Terms of Use for Course(s) and Programs with K Moon (Kay Moon Astro)

The terms of use herein (“Terms”) are representative of an agreement between you (“You,” “The Student”) and K Moon (“K Moon Astro,” “We,” ”Us” or “KMA”) and govern your use of both free and purchased content through KMoonAstro.com, https://kmoonastro.thinkific.com, and anywhere else content and Course(s) (“Course(s)”) by Kay Moon may be purchased or distributed. By using this site, purchasing, and or enrolling in Course(s) with K Moon, The Student acknowledges they have read, understood, agree to comply with, and be legally bound by The Terms. 

  1. Copyright and Intellectual Property Rights 

All material and Course(s) appearing on the K Moon website and provided through 3rd party class platforms are protected by copyright under U.S. Copyright laws and are the property of K Moon or the party credited as the provider of the content. This includes but is not limited to any and all graphics, videos, photographs, images, artwork, text, fonts, software, and other technology, and the contents, design, layout, functions, appearance, and other intellectual property, comprising the Course(s). The foregoing ownership rights include all Intellectual Property Rights inherent in or pertinent to the Course(s). The Course(s) are also protected by copyright as a collective work and/or compilation, pursuant to Canadian and U.S. copyright laws, international conventions, and other copyright laws. K Moon retains all rights in the Course(s), including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.

All content provided is for non-commercial, individual use only. You may not share, copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any network, including social networks, local area networks, content distribution platforms, sell or offer it for sale, or use such content to construct any kind of database. You may not alter or remove any copyright or other notice from copies of the content on K Moon’s website or 3rd party class platforms. Copying or storing any content except as provided above is expressly prohibited without prior written permission of K Moon or the copyright holder identified in the individual content’s copyright notice. Violation of copyright policy stated herein exposes the violating party to legal action in addition to strict prohibition from all future services rendered by K Moon in perpetuity. 

The copyright and all other rights in all of the material on this site are owned by K Moon and related companies, or the material is included with the permission of the rights owner. All rights are reserved. As a visitor to this site and a customer of the Star School or Mentorship Course(s), you may copy or transmit material for your own private, non-commercial purposes only and shall not otherwise copy or transmit the material.

No part of this website or its contents may be distributed, used, adapted, reproduced, translated or copied for any commercial purpose whatsoever.

  1. Your Content and Contributions

We may provide the opportunity for you to provide information, content, or materials (“Your Content”) through the medium of The Course(s), including by commenting on discussion posts, by communicating with us directly, including your active video involvement through Zoom or other video-based webinar platforms for which you may be visible throughout the course session, or through other forums. You grant K Moon and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferable permission, right and license to reproduce, display, perform, transmit, modify, publish, sell, create derivative works from and otherwise use Your Content in any formats or media (including the recording of the above noted video-based course sessions) now known or hereafter devised, in connection with our provision or promotion of information products or services. The Student acknowledges and agrees that by enrolling in and taking any course(s), that your video image and likeness, name, and involvement in any manner may be captured and subsequently displayed within our video library, which is accessible by all Course members. Further, you agree to hold harmless and release K Moon from any and all present and future liability associated with your disclosure of personal information in the process of participating in The Course(s). You agree to take full responsibility for the content, repercussions and impact of your disclosures and contributions to The Course(s), be they inadvertent, unintentional or intentional repercussions.

  1. Your Behavior and Conduct

  1. The Student agrees they will not: (I) use The Course(s) in a manner that 

(a) violates any applicable international, federal, state, provincial or local laws, regulations, rules, ordinances, statutes, requirements, codes, or orders of any governmental or judicial authorities; 

(b) is fraudulent, deceptive, or misleading; 

(c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic, or obscene; 

(d) violates or infringes upon K Moon’s or other students rights of privacy, confidentiality, publicity, or other personal rights to privacy or confidentiality;

(e) distributes, replicates, divulges, reveals, or manipulates personally identifying information about other students within The Course(s) for any reason, whatsoever;

(f) violates any contractual or fiduciary obligations by which you, your assignees; company, or business are already bound; 

(g) infringes on any copyrights, trademarks, service marks, trade secrets, patents, or other intellectual property rights (collectively, “Intellectual Property Rights”); 

(h) has an adverse effect on our business, reputation or ability to provide The Course(s); 

(i) would otherwise be reasonably deemed objectionable under the circumstances; 

