Terms of Use

Version 1.0
Last Modified: August 2, 2024

These Terms require users to use arbitration on an individual basis to resolve disputes rather than using jury trials or class actions. These Terms contain exclusions, disclaimers, and limitations of liability. Please read these Terms carefully.

These Terms of Use (the “Terms”) apply to your use of thestudioauthentic.com, all related subdomains, and all products and services offered through the same (the “Website”). These Terms are effective as of the Last Modified date above.

All references to “us” and similar words such as “we” and “our” mean The Studio Authentic LLC. All references to “you” and similar words such as “your” mean the individual using the Website, and if you are using the Website on behalf of a business entity, it means both you and that business.

By using the Website, you are agreeing to these Terms and the other policies referenced in these Terms. If you are using the Website on behalf of a business entity, then you represent that you are authorized to use the Website on behalf of that business and you are agreeing to these Terms and the other policies referenced in these Terms on behalf of both you and that business.

If you do not agree to these Terms, then you may not use the Website.

Use of the Website

License to Use the Website

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Website solely for your own use.

Not for Children

The Website is not designed for children. You may not use the Website if you are under 18 years old.

Prohibited Uses

You shall not directly or indirectly: (a) use the Website for any illegal purpose or in a way that would violate another contract, (b) resell or otherwise make the Website available to third parties without our express permission, (c) use the Website in any way that may harm the Website, including using bots, scrapers, harvesters, or other automated systems, (d) take any action which constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Website, or (e) attempt to use the Website without our express permission after we have terminated your right to use the Website.

Modifications

We may add to, modify, suspend, or discontinue, all or parts of the Website at any time, for any reason, with or without notice to you. We will not be liable to you for any such change.

No Support

We will not have any obligation to provide any customer support with respect to your use of the Website.

Our privacy policy is available at thestudioauthentic.com/privacy-policy (the “Privacy Policy”). That Privacy Policy applies to your use of the Website. By using the Website, you consent to our collection and use of your information, as described in our Privacy Policy.

License Terms

If you purchase any products from us (including subscriptions, courses, workbooks, or any other digital product offered by us through the Website), then our License Terms will apply to that purchase and your use of the product, in addition to these Terms. If any provision in these Terms conflicts with those License Terms, then the provision in those License Terms will control. Our License Terms are available at thestudioauthentic.com/license-terms .

User Accounts

We may allow you to create an account (or we may create one for you) to use the Website. If you create (or accept) an account, then we may request information about you as described in the account setup process and in these Terms and the other policies referenced in these Terms. Please review our Privacy Policy to understand how we use your information. Subject to the other provisions in these Terms, both you and we may terminate your account any time.

Account Responsibilities

You must keep your account credentials private and may not allow other people to use your account. You are responsible for everything that happens through your account.

Your Content

You may be allowed to submit content to us (“Your Content”). By submitting Your Content to us, you represent that you own Your Content, or otherwise have legal rights to Your Content, and that the license you grant us to use Your Content is valid and does not violate any other contract or law.

License to Use Your Content

By uploading Your Content, you grant us an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, store, use, process, copy, distribute, display, perform, create derivative works from, and export, Your Content, with or without attribution for the following purposes: (a) to provide, maintain, and update the Website, (b) to prevent or address service, security, support, and technical issues, with the Website, and (c) as required by law. Please refer to our Privacy Policy for additional information about how we may use Your Content.

Visibility of Your Content

Please note that Your Content may be visible to other users of the Website depending on the privacy settings chosen by you (please review our Privacy Policy to understand your rights with respect to privacy settings). We cannot guarantee that those other users will not violate your rights with respect to Your Content and we disclaim all liability for uses by other users.

Deleting Your Content

Notwithstanding anything contrary in these Terms, we do not have any obligation to retain or otherwise backup Your Content. Please review our Privacy Policy to learn more about your rights with respect to the retention and deletion of Your Content.

Intellectual Property

Our Property Rights

The Website (including all design, software, code, and other content on the Website) is either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. As between you and us, we own all the foregoing. Your use of the Website does not grant any rights to you other than the right to use the Website for their intended purpose as outlined in these Terms.

Copyright/DMCA Policy

We respect intellectual property rights and it is our policy to comply with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on the Website infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a DMCA Notice to our Designated DMCA Agent at support@thestudioauthentic.com.

Your DMCA Notice must include all the following:

Identification of the copyrighted work that you claim has been infringed.
Identification of the material that is claimed to be infringing and specifically where it is located on the Website.
Sufficient information for us to contact you such as your address, phone, or email address.
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 law.
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

PLEASE NOTE: Under U.S. federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Exclusions, Disclaimers, & Limitations of Liability

All references to “us” and similar words such as “we” and “our” (even if not capitalized) in this section mean us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates.

