Last updated: July 19, 2020
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
By purchasing our Products or Courses, you agree to the following terms stated.
Telstar Events, Inc. agrees to provide digital product content. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their use of and participation in any of our products. Client understands and accepts that the Company clearly forbids account-sharing, authentication bypass, and impersonation.
We accept Visa, Mastercard, and PayPal as a form of payment. We accept most major credit and debit cards (Visa, Mastercard, American Express, Discover, Diners Club, and JCB), PayPal, Apple Pay, and Google Pay. In some cases, an offer may only allow a subset of these payment methods.
All prices listed are in US dollars (USD) unless otherwise specified.
By purchasing any product, you authorize Telstar Events, Inc. to instruct your payment method’s issuer to make payments from your account in accordance with this agreement.
Some offers may present an option to pay by a regular subscription or in installments.
If you choose to pay by monthly installments, your first payment will be charged the day you register. You authorize Telstar Events, Inc. to automatically charge to your payment method the amount specified at checkout every 30 days thereafter, until you have made the total number of payments stated at checkout.
Should an automatic installment or subscription payment fail, we may retry the charge periodically. We will alert you via email to any failed payments so you can address the cause of failure before the next charge attempt. If 3 or more charge attempts fail, we reserve the right to suspend your access to product content until you have fully paid your outstanding balance.
Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
Because there is no way to “return” downloads or digital information, all digital product sales are final unless a separate refund policy is displayed during checkout. If a refund policy is displayed, it pertains only to that sale.
Refund requests must be made in writing by emailing support[at]saratogaocean.com. To be considered, refund requests must be sent from the same email address provided during sale. We will process or refuse a refund request within 15 business days of receiving the request.
Refunds will ONLY be sent to the original payment method used for the sale, without exception.
We may refuse a refund request if we find evidence of fraud or violation of these terms, or if a Client has a pattern of refund abuse.
Installment or subscription payments made after the expiration of any stated refund period are not eligible for a refund.
You may need an account to access some parts of the Site, including purchased Product Content. You agree to provide accurate information, including a valid email address, when creating and maintaining your account. You are responsible for all use of your account and for keeping your password and login information confidential.
You may have the option to provide a username visible to other users of the Site. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not use another person’s account to access the Site or Product Content.
You may not share, transfer, or sell your account to another person, without specific written permission from us and the fulfillment of any terms or conditions we choose, at our sole discretion, to apply to the sharing or transference of your account.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download any of the Content to which you have properly paid for and have acquired permission, solely for your personal and non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Products developed by Telstar Events, Inc. are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by Telstar Events, Inc. Telstar Events, Inc makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by Telstar Events, Inc. and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any educational course acquisition, there is an inherent risk of loss of the investment and there is no guarantee that Client will reach their goals as a result of participation in products developed by Telstar Events, Inc. Telstar Events, Inc’s course education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Telstar Events, Inc assumes no responsibility for errors or omissions that may appear in any course materials.
Client understands Saratoga Ocean and Telstar Events, Inc, is not a lawyer, doctor, accountant, therapist, or psychotherapist. Clients understand their participation in this Course will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”)
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited,irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We reserve the right, but not the obligation, to:
Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Client agrees to use the Company’s services at their own risk and that the Course is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Courses are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releases”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Courses. 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, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Course. Company assumes no responsibility for errors or omissions that may appear in any of the course materials.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its courses, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client’s payment for the right to participate in Telstar Events, Inc Courses, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Telstar Events, Inc and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Courses are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Courses.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either the Client or for the Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Client may not assign this Agreement without express written consent of the Company.
The Company is committed to providing all Clients in the Product with a positive Product experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Product without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Product guidelines, is difficult to work with, impairs the participation of the other Participants in the Product or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction in the State of Virginia, United States of America for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: support[at]saratogaocean[dot]com. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.This Agreement constitutes and contains the entire Agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, Agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia, United States of America.
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