Unstarving Artists, LLC (“Unstarving Artists,” “we,” or “us”) provides its website, Unstarving Artists, located at www.UnstarvingArtists.com (together with all other websites, mobile applications, and services operated on behalf of Unstarving Artists, The Academy, and Brandon Miles, collectively, the “Site”), to you, an individual user (“you”) for your individual usage, subject to your acceptance of, and compliance with, the terms and conditions set forth herein.
By accessing or using this Site, or placing an order through the Site, you agree to be bound by our Terms of Use & Conditions of Sale (“Terms”) and Unstarving Artists’ Privacy Policy, which is expressly incorporated into these Terms. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Site in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Site, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
Unstarving Artists reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. You can review the most current version of these Terms at any time by visiting this page (https://www.unstarvingartists.com/terms). It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes your binding acceptance of those changes.
Unstarving Artists’ Privacy Policy may be viewed at https://www.unstarvingartists.com/privacy. The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of this Agreement. Unstarving Artists reserves the right to modify the Privacy Policy at its sole discretion.
The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, user submissions (as defined in Section 18), third-party apps, and any other content on the Site (collectively, “Content”) and the trademarks, service marks and logos contained therein are the property of Unstarving Artists and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. Unstarving Artists reserves all rights not expressly granted in and to the Site.
The site may contain references to protected trademarks and service marks of other parties, but Unstarving Artists may not specifically identify them as such. Unstarving Artists does not claim ownership in any such marks.
Every artist is different, employing different strategic approaches and organizational structures, and offering different products. Therefore, individual results will vary from user to user. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT OFFERINGS.
Unstarving Artists does not promise, guarantee, or warrant your success, income, or sales. You understand and acknowledge that Unstarving Artists will not at any time provide sales leads or referrals to you or your business. Those who purchase our products or services will receive access to software and tools to help publish content on Instagram and otherwise assist with their respective offerings. However, we do not guarantee your success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific art enterprise. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your art enterprise any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Site and its services, you agree not to:
In order to access some of the services of the Site, you will be required to create an account. By creating this account you agree to the following:
Unstarving Artists has the right, in its sole discretion, to cancel your subscription or suspend your access to the Site.
You agree that you fully understand that our staff is always willing to work with you and will always honor any guarantee. You agree to contact us before you attempt to file any dispute or chargeback with your bank or credit card. However, if you file a fraudulent dispute or chargeback, your account will be reported to your bank as fraud, sent to collections, and possibly pursued legally. You have zero risk of this issue as long as you just speak with our staff by emailing them at support@unstarvingartists.com. We will not tolerate fraud of any kind.
At The Academy, we stand behind the ability of our program to get you results when you spend the time studying and implementing what you learn. Because of this, we simply ask that you give the program a fair attempt.
The Academy comes with a 72 hour cancellation period. After 72 hours have passed, the program comes with our action-based Money Back Guarantee.
Our refund guarantee is a black and white guarantee meaning refunds are granted on a black and white basis (no gray area). If you have taken the required actions to qualify (listed below), then you can receive a full refund, end of story.
If you have not taken the required actions to qualify for a full refund (listed below), then you do not qualify and you will not receive a refund, end of story. There will be no exceptions.
Our guarantee and the conditions that follow have been put in place for your own good. The actions required to qualify are the exact same actions it takes to become a successful independent artist. We are not asking you to do anything that you shouldn’t already do. We are simply asking you to use the program as it is intended, and that requires taking action. Some people give up at the first sign of resistance, and if you do so, then you are not giving us or the program the chance to help you. If we allowed students to quit when they hit adversity, we would have a fraction as many student success stories as we do.
The conditions for the Money Back Guarantee are as follows:
The timeframe in which these criteria must be met is 180 days. If the criteria is met and the member is not happy with their level or results, they can claim a full refund for the enrollment fee in the program.
All criteria for meeting our Money Back Guarantee must be provided to our support staff via email at support@unstarvingartists.com within 180 days from the date of purchase. If you have not completed the actions stated above, your refund request will not be considered. Please do not contact our team for a refund if you have not taken the actions required to receive a full refund.
