ACCEPTANCE OF TERMS
All user-supplied information, articles, materials, files, communications, and documents are referred to collectively as “User Content.” “STAR POWER Content” means all Materials provided by STAR POWER Systems. User Content, and STAR POWER Content may have different restrictions and conditions associated with them.
TYPES OF USERS
This website accommodates two types of users: (1) Site visitors who wish to view agent profiles or browse products and other materials and services offered through the Site. Site users will also be permitted to submit limited questions and comments to the Site forum and blog. (2) This Site also accommodates Members who pay a membership fee in exchange for privileges on the Site. Please be aware that certain activities on this Site, including the creation and maintenance of profiles and the free access to forum and blog postings, may be limited to Members. Members may be required to create a profile and provide certain information, such as an email address.
The terms and conditions expressed in this agreement apply to all users and visitors of this Site.
Members: If you are a member, your membership subscription is effective for the period of one month and continues upon your payment of the monthly membership fee. Renewal fees for your membership will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, on the recurring day of each successive membership term, until you cancel your membership. This will be done without prior notice to you. Should you choose to cancel your membership for any reason before expiration of the membership term for which you have paid, you may cancel your membership and terminate further billing by calling 877-707-8277. In no event will you be eligible for a prorated refund of any portion of your paid membership fee. STAR POWER reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Materials and Services offered by STAR POWER, this Site may also make available materials, information, and services provided by third parties, including Member agents who advertise their services on the Site (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. STAR POWER offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by STAR POWER. You agree that you will not hold STAR POWER responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the STAR POWER Content and User Content available on this Site subject to the following conditions:
1. The STAR POWER Content and User Content may be used solely for personal, informational, and internal purposes.
2. The STAR POWER Content and User Content may not be modified or altered in any way.
3. The STAR POWER Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the STAR POWER Content and User Content.
5. STAR POWER reserves the right to revoke the authorization to view, download, and print the STAR POWER Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from STAR POWER.
6. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the STAR POWER Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of STAR POWER or other third parties. You are not permitted to use the Marks without the prior written consent of STAR POWER or such third party that may own the Marks.
LICENSE TO STAR POWER FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content, such as the Site forum, blogs and agent profiles. By submitting User Content to this Site you grant STAR POWER the following license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant STAR POWER a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant STAR POWER the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another Member's account, password, service, or system without authorization from STAR POWER; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
STAR POWER reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. STAR POWER may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, STAR POWER will have no liability related to User Content. STAR POWER disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and STAR POWER or you and a third party with respect to such party's materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, STAR POWER makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any real estate informational products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) you will financially profit from using STAR POWER's process and methodology with respect to real estate.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. STAR POWER may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date at times, and STAR POWER will make a good-faith effort, but makes no commitment, to update such Materials or Services.
You understand and acknowledge that (i) STAR POWER does not control, endorse, or accept responsibility for any content, advice, products, or services offered by third parties or Members through the Site, including, without limitation, third parties accessible through links on the Site; (ii) STAR POWER makes no representation or warranties whatsoever about any such third parties or Site Members, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) STAR POWER shall not be liable or responsible for any content, products, or services offered by third parties. Any in-person meeting between you and another site visitor or Member is done at your own risk. STAR POWER does not screen the Site visitors and Members and therefore cannot take responsibility for the integrity of its users. Please take reasonable safety precautions when meeting Site Users in-person or when dealing with other Site users generally.
PERSONAL INFORMATION AND PRIVACY
Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of STAR POWER or others.
