Terms Conditions Privacy

FUNtastic Entertainment & Events, LLC d/b/a BST Circle

Please read the following terms of use relating to your use of this site, and all the sites listed below under our brand, carefully. By using these sites, you agree to these terms of use. We reserve the right to modify these terms at any time, so please check this page periodically for changes. By using these sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms of use, please do not use this site or any of our sites.

The Site is for persons 21 years of age and older. Do not use the Site or send us information if you are under 21. We do not knowingly collect information about anyone under 21, and if we discover that we have personal information about somebody under 21, we will delete it as soon as possible. If you think we have personal information about somebody under 21, please contact us as soon as possible at BSTCircle @ gmail . com

Owners and Collectors of Information

These terms of use apply to your use of all of the Sites and services owned or operated by FUNtastic Entertainment & Events, LLC dba BST Circle (collectively “we,” “us,” or “our”) on any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these terms of use include all such Sites. These terms of use do not apply to your use of unaffiliated Sites to which any of the Sites may link to or direct you to.

If you have any questions about these terms of use you may contact us at:

FUNtastic Entertainment & Events, LLC dba BST Circle

BSTCircle @ gmail . com

Please note that the “Terms of Use” are different and separate from the "Privacy Policy" associated with use of our Sites & how we collect and use data and the “Terms and Conditions” associated with registering for any of our live events and seminars.

Restrictions

The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. All information on the Sites is copyrighted by FUNtastic Entertainment & Events, LLC dba BST Circle. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.

Links

These terms of use apply only to our Sites, and not to the Sites of any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site. Other Sites may link to our Sites by permission only. To seek our permission, you may contact us at the information above. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Sites, and to require termination of any such link to any of the Sites, at our discretion at any time.

Events, Information, and Speaker Changes

The events, information, and speakers listed on our Sites are subject to change without notification.

Submissions

We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our seminars or within our newsletters or products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.

Forums

A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.

Registration

We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms of use of use, any of the forum member guidelines or for any other behavior that we in our discretion believe is inappropriate.

Disclaimers

The information, services, products, claims, seminar topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and those that are clearly labeled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.

Limitation of Liability

Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.

Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Sites or at one of our events.

We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.

No Professional Advice

The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

Earnings Disclaimer

When addressing financial matters in any of our Sites, videos, emails, newsletters, programs, live events, membership, or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to improve your life or grow your business. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any “get rich schemes” on any of our Sites. Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no financial, medical, psychological, or legal matters advice.

Parental Permission

The Sites are not directed to anyone under the age of 13 and we will not knowingly collect personally identifiable information from anyone under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Mature Content

On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth. Users who are uncomfortable with such topics or language should not use our Sites.

Confidentiality and Non-Compete

Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.

Owners and Collectors of Information

These terms of use apply to your use of all of the Sites and services owned or operated by FUNtastic Entertainment & Events, LLC dba BST Circle (collectively “we,” “us,” or “our”) and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these terms of use include all such Sites. These terms of use do not apply to your use of unaffiliated Sites to which any of the Sites may link to or direct you to.

If you have any questions about these terms of use you may contact us at:

FUNtastic Entertainment & Events, LLC dba BST Circle

BSTCircle @ gmail . com

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

When you submit information to us or visit any of our Sites, we use it in an ongoing nature to ensure you receive the information or purchases you’ve made with us, to deliver relevant future content via our email newsletters, to track how much you use our Sites or services, and to make future offers through our company or any other company that is involved in delivering your purchases, bonuses or content. By giving us your contact information at any time, you are granting us the right to contact you in the future in any manner necessary at our discretion for ongoing personal and professional development. You can unsubscribe from our email newsletters at any time by clicking the unsubscribe link found at the bottom of all of our emails.

Outside Sites (Their Privacy Policies May Be Different)

The Site contains links to other websites, like our sponsor’s websites or links to booksellers, that may offer products or services that our customers might find useful. These sites may request information from you. In such instances, the collection and use of your personal information will be governed by the privacy policy applicable to that site. We do not control the privacy policies, contents or links that appear on these sites. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.

How and Why We Collect Information

We collect your information in order to record and support your participation in the activities you select. If you register for an event, for example, the information is used to reserve your seat, to track your preferences, and to keep you informed about the seminar and related events. As a visitor to our Sites, you can engage in many activities without providing any personal information. If you visit our websites, we may use Facebook, Google or other tracking tools to understand your behavior on our websites and to deliver advertising to you in the future. To learn more about our "Cookies, Pixels, Data Storage & Data Usage" policy, please see below.

