Terms of Purchase

INTRODUCTION.
This agreement sets forth the terms and conditions of purchase of Services (“Product/Program/Book/Event/Masterclass/Session/Retreat”) with Kristina Haupenthal LLC (hereby referred to as the Company).

This agreement refers to these as the “Product or Program or Service” which may include but are not limited to:
- Course (“Course”)
- Offer (“Offer”)
- Program (“Program”)
- Masterclass (“Masterclass”)
- Session (“Session”)
- 1:1 Coaching (“Coaching”)
- 1:1 Mentorship (“Mentorship”)
- Retreat (“Retreat”)

In these terms and conditions, “We/us/our/(d/b/a)” means the Company. “You/your” means you as a user of the website, client, purchaser, and/or Services and/or Customer of the Product or Program or Service.

By placing your Order with the Company, by checking the “I agree to the terms and conditions” box, entering your payment information, and clicking “Check Out/Pay Now/Submit/Complete Order” or by using the Product or Program or Service, you agree to be bound by this Agreement.

If you do not agree with these terms, you should not sign this document or purchase a Product or Program or Service with the Company, and you should leave the Website and Service and discontinue use of the services immediately.

THIS IS NOT A SUBSTITUTE FOR THERAPY/MENTAL HEALTH SERVICES.

All content found on the https://kristhelioness.thrivecart.com, also referred to as your Member Library, and/or www.kristhelioness.de Website (hereby referred to Website or Websites), including: text, images, audio, Products, Programs, Services, courses, workbooks, masterclasses, or other formats were created for informational purposes only.

The content of the Website or any coaching, programs, or courses offered by the Company are not intended to be a substitute for professional therapy advice, diagnosis, or treatment. These Websites, programs, and services are not HIPAA secure. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional therapy or medical advice or delay in seeking it because of something you have read, viewed, or heard on this Website, coaching, or programs.

If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the Website, employees, contracted writers, or medical professionals presenting content for publication to the Company is solely at your own risk.

If you find these materials offensive, unsafe, or detrimental to your well-being, you may not want to use our Website or purchase programs. Purchases are made at your discretion and there are no refunds or exchanges.

Links to educational and resource content not created by the Company are taken at your own risk. The Company is not responsible for the claims of external websites and education companies.

The Services may include Telegram support, in-person Retreats, Embodiment Practices, Workshops and Ceremonies - these services are not HIPAA secure. The Company will also be available to any other social media outlet where it may be contacted. The Company and support staff will respond to all said contacts within 48 hours and 72 hours on the weekends. The Company is also available by email contact.

By purchasing a Product or Program or Service with us, you are agreeing to pay the full amount due. If you selected a Product or Program or Service with a Payment Plan, you agree to complete all payments within 7 calendar days of their due date. If payments are not made within 7 calendar days of their due date, your account will be suspended and you will be removed from the Service and may be restricted from any future purchases. Payments that have failed will be reattempted within that time window. On the 6th calendar day you will be given your final notice to submit a successful payment and you agree that if no payment is successful that your access to the Product or Program or Service will be suspended, revoked, or terminated. In case of a failed payment, there are no refunds of any prior payments made.

Participation in the Product or Program or Service is at your own risk. Due to the nature of delivery of the Product or Program or Service, you are agreeing to purchase and participate at your own choice and free will and understand that NO full or partial refunds will be given or returned.

PAYMENT POLICY.

Payment is required before beginning the Product or Program or Service either in full or in partial installments as outlined in your payment schedule. You agree to make full payment as outlined in your payment schedule within 7 calendar days of receiving an invoice. Failure to respond to email correspondence does not constitute withholding payment to the Company for the Product or Program or Service, as long as you agree to this Agreement.

