Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to the Dr. Dain Heer Online Store. The Dr. Dain Heer Online Store is operated by Access Consciousness LLC ("we," "us," or "our").
Access Consciousness LLC operates this store and website, including all related information, content, features, tools, digital products, and services offered through the store (collectively, the "Services"). The Dr. Dain Heer Online Store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.
Please read these Terms of Service carefully. By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms of Service and our applicable policies, including our Privacy Policy and Refund Policy.
If you do not agree to these Terms, you should not use or access the Services.
SECTION 1: ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have the consent necessary under applicable law to use the Services.
To use certain Services or purchase products, you may be asked to provide information including your name, email address, billing information, and payment information. You represent that all information you provide is accurate, current, and complete and that you have the right to provide it.
You are responsible for maintaining the security of any account credentials associated with your purchases and for activity occurring through your account.
SECTION 2: DIGITAL PRODUCTS AND SERVICES
The Dr. Dain Heer Online Store sells digital products and services. No physical products are shipped unless a particular product listing expressly states otherwise.
Digital products may include online courses, recordings, audio content, video content, downloadable materials, workbooks, digital resources, or access to online programs.
We make reasonable efforts to describe our products accurately. Product descriptions, content, availability, features, and pricing may be changed at any time without notice.
We reserve the right to discontinue a product or service at any time and to limit availability where reasonably necessary.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase the selected digital product or service.
We reserve the right to accept or decline an order where reasonably necessary, including in cases involving suspected fraud, payment problems, pricing errors, technical errors, or violations of these Terms.
Your order is accepted when payment has been successfully processed and the purchase has been confirmed.
Please review your order carefully before completing your purchase.
Purchases are subject to our Refund Policy.
SECTION 4: PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the price displayed at the time your order is submitted, subject to correction of obvious errors.
Applicable taxes may be added as required by law.
You agree to provide accurate and current purchase and payment information and represent that you are authorized to use the payment method provided.
Promotional offers may be subject to additional terms disclosed with the promotion.
SECTION 5: DIGITAL DELIVERY AND ACCESS
Products purchased through the Dr. Dain Heer Online Store are delivered electronically.
Following a successful purchase, customers will generally receive access information by email. Digital products may be hosted and delivered through Kajabi or another online platform used by Access Consciousness LLC.
You are responsible for providing an accurate email address at checkout and for maintaining access to that email account.
Delivery times may vary slightly because of payment processing, email delivery, automated account creation, or other technical processes.
If you do not receive access information after completing a purchase, please contact us at:
dainkajabi@accessconsciousness.com
We will assist with verifying your purchase and providing access to the product.
SECTION 6: REFUNDS AND CANCELLATIONS
Because the products sold through the Dr. Dain Heer Online Store are digital products and access is generally provided electronically following purchase, purchases are nonrefundable once digital access has been provided, except where otherwise required by applicable law.
We may, at our discretion, make exceptions to this policy based on the circumstances of an individual purchase. Any exception does not create an obligation to provide the same exception in other circumstances.
If you believe you were charged incorrectly, made a duplicate purchase, experienced a technical problem preventing access, or believe there has been another error involving your order, please contact:
dainkajabi@accessconsciousness.com
Nothing in this policy limits any nonwaivable rights available to you under applicable consumer protection law.
SECTION 7: PERSONAL USE AND INTELLECTUAL PROPERTY
Unless expressly stated otherwise, products purchased through the Dr. Dain Heer Online Store are provided for your personal, noncommercial use.
The Services and their content, including trademarks, names, text, graphics, images, videos, audio recordings, course materials, workbooks, designs, and other materials, are owned by or licensed to Access Consciousness LLC and are protected by applicable intellectual property laws.
Purchasing a product does not transfer ownership of the underlying intellectual property.
You may not reproduce, distribute, publish, sell, sublicense, share, publicly display, publicly perform, upload, transmit, or create derivative works from purchased content except where expressly permitted by us in writing or permitted by applicable law.
Account access and purchased digital materials may not be resold or commercially distributed without prior written authorization.
All rights not expressly granted are reserved.
SECTION 8: THIRD PARTY SERVICES AND TOOLS
Certain aspects of the Services may rely on third party platforms and service providers, including Shopify, Kajabi, payment processors, and other technology providers.
Your use of third party services may also be subject to the terms and policies of those providers.
We are not responsible for third party services outside our reasonable control, although we will make reasonable efforts to assist customers with access issues relating to purchases made through our store.
SECTION 9: THIRD PARTY LINKS
The Services may contain links to websites or services operated by third parties.
