COSMIC ACADEMY OF ASTROLOGY TERMS OF SERVICE
Thank you for purchasing THE COSMIC ACADEMY OF ASTROLOGY (“Product”). By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear ("Product," “Course,” and/or “Program”), or by your continued access to this Program, you (“Client” and/or “Customer”) agree to be provided with products, programs, or services by Persephone Returns LLC (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:
Persephone Returns LLC] (“Company”) is a company that provides astrology services and online astrology education. Company has created the Cosmic Academy of Astrology ("Product") to educate Customer on how to make astrological interpretations in order to provide meaningful astrology readings and astrological consultations. The Product is a self-paced program designed to be completed in one calendar year including pre-recorded video lectures, a private Student Forum, and Live Group Q&A sessions.
2. TERM & TERMINATION
Term - This Term of this Agreement shall be two years from the date of initial purchase, with the exception of Sections 6 through 11, which shall survive the Term of this Agreement.
Termination - Client dissatisfaction with Company and/or Teacher’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Program, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing these Terms and Conditions.
The Company is not a lawyer, accountant, master of science in nutrition, certified personal trainer, public relations manager, social media manager, business operations manager, financial analyst, business executive, doctor, nurse practitioner, board certified physician, psychiatrist, psychologist, therapist, hypnotherapist, state licensed mental healthcare provider, employee, manager, physical therapist, or other licensed health care provider or agent of Customer or Customer’s business. Customer understands that the Program is created to help Customer learn new skills and assist Customer with finding his/her own direction. The Program may offer guidance regarding astrological interpretation related to health, finance or business decisions, but it is the responsibility of the Customer to make the final decision and choose the best option for his/herself.
Client understands that the Product has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of modern and traditional astrology practices. Through the Product, the Company might provide guidance regarding astrological interpretation, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself. By using Company’s services and purchasing this Product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.
Client hereby acknowledges that astrology and astrological education are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions.
Customer understands that Astrology is an ancient technical art that involves the interpretation of celestial omens. (hereinafter referred to as “Astrology”).
Customer also understands that the Product is not a substitute for medical and/or other health care. Customer hereby understands and agrees that Company is not “diagnosing” or “treating” the physical body, which falls under the jurisdiction and expertise of licensed medical health care providers. Customer also understands that “healing” as it relates to astrology, medical astrology, divination, energy work, or herbalism is different in the way it relates to medical or physical needs. Customer hereby acknowledges and agrees that they shall consult their health care provider and discuss any recommendations made by Company. From time to time, it is possible that energy that is relieved or moved during sessions may present itself in physical and/or emotional manners. Customer also agrees to immediately inform their health care provider of any illness, pain, or other mental distress and/or physical discomfort that occurs during or after Customer’s participation in the Program.
Customer also acknowledges and understands that the exact benefits and risks of Astrology are not fully known. As such, all methods used by Company are merely experimental and cannot promise to deliver specific results or achieve specific outcomes. Customer hereby assumes and accepts all risks associated with the Program described herein.
This Product does not include: 1) unlimited advice and feedback; 2) one-on tutoring or individualized tutoring; 3) individualized mentorship 4) procuring business or potential clients for Customer; 5) performing any business management services for Customer, such as accounting, operations, research, or development; 6) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 7) publicity, public relations and/or social media marketing services; 8) legal or financial advice; 9) introduction to Company’s professional network and business relationships.
Customer hereby acknowledges that Customer is solely responsible for the amount and type of income that Customer generates by implementing techniques and advice provided by Course. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Course will provide Customer with a lucrative business or the ability to provide fee-based astrological consulting services. Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies Company from any liability regarding said decision.
4. PROGRAM SPECIFICS
The Product includes four levels containing 45 modules, which include pre-recorded videos, presentation slides, workbooks, and/or other resources. The Product also includes live Question & Answer group calls to assist the Product customers as a group to better understand the techniques and strategies discussed in the modules. The Company also agrees to provide additional feedback in the form of a private Student Forum created exclusively for the Product Clients.
Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined exclusively by Company.
This Product may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined by Company. Access to this Product is currently through a third-party platform, Kajabi, LLC. (“Kajabi”). Company is not liable for any limitation of access to the Product caused by Kajabi.
