WORKSHOP TERMS OF SALE
YOUR PURCHASE AND ATTENDANCE OF ANY LIVE WORKSHOPS (“WORKSHOPS”) CODUCTED BY 4 STAR CASTING INC., AN ILLINOIS CORPORATION (“US OR “WE”) OFFERS ON WWW.4STARCASTING.COM (“WEBSITE”) SHALL BE GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”), WHICH IS A BINDING AGREEMENT BETWEEN YOU (“YOU”).
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND THIS AGREEMENT.
Sale Authorization & Payment Terms
By providing your credit card, debit card, PayPal or bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website at the time of purchase for any Workshop You purchase, and all other stated costs, taxes or other charges applicable to the sale from such method of payment. You agree that we shall be authorized to charge all such amounts immediately after You have clicked the submit button or otherwise have authorized the payment. A confirmation e-mail will be sent to the e-mail address You use to place your order.
Pricing Policy
We are not responsible for pricing, typographical, or other errors in any price stated on this We reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any Workshop description or information contained on this Website regarding such Workshop. All pricing is in United States currency (USD) unless otherwise stated. You agree to pay all charges that may be incurred by you or on your behalf through this Website, at the actual price(s) in effect when such charges are incurred.
Workshop Discontinuance
All sales are subject to Workshop availability and we may revise and/or discontinue any Workshop at any time with advance notice to You not sooner than three (3) days before the commencement of the Workshop. In such case, we shall have no liability to You and we will refund to You in full the puchase price of any discontinued Workshop automatically, or in the event we revise any Workshop you have already paid for and signed up to attend upon your request. We also reserve the right, with or without prior notice to You, to i) limit the available quantity of or discontinue any Workshop; ii) bar any Website user from making any or all transaction(s); and iii) refuse to provide any Website user with access to any of our Workshops.
Accuracy of Materials
We make every effort to describe and display Workshop descriptions accurately on this Website. However, on occasion a Workshop may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates on our Website. We reserve the right to change or update information and to correct errors, inaccuracies or omissions in connection with any Workshop at any time without prior notice.
Our Cancellation & Refund Policy
You may cancel your purchase of any Workshop and receive a full refund from us for any reason or for no reason. All refund requests must be made to us in writing by sending an email to 4starcasting@gmail.com no later than two (2) days before the commencement of the applicable Workshop.
Workshop Use & Intellectual Property
You may only attend any Workshop we provide for your own internal personal use and not for resale or sub-licensing. You are not permitted to record (voice or visual) any portion of any Workshop You attend. Any resale or licensing or other distribution by You of any Workshop materials, whether provided by us or created by You, is strictly prohibited. You are solely responsible for compliance with any laws applicable to your purchase and use of any Workshop made available through this Website. You agree to comply with all applicable laws and regulations of the United States and any state we conduct any Workshop and your state of residence.
No Employment Opportunity
All Workshops we provide are for educational purposes only and will not secure or provide opportunity for any employment or representation by an agent. We make no representations that any Workshop You attend will provide or assist You in finding any work opportunities.
Disclaimer of Warranties
We make no representations to You and we specifically disclaim all warranties whatsoever with respect to any Workshop you purchase, WHETHER EXPRESS OR IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, including without limitation, the Workshop content, any results, the materials provided at the Workshop, or that any particular topics will be included in the event curriculum.
Limitation of Liability
YOU AGREE THAT WE OR ANY OF OUR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS ITS SUCCESSORS AND/OR ASSIGNS, IF APPLICABLE, SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE OF AND ATTENDANCE AT ANY WORKSHOP FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE WORKSHOP IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, BUT NOT LIMITED TO, CALIFORNIA CIVIL CODE §1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.
Exceptions to Disclaimers & Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties and the extent of our liability shall be as limited as allowed under any applicable laws.
Information Security Policy
We use reasonable, industry standard security measures to protect your personally identifiable and billing information during transmission to our Website. We make no guarantee, warranty or representation that your name or email address, or any other Identity Information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
Miscellaneous:
A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your purchase and use of any Workshop offered by us and supersedes any prior communications, representations or agreements of the parties, except any terms contained in any separate Website Terms of Use, Terms of Service, our Privacy Policy or any other agreement which may relate to your access and use of our casting platform services, and cannot be altered, amended, or modified except in writing executed by an authorized representative of each party.
B. Authority. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms of sale and otherwise have authority to enter into this Agreement.
C. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
D. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE AND/OR THE SERVICES BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard exclusively in Cook County, State of Illinois, USA. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.
E. Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website and/or the Services may only be brought exclusively in a federal or state court situated in Cook County, Illinois, USA and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of Illinois, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
F. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
G. Force Majeure. We shall not be liable for any delay or failure to perform any Workshop to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party's control.
H. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
I. Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
J. Survival. Any provisions of these Terms which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
K. No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND THIS AGREEMENT.
Sale Authorization & Payment Terms
By providing your credit card, debit card, PayPal or bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website at the time of purchase for any Workshop You purchase, and all other stated costs, taxes or other charges applicable to the sale from such method of payment. You agree that we shall be authorized to charge all such amounts immediately after You have clicked the submit button or otherwise have authorized the payment. A confirmation e-mail will be sent to the e-mail address You use to place your order.
Pricing Policy
We are not responsible for pricing, typographical, or other errors in any price stated on this We reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any Workshop description or information contained on this Website regarding such Workshop. All pricing is in United States currency (USD) unless otherwise stated. You agree to pay all charges that may be incurred by you or on your behalf through this Website, at the actual price(s) in effect when such charges are incurred.
Workshop Discontinuance
All sales are subject to Workshop availability and we may revise and/or discontinue any Workshop at any time with advance notice to You not sooner than three (3) days before the commencement of the Workshop. In such case, we shall have no liability to You and we will refund to You in full the puchase price of any discontinued Workshop automatically, or in the event we revise any Workshop you have already paid for and signed up to attend upon your request. We also reserve the right, with or without prior notice to You, to i) limit the available quantity of or discontinue any Workshop; ii) bar any Website user from making any or all transaction(s); and iii) refuse to provide any Website user with access to any of our Workshops.
Accuracy of Materials
We make every effort to describe and display Workshop descriptions accurately on this Website. However, on occasion a Workshop may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates on our Website. We reserve the right to change or update information and to correct errors, inaccuracies or omissions in connection with any Workshop at any time without prior notice.
Our Cancellation & Refund Policy
You may cancel your purchase of any Workshop and receive a full refund from us for any reason or for no reason. All refund requests must be made to us in writing by sending an email to 4starcasting@gmail.com no later than two (2) days before the commencement of the applicable Workshop.
Workshop Use & Intellectual Property
You may only attend any Workshop we provide for your own internal personal use and not for resale or sub-licensing. You are not permitted to record (voice or visual) any portion of any Workshop You attend. Any resale or licensing or other distribution by You of any Workshop materials, whether provided by us or created by You, is strictly prohibited. You are solely responsible for compliance with any laws applicable to your purchase and use of any Workshop made available through this Website. You agree to comply with all applicable laws and regulations of the United States and any state we conduct any Workshop and your state of residence.
No Employment Opportunity
All Workshops we provide are for educational purposes only and will not secure or provide opportunity for any employment or representation by an agent. We make no representations that any Workshop You attend will provide or assist You in finding any work opportunities.
Disclaimer of Warranties
We make no representations to You and we specifically disclaim all warranties whatsoever with respect to any Workshop you purchase, WHETHER EXPRESS OR IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, including without limitation, the Workshop content, any results, the materials provided at the Workshop, or that any particular topics will be included in the event curriculum.
Limitation of Liability
YOU AGREE THAT WE OR ANY OF OUR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS ITS SUCCESSORS AND/OR ASSIGNS, IF APPLICABLE, SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE OF AND ATTENDANCE AT ANY WORKSHOP FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE WORKSHOP IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, BUT NOT LIMITED TO, CALIFORNIA CIVIL CODE §1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.
Exceptions to Disclaimers & Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties and the extent of our liability shall be as limited as allowed under any applicable laws.
Information Security Policy
We use reasonable, industry standard security measures to protect your personally identifiable and billing information during transmission to our Website. We make no guarantee, warranty or representation that your name or email address, or any other Identity Information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
Miscellaneous:
A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your purchase and use of any Workshop offered by us and supersedes any prior communications, representations or agreements of the parties, except any terms contained in any separate Website Terms of Use, Terms of Service, our Privacy Policy or any other agreement which may relate to your access and use of our casting platform services, and cannot be altered, amended, or modified except in writing executed by an authorized representative of each party.
B. Authority. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms of sale and otherwise have authority to enter into this Agreement.
C. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
D. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE AND/OR THE SERVICES BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard exclusively in Cook County, State of Illinois, USA. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.
E. Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website and/or the Services may only be brought exclusively in a federal or state court situated in Cook County, Illinois, USA and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of Illinois, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
F. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
G. Force Majeure. We shall not be liable for any delay or failure to perform any Workshop to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party's control.
H. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
I. Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
J. Survival. Any provisions of these Terms which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
K. No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.