Terms of Service Agreement
Crystals by Amy Robeson
You are purchasing Crystals (“Product”). The following Agreement is the Terms of Service for this Product. Please read it carefully. If you do not agree to the following terms, DO NOT purchase the Product. By purchasing the Product, you are accepting the following Agreement, and you agree to and are bound by the following terms.
1. Parties:
For purposes of this Agreement, you (the purchaser) are referred to as “Client.” Seller, Love Light and Yoga LLC, DBA Awakening with Amy Robeson, DBA Amy Robeson, DBA Crystalline Light Codes with Amy Robeson, is referred to as “Company.”
For purposes of this Agreement, LOVE, LIGHT, YOGA LLC (doing business as (DBA) “AWAKENING WITH AMY ROBESON,” “AMY ROBESON,” and “CRYSTALLINE LIGHT CODES WITH AMY ROBESON”) along with any affiliates, agents, business associates, contractors, employees, co-sponsors, and co-hosts will collectively be referred to as “Company.” For clarity, Amy Robeson the person, individual and owner of LOVE, LIGHT, YOGA LLC is NOT a party to this agreement and all references to Amy Robeson within this agreement and on all collateral materials, including websites, refer to the doing business as (DBA) entities only.
2. Company’s Services:
Client has purchased a physical crystal as described in the Company’s checkout page or sales page.
3. Fee
Client purchased a physical crystal for the agreed upon purchase price.
4. Payment:
Client agrees to pay a total fee listed on the checkout page or sales page at the time of purchase unless payment plan is available.
Company has the right to cancel the purchase request due to any late payments and or no payments made by client.
You are responsible for reviewing the billing date which can be found by logging in to your account.
If you have chosen a payment subscription plan by selecting a minimum number of recurring fees in the checkout form or through a signed agreement, then you shall immediately owe and pay Amy Robeson. If you cancel the payment subscription plan early, then any unpaid future recurring fees must still be paid.
To collect payment on past due payments, we will use any payment method on file. If Company cannot collect payment within 3 months, your amount owed may be sent to a collection agency which may be credit affecting.
If you pay with an e-check, your account will remain on hold until the check clears. We will not ship your order until the check clears.
If you make a payment and it shows posted on your end, but we have not received it, you must supply proof of payment before your order is shipped.
We recommend that you save, copy or print this acknowledgment for future reference.
These terms are subject to change at a future date. Client agrees to be bound by the terms of the agreement for all future revisions to this agreement as well.
5. Termination:
This Agreement does not allow for termination prior to the Product end date. If Client chooses to end participation prior to the Product end date, Client will not receive a refund, and will be responsible for completing payment outlined in Paragraph 4.
If Client disputes a charge or charges through their credit card company, Client may be asked to return the crystals until the dispute is resolved in Company’s favor or disputed amount and dispute fee of $15 is paid by the Client. If Client disputes a charge or charges through their credit card processor, Client is still responsible for paying for the amount of the disputed charge(s). If Company loses the dispute, Client is also responsible for payment of the applicable Dispute Fee.
Company may terminate your request to purchase if Client is in violation of the contract, and/or exhibits behavior that is not in alignment with the values of the company. Client will not receive a refund of their deposit and will be responsible for full payment of the Product.
6. Refunds:
Company does not offer refunds or returns. You may not return the physical crystal once it is mailed and you will not receive a refund. If the package is lost in the mail, you will not receive a refund. Client agrees to file a claim with the United States Postal Service to receive compensation for any lost crystals in the mail.
If Client purchases a Mystery Crystal Box, Client understands and agrees that the contents are selected at the sole discretion of the Company and are intended to be a surprise. All Mystery Crystal Box sales are final. No refunds, returns, or replacements will be issued based on personal preferences or dissatisfaction with the items received.
7. Shipping:
Client is responsible for providing the correct shipping address. The Company is not responsible for packages sent to an incorrect address provided by the Client.
If the package is lost in the mail, Client agrees to file a claim with the United States Postal Service. The Company is not responsible for lost, stolen, or undelivered packages. Once the courier marks the package as delivered, it is deemed received by the Client.
The shipping fee covers both the shipping and handling costs.
8. Confidentiality:
Any information discussed or any information either party comes to know during Company and Client’s one-on-one work together is confidential. This does not include information Client makes available during group calls, information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by Client.
Confidential information may be shared if and only if waived by both parties in writing.
9. Release:
Company may take photographs, videos, audio recordings, or other recordings that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in Product, Client is consenting to being recorded and photographed and to the use of Client’s likeness and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
10. Intellectual Property:
Company reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation in Product. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes.
Client agrees to NEVER share their membership site login or any course materials with anyone else.
These terms are subject to change at a future date. Client agrees to be bound by the terms of the agreement for all future revisions to this agreement as well.
11. Non-Disparagement:
Client agrees to refrain from making false or misleading public statements, reviews, or comments that could negatively impact Company’s business, services, products, or reputation. Honest feedback is welcome, but defamatory, abusive, or intentionally damaging remarks are not permitted and may result in legal action. In addition, Company agrees to refrain from making any statements, whether oral or in writing, that negatively impact Client or Client’s business.
12. Assignment:
This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.
13. No Guaranty; Disclaimer:
NO GUARANTEES: Company makes no guarantees about Client and Company’s work together. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which is not to be relied upon to predict results in your specific situation. The results you experience will be dependent on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition…
NOT PROFESSIONAL MEDICAL ADVICE: Company will only be providing the services that are explicitly listed above in Paragraph 2. At no time should any of Company’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Company’s services are not intended to treat, diagnose, cure, or prevent any disease. If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.
NOT LEGAL OR FINANCIAL ADVICE: At no time should any of Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out.
EARNINGS DISCLAIMER: Any information provided by Company regarding wealth, abundance, income, earnings, business profits or personal financial status is for informational purposes only. The information may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation. As you know, financial outcomes depend on many factors including but not limited to your level of personal responsibility, commitment, and abilities.
14. Warranties:
Both Company and Client warrant that they have full authority to enter into this Agreement.
Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards.
Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement.
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
15. Whole Agreement:
This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements.
16. Modification; Waiver:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties.
In order to make the waiver binding, the party making the waiver must execute it in writing. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver.
The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
17. Severability:
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
18. Limited Liability:
THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOSS OF DATA.
19. Notices:
All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid, addressed to the party’s principal place of business, unless otherwise clearly stated in this Agreement that email notification shall suffice.
20. Dispute Resolution; Costs and Fees; Applicable Law/Venue:
Any dispute arising under this Agreement will be resolved by an online mediation service that is agreed upon by all parties or by a mediation in Tennessee with a mediator agreed upon by all parties. The parties agree to complete mediation in good faith prior to pursuing any other available legal or equitable remedies.
Parties agree that this Agreement shall be governed by and construed in accordance with the laws of Tennessee. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in United States of America, in the State of Tennessee.
If Client sues Company and Company is successful, Client is responsible for Company’s attorney’s fees, in addition to any other relief to which Company may be entitled.
21. No Resale of Product:
Client agrees that the Product, Crystals, purchased from Company is for personal use only. Client is prohibited from reselling the Product in any manner.