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TERMS & CONDITIONS

BY ACCESSING THE SITE OR COMPLETING YOUR PURCHASE OF ANY PRODUCTS OR SERVICES OFFERED BY KRISTINA SOCIAL LLC, YOU ARE CONSENTING TO AND AGREEING TO THE FOLLOWING TERMS AND CONDITIONS:

These Terms & Conditions (“Terms”) govern (i) your use of and access to our website and/or the hosted platform on which you accessed or used to purchase from us, (ii) your use of and access of any of our social media websites/platforms/channels/accounts, blogs, emails, mobile applications, website or other electronic platforms (collectively, the “Site”) and (iii) your use or purchase of our Content, Services and/or Products.  

DEFINITIONS

The terms “I”, “we”, “us” “our” and “Company” refers to Kristina Social LLC dba Kristina Social. 

The terms “user,” “you” and “your” refers to Site visitors, customers, and any other purchaser of our Products.

The term “1:1 Coaching” means any one-on-one or individualized coaching offered or sold by the Company.

The term “Buyers Academy” means collectively 0-100K Buyers Academy and 0-100K Buyers Academy Pay Plan.

The term “Content” means the content offered by or created by or for the Company, which shall include but is not limited to the Site, information contained on the Site or other electronic means, websites or social media platforms (including, but not limited to, Instagram), our materials/information, Products, Services (including, but not limited to 1:1 Coaching, Buyers Academy, the Mastermind and any Retreat), any digital content delivered or downloaded via email or other electronic means, webinars, courses, classes, posts and the like, whether purchased or not.

The term “Live Bonuses” means any Instagram profile review, Voxer support day or other incentive bonus offered by the Company.

The term “Mastermind” means 10K Mastermind.

The term “Product” and “Products” means the written or digital products offered or sold by the Company, which shall include, but is not limited to, (i) written materials, resources or information provided to you by us in any digital product, program, course and/or Service (including, but not limited to 1:1 Coaching, Buyers Academy, the Mastermind and any Retreat),, (ii) any digital content or information delivered or downloaded via email or other electronic means, (iii) non-live webinars, (iv) documents, (v) non-live programs, (vi) non-live courses, (vii) non-live classes, (viii) PDFs, (ix) non-live video calls, (x) posts and (xi) the like.

The term “Services” means the services offered by the Company, which shall include, but is not limited to, (i) Buyers Academy, (ii) 10K Mastermind, (iii) any Retreat, (iv) 1:1 Coaching, (v) business coaching, (vi) mentoring, social media coaching, (vii) live calls or videos, webinars, programs, courses, classes, and (viii) the like.

The term “Retreat” means collectively The 100K Retreat and/or any other live in-person retreat offered by the Company.

1. USER’S ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS:

By using the Site, our Services, our Products or purchasing from the Company, you are consenting and agree to abide by all of these Terms and all applicable laws related to your use of the Site, our Content, our Services and our Products, including any additional terms and conditions and policies referenced here and/or available by hyperlink, whether now existing or hereinafter enacted or adopted. 

Please read these Terms carefully before purchasing from us; provided, however, that failure to read these Terms shall not result in a waiver of your consent to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT USE THE SITE, PURCHASE OUR SERVICES OR PURCHASE OUR PRODUCT OR SERVICE AS YOU ARE CONSENTING TO THESE TERMS BY USING THE SITE OR PURCHASING OUR PRODUCTS OR SERVICES.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site/platform/course hosting platform/website/Products/Services. It is your responsibility to check the appropriate page periodically for changes. Your continued use of or access to the Services/Product/digital course/product following the posting of any changes constitutes acceptance of those changes.

2. PURCHASE TERMS & CONDITIONS

By agreeing to these Terms (or having been deemed to have agreed to these Terms), you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site. Children under the age of 18 are prohibited from using the Site, Content, Product(s) and/or Service(s).

You may not use our Content, Products and/or Services for any illegal or unauthorized purpose nor may you, in the use of the Site, Content and/or Service and/or Products, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree to not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of your Products and/or Services and you shall remain responsible for the full amount of your purchase and the entirety of any remaining payments due under payment plan.

Due to the nature of our Products and Services, we do not offer refunds after purchase except as otherwise expressly set forth in these Terms. If you are not satisfied with your purchase, please share your concerns with us via email at support@kristinasocial.com and we’ll do our best to address your concerns.

