TERMS AND CONDITIONS
Effective date: October 1st, 2022
By accessing or using any part of the website, you agree to be bound by the following Terms of Service. Please read them carefully before using this website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
1.0 INTRODUCTION
This website is owned and operated by Salina Moore and Radical 32 LLC. Throughout the site, the terms “I”, “we”, “us” and “our” refer to the aforementioned (Salina Moore / Radical 32 LLC). By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. The Terms and Conditions contained on this page are subject to change at any time.
Any new features, offers, services or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2.0 GENERAL PROVISIONS
These terms and conditions set out the terms and conditions between you, the customer, and Salina Moore & Radical 32 LLC (“I”, “us”, “we”), governing the use of our website and our downloadable digital recordings, access to courses, services, consulting, and any and all content, including the content therein (the “products”) and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. Your use of this website, and purchase, download, access and use of any products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use this website or purchase or use any of its products. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New York.
3.0 LICENSE AND USE
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicenseable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
4.0 INTELLECTUAL PROPERTY
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
You agree that all work created by Salina Moore / Radical 32 LLC, solely or in collaboration with others in the course of performing services, shall automatically be the sole property of the aforementioned upon their creation or (in the case of copyrightable works) fixation in a tangible medium of expression and the aforementioned shall own all rights, including all proprietary and intellectual property rights, title and interest. The content in all programs and services is for the sole purpose of your education and self-development within a personal, public, professional or business environment. Intellectual property rights includes, but is not limited to, any domain names, program, company names, patents, copyrights, trademarks, trade names, know-how, concepts, ideas, discoveries, processes, developments, suggestions, materials, improvements, work of authorship, artwork, software, documentation, intellectual property, rights in other tangible and intangible assets of proprietary nature, and the like. Salina Moore / Radical 32 will own on all the work product described above, the copyright, the right to register and renew the copyright, the right of first publication, the reproduction right, the performance right, and all other rights provided by the United States Copyright Act.
5.0 CONFIDENTIALITY
You shall preserve in strict confidence all confidential, sensitive, or proprietary information of Salina Moore / Radical 32 LLC or received from the aforementioned, whether or not marked «proprietary» or «confidential», and whether oral or written. Confidential Information shall not include information that you can demonstrate by written evidence was publicly available at the time of disclosure or was independently developed by you without reference to confidential information. You will not (i) disclose or cause to be disclosed at any time any confidential information obtained from Salina Moore or Radical 32 LLC, or (ii) use or cause to be used any of such confidential information for any purpose, except as required in the performance of the program or services. You hereby represent, warrant and covenant that you shall maintain physical, electronic and procedural safeguards designed to (1) insure the security, integrity and confidentiality of all confidential information, (2) protect against any anticipated threats or hazards to the security, integrity or confidentiality of confidential information, and (3) protect against unauthorized access to or use or disclosure of confidential information.
6.0 REFUNDS AND CHARGEBACKS
Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back.
As detailed herein, due to the nature of the content, unless otherwise stated, all services and programs purchased are 100% non-refundable. In certain circumstances, partial refunds or credit toward other services may be allowed as an exception, if requested in writing within 14 days of purchase, and subject to approval at our reasonable discretion. Refund fees for payment processing may be applied during such scenarios.
You are responsible to pay the full amount of the price you originally agreed to pay for any service or program you purchase, regardless if you leave the program, do not complete it in the time-frame provided, or don't use the container at all or for whatever other purpose set out in the present terms and conditions.
If you are purchasing on a payment plan, and you choose to terminate your agreement before your payment plan has completed, you will be responsible for paying the difference of the original full price for each program or service that has taken place since you registered. The customer will only be responsible for the full payment of services rendered and courses offered during their time in the program.
By accepting the terms of this agreement, you agree to never dispute any charges already paid, no matter the payment vehicle. (Example: Paypal, Stripe, bank transfer, etc.) Any purchase made may, in certain circumstances, be transferable to another course or service, or as a credit to use toward the purchase of other programs, services, or offerings.
7.0 MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We reserve the right to alter any of our prices from time to time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
8.0 ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
9.0 OPTIONAL TOOLS AND THIRD-PARTY VENDORS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Under no circumstances will we be responsible for any such claims.
10.0 PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11.0 WARRANTIES AND LIABILITY
We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide 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. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any 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.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. All content on the website as well as any services provided are intended for professional use or business related use. Semiotic Apotheosis does not guarantee any benefits, profits, any performance benefits or any other results. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. The aforementioned cannot and does not give any guarantees on results or earnings with our information, courses, programs, masterminds, consulting, coaching, plans, tools, or strategies. You recognize and agree that no one has made any promises, implications, warranties, suggestions, projections, representations or guarantees whatsoever to you about future results or earnings, or that you will earn any money, with respect to your purchase of Semiotic Apotheosis programs, courses, trainings, masterclasses, consulting or coaching, and that we have not authorized any such implication, promise, or representation by others. There are no guarantees of results or future earnings.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is"; and "as available"; for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Salina Moore, Radical 32 LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12.0 INDEMNIFICATION
You agree to indemnify, defend and hold harmless Salina Moore, Radical 32 LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13.0 SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
14.0 TERMINATION FOR CAUSE
Salina Moore and/or Radical 32 LLC may, by written notice to you, terminate any programs or services, or any part thereof, if you breach any of the terms and conditions or any agreement. By ways of example, (a) failure by you to make timely, complete and conforming payment according to the program of service you purchased, or (b) breach of the representations or warranties set forth in these terms and conditions or any other agreement, shall entitle Salina Moore / Radical 32 LLC to terminate its business relation with you. If any agreement is terminated for cause, the aforementioned shall have no payment obligation to you. Moreover, there will be no reimbursement of payments you have already made and, in the event a payment plan was agreed upon, you will remain liable for the full payment.
15.0 ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
16.0 CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
17.0 CONTACT INFORMATION
Questions about the Terms of Service may be sent to us at:
salina@salinamoore.com
Last Updated: June 4th, 2024