Terms for the Voice: Authentic Media Expert ProgramTM – Dated August 13, 2013.
Creative Catapult, LLC (“we,” “us” or “CC”) offers the Voice: Authentic Media Expert ProgramTM to you the user (“You”) as a service product available through our website(s) (Http://AuthenticVoiceMedia.com (“Site”) subject to these Terms and Conditions (“Terms”). Unless expressly stated otherwise, these Terms shall apply to your use of the Authentic Voice Media Expert ProgramTM through the Site and/or any other service, application, software, plug-in, component, functionality or program created or made available by us.
These Terms, as well as any and all Agreements referenced and incorporated herein, shall form a binding contract between You and CC. By registering for the Authentic Media Expert ProgramTM, You indicate, represent and warrant that you have read and assent to these Terms and that you have the legal capacity to do so.
Description of Services
CC offers the Voice: Authentic Media Expert ProgramTM service product to You (the “Product”) to assist You in the strategic development of your public image and public relations. The Product shall collectively or individually, as context may require, refer to all goods and services, including scripts, worksheets, video, and other media, as well as consultation services, web development services, and media placement services rendered by CC to You as part of the Voice: Authentic Media Expert ProgramTM
Formerly titled the Instant Celebrity Success SystemTM. You acknowledge and agree that purchase of the Product entitles You to use of the Product for one (1) year from the date of purchase. Additional limitations apply, as provided below.
The Product may be based, in part, on services, products, and/or permissions from third parties. You understand and agree that in the event these third parties cease operations, withdraw permissions, or otherwise modify their commercial offerings, that the Product may no longer function as originally intended, designed or marketed. You further understand and agree that these circumstances are beyond CC’s control and CC will not be held responsible. You further understand and agree that such unforeseen events may not serve as the basis for any refunds.
All dates and times pertaining to events and consultation services detailed on the Site are subject to change.
Both You and CC acknowledge and agree that in designing, marketing, and/or rendering the Product, CC makes no guarantees as to the effectiveness of the Product or the results to be generated thereby.
Before using the Product, Users will be asked to register an account through the Site (“User Account”). In order to register for a User Account, You will be asked to provide personal information (“Personal Information”), including but not limited to your name, your contact information, and some additional details. Further, transactions may be conducted over the Site by credit card only through a third party provider. As such, You will be asked to provide your credit card information.
You agree that the information You provide during registration, including but not limited to the Personal Information, is true and accurate. You agree that You alone will be using your User Account and that You will not permit any other individual, CC, or other entity to use your User Account or the Product.
Payments, Deposits and Refund Policy
You agree to make all payments due from You to CC in a timely fashion. Initial payment includes a ninety seven dollar ($97.00) non-refundable deposit. As part of CC’s “30 Day Money Back Guarantee”, You will have thirty (30) days from the date of purchase to request a refund, which will constitute to total valued paid at the time the request is submitted minus the deposit. The refund request must be submitted in writing and must be mailed to:
If a Physical Product is mailed, the entire product must be returned to the address listed below to be eligible f r a refund.
Creative Catapult, LLC
6614 Clayton Road #387
St. Louis, MO 63117
All requests must be postmarked within the thirty (30) day period from the date of purchase. All requests postmarked within the thirty (30) day period from the date of purchase will be processed within eight (8) to ten (10) weeks from the date of receipt.
All requests postmarked and/or submitted after thirty (30) days will not be processed. You acknowledge and agree that You will not be entitled to any refunds after the initial thirty (30) day period.
You agree that you will use the Product in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not agree to, and shall not authorize or encourage any third party to use the Product to harass other Users, prevent others from using the Product, or use the Product for any fraudulent, illegal or inappropriate purpose. Without limiting the foregoing, You agree abide by the following guidelines:
1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes the Site, computer systems and network, or the Product.
2. You may not attempt to interfere with any other person's use of the Site or Product, except as specifically provided herein.
3. You may not misrepresent Your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks related to the Site or Product without authorization.
5. You may not attempt to obtain any data through any means from the Site or Product, except if we intend to provide or make it available to You.
8. You may not use the Site to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
9. You may not use the Site or Product for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (including without limitation the rights of privacy and publicity) of others.
10. You may not use the Site or Product to send or otherwise make available, any material protected by intellectual property laws unless You own or control the rights to such material or have received all necessary consents.
11. You may not use the Site or Product to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property.
12. You may not use the Site or Product to violate any code of conduct or other guidelines which may be applicable to the Service or the Site.
13. You may not use the Site or Product to harvest or otherwise collect information about others, including e-mail addresses.
14. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by CC in connection with the Site or Product.