Any overdue accounts are subject to a 10% finance charge per month. You understand that services may be suspended or terminated upon non-payment and your access to the Product or Program or Service may be suspended or revoked indefinitely. If your account is beyond 30-days overdue, the Company reserves the right to turn over the account to collections with outstanding interests and accrued costs incurred in order to engage a Debt Recovery Mercantile Agency or a Solicitor to attend engaged by the Company; in order to recover the outstanding amount due and payable. the Company reserves the right to charge you a fee of €25.00 upon the decline of a credit card that is being used to pay for solutions/services that were implemented or are managed by the Company.

You agree to pay the amount agreed and you may not cancel this transaction with your bank or Credit Card Company. The Company is not responsible for any overdraft charges, over-limit charges, or NSF fees charged by your bank or Credit Card Company. Fees or Services may be prepaid or by installment as outlined above. Failure to make the installment payment will result in the suspension OR termination of these services. the Company, does not make any representations or warranties as to specific outcomes or results.

EARNINGS DISCLAIMER.

When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we've taken every effort to ensure that we actually represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our site is a promise or guarantee to you of future earnings.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE ANY OF THE PRODUCT OR PROGRAM OR SERVICE IS AT YOUR SOLE RISK.

CONSTRUCTION.

This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Product or Program or Service or the Company including any set forth in this Agreement are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

BINDING EFFECT.

This Agreement shall be binding upon and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.

This agreement is active and legally binding upon electronic signature and/or checkbox via your IP Address.

DAMAGE WAIVER.
In no event shall the Company or its agents, be liable to you for any damages, whether direct, indirect, consequential, exemplary, punitive, or otherwise, arising out of any service provided or arranged by the Company. the Company shall not be liable for any error, omission, defect, or deficiency in any service or solution, which may result from, but is not exclusive to, your failure to provide complete, accurate, and current information to the Company.

INTELLECTUAL PROPERTY.
All materials and coaching provided to you as part of your Product or Program or Service which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of the Product or Program or Service or the Company. You may not re-use, perform, modify, broadcast, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of the Company. All trademarks, logos, and service marks displayed on any materials provided as part of your Product or Program or Service under this Agreement are protected by US and International copyright and intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of the Company.

You hereby agree and undertake to;
(1) not infringe any of the Company’s copyrights, patents, trademarks, trade secrets, or other intellectual property rights;
(2) that any Confidential Information shared by any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the Company;
(3) not to disclose such Confidential Information to any other person or use it in any manner other than in discussion with other Product or Program or Service participants during Product or Program or Service sessions unless you give written permission or participate in a group call or program where participation is up to your sole discretion;
(4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company, and may only be used by you as authorized by the Company; and
(5) the reproduction, distribution, and/or sale of these materials by anyone but the Company is strictly prohibited. You agree that if you violate any of your agreements contained in this paragraph, that irreparable harm may result, and the Company and/or the other Product or Program or Services participant(s) will be entitled to injunctive relief against you and you agree to indemnify and hold harmless the Company for any action taken against the Company due to your violation of any provision of the Agreement and/or your participation in any way in the Product or Program or Services. In any injunctive relief action, you agree to waive any bond requirements that would otherwise be imposed.


MODEL RELEASE.

By accepting these terms and completing your purchase, you agree to and understand that:

Photographs, screenshots, voice memos, voice recordings, videos, and written materials taken and presented by the Company may be used by the Company for the purpose of display, portfolio, advertising, website, or any other publication to promote the Company and the images, testimonials, and videos can be used without compensation to the agreeing party, client, purchaser. By purchasing and agreeing to these terms you agree to let the Company use your written testimonial, video, and/or photos (including screenshots) without notification as the Company desires.

WAIVER.

The waiver by any party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions

SEVERABILITY.

If any provision of this Agreement or any portion thereof is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

INDEMNITY.

You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, assistants, photographers, chefs, guest facilitators, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harms, costs and expenses, including legal fees and expenses or any other detriment incurred by you in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representation and warranties set forth above, or if any content that you post or publish while using the Services causes the Company to be liable to a third party.

ACT OF GOD.

