PURCHASE TERMS & CONDITIONS
By clicking “Buy Now,” “Purchase,” “Enroll,” “Complete,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by Amber Cribbs, The Holistic Whore | The Four O’clock Sun, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms of purchase:
Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services in general accordance with the product, program, class, digital download, ebook, workbook and/or course (collectively known as the “Product”) as outlined on Company’s Website, Sales Page, or other points of purchase. Additional services are not required to be provided.
2. PAYMENT AND REFUND POLICY.
User agrees to pay the Company the purchase amount as stated on the website at the time of purchase/enrollment. All purchases are final and the Company does not offer refunds due to the nature of digital goods.
User acknowledges that Company does not warrant the accuracy of any information provided and is not liable for any losses whatsoever that User may suffer by relying on Company’s advice or information. Company makes no representation or warranty that the information provided within the Product, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
User acknowledges that the Company has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of using, or relining on, the Product. User acknowledges Company makes and has made no guarantees or promises whatsoever related to User’s results or outcomes based on User’s use of the Product. Testimonials, earnings, or examples provided as part of the Product or 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 outcome as a result of using the Product.
Through use of the Product, Company may provide User with information relating to services and/or other products that Company believes might benefit User, but such information is not an endorsement or recommendation. Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided.
4. INTELLECTUAL PROPERTY RIGHTS.
Company owns and will continue to own all of the trademark, copyright, and other intellectual property rights related to the Product. Nothing in this Agreement shall transfer ownership of intellectual property rights to the User.
Users may use the intellectual property related to the Product to participate in the Product and for no other purpose. User 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 Product or related intellectual property, in whole or in part, without the prior written consent of Company.
5. GOOD FAITH.
User and Company represent and warrant to the other that they have acted in good faith, and agree to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
6. DISCLAIMER OF WARRANTIES.
The Product is provided to the User on an “as-is” basis, without any warranties or representations whatsoever, whether express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. There are not, and will not be any warranties created by a course of dealing, course of performance or trade usage.
7. LIMITATION OF LIABILITY.
USER AGREES THAT UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF USERS USE OF, PARTICIPATION IN OR RELIANCE ON THE PRODUCT. ADDITIONALLY, COMPANY IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED BUT UNREALIZED PROFITS, ANY OTHER BUSINESS RISK, DATA BREACH, MISUSE OF DATA OR PERSONAL INFORMATION; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY OR ALL OF THE DAMAGES ABOVE, COMPANY’S LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
8. DISPUTE RESOLUTION.
If a dispute under these Terms of Purchase is not resolved first by good-faith negotiation between the parties, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association (AAA). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place at an AAA office nearest to Orange County, CA 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.
9. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of California regardless of the conflict of laws principles thereof.
10. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Updated: December 2022