We will periodically update our Products to stay current. For the lifetime the Product, you will have access to these revisions and/or updates and/or edits to the Product at no additional charge. Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you.

If you have selected a payment plan option, you understand and agree that the full amount of the purchase is due and payable as of the date of purchase; provided, however, that you may pay such full amount in accordance with the selected payment plan option, subject to these Terms. If you have selected a payment plan option, you understand and agree that all payments must to be made on the due date thereof. If there is delay in any payment beyond the due date thereof, the Company reserves the right to bill you a late fee of 3% each week, based on the remaining balance due under the payment plan. Payment plans are provided for your convenience and are not to be construed as a subscription service. You understand that regardless of any attempt to request a refund or terminate your purchase after accessing the Product(s) and/or Services, you remain responsible for the full amount of your purchase and the entirety of any remaining payments due under payment plan.

You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this Site, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of these Terms and you agree to not do so. You are responsible for any fees, including attorneys' fees, associated with or incurred by us in recouping payment on outstanding payments and/or disputes and/or any collection fees associated with or incurred by us in connection with such an event. We reserve the right to forward any payment disputes to a collection’s agency.

3. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You hereby waive any claims you have or may have in the future against us regarding any damages resulting from the foregoing.

You shall not sell, resell, reproduce, duplicate, copy, or exploit any portion of the Site, our Content, our Products and/or Service without express written permission by us (which permission is in our sole and absolute discretion).

We are not responsible if information (written or oral) made available on this Site or within our Content, Products and/or Services is not accurate, complete, updated, or current. The material on this Site is provided for general educational and informational purposes only and should not be relied upon or used as the sole basis for making decisions related to you, your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Content, on the Site, or in our Products and/or Services is at your own risk. You hereby waive any claims you have or may have in the future against us regarding any damages resulting from accuracy or completeness of the Site, Content, Products and/or Services. We reserve the right to modify the contents of or information made available on the Site, our Content, the Products and/or Services at any time, but we have no obligation to update any information on the Site or in our Content, Product and/or Services. You agree that it is your responsibility to monitor changes to our Site, Content, Products and/or Services.

You understand that the information (written or oral) presented in any of our Site, Content, Products, and/or Services is not legal, financial, economic, therapeutic, mental health, or medical advice and that the Company is not a professional service provider. All of the information (written or oral) provided throughout the Site, Content, Product and/or Services, including, but not limited to, the resources delivered via phone/video conference, e-mail, in an online forum, live events including webinars and video/audio recordings, materials, resources, digital content, documents, programs, courses, classes, PDFs or live posts educating about business, laws, health, wellness, and/or finance-related information, are resources for educational and informational purposes only and should not (and do not) take the place of hiring a licensed professional. You understand that the Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, economic advice or mental health advice. Your use of this Site, Content, Products and/or Services at your own risk and do so voluntarily.

You agree that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site, Content, Product and/or Services, including, but not limited to, any actions you choose to make, or not make, as a result of using our Site, Content, Products and/or Services. You hereby waive any claims you have or may have in the future against us regarding any damages resulting from the foregoing. You should consult with a professional for any and all questions or concerns. 

4. ACCOUNT CREATION

In order to use the Site, Content, Products and/or Services, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any information you give to the Company will always be accurate, correct, and up to date. You shall not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, Content, Services and/or Products, violate any laws in your jurisdiction nor shall you use the Site, Content, Services and/or Products for any illegal or unauthorized purpose. In the event that your account is compromised, you agree to notify us in writing (via email) immediately and immediately change your password. Any violation of these Terms are grounds for removal and banishment from the Site at our sole discretion. No refunds, partial or otherwise, will be provided in this type of situation, and you shall remain responsible for the full amount of your purchase and the entirety of any remaining payments due under payment plan.

5. LAWFUL PURPOSES

You shall use the Site, our Content, Products and/or Services for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, discriminatory, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any law. Doing so is grounds for termination of Service, at our sole discretion. No refunds, partial or otherwise, will be provided in this type of situation, and you shall remain responsible for the full amount of your purchase and the entirety of any remaining payments due under payment plan.

Infringement Notification. The Company respects the rights of others and we expect users of our Site, Content, Products and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also the Company’s policy that Company has the right to remove, suspend, terminate access, or take other appropriate action against offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to the Company by both of the following means:

Email: support@kristinasocial.com and include in the subject line of such email in all caps the following: “NOTICE OF INFRINGEMENT – [____________]”

In any such notice, please include sufficient information to address the items specified below:

Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.

Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit the Company to locate the material.

Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.

Say “entire work” ONLY if all assets/pages in a collection/document are infringing.

Include details of your claim to the material, or your relationship to the material’s copyright holder.

Provide your full name, mailing address, email address, and telephone number should we need to clarify your claim.

Provide a working email address where we can contact you to confirm your claim.

If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”

Sign the document, physically or electronically.

6. ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning Product delivery or receipt of Services. In the event that there is an error in this email confirmation, it is your responsibility to inform us immediately at: support@kristinasocial.com.

7. PRODUCT DESCRIPTION

We endeavor to describe and display the Site, Content, Product and/or Service as accurately as possible. While we try to be as clear as possible in explaining the content of our Products and/or Services, we do not guarantee that the Site, our Products and/or Services are entirely accurate, current, or error-free and you acknowledge and agree that the Site, our Products and/or Services are not entirely accurate, current, or error-free. From time to time we may correct inaccuracies or errors in pricing and descriptions and make updates to current pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing in our sole and absolute discretion.

8. PRODUCTS AND/OR SERVICES

Certain Products or Services may be available exclusively online through the Site or other electronics means. These Products or Services may have limited quantities and are not subject return or exchange, unless otherwise specifically provided for in our Return Policy described in these Terms.

We reserve the right, but are not obligated, to limit the sales of our Products and/or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products, Services or pricing thereof are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this Site is void where prohibited.

We do not warrant that the quality or accuracy of any Products, Services, Content, information, or other material purchased or obtained by you will meet your expectations, or that any errors or inaccuracies in the Site, Content, Product or Service will be corrected.

9. PERSONAL INFORMATION

Your submission of personal and non-personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, visit: Privacy Policy | Kristina Social

10. OUR INTELLECTUAL PROPERTY

The Site, Content, Products and Service contain intellectual property, confidential information, and/or other proprietary information (collectively, “Intellectual Property”) owned by or in favor of the Company, including, but not limited to, trademarks, trade secrets, copyrights, strategies, formulas, applications, processes, proprietary information and other intellectual property and confidential information as well as the Company‘s name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of the foregoing.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, perform, or in any way exploit in any format whatsoever any of the Site, Service, Products, Content, course materials and Program materials, or any other Intellectual Property, in whole or in part without our prior express and written consent (such consent in our sole and absolute discretion). We reserve the right to immediately remove you from the Site and/or Service and/or Product at our sole discretion. No refunds, partial or otherwise, will be provided in the event you have violated or have attempted to violate the intellectual property policy, and you shall remain responsible for the full amount of your purchase and the entirety of any remaining payments due under payment plan.

License to Use. By purchasing our Product and/or Services, you are hereby granted one limited, non-assignable, non-exclusive, non-transferrable, non-sublicensable, revocable license to use the Product and/or Services that you purchased. We reserve the right to immediately revoke this license in the event you violate these Terms and no refunds, partial or otherwise, will be provided in this situation, and you shall remain responsible for the full amount of your purchase and the entirety of any remaining payments due under payment plan.

No Resale Permitted. You shall not (i) reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes (including, but not limited to non-commercial or commercial purposes) any portion of the Site, Content, Products and/or Services, (ii) except as otherwise expressly set forth in these Terms, allow third parties to use any of the purchased materials/products, or (iii) except as otherwise expressly set forth in these Terms, grant access to any Product or Service purchased. These Terms and all Product and/or Services purchased are not transferable or assignable or licensable without the Company’s prior written consent, which consent is in Company’s sole and absolute discretion.

You shall not share access to the Products and/or Services and/or Content and/or Intellectual Property purchased with any other person or party. This includes, but is not limited to, parties that have not purchased the Products, Services, or Content or any other third-party that Company has not expressly authorized access to. If you violate these Terms (by way of example only such as giving or selling a copy of our Products and/or Services and/or Content to others), in addition to all other rights and remedies of the Company available at law or in equity, you agree to pay the Company for the improper license of the purchased goods or services that you gifted or sold to others and we reserve the right to immediately revoke your license and terminate your access to our Site, Products, Content and/or Services, temporarily or permanently, and you shall remain responsible for the full amount of your purchase and the entirety of any remaining payments due under payment plan.