In connection with other activities, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP code), e-mail address, telephone, credit card, and other personal information. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission.

If you supply us with your contact information you may receive periodic e-mails, mailings or calls from us with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by emailing us at BSTCircle @ gmail .com. You can also write us or call us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately.

When you use our Sites, we or our authorized technology services provider may also collect certain technical and routing information from you to facilitate your use of the Site and its services. We use this information to administer the Site and to understand and measure traffic patterns on the Site so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by us or our technology services provider by using “cookies” during your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.

Cookies, Pixels, Data Storage & Data Usage

We do not store any information about you on our servers other than that which you submit into one of our forms, and in any case we hold your sensitive information like your credit card information we use software that keeps it encrypted. Any other information stored happens via cookies or pixels as described above, and as facilitated via 3rd party tools (i.e Facebook, Google, etc). Here is an example of how we may use any information to better communicate with you:

· Provide and administer the Services, including to display customized content and facilitate communication with other users;

· Process your requests and orders for courses, products, specific services, information, or features;

· Communicate with you about your account by:

· Responding to your questions and concerns;

· Sending you administrative messages and information, including messages from instructors and teaching assistants, notifications about changes to our Service, and updates to our agreements;

· Sending you information and in-app messages about your progress in courses, rewards programs, new services, new features, promotions, newsletters, and other available courses (which you can opt out of at any time);

· Sending push notifications to your wireless device to provide updates and other relevant messages (which you can manage from the “options” or “settings” page of a mobile app);

· Manage your account preferences;

· Facilitate the Sites’ technical functioning, including troubleshooting and resolving issues, securing the Services, and preventing fraud and abuse;

· Solicit feedback from users;

· Market and administer quizzes, assessments, surveys and promotions

· Learn more about you by linking your data with additional data through third-party data providers or analyzing the data with the help of analytics service providers;

· Identify unique users across devices;

· Tailor advertisements across devices;

· Improve our Sites and develop new products, services, and features;

· Analyze trends and traffic, track purchases, and track usage data;

· Advertise the Services on third-party websites and applications;

· As required or permitted by law; or

· As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Services.

When you submit information to us, then, we use it in an ongoing nature to ensure you receive the information or purchases you’ve made with us, to deliver relevant future content via email, phone, text, postal or social media message, and to make future offers through our company or any other company that is involved in delivering your purchases.

Many of our company and any other company's product and services is in the form of coaching & training. To deliver that coaching, we share your information with systems so that our company, agent or other company can contact you to schedule that coaching & training you received as part of your purchase. At any time, you can contact us not to have your information shared with such service providers, but you may lose access to certain purchases if you do not allow the delivering third-party to contact you.

As most of our programs are for ongoing educational purposes in the field of personal and professional development, you should assume we will continue to contact you in perpetuity via email, phone, postal, text message, or social media in order to deliver our services, serve you related content, make recommendations, learn about your preferences, grant you products, deliver programs to you with or from other platforms or companies, advertise to you or look alike audiences, send you surveys, and other fulfillment or marketing purposes.

By using our site(s) and submitting any information with us, you agree to these terms without exception and agree to waive liability and not hold us liable for any use of your information, in perpetuity, under any circumstances, including waiving your right to participate or initiate any class action complaints.

Again, if you want us to no longer contact you, just write us at BSTCircle @ gmail .com anytime with your request and we will begin removing you from our services or content as appropriate and as soon as we can.

Exceptions to Privacy Policy

While we are committed to keeping your information secure and private, we have the following exceptions to our privacy policy: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change. Further, the information you enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions. Please note that if you give out personal information online through a discussion board or posting site, that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.

Miscellaneous

These terms will be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to mediation in the State of Pennsylvania. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions. These terms may be modified only by our posting of changes to these terms of use on our Sites.

TERMS OF CONDITIONS, DISCLAIMERS AND CONDITIONS FOR ALL PROGRAMS

(including BST Circle events and programs with BST Circle members, guest speakers and/or anyone representing BST Circle)

This Acceptance of Terms and Conditions (the “Agreement“) and the applicable registration or order form (the “Registration Form“) for participation in the Programs and its related courses, materials, websites and associated programs (collectively referred to as the “Program”) sets forth the terms of the relationship between FUNtastic Entertainment & Events, LLC dba BST Circle (“BST“) and you as the purchaser or consumer (“you“) as it relates to the Program. You and BST may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by participating in the Program.

1. Term of Agreement. The term of this Agreement shall begin upon BST’s acceptance of your enrollment in the Program (the “Effective Date“) and shall end upon completion of the Program for which BST has accepted your enrollment or upon termination by either Party. Either you or BST may terminate this Agreement at any time, with or without cause, by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date of termination.