If you claim and receive the Money Back Guarantee (Full refund of $1,997 if you joined with the 1-time pay OR $999x3 if you joined with the 3-pay payment plan), you will return all financial bonuses, course materials and access granted to you during the period of your enrollment in the program.
Therefore, if you got the $500 cash bonus during your participation in the program, it will be deducted from the full refund of your original enrollment fee at the point of refund. This means you will receive either $1,497 (if you joined with the 1-time pay) OR $2,497 (if you joined with the 3-pay payment plan and provided you have paid all installments) as your refund amount. If you enrolled with the 3-pay option and have not completed your 3 payments of $999/month, you will receive a refund of the enrollment fee amount you have paid minus the $500 cash bonus if you have received it.
This guarantee is only applicable to your enrollment fee in The Academy as all additional purchases are non-refundable and are completely available to you to be used at your discretion during your membership period.
You agree that you fully understand that our staff is always willing to work with you and will always honor any guarantee. However, if you file a fraudulent dispute or chargeback, you forfeit your refund and your account will be reported to your bank as fraud, sent to collections and possibly pursued legally. You have zero risk of this issue as long as you just speak with our staff by emailing them at support@unstarvingartists.com. We will not tolerate fraud of any kind.
The Money Back Guarantee does not look at your personal issues as forms of consideration, strictly and only the criteria stated above. This is why the refund guarantee is a black & white guarantee. No ifs, ands or buts.
The following reasons do not qualify for the money back guarantee and you will not receive a refund if:
This is not because we are evil, money hungry devils. It is because we will not allow you to use your personal life’s circumstances to give up on the program, and more importantly yourself. If you do not apply what is taught in the program, there is nothing we can do to help. Therefore, we make it a requirement that you apply what is taught.
As the Artist Accelerator is our top level personal coaching program designed to help you get results, we are committed to working with you to make that happen. The Money Back Guarantee is only applicable to The Academy program and does not apply to your enrollment into the Artist Accelerator. This means that any cancellation of your enrollment into the Artist Accelerator is governed by the following cancellation policy.
You may cancel this transaction at any time within 72 hours of the payment being made, after which the sale is final and non-refundable. If you cancel, any payments made by you under this contract or sale will be returned to you within 14 business days. All cancellation requests must be in writing via email to support@unstarvingartists.com. The company will retain a 5% cancellation charge to cover any fees. Please contact the support email address listed above for any questions regarding cancellation or your request.
If at the end of your 6-month membership in Artist Accelerator you are not satisfied with your progress and you can prove that you have utilized the resources given and taken action on the training, then you will be given an additional 6 months of access to Artist Accelerator, at no additional charge. Utilizing the resources means you have watched the video training, attended at least one of each workshop, communicated with your coach on a monthly basis, your coach has reviewed and approved important steps in the online art booth process such as your art topic, Instagram account targets, and studio tour script, and you showed up for your accountability calls. Unstarving Artists, LLC makes no guarantee regarding the amount of business success you will achieve with this program. Any damages are limited to the amounts paid to Unstarving Artists, LLC.
We stand behind the ability of The Flywheel Lab program to get you results when you spend the time studying and implementing what you learn. Because of this we simply ask that you give the program a fair attempt. In order to qualify for a refund of The Flywheel Lab program you must simply do the following within 90 days:
An example of an “honest” attempt would be applying work over a 90 day period and participating in the training. A dishonest attempt would be waiting till day 89 and then throwing an offer and sales script together, clicking through the videos and aimlessly spending time on FB running down the clock to generate leads. We are extremely lenient on this and as long as you put in genuine effort we are more than happy to issue your refund. We have this guarantee to protect the value of our information and coaching. It’s our responsibility to train you and coach you to the best of our efforts. It is your responsibility to apply the training and coaching. If you do not get results after applying, then it is our fault and we will happily refund you. If you do not apply the training, it is unfortunately your fault. As long as you intend to use this program and do the bare minimum above you have absolutely zero risk. To claim your refund you must also return all property of ours to us. This includes any templates, scripts, graphics, website themes, checklists, handouts, etc.