Non-Disclosure. By accessing or using our Site and/or Products and/or Services and/or Content, you agree to treat any and all information provided by us or obtained through the use of the product as confidential and proprietary (collectively, “Confidential Information”). Confidential Information shall be deemed to include our Intellectual Property. You acknowledge that the Confidential Information is valuable and you shall not disclose, share, distribute, reproduce, or use such Confidential Information for any purpose other than the express permitted use of the digital product.

Confidential Information includes, but is not limited to, any trade secrets, proprietary knowledge, algorithms, technical specifications, designs, code, documentation, information that is not generally known to the public, or any other information designated as (or deemed to be) confidential and/or proprietary.


You shall exercise reasonable care to prevent the disclosure or use of the Confidential Information. This duty of confidentiality shall continue even after the termination or expiration of your use of our Products and/or Services and/or Content.

11. MODIFICATIONS TO THE PRODUCTS AND/OR SERVICE AND PRICES

Prices for our Products and/or Service are subject to change at any time and without notice.

We reserve the right at any time to modify or discontinue the Service or Products (or any part or content provided) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Products and/or Service, and you waive any such liability with respect to any such modification, price change, suspension, or discontinuance.

12. NO GUARANTEES

(a) We cannot guarantee any outcome of you using or consuming the Products, the Services, and/or your participation in any Program. We make no guarantees other than that the descriptions of the Product and/or Service shall be reasonably provided to you in accordance with these Terms. You acknowledge and agree that Company cannot guarantee any results of the Products/Services as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results, and not be relied upon by you. You acknowledge and agree that not achieving your desired results is not grounds for a refund, partial or otherwise, and shall not entitle you to same.

(b) Company may provide (on its Site, Content, Products or via email, for example) affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of the product or service provided by any third-party or the outcome or results of any such product or service provide by any third-party. Company bears no liability with respect to such service or experience and you waive any such liability with respect to your use of any such service or experience.

13. NON-DISPARAGEMENT

You shall refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents or these Terms, the Site, the Content, the Services or the Products, other than to comply with law. This also includes directing, instructing or causing others to do so. This provision in no way restricts your ability to communicate accurate reviews or performance assessments about Company’s goods or services. This section survives termination.

14. CONFIDENTIALITY

Please refrain from sending Company and its representatives any confidential information. If there is a group environment or community included in your purchase (for example, Kajabi or Azura) you understand and agree that any information published in any such community will be done so without any expectation of privacy or confidentiality.

15. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

You acknowledge and agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site, Products, Content and/or Services. Additionally, the Company is not liable for 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 profits, business, savings, goodwill or data; 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 the 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 the damages, our liability is limited to the fullest possible extent permitted by law. Notwithstanding anything in these Terms to the contrary, in no event shall the Company cumulative liability to you exceed the total purchase price of the Product/Service you have purchased from the Company and/or Kristina Social and if no purchase has been made by you, the Company’s cumulative liability to you shall not exceed $100.

WITHOUT LIMITING THE FOREGOING “LIMITATION OF LIABILITY” PROVISION, THE SITE, CONTENT, PRODUCTS AND/OR SERVICES ARE PROVIDED TO YOU “AS IS” AND THAT YOU ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM US OR ANY OF OUR AGENTS (IF ANY) AND THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF QUALITY, NATURE, ADEQUACY, THE ECONOMICS OF ANY PAST OR FUTURE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, CONTENTS PRODUCTS AND/OR SERVICES. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE,CONTENT, PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED.

16. INDEMNIFICATION
You shall protect, defend, indemnify, release and hold harmless the Company and its officers, directors, employees, personnel, agents harmless from and against any and all claims, losses, damages, settlements, liabilities, suits, actions, proceedings, obligations, fines, penalties, fees, judgments, awards, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, reasonable attorneys’ fees, arising out of (i) any breach by you of any of these Terms or (ii) any use by you of the Site, Content, , Products, and/or Services. You shall provide us with any such assistance as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

17. CHANGES TO POSTED TERMS

We may at any time amend, modify or update these Terms without prior notice to you. Such amendments are effective immediately upon us posting the new Terms on the Site. Any use of the Site, Products, Content and/or Services by you after such amended, modified or updated Terms have been posted to the Site means you accept such amendments, modifications or updates. We reserve the right to update any portion of our Site, Products, and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

18. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Company pertaining to the Site, Content, Products, Programs and/or Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms by the Company shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the Company. No such waiver shall be taken as a waiver of any other or similar provision, or of any future event, act, or default. Notwithstanding anything in these Terms to the contrary, we reserve the right to require your agreement to supplemental terms and conditions in connection with the purchase of our Products or Services.

19. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Email: support@kristinasocial.com

Address: 5931 Greenville Ave Unit #5562

Dallas, TX 75206, United States

20. GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any court proceeding based on or arising out of these Terms shall be Dallas County, Texas, United States of America. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or if the parties both agree, they may use another procedure. The parties further acknowledge and agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

21. RECOVERY OF EXPENSES; DEFAULT BY THE COMPANY

You shall pay the Company upon receipt of notice from the Company for all out-of-pocket costs and expenses (including reasonable attorneys’ fees and disbursements) incurred by the Company in connection with (i) enforcing or preserving any of its rights hereunder in response to third party claims, (ii) enforcing or preserving any of its rights hereunder in response to your breach or default hereunder, (iii) the prosecuting or defending of any action or proceeding or other litigation by the Company against you, or (iv) enforcing its rights pursuant to any indemnification provision. 

If the Company shall default in the performance of its obligations expressly set forth in these Terms, then you shall provide the Company with written notice of such alleged default and the Company shall have thirty (30) days after receipt of such written notice to cure such alleged default.

22. EQUITABLE RELIEF

You acknowledge that monetary damages and other remedies at law may be inadequate to protect the Company against a breach of these Terms and it is agreed that, in addition to any other applicable relief, the Company may be entitled to equitable relief (including injunctive relief and/or specific performance) in the event of any such actual or threatened breach without proof of actual damages or any obligation to post security, as well as to the reimbursement of any attorneys’ fees that the Company incurs in connection with or as a result of any such actual or threatened breach, and you waive any defense in connection with the Company’s ability to seek equitable relief.

23. SEVERABILITY

In the event that any provision of these Terms shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from these Terms, as circumstances require, and these Terms shall be construed as if said provision had been incorporated herein as so limited, or as if said provision has not been included herein, as the case may be.

24. ASSIGNMENT

These Terms bind and inure to the benefit of the Parties’ successors and assigns, subject to the terms and conditions set forth herein. These Terms are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid and null and void.


25. ERRORS & OMISSIONS

The Site, Content, Products and/or Services and the information contained in any of the foregoing may contain typographical errors or inaccuracies, and may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided (whether written or oral), regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in the Site, in our Content, Products and/or Services. You acknowledge and agree that we bear no responsibility or liability for any inaccuracies, errors or omissions in the Site, in our Content, Products and/or Services and you waive any such liability with respect to your use the Site, in our Content, Products and/or Services.

26. TESTIMONIAL DISCLAIMER

Our Site, Products, and/or Services may contain testimonials by users of our Site or former/current customers or our Products and/or Services. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary and you shall not be entitled to rely upon any testimonial.

27. EARNINGS DISCLAIMER

Any earnings or income/financial claims or examples shown on our Site, Content, Products and/or Services are only estimates of what is possible now or in the future. We make no income/financial claims or guarantees of any kind regarding financial outcomes or potential income based on your use of our Site, Products, Content and/or Services (or our affiliate program). We make no guarantees that you will earn any money using any of our Site, Content, Products and/or Services and your income or earnings are solely dependent on your actions or non-actions. Your individual results may vary and you shall not be entitled to rely upon any earnings or income/financial claims or examples. You hereby waive any claims you have or may have in the future against us regarding any damages resulting from any earnings or income/financial claims or examples shown on our Site, Product and/or Services.

28. FEEDBACK/REVIEWS

Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to (i) Stan Store Privacy Policy (https://assets.stanwith.me/legal/privacy-policy.pdf); (ii) SamCart Privacy Policy (https://www.samcart.com/privacy-policy); (iii) Showit Privacy Policy (https://showit.com/privacy/); (iv) Azura Privacy Policy (https://weareazura.com/privacy-policy)); (vi) Kajabi Privacy Policy (https://legal.kajabi.com/policies/privacy); and (vii) Instagram Privacy Policy (https://mbasic.facebook.com/privacy/policy/printable/). We own such communication from you and any such communication displayed on our Site, Content, Products and/or Services, including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.

29. THIRD-PARTY LINKS AND/OR PRODUCTS

Affiliate Links. Our Site, Content, Products and/or Services may use affiliate links to promote certain Content, Companies, third-parties, and products or services. We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products and/or Services. You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products and/or Services. We in no way guarantee the quality of the affiliate product or service provided by any third-party or the outcome/results of such affiliate product and bear no liability with respect to such product, service or experience and you waive any such liability with respect to your use of any such service or experience.

