Terms and Conditions

Effective date: November 1, 2024

 

Terms & Conditions

By checking  completing your purchase of a product (the “Product”) from Starke Frau LLC., a Texas limited liability company, doing business as Boss at the Helm and AK Helm, you agree that you have read, understood, and agree to the following Terms and Conditions of Use (these “Terms”).  These Terms constitute a binding agreement between you and Starke Frau LLC and they govern your access to and use of the Product.  Your access to and use of the Product requires your compliance with these Terms.

 

EMAIL ADDRESS COLLECTION

By completing this purchase, you are consenting to join AK Helm’s email list through Kajabi where you will receive regular communications such as weekly newsletters and occasional promotional offers. You can unsubscribe at any time at the bottom of the email or by emailing [email protected].  You agree that your email address and any other personal information that you provide to Starke Frau LLC will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Starke Frau LLC suspects that your information is untrue or inaccurate, not current, or incomplete, Starke Frau LLC may, in its sole discretion, suspend or terminate your right to access the Product. You agree to provide Starke Frau LLC with such proof of your identity as it may reasonably request from time to time. 

 

COPYRIGHT

The Product you are purchasing includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email and use materials from the Product for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute, create a derivative work or otherwise use any material from the Product for commercial purposes. Any reproduction or unauthorized use of any materials found in the Product shall constitute infringement. Your purchase grants you a single, limited, nonexclusive, non-transferable, nonsublicensable license to the specific materials that you have purchased (including free and paid content) for the term set forth for the applicable Product herein. All content you obtain through the Product is the property of Starke Frau LLC and your license only allows for personal, non-commercial use solely by you.

 

TRADEMARKS

Starke Frau LLC trademarks, including all federally registered trademarks, and trade dress may not be used in connection with any product or service that is not Starke Frau LLC’s in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Starke Frau LLC. From time to time, the Product will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners.

 

DISCLOSURES

Starke Frau LLC has made reasonable efforts to ensure that all information in the Product has been tested for accuracy. Starke Frau LLC makes no guarantees regarding the results that you will see from using the information provided in the Product.

Starke Frau LLC disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Product. Starke Frau LLC assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found in the Product.

Starke Frau LLC has made reasonable efforts to ensure that all business information, including but not limited to any references to technology or business methodology, provided in the Product has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided in the Product. Starke Frau LLC assumes no responsibility for your decisions or for policies or practices that you implement based on information in the Product. Everything provided in the Product is for informational purposes only.
Any statements related to outcome or potential in the Product are examples of what may be possible in the future. Starke Frau LLC makes no guarantees regarding results, present or future. Starke Frau LLC Inc. is not responsible for any other performance as a result of the actions you take based upon the information provided in the Product. The Product is provided for informational purposes only.

 

YOUR RESPONSIBILITY

YOU UNDERSTAND AND AGREE THAT STARKE FRAU LLC LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PRODUCT AS SET FORTH HEREIN. YOU AGREE NOT TO HOLD STARKE FRAU LLC, ITS AFFILIATES, OR ITS OR THEIR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, CONSULTANTS OR ADVISORS (COLLECTIVELY, THE “STARKE FRAU LLC PARTIES”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF THE PRODUCT. THE STARKE FRAU LLC PARTIES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE Starke Frau LLC PARTIES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO STARKE FRAU LLC DURING THE SIX (6) MONTHS PRIOR TO THE TIM’E SUCH CLAIM AROSE. THE STARKE FRAU LLC PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, COMPUTER SOFTWARE OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE PRODUCT IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PRODUCT. BY ACCESSING THE PRODUCT, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542 (OR ANY ANALOGOUS LAW OF ANY OTHER STATE OR PROVINCE), THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

 

INDEMNITY

You agree to defend, indemnify, and hold the Starke Frau LLC Parties harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) that any Starke Frau LLC Party suffers as a result of: (i) your use or misuse of or inability to use the Product; (ii) your negligence or intentional misconduct; (ii) your breach of any provision of these Terms; (iv) your violation of any applicable law or regulation; (v) your violation of the rights of a third party (including, but not limited to, other Participants); or (vi) death, personal injury, or property damage arising out of, or relating to, your use of the Product.

