these terms of use (“terms” or “agreement”) represent an agreement between you (“client” or “participant”) and sparkling expressions, llc (“sparkling expressions” or “company”) and its affiliates, officers, directors, owners, agents, licensors, and representatives (“sparkling expressions",” “company,” “we,” or “us”) and govern your use of our website at www.sparklingexpressions.podia.com and another sites created by us from time to time (the “sites”) and any products or services made available by means of any of the sites (“products” or “services”). we refer to the sites and the products collectively in these terms as both “products” and “services.” by using any of the services, you acknowledge that you have read, understood, and agree to be bound by and comply with these terms.
terms of use: please read the following terms of use relating to your use of this site, and all the sites listed below under our name and brand, carefully. by using these sites, you agree to these terms of use. we reserve the right to modify these terms at any time, so please check this page periodically for changes. by using these sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. if at any time you choose not to accept these terms of use, please do not use this site or any of our sites or any of our products and services.
no transfer of intellectual property: the company’s products and programs are copyrighted and original materials that have been provided to client and are for client’s individual use only and a single-user license. client is not authorized to use any of company’s intellectual property for client’s business purposes or to reproduce or distribute company’s products in whole or in part. all intellectual property, including company’s copyrighted program and/or course materials, shall remain the sole property of the company. no license to sell or distribute company’s materials is granted or implied. by purchasing product and/or services, client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any confidential information shared by the company is confidential and proprietary, and belongs solely and exclusively to the company, (3) client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the company. further, by purchasing this product, client agrees that if client violates, or displays any likelihood of violating, any of client’s agreements contained in this paragraph, the company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
services: sparkling expressions grants you a non-exclusive, non-transferrable, revocable license to use the services, including the products (subject to payment, where applicable), for your personal use only, in accordance with these terms. we reserve all rights that we do not expressly grant in these terms. we may change, suspend or discontinue any aspect of the services at any time, including the availability of any feature or content. without limitation of any of our other rights or remedies at law, in equity or under these terms, we may terminate your license to use the services, in whole or in part, including your right to use any products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these terms.
disclaimers and limitations of liability: (a) you assume all responsibility and risk for your use of the services. the services, including any products, are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. (b) while we make good faith efforts to include substantially accurate information in the services, errors or omissions may occur. if we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the services, that the services will meet your requirements, or as to the results that will be derived from using any of the information included in the services. company assumes no responsibility for any errors or omissions that may appear in any products or services. (c) in no event shall glowing bliss reiki and its affiliates, officers, directors, owners, agents, licensors, and representatives be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the services. client agrees company’s services were used at their own risk and that any products or services is only an educational service being provided. client releases company, and its affiliates, officers, directors, owners, agents, licensors, and representatives and any related entities or parties from any and all damages that may result from any claims arising from any agreements, actions, causes of actions, contracts, suits, claims, costs, demands and damages of whatever nature or kind in law or in equity arising from client’s participation in services. client accepts any and all risks, foreseeable or unforeseeable. client agrees that company will not be held liable for any damages of any kind resulting or arising from including but not limited to: direct, indirect, incidental, negligent, consequential, special, or exemplary damages arising from the use or misuse of company’s services and products. (d) you assume all responsibilities, risk, and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the services, including without limitation any decision made or action taken by you in reliance upon products. client accepts and agrees that client is 100% responsible for results and progress from use of services and products. company makes no representations, warranties, or guarantees verbally or in writing. client understands that because of the nature of company’s products and services, the results experienced by each client may vary significantly. there is no guarantee that you will earn any money or achieve any particular results using the techniques and ideas provided in connection with the services. all information provided in connection with the services is intended for educational purposes only, for a general audience, and not as specific advice tailored for an individual or business. none of the information provided in connection with the services shall be construed to constitute medical, psychological, financial or accounting, legal or other professional advice; we urge you to consult with an appropriate licensed professional if you seek any such advice.
payment: when you make a purchase, you authorize us to charge the credit, debit card or account you provide on a one-time or monthly basis, or payment plan, depending on which payment plan you elect. we reserve the right to cancel any order for any reason. possible reasons for cancellation include, but are not limited to the following: fraudulent orders, incorrect pricing or non-payment. no refunds are permitted or will be given by the company for any products or services unless expressly stated otherwise.
confidentiality and your conduct: company respects client’s privacy and insists that client respects the company’s and clients of the company’s privacy as well. thus, consider this a mutual non-disclosure agreement. any confidential information shared by participants or any representative of the company is confidential, proprietary, and belongs solely and exclusively to the participant who discloses it. parties agree not to disclose, reveal or make use of any confidential information or any transactions, during discussions, on any forum or otherwise. client agrees not to use such confidential information in any manner other than in discussion with other participants or the company. confidential information includes, but is not limited to, information disclosed in connection with this agreement, and shall not include information rightfully obtained from a third party. both parties will keep confidential information in strictest confidence and shall use the best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss and theft. client agrees not to violate the company’s publicity or privacy rights. furthermore, client will not reveal any information to a third party obtained in connection with this agreement or company’s direct or indirect dealings with client including but not limited to; names, personal information, email addresses, third-party company titles or positions, phone numbers or addresses. you agree that you will not: (i) use the services in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “intellectual property rights”); (g) has an adverse effect on our business, reputation or ability to provide services; or (h) would otherwise be reasonably deemed objectionable under the circumstances; (ii) violate any program guidelines applicable to use of particular products or interfere with, impair or disrupt the ability of others to use such products; (iii) use the services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information; (iv) violate or attempt to violate the security of the services; (v) reverse engineer, decompile or disassemble any portion of the services; (vi) “scrape” information from the services by automated means; (i) interfere with the ability of others or permit any unauthorized access to or use of any products that you have licensed or to any password applicable to your account for the services; (vii) use, redistribute or resell any of the products or other content of the services, other than such unremunerated sharing via social media as may be authorized on the services or otherwise in writing by us; or (viii) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the services, including any products, in whole or in part unless granted written permission by sparkling expressions.
privacy: your use of the services is subject to our privacy policy, which is incorporated into these terms. by using any of the services, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.
miscellaneous: no joint venture, partnership, employment or agency relationship exists between you and sparkling expressions as a result of these terms and/or your use of the services. these terms shall be effective as of the date you purchase any product or service. these terms represent the entire agreement between you and the company with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the services. sparkling expressions may assign these terms at its discretion. you may not assign these terms. the company shall be entitled to seek equitable relief where appropriate if you breach of any of these terms. the titles and subtitles in these terms are used for convenience only and are not to be considered in construing it. all references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” all references herein to “we,” “our” or variations thereof shall be deemed to refer to sparkling expressions, llc. all references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these terms on behalf of such organization or entity. notices to you required or permitted hereunder shall be made to you at the most recent email address on file with sparkling expressions.