Links to Other Sites/Information. Our Site, Content or Products may contain links to other websites, which are not affiliate links. These links are only provided for your convenience and should not be relied upon. We do not endorse or verify the quality or accuracy of the information contained on third-party websites accessed through these links. We in no way guarantee the quality or accuracy of the third-party link, product or service and bear no liability with respect to such link, product, service or experience and you waive any such liability with respect to your use of any such link, product, service or experience. Any questions or concerns regarding a third-party website or resources should be directed to the third-party. We bear no responsibility for any action or non-action you take associated with the third-party you waive any such liability with respect to same.

Suggested Products: Our Site, Content Products and/or Services may include suggestions or recommendations regarding products. Please note that these suggested products are provided for informational purposes and do not constitute an endorsement, guarantees, or warranties of any kind even if an affiliate relationship exists. You understand, acknowledge and agree that the selection, purchase and use of any suggested products are solely your responsibility and you are encouraged to conduct your own independent research, carefully read product labels, reviews and consult with professionals before making any purchase and/or using the suggested products. You should also be aware of your own preferences, sensitivities, or other individual factors that may affect the suitability for using the suggested products. Any questions or concerns regarding a suggested product should be directed to such product provider. We bear no responsibility or liability for any action or non-action you take associated with the product provider and you waive any such liability with respect to same.

30. RESTRICTIONS ON MASTER RESELL RIGHTS
You acknowledge and agree that all Content, Products, Services, and materials provided by us are subject to specific usage rights.

Under no circumstances are you permitted to sell, transfer, or distribute any of the Company’s Content, Products and/or Services to any third-party nor are you permitted to sell, transfer, or distribute any of the Company’s Content, Products and/or Services under master resell rights, private label rights, resale rights or otherwise. You hereby acknowledge and agree that you shall not sell, transfer, or distribute any of the Company’s Content, Products and/or Services.

Authorized Use Only. The Products, Programs Services, and materials offered by us are for your personal or business use only, subject to the terms and conditions set forth in these Terms.

Prohibited Activities. In addition to the foregoing, you are strictly prohibited from granting (and you hereby acknowledge and agree not to grant) master resell rights, private label rights, or any other rights that enable third parties to resell or distribute our Site, Content, Products and/or Services. Selling, licensing, or transferring the rights to any third party constitutes a breach of these Terms. Unauthorized use or distribution of these materials (including, but not limited to, our Site, Content, Products and/or Services) may result in legal action.

Consequences of Violation. In the event of a violation of this Clause 30, we reserve the right to immediately terminate your access to our Site, Content, Products and Services without prior notice. Additionally, we may pursue any available legal or equitable remedies to protect our intellectual property and enforce this restriction, including, but not limited to, those legal and equitable remedies set forth in these Terms.

Exceptions. This restriction does not apply to any specific agreements or licenses expressly granted by the Company to you in writing and in the Company’s sole discretion. Any exceptions must be documented in a separate, written agreement between the Company and you.

31. RULES OF CONDUCT
As a valued member of our community, you are required to adhere to the following rules of conduct while participating in discussions, forums, and any other interactive features of our Site, Content, Products and/or Services, where applicable. These rules are designed to ensure a positive and respectful environment for all participants. These rules of conduct also govern your participation in 1:1 Coaching, Buyers Academy, the Mastermind and any Retreat. The Company reserves the right to enforce these rules of conduct any at time and without further notice. Failure to strictly comply with the following rules of conduct is grounds for immediate termination of your access and/or use of our Site, Content, Products and/or Services at our sole discretion. No refunds, partial or otherwise, will be provided for your failure to comply with the rules of conduct and you shall remain responsible for the full amount of your purchase and the entirety of any remaining payments due under payment plan.

Respectful Communication: Always engage in respectful and courteous communication with fellow community members, moderators, and administrators. Do not use language or engage in behavior that may be considered offensive, harmful, or discriminatory. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, discriminatory, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any law.

No Spam or Self-Promotion: Do not engage in spamming or self-promotion within the community. Promotion of external products, services, or websites should only be done in designated areas with permission from the Company or its administrators.

Confidentiality and Privacy: Respect the privacy of other members and do not share their personal information without their explicit consent. Additionally, you shall refrain from sharing any confidential or proprietary information about our Company or other members.

