Terms and Conditions

Last updated: Oct 15, 2021

 

PLEASE READ THESE TERMS AND CONDITIONS (ALONG WITH OUR PRIVACY POLICY AND COOKIE POLICY, COLLECTIVELY “TERMS” or “AGREEMENT”) CAREFULLY BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING ANY LIMITATIONS OR EXCLUSIONS THAT MAY APPLY TO YOU.  THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT.  If any of the terms, conditions, or notices contained herein conflict with the Privacy Policy or other terms and guidelines, these terms shall control. THE INFORMATION PRESENTED ON THE SITE IS NOT LEGAL ADVICE AND DOES NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP WITH ALL ITS RIGHTS, RESPONSIBILITIES AND CONFIDENTIALITY. 

 

IMPORTANT: PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION AND AGREE TO BE BOUND BY THEM.

 

We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.

 

Key Terms. Starbright Consulting LLC (referred to as “Company,” “we,” or “us”) provides the ShannonVillalba.com website and blog (collectively “Site”) as well as courses, workshops, and workbooks (“Offerings”). The terms “user,” “you” and “your” refers to all site visitors. The term “Service” refers to general information about our services and products, as well as general information about different areas of the law.

 

References to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.

 

Content. Content means information, logos, design, text, graphics, music, images, content, software, audio, video, works of authorship of any kind, and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.

 

Offerings. We offer courses, workbooks, and workbooks. By purchasing an Offering on this website, you are provided a limited license for personal use of the Offering only and may not use it for commercial use.

 

Payment and Fees. If you choose to purchase one or more of the Offerings provided on our Site, you agree to pay all fees associated with the Offerings. This site does not process credit cards or take other payment processing information. Payment processing is handled through third-party services, such as Paypal.com. In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. You represent that you have the right and authority to use the payment method for any transaction that occurs on the Site.

 

Refunds. Due to the nature of the Services and Offerings, we do not offer any refunds.

 

Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

 

Eligibility to Use the Site. You may use the Site only if you are eighteen (18) years or older and have the legal capacity to enter a binding contract with us and are not barred from using the Site under any applicable law. If you comply with these Terms, you may view and use our Site for your personal, non-commercial purpose only. Certain state laws do not allow limitations on implied warranties, other exclusions, or limitation of certain damages. If these laws apply to you, some or all the foregoing disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

 

International Users. Our Site is controlled, operated, and administered from our offices in Ohio, United States of America. We make no representation that Content on the Site is appropriate or available for use at other locations outside the United States, and access to Content is prohibited from territories where the Content or Offerings available through the Site are illegal. You may not use the Site or export its Content or Offerings in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.

 

Intellectual Property. We respect other people’s rights, including intellectual property rights, and expect our users to do the same. By accepting these Terms, you agree that all content presented to you on this Site is protected by all intellectual property and/or other proprietary rights available within the United States and is the sole property of Starbright Consulting LLC, its Affiliates, or licensors. You may not, without our express written permission or that of the respective copyright owner (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site, its Content, Services, or Offerings obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. No right or license is conveyed to you by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party. You may not use any trademarks, service marks, or other intellectual property in connection with any product or service that is in any way likely to cause confusion or harm to Starbright Consulting LLC or any of its Affiliates.

 

Your Account. You may be required to create an account to use some of the Services, access Offerings, or view certain areas on the Site. You will need to create a username and password in association with your account, and we may refuse account name registration at our discretion. You are responsible for all activity that occurs within your user account, and you agree to maintain the security of your user account information. You will be deemed to be authorized to access and use your account in a manner consistent with this Agreement each time you use your account to access the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING THE LOGIN CREDENTIALS ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS TO AND USE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, AND OBLIGATIONS (INCLUDING FINANCIAL AND PAYMENT OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

 

Termination. You may terminate this Agreement at any time by deactivating or deleting your user account or discontinuing use of the Site. We reserve the right to suspend your use or terminate this Agreement or your account, if (i) you breach any of the terms of this Agreement; (ii) you violate any applicable laws, rules, or regulations; (iii) we reasonably believe it is necessary to do so to protect us. In addition to any legal or equitable remedies, we may, without notice to you, terminate, transfer, assign, charge, or otherwise dispose of this Agreement or any of our rights or obligations hereunder, or revoke any or all your rights granted hereunder at any time.

 

Obligations of Use. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the Offerings and Services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.