2. Program Participation Payments. In consideration of the products and services provided as part of the Program, you agree to pay BST the applicable amount(s) agreed upon during the enrollment process (the “Program Payment”). BST must receive full payment of the agreed upon Program Payment before any products, services or other benefits of the Program will be provided to you, including the sending of materials or starter kits, attendance at in-person events, and/or scheduling or holding coaching sessions. Failure to make any payment or otherwise deviate from any payment terms agreed to by the Parties during or after your enrollment to the Program will result in all Program products and services being suspended until payment is made. BST, at its sole and absolute discretion, may allow you to pay the Program Payment in installments or periodic payments together with any interest or other service charges. Any deviation in payment terms may, at BST’s sole and absolute discretion, result in an immediate acceleration of all sums due and owing by you for participation in the Program. Suspension of Program products and services, however, does not release you from the obligation to make all payments owed to BST for participation in the Program or for other fees associated with your enrollment in the Program or the receipt of any products or services.

3. Program Description. During the course of the program, you will unlock the secrets of identifying and tasting multiple variations of spirits by learning techniques brought to you by BST. The program(s) will provide you with access to an exclusive membership website, in-person events featuring BST creators and partners, live webinars and other materials. The program will cover such topics as spirits culture, influence, education, history, distilling processes, and special events.

4. Program Participation at Your Own Risk. You acknowledge and agree that you are not guaranteed to achieve any specific personal, professional or financial results or earn any specific amount of income by participating in the Program. BST makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your use of such information, products and services. BST does not provide psychological, investment or financial advice.

5. No Refunds. Unless otherwise provided below or in the Registration Form, the funds paid for Program participation, any component of the Program, services, materials and products are nonrefundable. All funds paid by you are deemed earned by BST upon receipt.

6. Accommodation. You are responsible for paying for your own transportation, parking, accommodation and meals associated with any in-person training, coaching or other events associated with participating in the Program.

7. Ownership Rights and Proprietary Information. BST and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information made by BST (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by BST (or its affiliated entities) in connection with the Program or any Proprietary Information (as defined below). You agree that all materials provided by BST as part of the Program, which are confidential and proprietary in nature, will constitute BST’s “Proprietary Information.” You will hold in confidence and not disclose or copy any Proprietary Information, except with the prior written consent of BST.

8. Intellectual Property. You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and copyrighted materials (the “BST Intellectual Property”) associated with the Program and their associated websites are proprietary to BST and its affiliated entities. You will not take any action that would interfere with or infringe upon the BST Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the BST Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the BST Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the BST Intellectual Property; (iv) use of any BST Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of BST and (v) any action that would pass off or create the appearance of an association with or endorsement by BST.

9. Consent to Use Likeness. By participating in the Program, you expressly grant BST consent to capture, record, replicate, reproduce, publish and otherwise disseminate your name and likeliness in any and all promotional, educational or other means derived from the Program sessions or any portion of the Program.

10. Modification. BST may modify or amend any of the terms and conditions contained in this Agreement, at any time and in BST’s sole discretion, by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment/modification. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in a Program following the posting of a change notice or a new version of the Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.

11. Indemnification. You will indemnify, hold harmless and defend BST (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) resulting from or arising out of your actions, your participation in the Program or your violation of this Agreement or applicable law.

12. Assignment. You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without BST’s prior written consent.

13. Limitation of Liability. BST (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your participation in the Program, even if BST or its affiliated entities knew or should have known of the possibility of such damages. Further, BST’s aggregate liability arising with respect to this Agreement and the applicable Program will not exceed the total amounts paid or payable by you under the Program.

14. Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against BST, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.

15. Arbitration. Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), will be exclusively (except as provided below) resolved by binding arbitration before the American Arbitration Association (AAA). One arbitrator will be selected using AAA procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law, within 30 calendar days after the conclusion of the arbitration hearing. The arbitrator will not award attorney’s fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section, or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in Pittsburgh, Pennsylvania. Both Parties hereby give their irrevocable consent to the processes of the AAA in Pennsylvania, as well as the jurisdiction of the courts of Butler County, Pennsylvania for enforcement purposes. Awards will be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

16. Legal Age. By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.

17. Relationship of Parties. You agree that by participating in the Program you are acting as an independent contractor, and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.

18. Miscellaneous. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. BST’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of BST’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement, along with the Registration Form for the Program, constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.