(II) violates any program guidelines applicable to use of particular Course(s) or interfere with, impair or disrupt the ability of others to use such Course(s); 

(III) uses the Course(s) so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information; 

(IV) violates or attempt to violate the security of the Course(s); 

(V) reverse-engineers, decompiles, or disassembles any portion of the Course(s); 

(VI) “scrapes” information from the Course(s) by automated means; 

(VII) interferes with the ability of others or permit any unauthorized access to or use of any Course(s) that you have licensed or to any password applicable to your account for the Course(s); 

(VIII) uses, redistributes, or resells any of the Course(s) or other content, or 

(IX) reproduces, modifies, displays, distributes, sells, re-sells, distributes, publishes, discloses, videotapes, shares, divulges, transfers, exploits or creates derivative works from any of the Course(s), including any materials, in whole or in part, except as expressly provided in these Terms. 

  1. Further, The Student agrees the discussions, questions, and information from other students described under Your Content represent Confidential Information. You agree at all times to hold in trust, keep confidential and not disclose to any third party or make any use of the Confidential Information beyond those activities that are part of The Course(s). Also included as confidential is any participants' Personally Identifiable Information (“PII”). PII shall mean a person’s identity or information that might reasonably allow identification of the person. The Student acknowledges they shall at all times hold in trust, keep confidential and not disclose to any third party or make any use of the identity or PII of any other Student involved in The Course(s).

Failure to abide by these terms, willful or accidental, will result in the immediate discontinuation of access to The Course, without refund and without notice; in addition to expulsion from any other Course(s) or services rendered by K Moon without refund and without notice. Further, policy violations render the violator excluded from future purchases of Course(s), content, and services rendered by K Moon in perpetuity.

4. Course Availability

K Moon grants you a non-exclusive, non-transferable, revocable license to use the Course(s), including the materials (subject to payment, where applicable), for your personal use only, in accordance with The Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Course at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use any materials within the Course(s), without providing any refund or canceling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.

5. Fees

You may purchase licenses to access certain Course materials through a one-time payment or in monthly installments, as specified on the Sites. When you make a purchase, you authorize us to charge the credit, debit card, or PayPal account you provide on a one-time or monthly basis, according to the selected payment plan. We reserve the right to cancel any order for any reason. Possible reasons for cancellation include but are not limited to the following: fraudulent or potentially fraudulent orders, incorrect pricing, breach of these Terms of Use, or non-payment.

6. Refunds

Unless otherwise stated, The Course(s) are refundable up to 48 hours before the course start date. Once the course has begun, it is non-refundable. If you have purchased a course while it is in progress or recording-only access to The Course, The Course is non-refundable as access to content is granted upon purchase while a course is in session. All payments made for Course(s) are non-exchangeable and non-transferable to other services. Partial refunds are not provided under any circumstances. Some of The Course(s) sold by K Moon have their own refund policy noted on the purchase page and/or check-out page. If you have questions about a specific policy, please email krysalismoon@gmail.com before you purchase. If you receive a refund for The Course, you will have no further right to use that Course. K Moon retains the sole discretionary right to determine whether you satisfy the eligibility criteria for a refund. For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Course.

7. Indemnity

You agree to indemnify, defend and hold harmless K Moon and affiliates, officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Course(s), or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. K Moon reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

8. Limitation of Liability and Disclaimer

By purchasing The Course, The Student assumes full responsibility and risk for their use of the Course. This includes but is not limited to all Course(s) provided “as-is or in a recording-only format without representations or warranties of any kind, either expressed or implied, including warranties of merchantability, or fitness for use. 

While we work in good faith to ensure the information on this site and in The Course(s) are accurate and complete, in no circumstances do we accept liability arising from inaccuracy or omission in the information on this site. We will continue to make reasonable efforts to update and correct errors or omissions in due time. We advise you to independently verify the accuracy of any information garnered from The Course(s) and from the K Moon website before relying on it. K Moon makes no claims that the information provided in The Course(s) will meet your requirements. We provide no guarantees as to the results available through the use of the information included in The Course(s) or on The Site. 