 

Additionally, you agree that (i) you will only use the Site, Offerings, and Services for personal use only, and not for any commercial purpose or make use of the Site, Offerings or Services for the benefit of another person or business entity; (ii) Not use the Site or Offerings for any illegal purpose or in violation of any laws or regulations, or violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights; (iii) Access, monitor, or copy any content or information provided via the Service using any robot, spider, scraper, or automated or manual means for any purpose without our written consent;

(iv) Provide false or inaccurate information when registering your account; (v) Interfere with the security features of the Site or attempt to interfere with the proper functioning of the Site (e.g., disabling or circumventing features that limit your use or copying any content of the Website or reverse engineer the Site to discover its source code); (vi) Use the Site, Services, Content, or Offerings for the solicitation of business or in connection with a commercial enterprise; (vii) Transfer your rights to use the Service; or (viii) Attempt to do, or assist anyone else to do, any of the above.

 

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE.

 

DISCLAIMERS. All information published via our site is presented “as is” without warranty of any kind. We explicitly disclaim any warranties of merchantability, fitness for a particular use, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Our Site, Offerings, Content and Services provided therefrom may include inaccuracies, mistakes or errors. It is your responsibility to evaluate the accuracy and completeness of all information and other material on the Site or any sites with which it is linked.  Although we work hard to provide quality Offerings and Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site, Services, or Offerings available on this site. The disclaimers detailed herein apply to the maximum extent permitted by law.

 

Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.

 

Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

 

Limitation of Liability.  To the maximum extent permitted by applicable law, regardless of the form of action, whether in contract, tort or otherwise, we, our affiliates, and Content producers will not be liable for any damages, liability of losses of any kind, and including but not limited to loss of use, data, business, goodwill, reputation, revenue, direct, indirect, incidental, punitive, exemplary, special or consequential damages arising from or in connection with, including from our own negligence: (a) this Agreement; (b) your use of or reliance on the Site or Services or your inability to access or use the Site or Services; (c) any transaction, communications with, or relationship between you and any third-parties, including owners and other users, even if we have been advised of the possibility of such damages; (d) access delays or access interruptions to the Site or Services; (e) data non-delivery, mis-delivery, corruption, destruction or other modification; (f) computer viruses, system failure or malfunction which may occur in connection with your use of the Site or Services, including during hyperlink to or from third-party websites; or (g) delay or failure in performance resulting from causes beyond our reasonable control.

 

Under no circumstances will our obligation or liability under this Agreement exceed the purchase price you paid on the Site for any goods or services.

 

The limitations and disclaimers herein do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law. This provision shall have no effect on our choice of law provision set forth below. This provision shall survive termination of these Terms.

 

Indemnification. You are responsible for your use of the Site, Services and Offerings. You agree to defend, hold harmless and indemnify Starbright Consulting LLC and our directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ and accounting fees and expenses) arising from or in any way connected with (i) your access to, use, or inability to use the Services, Site, or Offerings; (ii) your violation of this Agreement or any law or regulation; (iii) your breach or violation of this Agreement, our Privacy Policy, or any of our policies; (iv) any third-party claim relating to any actual or alleged breach by you of any representation, warranty, covenant, or obligation hereunder; (v) infringement or other violation of intellectual property or other rights of any person or entity resulting from your User Content; (vi) any disputes between you and a third party; or (vii) the Site in general or the software or systems that make the Site available. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.

 

Governing Law. The laws of the State of Ohio govern these Terms. Any dispute relating in any way to your use of the Site shall be submitted to confidential arbitration in Butler County, Ohio, except with regards to issues regarding violations of our intellectual property rights, for which we may seek relief from any state or federal court of competent jurisdiction. By using the Site, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniences with respect to venue and jurisdiction in the state and federal courts of the State of Ohio.

 

Dispute Resolution. We are committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. You agree to give us an opportunity to resolve any problems or disputes relating in any way to the Site by providing us written notice of any such problem. If we are unable to resolve the problem or dispute, you may pursue claims as explained herein.

 

Arbitration. Arbitration hereunder shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration hereunder shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. In using this Service, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

 

Waiver of Jury Trial. You hereby knowingly, voluntarily and intentionally waive the right to trial by jury in respect to any litigation based hereon, or arising out of, under, or in connection with these Terms, or any course of conduct, course of dealing, statements (whether verbal or written), or other actions of any party to these Terms.

 

Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

 

Force Majeure. We will not be held responsible for delays or non-performance caused by activities or factors beyond our reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

 

General Terms. These Terms, including our Privacy Policy, constitute the entire agreement between you and Starbright Consulting LLC, and govern your use of the Site. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

 

Nothing in this Agreement shall be construed to create any joint venture, partnership, employment, or agency relationship between you and Starbright Consulting LLC or any of its affiliates.

 

We may assign or otherwise transfer any or all its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

 

If any provision of this Agreement is deemed void, invalid, or unenforceable for any reason by any arbiter or court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible under applicable law. All provisions of this Agreement are severable and will not affect the validity or enforceability of the remaining provisions.

 

Contact Information. Should you wish to reach us regarding these Terms, or general information, please email us at [email protected].