TERMS OF CONDITIONS, DISCLAIMERS AND CONDITIONS
FOR ALL FUNTASTIC EVENTS & ENTERTAINMENT AND/OR BST CIRCLE EVENTS

Please carefully read the following terms and conditions relating to your participation in any of BST’s events and seminars, which are conducted by FUNtastic Entertainment & Events, LLC dba BST Circle (“Promoter”). These terms and conditions are relevant to all FUNtastic Entertainment & Events, LLC dba BST Circle events, seminars, workshops, speaking engagements, and any other event FUNtastic Entertainment & Events, LLC dba BST Circle promotes and operates now and in the future, whether in-person or online. For the purposes of this site, and since registrants may register for only one event at a time, all events and seminars will be referred to from here forward in the singular tense as simply the “Seminar.”

By registering for the Seminar at any one of our locations (“Hotel”), you (the “Attendee”) signify your acceptance of and obligation to these terms and conditions. If you have objections to the following Terms and Conditions, you should not register for or attend any FUNtastic Entertainment & Events, LLC dba BST Circle event.

Attendee Conduct

Promoter requires all Attendees to be respectful and professional to our staff, location hosts, speakers, and other attendees and their guests or families throughout the Seminar, even during non-scheduled downtime and breaks. Promoter reserves the right to ask Attendee and/or their guests to leave the conference room and Hotel immediately should they be deemed rude, uncooperative, unprofessional, intoxicated or in possession of alcohol or any illegal substance. In such case, the Attendee’s tuition/fees for the Seminar will not be reimbursed under any circumstances and they will not receive any future products, services or correspondence from Promoter. Attendee will also not receive any of our advertised bonuses or qualify for our satisfaction guarantee or any other written or implied guarantee.

Liability Waiver

While we take every possible measure to ensure Attendee safety at the Seminar, we can not control everything. For this reason, Attendee is legally responsible for their safety and behavior and agrees to, and is held legally liable to, the following statements:

I, the willing Attendee of the Seminar, hereby accept all risk to my health and of my injury or death that may result from participating in the Seminar and I hereby release Promoter, Kiana Laurin Tralongo, and their officers, employees, interns, contractors, sponsors and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation at the Seminar, whether caused by negligence of the Promoter, its governing board, officers, employees, or representatives, or otherwise. I further agree to indemnify and hold harmless Promoter, Kiana Laurin Tralongo and any third-party company from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the Seminar. Under no circumstances will Promoter or Kiana Laurin Tralongo or their assigns be held liability for my injury or death or any loss or damage of my personal belongings resulting from my participation in the Seminar. Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Seminar, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify Promoter verbally and in writing if I am at any time injured prior to, during, or after the Seminar in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that Promoter is not legally obligated to act on that information in any way or to providing any medical service whatsoever to me. I agree that if I have any medical or psychological conditions that may hamper me from fully and healthfully participating in the Seminar that I will notify the Promoter and that the Promoter retains the right to ask that I not participate in portions of or the entirety of the Seminar.

Liability Disclaimer: No Professional Advice

The information contained in or made available by the Promoter, Kiana Laurin Tralongo, or any third-party through the Seminar or their websites or services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, financial, medical, psychological, or legal fields. Promoter does not offer any professional personal, medical, financial or legal advice and none of the information contained in the Seminar should be confused as such advice. Neither Promoter, Kiana Laurin Tralongo nor their assigns, sponsors, speakers, partners, contractors or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages to the Attendee or the Attendee’s business, including economic loss, that may result from participation in the Seminar or from the use of, or the inability to use, the materials, information, or strategies communicated through the Seminar or any products or services provided pursuant to the Seminar, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will Promoter or Kiana Laurin Tralongo be liable for any special or consequential damages that result from Attendee’s participation in the Seminar. To be clear: You, the Attendee, alone are responsible and accountable for your decisions, actions and results in life, and by your participation in our Seminar, you agree not to attempt to hold us, the Promoter or Kiana Laurin Tralongo, liable for any decisions, actions or results that you make or experience in business or in life due to your participation in this Seminar at any time, under any circumstance.

Confidentiality and Non-Compete

Attendee hereby understands that the tools, processes, strategies, materials and information presented in the Seminar are confidential, copyrighted, and proprietary to the Promoter and agrees not to record, duplicate, distribute, teach or train from the Seminar materials in any manner whatsoever without the express written permission of Promoter. Any unauthorized use or distribution of these proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.

Adult Content

During events, we will discuss several adult topics relating to personal and professional growth. We will also occasionally use adult or profane language to emphasize a point or connect with or surprise the audience (though we will never be lewd, and we will always use tact and discretion in doing so). Participants who are uncomfortable with such topics or language should not attend the events.

