By purchasing any products from Start Your Boutique LLC, you are agreeing to the following terms and conditions:


EMAIL ADDRESS COLLECTION

By completing this purchase, you are consenting to join Start Your Boutique's email list through Drip 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.

SERVICES

Done-for-you services of any kind are not included.

ENDORSEMENTS

You are not receiving an endorsement from Start Your Boutique LLC or any related company members, and neither is any other participant. Do not create the appearance of an endorsement or rely on any person who claims to be endorsed by Start Your Boutique LLC.

SHARING YOUR DIGITAL DOWNLOAD IS STRICTLY PROHIBITED

This will result in your access being immediately revoked and your payment will be forfeited. You will be held liable for damages to Start Your Boutique LLC.

OWNERSHIP OF WRITTEN, AUDIO & VIDEO MATERIALS

As a participant, you will have one [1] license to view written materials provided by Start Your Boutique LLC. You do not have ownership of this information, which is protected by federal copyright laws. Some of the information is also protected by a contractual license between the provider and Start Your Boutique LLC. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, without express written consent of Start Your Boutique LLC, which it may withhold for any reason, and purchase of a license (prices start at $4,500 USD).

TRADEMARK USAGE

Start Your Boutique LLC protects its names! You are not receiving permission to use trade and service marks like Online Boutique Success®, Online Boutique Blueprint®, Online Boutique University™, In Stock to Sold Out™, Online Boutique Launch Roadmap™ or any other trademark of the Company, even if not listed here.

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 results.

COMMUNITY ACCESS

Some of our products come with private Facebook groups. Start Your Boutique LLC is not liable nor endorses the information shared amongst community members in these groups. Access may be revoked at any time by Start Your Boutique LLC. These communities are provided for your convenience only and may be shut down at any time by Start Your Boutique LLC. This does not constitute a refund of any kind. Facebook groups are provided strictly as free bonuses to the downloaded material.

CONFIDENTIALITY

Start Your Boutique LLC cannot guarantee confidentiality. Do not share any confidential and proprietary information which may harm your business or personal interests if repeated, copied, or otherwise transmitted and/or implemented by a third party.

PAYMENT PLANS

Access will be revoked to any course or digital download that a customer does not complete a payment plan or subscription payments on schedule.

REFUNDS

There are absolutely NO REFUNDS for any enrollments of the Online Boutique Success® program.

The digital products available for sale on shop.startyourboutique.com are NON-REFUNDABLE!

Due to the nature of digital products, we do not offer refunds as you receive instant access to the training(s)/resource(s) and have the ability to download accompanying guides or worksheets.

If you're not satisfied for any reason, you can credit your purchase toward another resource by sending an email to our customer care team.

CLICK HERE TO LEARN MORE


YOUR ACCESS MAY BE REVOKED AT ANYTIME

Start Your Boutique LLC reserves the right to revoke access to any course 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 inside Start Your Boutique's products. Start Your Boutique LLC reserves the right to pursue you for damages for unauthorized use of downloaded materials.

RESULTS NOT GUARANTEED

You are receiving a space in the program, support and guidance, but not guaranteed results from participating in the program. Your effort, decisions, etc will play a part in the results that you get from the program. Start Your Boutique cannot, and does not, guarantee particular results for any product or service purchased through this site.

WHAT DOES LIFETIME ACCESS MEAN?

You'll have lifetime access to the course (or product) material you are purchasing for as long as the course/product exists. If the product you purchase is retired (discontinued), you'll have the opportunity to download all the relevant materials over a 30-day time frame before access is revoked. You will have access to Online Boutique University content for as long as you continue your membership. Member access is revoked upon cancellation.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Start Your Boutique (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at jenelle@startyourboutique.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Sheridan, Wyoming before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Start Your Boutique’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.


Additional Legal Terms

1a. There is a NO REFUNDS policy on Coaching Programs and Membership (Subscription) Fees.

By signing this Agreement, you acknowledge that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed according to the schedule in Section 1 of this Agreement through the end of the Term. Start Your Boutique LLC considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included.

If you initiate a chargeback, Start Your Boutique LLC will issue an additional $250 fee to you. When you initiate a chargeback you are stealing and participating in internet fraud. Each and every instance is reported to the FBI along with your contact information and all proof of use. We vigorously protect Start Your Boutique LLC from internet fraudsters!

2.You are a Business Owner.

You enter this Agreement in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business entity such as a limited liability company. As a business owner, you may have limited rights under the laws of your state, and may be giving up consumer rights.

3.Disclaimer of Warranties.

Participant understands the Group Program is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained by using the program. This limited warranty is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation.

4.If we get sued due to something you did:

You agree to indemnify, defend and hold harmless Start Your Boutique LLC, its affiliates, successors and assigns from and against any and all claims, damages, losses, liabilities, lawsuits, costs and expenses (including attorneys’ fees at all tribunal levels) arising out of or related to any activity, work, or other thing done or permitted to be done by you where such liability arises from negligence on your part or the violation of this Agreement. This includes any liability arising from breach of confidentiality by any party.

5.Damages are limited under this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.

6.No Professional Advice.

The Company does not engage in the rendering of medical, legal, accounting, financial, or other professional services. None of the content on this website prevents, cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Start Your Boutique LLC disclaims any liability for your reliance on any opinions or advice contained in your digital downloads. You acknowledge that you will make your own decisions before acting on any information gained from this program. It is further understood that before you utilize any techniques suggested by this program, you should consult licensed professionals as applicable.

7.No Guarantee of Results; Risk of Loss.

Results from the group program are greatly dependent upon individual decisions, abilities, and other factors outside Company’s control, and the Company makes no guarantees or warranties that information provided to you through the Program will provide results.

8.Start Your Boutique LLC can end your participation in the program.

Company may determine, in its sole discretion and without requiring disclosure of the reason, that the relationship under this Agreement must terminate. In this circumstance, Start Your Boutique LLC will provide a refund to you.

9.New York State law governs this Agreement and it will be enforced by either party in New York State.

This Agreement will be governed by New York State law, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of this state and agree that any legal proceeding commenced shall take place in Brooklyn, New York.

10.No Assignment; No oral waivers or modifications.

This Agreement may not be assigned to any other party. Its requirements may not be waived or modified except in writing signed by the Company.

11.Electronic Signatures and Other Documents.

You agree that checking this terms of service document acts as your electronic signature and is valid and binding evidence of your assent to the terms of this Agreement. You also agree to sign any additional documents which may be necessary to complete the material purpose of this Agreement, including without limitation, payment authorizations.

12.No relationship.

The parties hereto expressly understand and agree that they are not employers or employees, principals and agents, or partners or co-venturers in the performance of each and every part of this Agreement, and they remain solely responsible for all of their respective employees and agents.

I have read the foregoing Agreement, understand its terms, and agree: