Terms

TERMS OF USE

THE STELLAR TEACHER READING MEMBERSHIP

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer”) agree to be provided with products, programs, or services as part of your enrollment in  The Stellar Teacher Reading Membership (“Membership”) operated by The Stellar Teacher Co. LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:

TERMS OF MEMBERSHIP

 

  1. SERVICES. Upon purchase of enrollment in the Membership and execution of this Agreement, Customer will be provided with the following content and/or services as detailed on https://the-stellar-teacher-company.mykajabi.com/products/the-stellar-teacher-reading-membership (“Website”) and selected prior to purchase. 
    1. Any written and pictorial content including downloadable resources/modules, pictures, icons, fonts, logos, and instructions
    2. Any audio and video recordings of any format both streaming and downloadable
    3. Any interactive digital content
    4. Stellar Teacher Reading Membership Facebook group
    5. Any written, phone, email, video, audio, or any other type of communication by the Company that is related to the teaching and curriculum nature of the Membership.
    1. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
    2. The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on the Website as part of the Membership.
    3. The Company reserves the right to substitute the Services with others equal to or comparable if reasonably required by the prevailing circumstances.
    4. The Company may from time to time offer extra Services to Customer for an additional fee. 
  2. ACCESS. Customer will have access to the Website according to the following:
    1. Lifetime membership purchasers – Upon purchase Customer will be enrolled in the Membership and will be granted access to the Website and the Services for the duration of the Membership and/or the Website subject to the stipulations herein. Customer will maintain member status with stated access to the Website and the Services for the duration of their life.
    2. Monthly membership purchasers – Upon purchase Customer will be enrolled in the Membership and will be granted access to the Website and the Services for the duration of the Membership and/or the Website subject to the stipulations herein. Customer will maintain member status with stated access to the Website and the Services on a monthly basis contingent upon providing the Company monthly payment according to the Agreement.
  3. USEAGE. Customer understands, acknowledges, and agrees that the use of the Services of the Membership is granted solely for the Customer and the Customer’s single classroom.  
    1. Customer understands that all content and services provided through enrollment in the membership is the copyright of Sara Marye, The Stellar Teacher Co. LLC. All Rights Reserved.
    2. Customer agrees that all Services of the Membership are provided for personal/non-commercial purposes and are for sole use by and possession of the Customer.  
    3. Copying any of the Services of the Membership for use by anyone other than the Customer product for other teachers, your department, your school, your district, or your friends is prohibited. And constitutes a violation of this agreement.  
    4. Customer acknowledges that no Services of the Membership may uploaded to school/district servers, uploaded to any website or server, distributed via e-mail, shared via digital or print copies including to file sharing sites.
    5. Customer does not have permission or authority to claim any Services of the Membership in part or whole as their own, to copy, or modify them.
    6. Customer may not share or sell anything acquired through enrollment in the Membership. 
  4. PAYMENT. Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website and detailed herein:
    1. Annual membership purchase:  Customer will be billed agreed upon fee on an annual basis. Customer will be charged payment according to their selected payment plan, at which time the payment will be automatically debited via the account information included upon purchase.
    2. Monthly membership purchase: Customer will be billed an agreed upon fee on a monthly basis. Customer will be charged payment according to their selected payment plan, at which time the payment will be automatically debited via the account information included upon purchase.
    3. Credit Card/PayPal Authorization.  Each party hereto acknowledges that Company will charge the credit card or PayPal account given by the Customer on the dates and for the amounts specified upon purchase and as included in this Agreement.
  5. CANCELLATIONS. Customer has the option to cancel their membership at any time. Cancellation will take effect the following billing cycle.
    1. In the event the Customer fails to make any of the payments as outlined above, Company has the right to immediately disallow services and benefits of the Membership and cancel the Membership.
    2. At any point, and for any reason the Company maintains the right to terminate the Membership and/or the Website and will provide Customer with written notice via email registered by the Customer at the time of purchase or updated during the course of the Customer’s enrollment in the Membership.
    3. The Company maintains the right to terminate a Customer’s enrollment in the Membership  and access to the Website and will provide Customer with written notice via the email address registered at the time of purchase or updated during the course of the Customer’s enrollment in the Membership. Company
  6. REFUNDS: All sales are considered final and no refunds will be provided.
    1. Company reserves the right to make exceptions to the no-refund policy where reasonable and solely at the Company’s discretion.
  7. COMPETITION. Customer certifies that at the time of purchase they have no commercial conflict of interest with the Company and/or Membership and do not engage in any form of business either for-profit or not-for-profit that offers similar products or services to that of the Company and/or Membership.
    1. Customer agrees that if at any time in the future the Customer becomes engaged with a competing entity via proprietorship both full or partial or employment in a not -for -profit or for-profit, Customer will notify the company in writing via email of the conflict and withdrawal/cancel their enrollment in the membership.
    2. The Customer agrees that the Company has sole discretion to disallow services and cancel enrollment of Customer should they be observed or suspected to be in violation of section 6. 
  8. DISCLAIMER.  By participating in the Membership, Customer acknowledges that the Company makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership.  By participating in this Membership, the Customer acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Customer may suffer by relying on modules, content, guest speakers, videos, services, or products.
    1. Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. Customer acknowledges that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or Services.
    2. The Company may provide the Customer with information relating to products that the Company believes might benefit the Customer. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may be involved in affiliate relationships with certain third parties for such recommendations and will inform Customer when this is the case. Customer agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Customer.
  9. RELEASE. Customer agrees that the Company may use any written statements, images, audio recordings or video recordings of Customer obtained while enrolled in the Membership. This includes any content Customer may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in the Membership.
    1. Customer waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Customer waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Customer, their heirs, representatives, executors, administrators, or any other persons acting on Customer’s behalf or on behalf of the Customer estates have or may have by reason of this authorization.
  10. INTELLECTUAL PROPERTY RIGHTS.  In respect of the Material specifically created for the Customer as part of this Membership, including modules, audio recording, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement.
    1. Customer may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website or Membership, content or intellectual property, in whole or in part without our prior written consent.  Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
  11. DISCLAIMER OF WARRANTIES. The Services provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
  12. LIMITATION OF LIABILITY.  By using the Company’s Services and purchasing this Membership, Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Customer agrees that the 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 the Membership. Customer agrees that use of this Membership is at user’s own risk.
  13. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in HOUSTON, TX or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
  14. SEVERABLITY. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
  15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas within the United States of America, regardless of the conflict of laws principles thereof.
  16. NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to [email protected]
  17. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

Last Updated: March 1, 2020

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