TERMS & CONDITIONS
By accessing this Website you acknowledge that you are at least 18 years of age and have the required mental capacity to enter into and abide by the terms of these Terms and Conditions. Use of this Website by anyone under 18 is strictly prohibited by us.
By accessing this Website you are agreeing to the terms of these Terms and Conditions as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with the included terms, please stop visiting our Website and do not use our Programs, Products and Services.
These Terms and Conditions are subject to changes and/or updates, and we are not bound to provide notice of such changes or updates. We reserve the right to make changes or updates at any time and hereby inform all Visitors that the burden is on the Visitor to check the Terms and Conditions for updates from time to time. By continuing to use Website and the content we produce, you agree to be bound by the most updated version of these Terms and conditions, whether or not you have read it.
INTELLECTUAL PROPERTY RIGHTS
This Website is the property of Company and/or our affiliates or licensors, and is protected by US Patent and Trademark laws, copyright laws and other intellectual property laws. This Website contains original work that has been created for the sole use of SPIRIT ON TAP, LLC and is considered intellectual property and is protected under Federal Intellectual Property Laws which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, and any and all other information accessible through this Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).
As a visitor of our Website, you understand and acknowledge that all materials shall not be used in an improper or unauthorized manner. You will not use our Website content, Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Website content, Programs, Products or Services or Program Materials as set forth in these Terms and Conditions is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You further agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
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.
OUR LIMITED LICENSE TO YOU
By visiting our Website, you specifically acknowledge and agree that you are expressly prohibited from the following:
You shall not engage in improper and/or unauthorized use of our content, which includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or any other electronic means) any materials or any other information accessed on our Website or purchased through our Products, Programs or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
You shall not engage in the following:
Copying, sharing, adapting, stealing, duplicating, trading, reprinting, republishing, selling, distributing, modifying, reproducing, uploading, posting, transmitting, translating, or creating derivative works related to our Products, Programs or Services.
Use, post, distribute, copy, steal or otherwise use any portion of our Website, including content or products, without express, written permission provided by SPIRIT ON TAP, LLC and understand that any such use may constitute infringement, which may give rise to a cause of action against you.
Representing yourself out to be the creator of our Products, Programs, Services or Program Materials in whole or in part.
Share purchased materials, information, content with others who have not purchased them.
Engage in any activity using our Products, Programs and Services for your personal use, in a business/commercial use or in any way that earns you money.
Use any portion of our Website, including all Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.
You further acknowledge and understand that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of these Terms and Conditions and United States Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.
Any requests for written permission to use any content posted on our Website shall be made before you wish to use any such content, and may be made by sending an email with your written request to firstname.lastname@example.org.
This Website shall be used solely to provide educational information to all visitors. Any Content contained on this Website, or Content you received due to agreeing to an opt-in to an email list, freebie, or otherwise, is solely for educational and informational purposes only. Company does not guarantee any specific results, changes, gains, outcomes, financial, legal or medical, through the use of our Website, Program, Products, Services or Coaching Programs. You acknowledge and agree that use of our Website, Program, Products, Services or Coaching Programs is purely voluntary.
You acknowledge and agree that accessing our Website, use of the information contained herein, and the purchase of products is done on a voluntary basis by you. Company is not responsible or liable for any harm or damage to you or yourself or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold Company harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Website or distributed through email and agree you will not make any claims against us or the Company herein.
You also understand and acknowledge that Faren Silverman and SPIRIT ON TAP, LLC is not a doctor, therapist, accountant, nurse, counselor or any other medical professional, nor do they hold myself out to be. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional.
Our Website and the Content and Products produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged and advised to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.
You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate, current and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information and agree to bear the consequences should you use anyone else’s information as your own.
All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information as follows:
If we are required to do so by law;
In the good-faith belief that such action is necessary to conform to the law;
To comply with any legal process served on either us or our partners, sponsors, investors, or affiliates;
To protect and defend our rights or property or those of our users or purchasers, and/or;
To act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public.
We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.
PURCHASES MADE THROUGH OUR WEBSITE
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.
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 withhold the intended purchased product from you unless and until payment is properly rendered.
LIMITATION OF LIABILITY
You agree that visiting our Website, using our Products, Programs, Services and Program Materials are done voluntarily at your own risk and acknowledge that these Products, Programs, Services and Program Materials are for informational and educational purposes only. You assume all risks. Company makes no guarantees related to income, success, business outcomes, employment status, improvements or decline in physical and mental health, interpersonal relationships, emotional wellbeing, and career in any way related to the use of these Products, Programs, Services and Program Materials. Our Products, Programs, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your thoughts, actions, decisions and results based on the use, misuse or non-use of our Website, Products, Programs, Services and Program Materials.
You further understand that by purchasing a product or service or visiting our Website, you acknowledge to do so is purely voluntary.
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website, Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, mental or physical health, income, finances, earnings, business, or any other result or otherwise, due to any act or default of anyone or any business, whether owners, employees, agents, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, employees, agents, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website, Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Website, Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
By participating in using our Website and/or adding yourself to our email list you voluntarily, and are solely and personally responsible for your actions, choices, and any results therein. Your use of this Website constitutes an agreement and acceptance that you will absolve Company as well anyone acting as an agent, employee, personnel consultant, affiliate, employee, staff, team member, or anyone affiliated with Us in any way of any liability for any loss, damage, injury, or litigation that you or any other person may incur from direct or indirect use of the information, content, or products found on our Website or via materials requested through email.
You understand and agree that Company is not liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
You also acknowledge and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, or via livestreams. By use of the Website, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
It is the intent of 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 email@example.com 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.
These Terms and Conditions shall be governed by the laws of the State of Washington, regardless of the conflict of laws principles thereof.