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall STAR POWER, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not STAR POWER has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by STAR POWER from its offices within the state of Texas, United States of America. By accessing this Site, you and STAR POWER agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. Subject to the Arbitration Clause below, you and STAR POWER also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Texas with respect to such matters.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential binding arbitration in Austin, Texas, except that, to the extent you have in any manner violated or threatened to violate STAR POWER's intellectual property rights, STAR POWER may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Our Cancellation and Return Policy
STAR POWER has a 100% satisfaction guarantee. If you are not satisfied that the STAR POWER Club membership, you may cancel at any time with no further billing. If you do not believe STAR POWER Club or other STAR POWER product has provided you with real value, simply return our materials to receive your refund (refund will be made upon receipt of all materials in good, working condition). Requests for refunds of STAR POWER products must be made within 30 days of purchase. Refunds will be generated in the same method in which you registered. There will be a 4% service fee for all refunds.
STAR POWER Club Membership: To qualify for a refund, STAR POWER Club members must return all delivered materials from the month in which cancellation occurs. To cancel membership, call STAR POWER Member Services at (877) 707-8277. STAR POWER will fully refund the cost of that month's membership, minus a 4% service fee.
Returned materials should be shipped to the following address:
ATTN: Returns Department
STAR POWER Systems
2914 Montopolis Drive, Bldg. 2, Ste. 290
Austin, TX 78741
STAR POWER Products: Purchasers of STAR POWER products have 30 days in which to return the materials to qualify for the refund. STAR POWER will fully refund the cost to purchase the products and the original shipping costs, minus a 4% service fee.
Returned materials should be shipped to the following address:
ATTN: Returns Department
STAR POWER Systems
2914 Montopolis Drive, Bldg. 2, Ste. 290
Austin, TX 78741
STAR POWER University: If you have registered for a STAR POWER or STAR POWER University event, you may cancel your registration up to 30-days prior to the event and receive a full refund. There will be a 4% service fee for all refunds. Within the 30-day period of a STAR POWER University event, you may request to transfer to another University class. If the University is of greater value, you will be responsible for the difference. If it is of lesser value, the difference, according to your choosing, will be refunded or credited to your STAR POWER Club membership. If you decide to take a different University class, please inform STAR POWER Member Services to ensure your seat and materials have been reserved.
All events are subject to cancellation. In the event a course is canceled, for any reason, STAR POWER will work to reschedule or transfer registrants to other events, but is not responsible for reimbursing travel costs.
STAR POWER Annual Conference: If you have registered for a STAR POWER Annual Conference, you may cancel your registration up to 60-days prior to the event and receive a full refund. There will be a 4% service fee for all refunds. No cancellation refunds or credits will be issued as of the day of the Conference.
Within the 60-day period of a STAR POWER Annual Conference, you may request to transfer the cost of the conference registration to a STAR POWER University class or other STAR POWER products. If the University is of greater value, you will be responsible for the difference. If it is of lesser value, the difference, according to your choosing, will be refunded or credited to your STAR POWER Club membership. If you decide to take a different University class or to apply your Conference registration to purchasing a STAR POWER product, please inform STAR POWER Member Services to ensure your materials and/or seat have been reserved.
All events are subject to cancellation. In the event the STAR POWER Annual Conference is canceled, for any reason, STAR POWER will work to transfer registrants to other events, but is not responsible for reimbursing travel costs.
In the event of war, acts of nature, sickness, death, governmental restrictions or circumstances beyond the control of STAR POWER Systems, the right to revise the format of and/or reschedule any STAR POWER activity is expressly reserved by STAR POWER is not liable for any accident or injury of any nature during, en route to, or en route from any STAR POWER events.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to firstname.lastname@example.org.
USAGE OF STAR POWER'S DESIGNATIONS, SERVICEMARKS AND/OR TRADEMARKS
1. This Agreement. Under this license Agreement (“Agreement”) between STAR POWER Systems (“STAR POWER”) and me, and upon my acceptance of these Terms and Conditions, STAR POWER grants to me a limited, personal, non-transferable, non-assignable, royalty-free, non-exclusive, revocable license to use the STAR POWER Club-or, if selected as such, STAR POWER Star-designations (collectively referred to herein as the “Marks”). I understand that misrepresentation or omission of facts is cause for denial or revocation of the right to use the Marks. I further understand that I may not use any of the Marks until I receive official notification of my authorization to do so by STAR POWER. I affirm that I have read, understand, and voluntarily agree to be bound by the terms and conditions set forth below.