(a) Lifetime Access. Company provides "Lifetime Access" to this Product. "Lifetime Access" refers to receiving online access for the lifetime of the availability of the Product. In the unlikely event that the Product is discontinued, you shall receive written notice via email at least thirty (30) days prior to the termination of the Product. Refunds will not be granted due to termination of lifetime access to the Product. Lifetime access does not guarantee access to live Question & Answer group calls, updates or bonuses added to the Product that were not present at the time of purchase or enrollment.
5. CLIENT’S RESPONSIBILITIES
- The Product has been developed for educational purposes only. The Company has established its proprietary Product in order to educate and inspire Customer to pursue his/her personal goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply completing the Program or using the Product.
Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Product by adhering to the following:
- Completion of all Product material, including assignments and worksheets;
- Thoughtful and meaningful participation in Question & Answer sessions;
- Utilization of the Product’s private Student Forum;
- Taking 100% responsibility for Customer’s results, 100% of the time.
(b) Community Guidelines - By participating in the Product and executing this Agreement, Customer hereby agrees to abide by all Company Product Community Guidelines, which are as follows:
You shall not use the Product or any Company server to transmit any data which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, hate-related, profane, obscene or offensive; (4) is pornographic or indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of the Services; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising (other than as a paid advertiser of the Services); (10) includes any type of spam, chain letter or non-employment related solicitation or advertising; (11) includes trade secrets, encrypted material, passwords or information on how to access password-protected material; (12) includes personally identifiable information regarding any person under 18 years of age, or (13) constitutes or promotes any form of intellectual property infringement, including, but not limited to copyright infringement.
(c)Zero Tolerance Policy - Company employs a Zero Tolerance policy inside the Product as it pertains to harassment of Company representatives and/or other students inside the Product.
“Harassment” shall include, but is not limited to, abusive language (ie. excessive cursing, threatening language, name-calling), volume of messages (ie. demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (ie. with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more.
If Customer or any other student harasess a Company member or other student inside the Product, Company will immediately remove the Customer or student from the Product with no money back. Whether or not a student is considered to harass another is at the sole interpretation of Company and will be a decision made based on the facts and evidence at-hand (ie. writings, emails, screenshots, etc.).
- PAYMENT & FEES
(a) Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Client selects at checkout.
(b) If Client selects a payment plan option, Client agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Client. All payments must be paid within one calendar year of the date of purchase, or else Company reserves the right to send Client to collections for any outstanding monies due and owed under this Agreement.
(c) Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
(d) If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Product.
(e) The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
(f) Late Fees - Company understands that, from time to time, there are issues with payment. All payments must be received by Company within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Program. Client shall still remain responsible to make all payments due and owing under this Agreement to Company in the event Client’s access to the Program is revoked.
7. REFUND POLICY
If for some reason you are not satisfied with the Product, and you’ve completed less than twenty percent (20%) of the Course, you may contact the Company within thirty (30) days of the date of initial purchase of the Product to receive a full refund.
No refunds will be given outside of our thirty (30) day refund window and there are no credits for partially used enrollment periods. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds provided after the thirty (30) day refund window has expired.
No refunds will be given if more than twenty percent (20%) of the Course has been completed. Due to the self-paced nature of this Product, there are no refunds provided if more than twenty percent (20%) of the Course has been shown to be “Complete” as displayed in the “Customer Progress” section of your user account in Kajabi.
8. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT
Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Coach is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
- Any systems, sequences, processes or steps shared with Customer;
- Any information disclosed in association with this Agreement;
- Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.
Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.
Non-Disparagement - Client agrees, during and/or after use of Product, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation.
9. INTELLECTUAL PROPERTY & LIMITED LICENSE
Intellectual Property - This Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Product is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
- Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
- Copying any of Company’s Product content and/or material for Customer’s commercial use;
- Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
10. INDEMNIFICATION / LIMITATION OF LIABILITY
Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in this Program or use of this Product, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product.
Access to this Product is currently through a third-party platform, Kajabi. Company is not liable for any limitation of access to the Product caused by Kajabi.
- Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
- Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
- Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
- All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
- Governing Law - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of Colorado.
- Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
- Maximum Damages - Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.
- Execution – Customer’s continued access to this Program, Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment or by Customer’s continued access to this Program.