Neither K Moon nor the suppliers of material on this site and in The Course(s) shall be responsible for or liable for any loss or damage to you or any third party, whether direct, indirect, incidental, or consequential, in any format arising from the use of The Site or The Course(s). K Moon is not liable for any loss or damage you suffer as a result of relying on any information on this site. In no event will K Moon or affiliates be liable for any indirect, punitive, incidental, special, or consequential damages arising from or in any way connected with your use of, delay in the use of, or inability to use the Course(s). Our liability for any direct damages shall be limited to the number of fees paid for The Course(s) giving rise to the liability. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and thus the aforementioned limitation may not apply to you. If this limitation of liability or the exclusion of warranty detailed herein is held inapplicable or unenforceable for any reason, K Moon’s maxim liability for any type of damages shall be limited to the lesser of I) a refund of the amount paid for The Course at issue or II) $144.00 USD. 

The Student assumes all responsibilities and obligations with respect to any decisions, advice, conclusions, or recommendations made or given as a result of using The Course(s), including without limitation any decision made or action taken by you in reliance upon The Course(s). The information provided in The Course(s) shall not constitute or be construed as a recommendation, solicitation, offer, or opinion by K Moon or affiliates, principles, or content providers, for any financial transaction or the purchase of any financial instrument, including but not limited to securities, or any kind of investment. 

The Student assumes all responsibility and risk for their use of The Course(s). There is no guarantee that you will achieve any particular results or earn any money using the information provided in connection with The Course(s). All information provided in connection with The Course(s) is intended for educational purposes only, for a general audience, and not as specific advice tailored for an individual or business. None of the information provided in connection with the services shall be construed to constitute medical, psychological, financial, accounting, legal, or other professional advice. You are encouraged to consult with an appropriately licensed professional when such advice is needed. 

9. Binding Arbitration

Any controversy, dispute or claim arising out of, in connection with, or in relation to, the construction, performance, or breach of this Agreement shall be adjudicated by arbitration conducted in accordance with the existing rules for commercial arbitration of the American Arbitration Association, or any successor organization in New York (the “AAA”), as determined by the party initiating the arbitration. The demand for arbitration shall be delivered in accordance with the notice provisions of this Agreement. Arbitration hereunder shall be conducted by a single arbitrator selected jointly by the parties hereto. If within thirty (30) days after a demand for arbitration is made, the parties hereto are unable to agree on a single arbitrator, three arbitrators shall be appointed. Each party shall select one arbitrator and those two arbitrators shall then select within thirty (30) days a third neutral arbitrator. If the arbitrators selected by the parties cannot agree on the third arbitrator, they shall discuss the qualifications of such third arbitrator with the AAA prior to selection of such arbitrator, which selection shall be in accordance with the existing rules of the AAA. If an arbitrator cannot continue to serve, a successor to an arbitrator selected by the parties shall be also selected by the same party, and a successor to a neutral arbitrator shall be selected as specified above. A full rehearing will be held only if the neutral arbitrator is unable to continue to serve or if the remaining arbitrators unanimously agree that such rehearing is appropriate. Any discovery in connection with arbitration hereunder shall be limited to information directly relevant to the controversy or claim in arbitration. Judgment upon any arbitration award rendered may be entered in any court of competent jurisdiction. EACH PARTY HERETO UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION, OR PROCEEDING RELATING TO THIS AGREEMENT.

10. Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Services, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.

11. Updates

We may modify these Terms at any time by posting updates on the Sites; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed or you first use any of The Course(s) following the date of such posting, (ii) the changes will only apply with respect to your use of The Course(s) after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, The Course(s). If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access The Course(s).

12. Linked Material

The Course(s) may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.

13. Protected Material

By becoming a student of The Course(s) and purchasing content from K Moon, you agree that you will not distribute, copy, or create any content that is recognizably similar to any content within the School without the express consent of K Moon. By agreeing to these conditions, you hereby accept any and all material pertaining to K Moon's work (Course(s), workbooks, office hours, Q & A sessions, or any other content through The Course(s)) as owned solely by K Moon, and you will not replicate it in any form.

14. Miscellaneous

No joint venture, partnership, employment, or agency relationship exists between you and K Moon as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you (date of purchase for The Course unless otherwise stated). These Terms represent the entire agreement between you and K Moon with respect to the subject matter hereof, and supersede any and all prior understandings, statements, or representations, whether electronic, oral, or written, regarding the Services. K Moon may assign these Terms at her discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, K Moon shall be entitled to seek equitable relief where appropriate if you breach any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to K Moon. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with The Course(s). Notices to us shall be sent by email to krysalismoon@gmail.com.