Every effort will be made to carry out this contract, but should The Company be prevented or delayed in carrying out by reason of an Act of God, Pandemic, Epidemic, War, Lock outs, Fire, Flood, Delays in Transit, Strikes, Riots, Illness, Cyber-Attack or any other circumstances beyond its control, time of delivery shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will the company be liable for any loss or damage suffered as a result thereof. In the event of a dispute filed in court, the prevailing party shall be entitled to recover from the non-prevailing party all of the attorney’s fees and costs incurred during the litigation.

VOIDABILITY.

This Agreement cannot be voided by not accessing or using the Product or Program or Service or Websites where applicable or by not using the Product or Program or Service as delivered or in any other way deliberately attempting to avoid viewing or taking delivery of the Product or Program or Service as outlined. These actions will not void your Agreement or permit you the right to a refund.

CANCELLATION.

This agreement when agreed to is not subject to cancellation by either party except without a formal agreement for mutual rescission which must be signed by both parties.

DISCLAIMER OF GUARANTEE.

The Company has made every effort to accurately represent the program, service, mentorship and/or plan. Claims of actual earnings can be verified and examples of actual results can be provided, upon request. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. You acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and the Company makes no guarantee that you will earn any money as a result of your participation in this program, service, mentorship and/or plan. During the Term of Agreement and thereafter, you agree to take no action which is intended, or would reasonably be expected to harm the Company, its shareholders, officers, directors, agents, employees, contractors, or clients, including other Program participants, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company, its shareholders, officers, directors, agents, employees, contractors, or clients. You agree that the Company’s liability under this agreement is limited to the amount you have paid to the Company.

INTERPRETATION OF AGREEMENT TERMS.

In the event of default under this Agreement, The Company shall have the right to terminate this Agreement and to terminate the Product or Program or Service. You shall have no right to a refund of any kind and will be responsible for all costs and legal attorney fees incurred by The Company in connection with your breach of this Agreement.

You agree to hold The Company or its agents harmless from and against any and all claims and damages, expenses or liability that arise from or in connection with your content, or activities in connection to the Product or Program or Service, including but not limited to any legal attorney fees incurred by The Company will be at your own cost and expense, shall defend any and all actions, which may be brought by The Company your failure to perform under the terms of this paragraph shall be deemed a waiver of any and all claims, demands for remedies, or causes of action, including specific performance, which you might otherwise have against The Company or its agents.
The Company or its agents will not be liable for lost profits, lost opportunities, indirect, incidental, or consequential damages of the Client under any circumstance.

Any controversy or claim arising out of or related to this agreement, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, shall be submitted to final and binding arbitration. The arbitrator shall be selected by mutual agreement of the parties.

JURISDICTION CLAUSE.

This Agreement is formed in the USA, the principal place of business for the Company, and this Agreement and the rights of the Parties to this Agreement shall be governed by the laws of the USA. The parties to this agreement submit to the jurisdiction of the Courts in Austin, Texas and the laws from time to time in force in that province. The Company is registered to Kristina Haupenthal LLC, 5900 Balcones Drive STE 100, Austin, TX 78731 USA and can be reached at support@kristhelioness.com
No right or remedy conferred upon or reserved by The Company is intended, and shall not be deemed, to be exclusive of any other right or remedy provided or permitted herein, by law or by equity, but each right or remedy shall be cumulative of every other right or remedy.

DISPUTE RESOLUTION.
The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law. You will bear the sole responsibility of expenses, fees, including attorney fees, costs, and judgements. The Company will be allowed reimbursement from you for incurred expenses, fees, including attorney fees, costs, and judgements pertaining to any mediation, dispute, or judgements brought forth by this Agreement.

ENTIRE AGREEMENT.
This Agreement represents the entire understanding relating to the Product or Program or Service purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Product or Program or Services, are of no further force and effect. In order to participate in certain of the Product or Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the Program is revised over time. You may receive a copy of this Agreement at any time by emailing the Company and requesting a copy of your “Program Terms of Purchase”. You agree that no other representations have been made by the Company to induce you into entering into this agreement and no modification to the terms of this agreement shall be effective unless in writing signed by both parties.