Compliance with Laws and Regulations: Do not use the community platform to engage in any illegal activities or violate any applicable laws and regulations.

Be Supportive and Constructive: Encourage a supportive and constructive environment by offering helpful insights, feedback, and assistance to other members. Avoid any behavior that may discourage or harm the community's spirit.

No Harassment or Bullying: Harassment, bullying, or any form of intimidation is strictly prohibited. Treat all members with kindness and consideration.

Report Inappropriate Behavior: If you encounter any behavior that violates these rules of conduct or makes you feel uncomfortable, promptly report it to the Company, community moderators or administrators.

Moderator Decisions: Respect the decisions of the Company, community moderators and administrators. They have the authority to enforce these rules and may take appropriate actions to maintain the integrity of the community.

Intellectual Property and Copyright: Only share content in the community that you have the right to use, and always give appropriate credit to the original creators when referencing their work.

Compliance with Terms: Ensure that all community interactions comply with the overall Terms, as well as any additional guidelines provided by the Company.

32. RECORDINGS AND USE OF LIVE TRAINING SESSIONS

Consent to Recording and Use. By participating in live training sessions, webinars, calls or other events hosted by the Company (collectively, “Live Sessions”), you acknowledge and agree that these sessions may be recorded and later used as pre-recorded lessons for educational purposes. You hereby grant the Company the irrevocable and unrestricted right to record such Live Sessions and to use, reproduce, distribute, display, and create derivative works from the recordings, including your voice, image, likeness and other attributes captured during these Live Events and recordings. The recordings may be made available to other members who were not present during the live session or future members to benefit from the knowledge shared.

Questions and Participation. If you ask questions or participate in discussions during Live Sessions, you understand and consent to the recording of your voice, image, and likeness as part of the overall recording, and hereby consent to the Company’s use of such recording in the future.

Confidential Information. The Company will make reasonable efforts to exclude any personally identifiable or sensitive information from the recordings before using them for pre-recorded lessons. However, it is your responsibility to avoid sharing any confidential or sensitive information during Live Sessions. We bear no responsibility for any confidential or sensitive information you share during Live Sessions and you waive any such liability with respect to same.

Release of Information. You acknowledge and agree that certain topics may be anonymously and hypothetically shared with others for training, supervision, mentoring, evaluation, further coach professional development, and/or consultation purposes. You consent to the release of this information provided it is released anonymously. 

Withdrawal of Consent. If you wish to withdraw your consent to the use of your voice, image, and likeness in the recordings, you must notify the Company in writing. Please note that this withdrawal will only apply to future use of the recordings and not to any recordings already in use.

Recording and Distribution: You are strictly prohibited from recording, reproducing, or distributing any Live Sessions or their content without prior written consent from the Company (which consent shall be in the Company’s sole and absolute discretion).

Modification or Cancellation of Live Sessions: The Company reserves the right to modify the schedule or content of Live Sessions, or to cancel them entirely, at its sole discretion, with or without notice.

33. LIMITED REFUND POLICY
 
We want you to be satisfied with your purchase of Buyers Academy, but we also want you to give your best effort to apply all of the strategies in Buyers Academy. The Company provides a limited 14-day money-back guarantee with respect to Buyers Academy (the “Buyers Academy Refund”). The Buyers Academy Refund is governed by the following terms and conditions (the “Buyers Academy Refund Policy”).

In order to qualify for the Buyers Academy Refund you must submit proof that you did the work in Buyers Academy and Buyers Academy did not work for you. In the event that you decide your purchase of Buyers Academy was not the right decision, contact our support team at support@kristinasocial.com and let us know you’d like to request a refund within 14 days after the date the first module of Buyers Academy is released, by 3:59pm CT (“Buyers Academy Refund Period”). The Buyers Academy Refund Period for fall 2024 ends on October 14, 2024 at 3:59 PM CT. You must include your coursework with your request for a refund, as outlined below. If you request a refund and do not include your coursework by the end of the Buyers Academy Refund Period, you will not be eligible to receive a Buyers Academy Refund. Your failure to request a Buyers Academy Refund during the Buyers Academy Refund Period shall be deemed to be a waiver of your right to request a Buyers Academy Refund and you shall not be entitled to receive a Buyers Academy Refund.
 