2. Ownership of the Marks. I understand that Marks are owned and registered by STAR POWER and STAR POWER maintains full authority over the authorization to use the Marks.
3. Authorization. Subject to the terms and conditions outlined in this Agreement, STAR POWER grants to me a limited, personal, non-transferable, non-assignable, royalty-free, nonexclusive, revocable license to use STAR POWER's Marks in connection with advertising, through any media, my STAR POWER association only. No other rights are granted except for those explicitly granted herein.
4. Term of Use. Permission to use the Marks exists solely for the authorization period, as defined by STAR POWER, or for the term of my STAR POWER Club Membership, as defined by STAR POWER. At the end of such authorization period, or if STAR POWER otherwise revokes this license, the authorization expires, all rights to use the STAR POWER's Marks terminate, and I must immediately cease use of any and all Marks previously granted to me. STAR POWER may terminate any rights I have in the use of the Marks as provided in this Agreement.
5. Restriction on Use. Without limiting the other terms and restrictions set forth in this Agreement, and unless otherwise approved by STAR POWER in writing, I will not, directly or indirectly: (i) use the Marks in conjunction with the sale or promotion of any tangible goods, (ii) state or imply that STAR POWER has made a determination on the merits or quality of any services I may render, (iii) license individuals to use the Marks, (iv) use the Marks in a manner that implies another individual or company is qualified to use the Marks, (v) use the Marks in violation of STAR POWER's current or future policies and procedures, or (vi) use the Marks for purposes other than to publicize my STAR POWER Club membership, or status as a STAR POWER Star. I understand that the designation is personal to me and that I may not imply that my brokerage or company is certified by STAR POWER.
6. Other STAR POWER Trademarks. I understand the right to use STAR POWER's Marks is limited to those referenced herein and does not extend to any other of STAR POWER's Marks. I will only display or use the Marks in the manner permitted by STAR POWER.
7. Compliance with STAR POWER Standards, Rules and Policies. I have read, understand, and will comply with all rules and policies contained in STAR POWER's materials and those posted on the STAR POWER's website, all of which are incorporated herein by reference, as they presently exist and as they may be amended from time to time.
8. Revocation of Right to Use. STAR POWER retains the absolute and unrestricted right to revoke, at its sole discretion, any rights I have to use any Marks, if STAR POWER finds that I have failed to comply with the STAR POWER's Rules, Standards, Policies or Procedures or the terms and conditions outlined in this Agreement. In addition, if STAR POWER, in its sole discretion, determines that I have misused the Marks, have acted in a manner unbecoming a STAR POWER Club member or STAR POWER Star, used the Marks in a manner that reflects poorly on STAR POWER, violated any law or regulation, I agree I will immediately cease use of the Marks, change the manner in which I use the Marks as determined by STAR POWER, or comply with any other remedy STAR POWER deems appropriate for the circumstances. Failure to respond to inquiries, notices, or investigations initiated by STAR POWER or its assigned agent(s) may result in termination of any rights I have in the use of the Marks.
9. Quality of Services. I agree that STAR POWER may monitor the provision of services provided by me in association with the Marks and that, in the event that STAR POWER determines that the quality of those services does not meet STAR POWER's standards, as it determines in its sole discretion, STAR POWER may terminate this license to use the Marks. Upon termination of this license, I shall immediately cease to use or display any of the Marks for any purpose whatsoever.