We do not provide any licensed mental health (or physical health) advice. All information we provide is intended for educational purposes only. If you have mental health (or physical health) questions, you should contact a licensed medical professional.
The Website is offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind.
Without limitation, we do not represent or warrant that (a) the information on the Website is free from error, (b) the functionality of the Website will be uninterrupted, secure, or free of errors, (c) defects in the Website will be corrected, or (d) that the Website or the equipment the Website use are free of viruses.
To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement, and all liability for identity theft and other misuse of your identity or content.
We do not vet content submitted by users of the Website and we do not represent or guarantee that any such content is truthful or accurate or that you will have any right to use that content.
We do not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third party on the Website, or for any other websites or applications which are linked to or referenced in the Website. If you use or purchase any such products or services, or if you click on any such links, you do so at your sole risk.
We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages, arising out of or in connection to the Website or your use of the Website.
All limitations of liability in these Terms will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or should have known about the possibility of such damages.
All limitations of liability in these Terms will apply to the fullest extent permitted by law.
Subject to the limitations of liability in these Terms, our liability to you or any third party will not exceed the amount you paid for the Website, or if the claim does not relate to a purchase, then $100.
Any cause of action or claim which you may have which arises out of or in connection to the Website or your use of the Website must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred.
All the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.

Some jurisdictions do not allow certain exclusions, disclaimers, and limitations of liability. To the extent such jurisdictions’ laws are applicable to your use of the Website, such exclusions, disclaimers, and limitations of liability, will be limited to the extent required by the applicable law.

Termination

Your Rights

You may terminate your use of the Website at any time. You will remain liable for any damage you caused or may later cause to us or any part of the Website.

Our Rights

We may temporarily or permanently terminate your licensee to use the Website at any time, for any reason, in our sole discretion, with or without notice to you.

Survival of Terms

Even if your license to use the Website is terminated (by either party), the following provisions of these Terms will continue to apply to you and will survive such termination: (a) all provisions restricting your right to use the Website and all provisions limiting our obligations to you, (b) all provisions related to your obligation to pay us sums you owe us, (c) all provisions related to our intellectual property rights and all provisions related to your licenses of (and representations regarding) Your Content, (d) all provisions related to your indemnification obligations and all provisions related to arbitration, governing law, jurisdiction, and waiver of jury trials, (e) all provisions related to exclusions, disclaimers, and limitations of liability (except as limited by applicable law), (f) all provisions related to termination of license to use the Website, and (g) all miscellaneous provisions.

Indemnification

You shall indemnify us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates (the “Protected Parties”) against all reasonable expenses including attorneys’ fees, costs, and damages of every kind (the “Losses”) arising out of any suit, claim, investigation, or proceeding, which is t hreatened or brought against a Protected Party, related to your (a) use of the Website, (b) breach of these Terms or any other policies referenced in these Terms, (c) submission of content that violates third party rights or applicable laws, or (d) violation of applicable law. We may, at your expense, assume the exclusive control and defense of any such matter. You shall cooperate, at your expense, with our control and defense of any such matter. You shall not settle any such matter without our prior written consent.

Arbitration

If a dispute arises between you and us related to the Website, your use of the Website, or these Terms or any policies referenced in these Terms, then the dispute will be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Missouri Secretary of State. The arbitration proceedings will be held in Jackson County, Missouri, USA, or virtually if both you and we agree to virtual arbitration.

If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial proceedings will be brought in accordance with the legal provisions below.

Notwithstanding the agreement to arbitrate above, we may assert a claim seeking injunctive or other equitable relief from any court as necessary to stop unauthorized use or abuse of the Website or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.

CLASS ACTIONS ARE PROHIBITED: All claims, including all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.

Legal Provisions

Governing Law & Jurisdiction

Our provision of the Website, your use of the Website, and these Terms and all policies referenced in these Terms, will be governed by and construed in accordance with the laws of Missouri excluding its conflict of law principles. With respect to any dispute arising out of or related to any of the foregoing, both you and we consent to jurisdiction in, and the exclusive venue of, the state courts in Jackson County, Missouri, or when applicable in the U.S. District Court having jurisdiction over that county.

Waiver of Jury Trial

You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to the Website, your use of the Website, and these Terms and all policies referenced in these Terms.

Power to Amend These Terms

We may amend these Terms any time, for any reason, with or without notice to you. Your continued use of the Website after the amended Terms are posted on the Website will constitute your acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms materially alter your rights or obligations in these Terms, the amended Terms will become effective upon the earlier of (a) your continued use of the Website with actual knowledge of the amended Terms, or (b) 30 days after the amended Terms are posted on the Website.

Contact

Unless otherwise required by these Terms or by law, you may contact us at support@thestudioauthentic.com.