The phrase “did not work for you” means that you did not see any increase in any single Instagram metric at any time during the duration of Buyers Academy Refund Period and the phrase “Instagram metric” means in the number of accounts reached, the number of accounts engaged, or the total number of followers at any time during the Buyers Academy Refund Period. For example, if after week one you gained 20 followers, then you are ineligible for a Buyers Academy Refund.
 
You must submit ALL of the following items with your request for a Buyers Academy Refund on or before the end of the Buyers Academy Refund Period:

Requirement 1: Complete and attach at least five sentences telling us specifics about your ideal buyer.

Requirement 2: Complete and attach the takeaways from at least three “Nail Your Audience Questions”, including at least two Objections and Solutions/Insights to any objections that came up on the calls.

Requirement 3: Complete and attach your Ideal Buyer Description + Problem/Transformation analysis. 

Requirement 4: Attach screenshots of three actual Instagram reels (must show publish dates within the Buyers Academy Refund Period) where you were validating your audience and implementing the materials, tips and/or strategies included in Buyers Academy. 

Requirement 5: Tell us why Buyers Academy was not a good fit for you and your business needs. What did you expect that you did not get once inside Buyers Academy?

We will NOT provide a Buyers Academy Refund for any request that comes after the expiration of the Buyers Academy Refund Period. After the expiration of the Buyers Academy Refund Period, all payments are non-refundable and you shall be responsible for full payment of the fees for Buyers Academy and the entirety of any remaining payments due under payment plan regardless of whether you complete Buyers Academy. 

If you opted for a payment plan and you do not request a refund within the Buyers Academy Refund Period (or are not entitled to a Buyers Academy Refund) with the required coursework at the time of your Buyers Academy Refund request, you are required by law to complete the remaining payments of your payment plan.

If the Company determines, in its sole discretion, that you are entitled to receive a Buyers Academy Refund pursuant to this policy, then the Company will issue an instruction to its payment processor to issue the Buyers Academy Refund. The Company does not control its payment processor and will not be able to expedite any Buyers Academy Refunds.

If you receive a Buyers Academy Refund of any purchase of the Academy through this limited Buyers Academy Refund Policy, then any and all licenses granted you to use the materials provided to you pursuant these Terms shall be immediately terminated. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
 
All Buyers Academy Refunds are discretionary as determined by the Company in its sole discretion. To further clarify, we will not provide Buyers Academy Refunds for requests made after the Buyers Academy Refund Period and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Except as otherwise expressly set in the Buyers Academy Refund Policy, because of the extensive time, effort, preparation and care that goes into creating and providing the Products and Services, the Company has a no refund policy with respect to the Products and Services. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Products and Services and no refunds will be provided to you. By using and/or purchasing our Products and/or Services, you understand and agree that, except for the Buyers Academy Refund Policy described above, all sales are final and no refunds will be provided, you shall be responsible for full payment of the fees for any Products and/or Services purchased and the entirety of any remaining payments due under any payment plan.

Since we have clear and explicit Refund Policies in these Terms that you have agreed to prior to completing the purchase of our Products and/or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these Terms, the Company may terminate your access and participation in 1:1 Coaching, Buyers Academy, Masterminds and any Retreat without notice and without refund and you are responsible for full payment of the fees for 1:1 Coaching, Buyers Academy, Masterminds and any Retreat and the entirety of any remaining payments due under payment plan regardless of whether you complete 1:1 Coaching, Buyers Academy, Masterminds and any Retreat.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: support@kristinasocial.com

34. 1:1 COACHING SUPPORT

I am available to answer questions in a private client app Monday-Friday from 9am-4pm CST (unless I’m traveling then my times may be slightly different depending on time zones). I will use reasonable efforts to reply within 24 hours from receipt of your message. If you don’t get a response by then, please email me at support@kristinasocial.com so that we can make sure that all the tech is working and I received your message! I look forward to working with you!
 
35. LIVE BONUSES. 
 
If you are entitled to a Live Bonus in connection with Buyers Academy, then you must use such Live Bonus during the live portion of Buyers Academy. If you fail to use any such Live Bonus prior to the end of the live portion of Buyers Academy, then you will no longer be entitled to use such Live Bonus. For example, if you are part of the September cohort of Buyers Academy starting on September 30, 2024, then any Live Bonuses (including, but not limited to any Voxer support days) must occur or be used in November 2024. For Voxer support days, you will be given a list of days to choose from and should sign up for the best time that works for you.

36. CONTACT US

Questions about these Terms and Conditions? Email us at support@kristinasocial.com
 
 
Last updated September 15, 2024.