10. Indemnification. Neither STAR POWER nor its directors, officers, employees, or others acting on its behalf shall be liable to me for any actions taken or omitted in an official capacity or in the scope of employment, except to the extent that such actions or omissions constitute willful misconduct or gross negligence, and I hereby release STAR POWER and the persons identified above from any liability for any such actions or omissions. I further agree to defend, indemnify, and hold harmless STAR POWER and its directors, officers, employees, and agents from and against any and all claims, demands, judgments, awards, and expenses related thereto (including court costs and reasonable fees of attorneys and other professionals) brought or threatened by any third parties, including my clients, arising out of: (i) any breach by me of the terms and conditions of this Agreement; (ii) any failure by me or my authorized agents to comply with applicable laws; (iii) the services provided by me, (iv) any unauthorized representation, warranty, agreement or the like, express or implied, made by me or my authorized agents to or with any third party with respect to any acts or omissions (including statements, representations or warranties not authorized by STAR POWER); or (v) acts or omissions taken by me in connection with the use of the Marks. Notwithstanding the above, STAR POWER expressly reserves the right to retain separate counsel to participate in the defense or settlement of any such claims.
11. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL STAR POWER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, LOSS OF BUSINESS, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OR THE INABILITY TO USE ANY OF STAR POWER'S MARKS, INCLUDING WITHOUT LIMITATION THE REVOCATION OF MY AUTHORIZATION UNDER THIS AGREEMENT, EVEN IF STAR POWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL STAR POWER'S LIABILITY UNDER THIS DECLARATION AND AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND DEFAMATION) OR OTHERWISE, EXCEED THE AMOUNT I PAID IN APPLICATION/ATTENDANCE FEES FOR STAR POWER'S EVENTS. LIABILITIES SHALL BE LIMITED AND EXCLUDED, EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Entire Agreement. This Agreement and the documents incorporated herein by reference constitute the complete agreement and supersede all prior or contemporaneous oral or written representations and warranties. STAR POWER may modify the terms and conditions in this Agreement from time to time and I shall be bound by such modification even if my use of the Marks began prior to STAR POWER's modification to this Agreement. No modification by me to this Agreement shall be binding upon STAR POWER unless in writing and signed by STAR POWER.
13. Assignment. I will not assign or transfer any of my rights or obligations under this Agreement. Any assignment or delegation by me of this Agreement or any of my rights or obligations hereunder shall be null and void. STAR POWER may assign its rights herein, without my prior consent.
14. Relationship. My relationship with STAR POWER is that of a designee granted the right to use the Marks of an institution and in no way constitutes an independent contractor, partnership, franchise, joint venture, agency, or employment relationship.
15. Severability. If any provision of this Agreement shall contravene, be invalid under or be inconsistent with the laws of the country or jurisdiction in which this Agreement shall be performed or enforced, or any portion thereof, then such contravention, invalidity or inconsistency shall not invalidate this entire Agreement. Such provision shall be deemed to be modified to the extent necessary to render it valid and enforceable and if no such modification shall render it valid and enforceable, then this Agreement shall be construed as if not containing the provisions held to be invalid, and the rights and obligations of the parties shall be construed and enforced accordingly.
16. Waiver. No delay on the part of STAR POWER in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single partial exercise of any power or right hereunder preclude other or further exercise thereof or the exercise of any other power or right. No waiver shall be deemed by any course of conduct or acquiescence and shall not be enforceable against STAR POWER unless in writing, signed by STAR POWER, and shall be limited solely to the one event.
17. Enforcement. If I do not cease use of any and all Marks immediately upon revocation, relinquishment, or termination, or I violate the provisions of this Agreement, such action shall be considered exceptional, and I will pay any expenses STAR POWER may incur while enforcing this provision, including, but not limited to, attorney's fees.
18. Choice of Law; Forum. This Agreement and any action relating thereto shall be governed by and construed and enforced in accordance with the laws of the State of Texas. No choice of law rules of any jurisdiction will apply. Any dispute relating in any way to my use of the Marks shall be submitted to confidential arbitration in Austin, Texas, except that, to the extent I have in any manner violated or threatened to violate STAR POWER's intellectual property rights, STAR POWER may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and I consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.