  You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date.  No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you.  We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. 

 

By visiting our Website, purchasing our Products, Programs, Services and/or Program Materials you are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or you waive the right to seek dispute resolution by arbitration or take any other legal action. 

 

You also agree that should arbitration take place, it will be held in Seattle, Washington and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. 

 

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products, Programs or Services.  Where requested by law or arbitration, you are not prohibited from sharing your thoughts and opinions as a part of the legal process. 

 

If any terms of these Terms and Conditions are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect. 

 

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

 

NOTICES

Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: faren[at]spiritontap[dot]com. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire Agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, Agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, United States of America, regardless of the concept of law principles thereof.

 

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