Terms & Conditions
EFFECTIVE: May 4, 2023
Overview.
Welcome to Starheal LLC ("Starheal", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, www.starheal.com (the "Site"), and our online video courses, resources, and services (collectively, the "Services"), provided by Starheal LLC.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access or use our Services.
SECTION 1 – ELIGIBILITY
By using our Services, you represent and warrant that you are at least 18 years old or have the consent of a parent or guardian, and that you have the legal capacity to enter into and be bound by these Terms. If you are under the age of 18, you must have your parent or guardian's permission to use our Services and to accept these Terms.
SECTION 2 – ACCOUNT REGISTRATION
To access certain features of our Services, you may be required to create an account. When creating an account, you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account.
SECTION 3 - FEES AND PAYMENT
Some of our Services may require payment. By purchasing our Services, you agree to pay the applicable fees and charges, as well as any applicable taxes, in accordance with the billing terms and policies in effect at the time the fee or charge becomes payable.
SECTION 4 - LICENSE GRANT
Subject to these Terms and any applicable payment, Starheal grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use.
SECTION 5 - INTELLECTUAL PROPERTY
All content and materials provided on the Site and through our Services, including but not limited to text, graphics, logos, images, videos, and software, are the property of Starheal or its content suppliers and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use any content or materials for any public or commercial purpose without the express written consent of Starheal.
SECTION 6 – USER CONDUCT
You agree to use our Services in a manner that complies with all applicable laws and regulations. You also agree not to:
Use our Services for any unlawful purpose or to engage in any conduct that is harmful or disruptive to our Services or other users;
Access or use our Services in a way that infringes on the intellectual property rights of Starheal or any third party;
Share, distribute, or otherwise make available any content or materials obtained through our Services in a manner that violates these Terms or any applicable law or regulation.
SECTION 7 – TERMINATION
We may, in our sole discretion, terminate or suspend your access to our Services, without notice, for any reason, including but not limited to your breach of these Terms. Upon termination, you will no longer have access to our Services and all licenses granted to you under these Terms will immediately cease.
SECTION 8 - DISCLAIMERS
Our Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Services or the information, content, or materials included therein. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
SECTION 9 – LIMITATIONS OF LIABILITY
In no event shall Starheal, its officers, directors, employees, or agents, be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, goodwill, use, data, or other intangible losses, resulting from:
Your access to or use of, or inability to access or use, our Services;
Any conduct or content of any third party on our Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
Any content obtained from or through our Services; or
Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
SECTION 10 – INDEMNIFICATIONS
You agree to defend, indemnify, and hold harmless Starheal, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
Your use of and access to our Services;
Your violation of any term of these Terms;
Your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; or
Any claim that your use of our Services caused damage to a third party.
This defense and indemnification obligation will survive these Terms and your use of our Services.
SECTION 11 - GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State in which Starheal LLC is registered, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that State for the resolution of any disputes arising out of or relating to these Terms or your use of our Services.
SECTION 12 - CHANGES TO TERMS
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our Site. Your continued use of our Services following the posting of any changes to these Terms constitutes your acceptance of those changes.
SECTION 13 - CONTACT INFORMATION
If you have any questions or concerns about these Terms or our Services, please contact us at hello@starheal.com
SECTION 14 - ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Starheal concerning your use of our Services and supersede any prior agreements, representations, or understandings between you and Starheal with respect to the subject matter hereof.
SECTION 15 - SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the remaining provisions of these Terms, which shall remain in full force and effect.
SECTION 16 - WAIVER
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and Starheal's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
SECTION 17 - ASSIGNMENT
You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Starheal. Starheal may assign its rights and obligations under these Terms without restriction.
SECTION 18 - FORCE MAJEURE
Starheal shall not be liable for any delay or failure to perform any obligation under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, or interruptions in internet or telecommunications services.
SECTION 19 - THIRD-PARTY WEBSITES
Our Services may contain links to third-party websites or services that are not owned or controlled by Starheal. Starheal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Starheal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such websites or services.
SECTION 20 - PRIVACY
Please review our Privacy Policy, which is incorporated into these Terms by reference, to understand how we collect, use, and protect your personal information when you use our Services.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by the terms of our Privacy Policy.
SECTION 21 - FEEDBACK AND SUGGESTIONS
We welcome and appreciate any feedback, suggestions, or ideas you may have regarding our Services. By submitting any feedback or suggestions, you agree that your submissions are voluntary, gratuitous, and without any expectation of compensation or confidentiality. You also agree that Starheal is free to use, disclose, reproduce, license, or otherwise distribute and exploit your submissions as it sees fit, without any obligation or restriction of any kind.
SECTION 22 - DIGITAL MILLENIUM COPYRIGHT ACT
If you believe that any content on our Site or Services infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
Information reasonably sufficient to permit Starheal to locate the material;
Your contact information, such as an address, telephone number, and email address;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SECTION 23 - NOTICES
All notices or other communications required or permitted by these Terms shall be in writing and shall be deemed given when delivered personally or by email to the parties at the email addresses provided during registration or as updated in your account settings.
SECTION 24 - HEADINGS
The section headings in these Terms are for convenience only and have no legal or contractual effect.
SECTION 25 - NO PARTNERSHIP OR AGENCY
Nothing in these Terms shall be construed as creating a partnership, joint venture, or agency relationship between you and Starheal. Neither party has the authority to bind the other party in any way, and neither party shall be deemed to be the agent of the other party.
SECTION 26 - NO THIRD-PARTY BENEFICIARIES
Except as expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
SECTION 27 - SURVIVAL
Any provisions of these Terms that by their nature should survive termination or expiration of these Terms, including but not limited to, provisions regarding intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law, shall survive such termination or expiration.
SECTION 28 - LANGUAGE
These Terms are written in English. Any translated version is provided for your convenience only, and in the event of any conflict between the English version and the translated version, the English version shall prevail.
SECTION 29 - EQUITABLE RELIEF
You acknowledge and agree that a breach or threatened breach of any provision of these Terms may cause irreparable harm for which damages would be an inadequate remedy, and that Starheal shall be entitled to seek equitable relief, including injunctions and specific performance, in addition to any other remedy available at law or in equity
SECTION 30 - EXPORT COMPLIANCE
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and the trade and economic sanctions maintained by the U.S. Department of Treasury's Office of Foreign Assets Control. You represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any U.S. Government list of prohibited or restricted parties.
SECTION 31 - DISPUTE RESOLUTION
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by a recognized arbitration body under its rules. The seat, or legal place, of arbitration shall be in the state where Starheal LLC is registered. The language of the arbitration shall be English.
SECTION 32 - CLASS ACTION WAIVER
You agree that any arbitration or proceeding under these Terms shall be conducted on an individual basis and that you shall not participate in any class action, class-wide arbitration, claims brought in a representative capacity or consolidated claims involving another person's account.
SECTION 33 - NON-DISPARAGEMENT
You agree that you will not engage in any conduct or make any communication, public or private, that is likely to harm the reputation of Starheal, its officers, directors, employees, or agents, or that is likely to discourage others from purchasing or using our Services.
SECTION 34 - ACKNOWLEDGMENT
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, and that you have the authority to enter into these Terms on your own behalf or on behalf of the entity that you represent.