Terms of Service

Last Updated: 11/16/24

Delivery of Digital Goods and Services

If you do not receive the digital product or link following your purchase, please email us at: [email protected]. Provide your transaction / payment details and we will troubleshoot the transaction to ensure your product or service is delivered as soon as possible.

We Reserve the Right to amend any product or service-related information, including but not limited to prices, technical specifications, terms of purchase, and product or service offerings without prior notice.

Kajabi Payments Terms

All purchases are made via the third-party Kajabi Payments gateway which uses SSL encryption for safe and secure handling of your data. More information about Kajabi Payments is available here: https://legal.kajabi.com/policies/kajabi-payments.

Kajabi Cookie Notice

The Site is hosted by and maintained on the Kajabi.com platform. Kajabi's Cookie Policy is therefore in effect while using this site: https://legal.kajabi.com/policies/cookie-notice. 

User Representation

By using the Site, you represent and warrant that:

1. All registration information you submit is true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

2. You maintain the accuracy of such information and promptly update such registration information, as necessary.

3. You have the legal capacity, and you agree to comply with these Terms of Service.

4. You are not under the age of 13. Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from anyone under the age of 13 without verification of parental consent, we will take steps to remove that information from our servers.

5. You are not a minor as defined in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

6. You do not access the Site through automated or non-human means, whether through a bot, script, or otherwise.

7. You do not use the Site for any illegal or unauthorized purpose.

8. Your use of the Site does not violate any applicable law or regulation.

User Registration

You may be required to register with the Site depending on the product or service purchased. You agree to keep your password confidential and to be responsible for the use of your account and password. 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.

Use of Our Site

The Site is provided on an AS-IS and AS-AVAILABLE basis. You agree that your use of the Site and our services is done so at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the use of our Site, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content, or the content of any websites linked to the Site, and we assume no liability or responsibility for:

1. Any errors, mistakes, or inaccuracies of content and materials.

2. Personal injury of any nature whatsoever, resulting from your access to and use of our Site.

3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.

4. Any interruption or cessation of transmission to or from the Site.

5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party.

6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content made available via the Site.

7. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, including but not limited to any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the one (1) month period prior to any cause of action arising. Certain United States, state, and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party, pursuant to disclaimers, policies, and Terms of Service provided on our Site.  

Intellectual Property Rights

Unless otherwise indicated, the Site is Sapphire Intuition’s 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, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. All Rights Reserved.

Copyright Materials & Digital Piracy

It is not permitted to share our copyright material without prior written consent. User accounts engaged in digital piracy may have their access privileges suspended and or terminated without refund, without prior notice, and this, at the sole discretion of Sapphire Intuition.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. In this regard, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, Sapphire Intuition, any officer or representative, and/or the Site.

5. Use any information obtained from the Site in order to harass, abuse, or harm another person.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the Site in a manner inconsistent with any applicable laws or regulations.

8. Use the Site to advertise or offer to sell goods and services.

9. Engage in unauthorized framing of or linking to the Site.

10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

12. Delete the copyright or other proprietary rights notice from any Content.

13. Attempt to impersonate another user or person or use the username of another user.

14. Sell or otherwise transfer your profile.

15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

22. Use a buying agent or purchasing agent to make purchases on the Site.

23. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

Site Management

We Reserve the Right, but not the obligation, monitor the Site for violations of these Terms of Service and take appropriate action, including legal action against anyone who, in our sole discretion, violates the law or these Terms of Service.

Privacy Policy

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site is hosted in the United States. If you access the Site from 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 agree 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.

Site Availability & Content Modifications

We Reserve the Right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also Reserve the Right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will always be available. We may experience a variety of software, hardware, or connectivity issues resulting in Site maintenance, interruptions, delays, or errors. We Reserve the Right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Content Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We Reserve the Right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Site, including Medical Disclaimer, and Refund Policy, or other Terms in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having presented them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law & Dispute Resolution

These Terms of Service are governed by and defined following respective laws of the United States and state of Pennsylvania. It is truly our intention that no matter of conflict shall arise from your use of our Site. In the event dispute resolution is required, it will be handled according to the then active, applicable, and legally recognized laws of the United States and state jurisdiction.

Term and Termination

These Terms of Service remain in full force and effect while you use the Site, without limitation. We Reserve the Right, in our sole discretion and without prior notice, to terminate Site access and/or delete your user account, for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we Reserve the Right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Contact Us

If you have questions about these policies, contact us at: [email protected].