Terms of Service
These Terms of Service govern your use of the website located at https://www.refinedreflections.com and any related services provided by Refined Reflections.
By accessing https://www.refinedreflections.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Refined Reflections.
We, Refined Reflections, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
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These Terms of Service were last updated on 5 January 2023.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website; remove any copyright or other proprietary notations from any materials and software on this website; transfer the materials to another person or “mirror” the materials on any other server; knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Refined Reflections provides; use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material; use this website or its associated services in violation of any applicable laws or regulations;
use this website in conjunction with sending unauthorized advertising or spam; harvest, collect, or gather user data without the user’s consent; or use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to Refined Reflections and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
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This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Refined Reflections at any time.
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User-Generated Content
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.
When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.
Liability
Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Refined Reflections makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
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In no event shall Refined Reflections or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Refined Reflections or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
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In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated
loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. Refined Reflections does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Links
Refined Reflections has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Refined Reflections of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Houston, TX. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
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*When you purchase digital products from Refined Reflection's Store:
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This Agreement (“Agreement”) is made effective by and between Refined Reflections (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product from our Company’s online store (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout, or by submitting payment for the Product.
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1. Digital Product
Thank you for your interest in our digital products. Please be aware that any digital product from our store is the property of Refined Reflections. We are confident in the quality of our products and appreciate your business.
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2. Digital Product Usage
After purchasing the digital product, Client will be given access to the product materials within [48 hours] through our store download, delivered in his/her email, or available online options. Client will have lifetime access to the materials so long as the product(s) is/are available.
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Company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. Company does not authorize the Client to resell, rebrand, or redistribute this digital product. In the event Company suspects that the Product is being shared or sold to another party, Company reserves the right to immediately terminate Client’s access to the Product, or take legal action against the Client for improper usage. Client may use the Product for his/her own personal use and business use and may not modify the language as he/she sees fit.
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3. Fees & Payment Processing
In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
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4. Refund Policy
Due to the nature of digital products being immediately downloaded and accessible upon purchasing, no refunds of any fees, or other amounts paid by Client in connection with the Product will be allowed under any circumstances. “All digital product sales are final and no refunds will be issued.”
5. Personal Information
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By purchasing the Product, Client may be asked to provide personal information including his/her name, email address, mailing, phone number, and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
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The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
6. Warranties and Liability
Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
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Under no circumstances will the product creator, programmer or any of the distributors of this product, or any distributors, be liable to any party for any direct, indirect, punitive, special, incidental, or other consequential damages arising directly or indirectly from the use of this product. The product is provided “as is” and without warranties.
Use of this product indicates your acceptance of the “No Liability” policy. If you do not agree with our “No Liability” policy, then you are not permitted to use or distribute this product (if applicable.)
Failure to read this notice in its entirety does not void your agreement to this policy should you decide to use this product.
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Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The liability for damages, regardless of the form of the action, shall not exceed the actual fee paid for the product.
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7. Force Majeure
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If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
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8. Guarantees
Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.
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9. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that:
â–ª Every client and final result using the Product is different; â–ª The Product is intended for a mass audience.
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10. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
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11. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Houston, Texas, unless another location is mutually agreed to by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
12. Transfer
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This agreement cannot be transferred or assigned to any third party without written consent of both parties.
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13. Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.