Terms and Conditions
Effective Date: 8.9.2024
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.stopthestarvingartist.com website (the "Service") operated by Stop the Starving Artist ("Company", "we", "our", "us").
By purchasing our products, you ("Client", "you") agree to the following terms stated.
1. Program Description
Stop the Starving Artist offers various online courses and programs designed to help artists market and sell their work online. The specific expectations for client participation will vary depending on the program. Clients should reference the terms or refund policies specific to each program for detailed information.
2. Disclaimer
Roles and Limitations: Client understands that Stop the Starving Artist and its representatives are not employees, agents, lawyers, doctors, managers, therapists, public relations or business managers, registered dieticians, or financial analysts, psychotherapists, or accountants. Client acknowledges that their participation in any program does not include any services that would treat or diagnose any disease, illness, or ailment, and if they should experience any such issues, they should see their registered physician or another practitioner as determined by their own judgment.
No Guarantees: Client understands that neither Stop the Starving Artist nor its representatives have promised or shall be obligated to:
- Ensure success in business, results, or sales for the Client.
- Provide assistance, as either coach or mentor, with consultations for future business contracts made by Client.
- Procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.
- Introduce Client to the full network of contacts, media, or business partners of Stop the Starving Artist.
3. Financial Obligation
Payment Terms: Payment for products and services offered by Stop the Starving Artist may be made in full upfront or through monthly installments. By selecting a payment plan, you authorize Stop the Starving Artist to charge your credit or debit card on a monthly basis.
Collections: If a Client fails to complete payments, Stop the Starving Artist reserves the right to seek recovery of any unpaid monies via a collection agency.
4. Refunds
Refunds are governed by the specific refund policy of each individual program or service. Clients should refer to the refund policy applicable to their program.
5. Confidentiality
Confidential Information: Stop the Starving Artist respects Clients' privacy and expects that Clients respect ours as well. Confidential information shared by Stop the Starving Artist or any of its representatives, including business strategies and client data, shall remain confidential, proprietary, and exclusive to the disclosing party.
Non-Disclosure: Both parties agree not to disclose or reveal any confidential information or use it in any manner other than in discussions directly related to the program. Any breach of confidentiality may result in injunctive relief to protect against the harm of such violations.
6. Client Responsibility
Clients participating in Stop the Starving Artist programs are responsible for their progress and results. Stop the Starving Artist makes no representations, warranties, or guarantees regarding the outcomes Clients may experience. Results will vary based on individual effort and circumstances, and Clients are expected to complete coursework and implement strategies to achieve their goals.
7. Miscellaneous Clauses
Limitation of Liability: While we strive to provide the best possible guidance and resources through our programs, individual results may vary. Our liability is limited to providing the services as outlined in each specific program. Under no circumstances shall Stop the Starving Artist, its directors, employees, or affiliates be liable for any indirect, incidental, special, or consequential damages arising from or related to your use of the programs.
Indemnification: Client shall defend, indemnify, and hold harmless Stop the Starving Artist, its officers, employees, contractors, and affiliates from and against any and all liabilities, expenses, and damages arising out of or related to the Client's use of the program or any breach of this Agreement.
No Transfer of Intellectual Property: All program materials provided by Stop the Starving Artist are copyrighted and are intended for individual use only. Clients are not authorized to sell, distribute, or use any of the Company's intellectual property for their own business purposes. Any violation of this clause may result in injunctive relief to prohibit further violations.
Independent Contractor Status: Nothing in this Agreement shall be construed as creating a partnership, venture, or employment relationship. Each party shall act as an independent contractor in performing its obligations under this Agreement.
Force Majeure: Stop the Starving Artist shall not be liable for any failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, war, labor strikes, or civil disturbances.
Severability/Waiver: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force. The failure of either party to exercise any right provided herein shall not be deemed a waiver of that right.
Assignment: Clients may not assign their rights under this Agreement without the express written consent of Stop the Starving Artist.
Modification: Stop the Starving Artist reserves the right to modify the terms of this Agreement at any time. All modifications shall be communicated to Clients via email.
Termination: Stop the Starving Artist may terminate this Agreement and limit, suspend, or terminate a Client's participation in the program without refund if the Client becomes disruptive, fails to follow program guidelines, or violates the terms of this Agreement.
Resolution of Disputes: Any disputes arising out of or relating to this Agreement shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. All claims must be lodged within 100 days of the initial claim, and the arbitration process shall be completed within 90 days. The arbitration shall be held in Missouri, and the decision of the arbitrator shall be final and binding.
Equitable Relief: In the event of a dispute, if monetary relief is inadequate, the injured party may seek equitable relief, including a temporary restraining order or injunction.
8. Earnings Disclaimer
Earnings Disclaimer: Every effort has been made to accurately represent our programs and their potential. However, there is no guarantee that you will earn any money using the techniques and ideas provided. Your level of success depends on various factors, including your time, effort, finances, and skills. Stop the Starving Artist makes no guarantees regarding your success or income level.
9. Notices
Contact Information: All notices, requests, and communications should be directed to [email protected].