Audio/Visual Rules and Release

Attendees may not, under any circumstance, use any type of recording device to capture the information provided at the Seminar. No recording devices, photography or videography is allowed in the Seminar room.

By participating in the Seminar, Attendee understands that portions of the Seminar’s live events may be recorded in video and audio and/or captured in still and/or digital photographs by the Promoter. Attendee agrees that the Promoter and its assigns have the right and permission to use such recordings and photographs should they include Attendee’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Attendee. Attendee understands and agrees that all recordings from the Promoter’s events are the exclusive rights of the Promoter and Attendee does not ask for or expect compensation for the use of recordings or photographs in which Attendee appears or speaks. Promoter owns all rights of any audio, video, and/or photograph captured during the Promoter’s Seminar or at any of the Promoter’s other live events.

By visiting our event sites and participating in the Seminar, Attendees acknowledge and agree that they are subject to the Privacy Policies and Terms of Use of the promoter, which are listed at: /terms

Cancellation Policy

Once Attendee registers for the Seminar, we make extensive arrangements and investments while anticipating their tuition and attendance, and, in the case of their cancellation, we incur significant administration hassles, expenses, and loss of business. Given this fact, we do not accept cancellations or issue refunds beginning 3 days after Attendee has registered for the Seminar. If Attendees cancels within 3 days of registering they will receive a full refund, but any Attendee seeking to cancel their registration after 3 days will not, under any circumstances, receive a refund. Again, this is due to the extremely limited seating for an event of this nature and with this caliber of speakers. If you are unsure of whether or not you can attend the event, do not register. If for whatever reason you are unable to attend the event after you have registered and after 10 days have passed since registering, we will happily transfer your ticket to someone else or allow you to attend a future Kiana Laurin Tralongo and/or FUNtastic Entertainment & Events, LLC dba BST Circle event on the same topic at our sole discretion.

Earnings Disclaimer

We’ve taken every effort to ensure we accurately represent our products & services and its potential to help you achieve success and/or grow your business. However, there is no guarantee that you will earn any money or achieve success using the techniques you learn or have implemented. Nothing on our websites and communications is a promise or guarantee of earnings. Your level of success in attaining similar results discussed is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation. Because these factors differ according to individuals, we cannot guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our sites or in our Seminar are simply our expectations or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. As stipulated by FTC law, we make no guarantees that you will achieve any results from our ideas, products, or services, and we offer no professional, legal, psychological or financial advice.

Satisfaction Guarantee

As stated on our Site and in our marketing materials, we guarantee that Attendees will be 100% satisfied with the Seminar should they attend the entire event. Satisfaction is defined as the Attendees belief that we have delivered on what we have promised in promoting the Event based on our Event registration site(s). If Attendees are not satisfied at the conclusion of the event after having attended the entire event, and they notify us in the manner described herein, we will refund their tuition to the Event. Participants who are not satisfied with the Event must, at the immediate conclusion of the Event, verbally notify one of our staff members of their dissatisfaction. Unsatisfied Attendees must also turn in all of their course materials as well as their personal notes taken from the Event. In some cases an Unsatisfied Attendee may be asked to submit a letter explaining their reasons. Any reimbursements will be made within 30 days of the event. All reimbursements are at the sole discretion of the Promoter and all Promoter decisions are final and binding. Any statements of dissatisfaction or requests for refunds received after 24 hours of the event will not qualify for this guarantee. Any reimbursement provided will cover ONLY the cost of admission and will not include travel, lodging & meal expenses.

Note: A guarantee represents a promise about the quality of services delivered; if an attendee never experienced the services (i.e. attends the Seminar), the guarantee obviously does not apply. Further, the guarantee cannot be substituted or confused with the Cancellation Policy.

For correspondence, contact:

FUNtastic Entertainment & Events, LLC dba BST Circle

Review and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Pennsylvania. Any person interacting with our website, products, or services agrees that any dispute that arises out of or relates to these Terms will be resolved via non-binding mediation in the State of Pennsylvania via a professional mediator obtained by the Promoter and if a successful mediation is not reached, to binding arbitration arbitrated in the State of Pennsylvania in accordance with the policies set forth by the American Arbitration Association. If any of these Terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.

Updates

The following TERMS OF USE & CONDITION, PRIVACY POLICY & EARNINGS DISCLAIMER are subject to change at any time and at the sole discretion of the Site owner and operator. For those who have provided information in the form of a name, email, phone number, or any form of contact will be notified within 7 business days of any changes to this policy.

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