The $500 cash back bonus is a reward for following the program and taking action. To claim this, you need to have spent a minimum of $500 to set up your online art booth and then submit your receipts through the application area once your online art booth meets all of the requirements. Once your submission has been approved, our team will get back to you regarding the status of your application. As indicated in the application area, online art booths set up under the 7-day profit challenge are not eligible to claim this bonus.
All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover.
When placing an order online, you will need:
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) if you choose a subscription-based purchase, that you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees; and (v) that sufficient funds exist to pay us the amount(s) due.
We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your subscription(s) if you signed up for subscription(s). Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
The Site maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Unstarving Artists
Attn: Copyright Agent
Email Address: support@unstarvingartists.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL UNSTARVING ARTISTS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER UNSTARVING ARTISTS, LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, UNSTARVING ARTISTS, LLC IS FOUND LIABLE UNDER ANY THEORY, UNSTARVING ARTISTS, LLC’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER UNSTARVING ARTISTS, LLC WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH UNSTARVING ARTISTS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Unstarving Artists, or any involved third-party relating to your account, your use of the Website, your relationship with Unstarving Artists, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by Unstarving Artists or any third-party related to your use or attempted use of the products. You, Unstarving Artists, or any involved third-party may pursue a Claim. Unstarving Artists agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Unstarving Artists. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in California on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this Section.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Unstarving Artists both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Unstarving Artists will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Fulton County, Georgia: (i) an action by Unstarving Artists relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Unstarving Artists for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Fulton County, Georgia, and forever waive any challenge to said courts’ jurisdiction and venue.
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Unstarving Artists, Attn: Legal Department, 309 E. Paces Ferry Rd NE, Atlanta, GA 30305. Unstarving Artists will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Unstarving Artists or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Fulton County, Georgia to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
You and Unstarving Artists agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Fulton County, Georgia unless Unstarving Artists otherwise agrees to arbitrate in another forum requested by you.
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’S Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Unstarving Artists.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
The arbitrator shall follow the substantive law of the State of Georgia without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with Unstarving Artists, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Unstarving Artists and shall not be modified except in writing by Unstarving Artists.
Unstarving Artists reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Unstarving Artists product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Unstarving Artists will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Unstarving Artists product or service, is affirmation of your consent to such material changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT UNSTARVING ARTISTS, ATTN: LEGAL DEPARTMENT, 309 E. Paces Ferry Rd NE, Atlanta, GA 30305. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT. SHOULD EITHER PARTY FILE AN ACTION CONTRARY TO THIS PROVISION, THE OTHER PARTY MAY RECOVER ATTORNEY’S FEES AND COSTS UP TO $1000.00.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Unstarving Artists, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
Our Site may include materials from third-parties or links to third-party websites. Unstarving Artists is not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Unstarving Artists is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that any testimonial or product review that you provide Unstarving Artists is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Unstarving Artists may use testimonials and/or product/service reviews, in whole or in part, together with the name and state/country of the person submitting it. Testimonials may be used for any form of advertising relating to Unstarving Artists’ products or services, in printed and online media, as Unstarving Artists determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products or services.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “User Submissions” or simply, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, Unstarving Artists reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Unstarving Artists shall be under no obligation to use any, or any part of, any testimonial or product/service review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Unstarving Artists and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Unstarving Artists’ business is transferred to another entity by way of merger, sale of its assets or otherwise.
No waiver by Unstarving Artists of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Unstarving Artists to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
No joint venture, partnership, employment, or agency relationship exists between you and Unstarving Artists as a result of your receipt of any Unstarving Artists product, your use of any Unstarving Artists Service, or use of the Site.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Unstarving Artists, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
If you have any questions regarding your account, subscription services, or these Terms, please email support@unstarvingartists.com for assistance.