 

JURISDICTION AND VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws. The state and federal courts located in Dallas, TX shall have exclusive jurisdiction over any case or controversy arising from or relating to this Product, including but not limited to these Terms. By using this Product, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

 

SHARING YOUR DIGITAL DOWNLOAD IS STRICTLY PROHIBITED

Sharing your digital download of the Product is strictly prohibited and will result in your access being immediately revoked and your payment will be forfeited. You shall be liable for any and all resulting damages to Starke Frau LLC.

 

USE OF TESTIMONIALS

We follow the FTC’s rules surrounding endorsements and testimonials. As such, all endorsements or testimonials were received via text, audio, or video from a real person about their personal experience. Individual results may vary. Testimonials are not an indicator that you will have the same or similar results.

 

CONFIDENTIALITY AND PRIVACY

Starke Frau LLC respects your privacy and insists you agree to respect the privacy of Starke Frau LLC and all other users of the Product (“Participants”). Any confidential information (“Confidential Information”) shared by the Participants or any Starke Frau LLC’s representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Private Groups, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. You agree not to violate Starke Frau LLC publicity or privacy rights. Furthermore, you will not reveal any information to a third party obtained in connection with these Terms. You shall promptly notify Starke Frau LLC in writing of any circumstances that may constitute unauthorized disclosure, transfer or use of Confidential Information. You shall implement reasonable safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. By purchasing the Product, you acknowledge and agree that if you violate or display any likelihood of violating this Agreement, Starke Frau LLC and/or the other Participants will be entitled to equitable relief, including a decree of specific performance or injunctive relief to prohibit any such violations, to protect against the harm of such violations.

 

ACCESS MAY BE REVOKED AT ANYTIME

Starke Frau LLC reserves the right, in its sole discretion to revoke access to the Product at any time. Starke Frau LLC also reserves the right, in its sole discretion, to revoke access to the Product without providing a refund if any content has been copied or used in an unauthorized manner. This includes copying the concept or creating a competing product using the information learned from the Product. Starke Frau LLC reserves the right to pursue damages for unauthorized use of Product materials.

 

Modifications to the PRODUCT

Starke Frau LLC reserves the right to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that Starke Frau LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Product.

 

Equitable Relief

You acknowledge and agree that in the event of certain breaches of these Terms, Starke Frau LLC may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Starke Frau LLC shall be entitled to any equitable relief, including a decree of specific performance or injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

 

LIFETIME ACCESS

When you purchase our digital product or program, you’re not just buying a one-time deal. You’re gaining ‘Lifetime Access,’ which lets you enjoy the product for the full extent of its operational life cycle. This isn’t your lifetime, but rather the active lifespan of the product or program itself. Should the product or program be updated, revamped, or enhanced, you’ll receive all future updates as part of your purchase. Moreover, if the content is downloadable, you can save it directly to your device for unrestricted access, anytime, anywhere. Please note, ‘Lifetime Access’ expires if the product or program is retired or terminated. In such cases, access will be revoked, and the ‘Lifetime Access’ term will be considered fulfilled. We reserve the sole right to determine the active lifespan of a product or program.

Upon purchase, Starke Frau LLC grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the ‘Courses’) for your own personal or internal business use. Except as otherwise stipulated, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Starke Frau LLC. Furthermore, you agree not to create any derivative work based upon the Courses and not to offer any competing products or services based on any information contained in the Courses.

REFUND POLICIES

Due to the digital nature of Starke Frau LLC products, all sales of eBooks, templates, PDFs, workshops, Canva Templates, and the like are final. Starke Frau LLC does not provide any refunds for such products. There will be no refunds issued for any reasons.

 

ACCESS MAY BE REVOKED AT ANYTIME

Starke Frau LLC reserves the right to revoke access to any Product at any time without providing a refund if purchased content has been copied or used in an unauthorized manner. This includes copying the concept or creating a competing product using the information learned from the Product. Starke Frau LLC reserves the right to pursue damages for unauthorized use of downloaded materials.

 

CHANGES TO TERMS OF SERVICE

Starke Frau LLC may change, modify or update these Terms at any time without notice. Any access or use of the Product by you after Starke Frau LLC posts such changes shall constitute your consent to such modifications. If you have any questions or concerns about these Terms, contact [email protected]