15. You must make timely payment of all amounts due from You to CC.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of CC. CC reserves the right, but shall have no obligation, to investigate Your use of the Site or Product in order to determine whether a violation of the Terms has occurred or whether your use complies with any applicable law, regulation, legal process or governmental request. Without limitation, CC reserves the right to terminate Your access to and use of the Product, if, in our view, Your conduct fails to meet any of the above guidelines for User conduct. Upon termination of Your access to and use of the Product CC may, in its complete discretion, retain or remove all or any part of the content posted by You to the Site.
Refusal of Product; Termination; Suspension.
CC reserves the right in its sole discretion to refuse, suspend, or terminate the Product to anyone at any time without notice for any reason. If your Account is terminated, You may only be entitled to a pro-rated cash value of Product(s) paid for but not yet rendered, at the sole discretion of CC. For more information, please see “Damages,” below. Any and all questions related to the suspension or termination of Your Account should be directed to firstname.lastname@example.org.
The Product is made available to You for your individual use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Product. You are responsible for maintaining the confidentiality of your Product password and User Account, and are responsible for all activities that occur thereunder. You may only use the Product for your own individual use, and shall not permit the use of the Product through your User Account by other parties. You may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any part of the Product, without the prior written permission of CC. All rights reserved. If you believe that your work has been copied and posted in the Site in any way that constitutes copyright infringement, please provide our Copyright Agent with a Notice of Copyright Infringement as directed in our DMCA Notice Policy, below.
User Representations and Warranties
You represent and warrant that (a) all of the information provided by You to participate in the Products is correct, accurate and current; (b) You are at least 18 years of age; and (c) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder.
Users of the Site may view information, communications, software, photos, video, graphics, music, sounds, message boards, chat, and other original content, material and services (“Content”). You acknowledge and agree that all Content presented to You on the Site is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
The source of the Content may vary between Users and CC. To the extent that Content originates from CC, such Content is the sole property of CC. You are only permitted to use Content from CC as expressly permitted by us. Except for a single copy made for personal use only, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute documents or information from the Site in any form or by any means without prior written permission from us. You are solely responsible for obtaining permission before reusing any Content that is available on the Site.
To the extent that Content originates from a User, such Content is the sole property of that User. Your use of Service Partner Content is subject to these Terms as well as additional terms and conditions by the User, as applicable.
Any unauthorized use of the Content appearing on the Site may violate copyright, trademark, and/or other applicable laws and could result in criminal or civil penalties. Neither we nor the Users warrant or represent that Your use of Content displayed on or obtained through the Site will not infringe the rights of third parties.
CC does not represent that the Product is reliable, accurate, complete, or otherwise valid. No oral or written information or advice given by CC shall create a warranty or in any way increase the scope of CC’s warranty, and You may not rely on such information or advice to do so. Further, the performance experienced by the User comments or testimonials on the Site or Product is not what You should expect to experience. Although CC accepts the comments and testimonials in good faith, CC has not independently verified any specific figures or results quoted therein. These results are not typical, and your income or results, if any, will vary and there is a risk You will not make any money at all.
THE PRODUCT IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE PRODUCT AT YOUR OWN RISK. CC EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR PRODUCT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
CC’s entire liability, and Your exclusive remedy, may be a refund of the pro-rated price paid or replacement of our products, at our option. All remedies are limited to the United States. UNDER NO CIRCUMSTANCES WILL CC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PRODUCT WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL CC BE LIABLE TO YOU FOR ANY AMOUNT FOR PRODUCTS RENDERED PURSUANT TO THIS AGREEMENT.
You agree to hold harmless and indemnify CC, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to Your use of the Product, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees of every kind and nature.
To the maximum extent permitted by applicable law, You hereby release, and waive all claims against CC and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with Your use of the Product.
Modifications to the Terms
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You can find the most recent version of these Terms at [LINK], with the date of last modification noted above. Therefore, we encourage You to check the date of our Terms whenever You visit the Site to check if they have been updated. Users should also review these Terms on a regular basis to keep themselves apprised of any changes. If You do not agree to the revised Terms, Your sole recourse is to immediately stop all use of the Site and Product. Your continued use of the Site and/or Product following the posting of modifications will constitute Your acceptance of the revised Terms. Following the posting of modifications, such modifications shall become effective immediately upon Your continued use of the Site and/or Product. Should You have any questions regarding the use of our Site or Product, please contact us at email@example.com.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
The failure of CC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Choice of Law; Jurisdiction
This agreement shall be interpreted in accordance with the laws of the State of Missouri. By using the Product, You acknowledge and agree that any disputes arising out of or relating to these Terms, as well as all agreements referenced and incorporated herein, shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Missouri.
This Agreement constitutes the entire agreement between CC and You with respect to the subject matter hereof.
If you have any questions or comments about these Terms or the Product, please contact us at firstname.lastname@example.org