TERMS
Agreement between User and http://sota.agency
Welcome to http://sota.agency. The http://sota.agency website (the “Site”) is comprised of various web pages, Programs, Products, and Services are owned and operated by State of the Art Agency (“State of the Art Agency”). The Site is offered to you conditioned on your acceptance without modifications of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://sota.egcny constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.
Use and Consent
By purchasing or using any of State of the Art Agency’s Programs, Products or Services, you agree to abide by these Terms of Use as well as our Disclaimer , Terms and Conditions and Privacy Policy, and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using our Site, Programs, Products, Services or Program Materials, in any manner constitutes use of the Site, Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use.
We reserve the right to redistribute our content - including programs, coaching calls, and recorded group trainings across our platforms.
http://sota.agency is an E-Commerce Site.
State of the Art Agency’s main purpose is to help artists establish a solid foundation on which to build a successful artistic career. The Programs, Products, and Services are for education and informational purposes.
Privacy
Your use of http://sota.agency is subject to State of the Art Agency’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting http://sota.agency or sending email to State of the Art Agency constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that State of the Art Agency is not responsible for third party access to your account that results from theft or misappropriation of your account. State of the Art Agency and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children under Thirteen
State of the Art Agency does know knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://sota.agency only with permission of a parent or guardian.
Cancellation/Refund Policy
State of the Art Agency stands behind our Programs, Products or Services and your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download and because of the nature of our coaching sessions, we generally offer no refunds. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.
Refund requests made after you have downloaded our product are handled on a case by case basis and are issued at our sole discretion. Refund requests, if any, must be made within thirty (30) days of your original Purchase.
All Subscription services are subject to 1 year commitment. Upon registering for the subscription you are required to continue payment for a full year until canceling. See point Purchases and Online Commerce.
Links to third Party Sites/Third Party Services
http://sota.agency may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of State of the Art Agency and State of the Art Agency is not responsible for the contents of any Linked Site, including without limitation any link containing in a Linked Site, or any changes or updates to a Linked Site. State of the Art Agency is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by State of the Art Agency of the site or any association with its operators.
Certain services made available via http://sota.agency are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://sota.agency domain, you hereby acknowledge and consent that State of the Art Agency may share such information and data with any third party with whom State of the Art Agency has contractual relationship to provide the requested product, service or functionality on behalf of http://sota.agency users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use http://sota.agency strictly in accordance with these terms of use. As condition of your use of the Site, you warrant to State of the Art Agency that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphic, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of State of the Art Agency or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. State of the Art Agency content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will protect content solely for your personal use, and will make no other use of the content without the express written permission of State of the Art Agency and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of State of the Art Agency or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Services, you will not” defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property law (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward survey, contests, pyramid schemes or chain letters; download any file posted by another user of the Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
State of the Art Agency has no obligation to monitor the Communication Services. However, State of the Art Agency reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. State of the Art Agency reserves the right to terminate your access to any of all of the Communication Services at any time without notice for any reason whatsoever.
State of the Art Agency reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in State of the Art Agency’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. State of the Art Agency does not control or endorse the content, messages or information found in any Communication Service and, therefore, State of the Art Agency specifically disclaims any liability with regard to the Communication Services and any actions resulting from you participation in nay Communication Service. Managers and hosts are not authorized State of the Art Agency spokespersons, and their views do not necessarily reflect those of State of the Art Agency.
Materials uploaded to a Communication Service may be subject to posted limitation on usage, reproduction and/or dissemination. You are responsible for adhering to such limitation if you upload the materials.
Materials provided to http://sota.agency or Posted on Any State of the Art Agency Web Page
State of the Art Agency does not claim ownership of the materials provided to http://sota.agency (including feedback and suggestions) or post, upload, input or submit to any State of the Art Agency Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting State of the Art Agency, our affiliated companies and necessary sublicenses permission to use you Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat you Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. State of the Art Agency is under no obligation to post or use any Submission you may provide and may remove any Submission at any time to State of the Art Agency’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to you Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administrated by State of the Art Agency from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all the local laws. You agree that you will not use the State of the Art Agency Content accessed through http://sota.agency in any country or in any manner prohibited by any applicable laws, restriction or regulations.
Release of Claims. In no event will State of the Art Agency will be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on the Site, Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and State of the Art Agency agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STATE OF THE ART AGENCY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
STATE OF THE ART AGENCY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDUIT OF ANY KIND.
STATE OF THE ART AGENCY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STATE OF THE ART AGENCY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDED SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IN STATE OF THE ART AGENCY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOW ALLOW THE EXCLUSION OR LIMITATION FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Purchases and Online Commerce
If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a PayPal invoice instead, you are required to manually pay it by the date due on the invoice or your Program, Product or Service will be put on hold until payment is made.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.
If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.
All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
All Subscription services are subject to a 1 year commitment. Upon registering for the subscription you are required to continue payment for a full year until canceling.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
Termination/Access Restriction
You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an e-mail to info@sota.agency.
State of the Art Agency reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.
All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of the New Jersey and you hereby consent to exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relations exists between you and State of the Art Agency as a result of this agreement or use of the Site. State of the Art Agency’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of State of the Art Agency’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by State of the Art Agency with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and State of the Art Agency with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and v with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
State of the Art Agency reserves the right, in its sole discretion, to change the Terms under which http://sota.agency is offered. The most current version of the Terms will supersede all previous versions. State of the Art Agency encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
State of the Art Agency welcomes your questions or comments regarding the Terms:
Effective as of January 28th, 2020