We are not responsible for the content, accuracy, availability, privacy practices, or operations of third party websites or services.
If you choose to access a third party website or service, your use of that website or service is subject to its applicable terms and policies.
SECTION 10: RELATIONSHIP WITH SHOPIFY
The Dr. Dain Heer Online Store is powered by Shopify, which enables us to provide the Services to you.
However, purchases made through the Dr. Dain Heer Online Store are transactions directly between you and Access Consciousness LLC.
Shopify is not the seller of the digital products offered by Access Consciousness LLC and is not responsible for the content or fulfillment of those products.
SECTION 11: PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because the store is hosted through Shopify and uses third party services to process purchases and deliver digital products, information necessary to provide those services may be processed by Shopify and other service providers.
Please review our Privacy Policy for additional information regarding how personal information is collected, used, and shared.
SECTION 12: FEEDBACK
If you voluntarily submit ideas, suggestions, feedback, reviews, or other comments regarding our Services, you grant us permission to use that feedback for legitimate business purposes, including improving and promoting our Services, subject to applicable law.
You represent that you have the right to provide any feedback or materials you submit and that your submission does not violate the rights of another person.
SECTION 13: ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, or other information.
We reserve the right to correct errors, update information, or cancel an affected order where appropriate.
If an order is canceled because of an error after payment has been collected, the applicable payment will be refunded.
SECTION 14: PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to violate applicable laws or regulations, infringe intellectual property rights, transmit malicious software, obtain unauthorized access to systems or accounts, engage in fraud, impersonate another person, collect personal information unlawfully, interfere with the operation or security of the Services, or engage in conduct that materially harms the Services or other users.
You may not circumvent technological measures used to protect digital content or obtain unauthorized access to paid materials.
We reserve the right to restrict or terminate access where we reasonably determine that these Terms have been violated.
SECTION 15: AUTOMATED SYSTEMS AND AGENTS
Automated systems, bots, agents, scraping tools, artificial intelligence systems, or similar technologies may not access, reproduce, extract, or use protected content from the Services in violation of these Terms, applicable law, or technical restrictions implemented by us.
Nothing in this section restricts activity that cannot lawfully be restricted or ordinary functionality provided or authorized by Shopify or another service provider we use.
SECTION 16: TERMINATION
We may suspend or terminate access to the Services where reasonably necessary because of a violation of these Terms, fraud, abuse, unauthorized sharing of paid content, security concerns, or other unlawful activity.
Termination does not eliminate obligations or rights that arose before termination.
Provisions concerning intellectual property, limitations of liability, indemnification, privacy, and other provisions that by their nature should survive termination will remain applicable.
SECTION 17: DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services and digital products are provided "as is" and "as available."
We do not guarantee that the Services will always be uninterrupted, error free, or available at all times.
Nothing in these Terms excludes warranties, guarantees, or other consumer rights that cannot legally be excluded or limited.
SECTION 18: LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Access Consciousness LLC and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers will not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the Services or products purchased through the Services.
Where liability cannot legally be excluded, our liability will be limited only to the extent permitted by applicable law.
Nothing in these Terms limits liability that cannot lawfully be limited or excluded.
SECTION 19: INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Access Consciousness LLC and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third party claims arising from your material violation of these Terms, your unlawful use of the Services, or your infringement of another person's rights.
SECTION 20: SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will remain in effect.
SECTION 21: WAIVER AND ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
These Terms, together with the policies and other terms expressly incorporated into them, constitute the agreement governing your use of the Dr. Dain Heer Online Store.
SECTION 22: ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations in connection with a reorganization, sale, merger, transfer of business operations, or as otherwise permitted by applicable law.
SECTION 23: GOVERNING LAW
These Terms of Service and your use of the Services will be governed by applicable law and, to the extent legally permissible, the laws applicable to Access Consciousness LLC in the State of Texas, United States.
Nothing in this section deprives a consumer of mandatory protections or rights available under the laws applicable to that consumer.
SECTION 24: CHANGES TO THESE TERMS
We may update these Terms of Service from time to time.
The current version will be made available through the Dr. Dain Heer Online Store. Where required by applicable law, we will provide appropriate notice of material changes.
Your continued use of the Services following an effective change constitutes acceptance of the updated Terms to the extent permitted by law.
SECTION 25: CONTACT INFORMATION
The Dr. Dain Heer Online Store is operated by:
Access Consciousness LLC
406 Present Street
Stafford, TX 77477
United States of America
Customer Support:
dainkajabi@accessconsciousness.com
Phone:
+1 (805) 284-9489
Store:
Dr. Dain Heer Online Store