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Legal

Disclaimers / Terms & Conditions 

DISCLAIMERS

It is my belief that stones and crystals, meditation, online courses, workshops and retreats support energetic, emotional, physical, and spiritual well-being. Any content from Sara Bryki, SaraBryki.com, Shop.SaraBryki.com, EarthEnergyCrystals.com or Earth Energy Stones LLC is not intended to be used for medical diagnosis or treatment. The information provided is not intended to be a substitute for professional medical advice. 

We are not medical, legal, financial or other professionals, or if we are, during the terms of either Physical or Digital Products and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Physical or Digital Product. All products (physical and digital) are for educational and entertainment purposes only. None of the products, (physical or digital) or its related material(s), views or opinions should be construed as medical, legal or financial advice. 

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Physical or Digital Product(s), including without limitation any liability for any delays, accidents, harm, loss, death, damage, injuries, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, emotional, mental, physical, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. 

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, DIGITAL PRODUCTS OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, DIGITAL PRODUCTS OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, DIGITAL PRODUCTS, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, SERVICES, DIGITAL PRODUCTS OR PROGRAM MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.  

When you purchase and/or use a product (digital or physical) from Sara Bryki, SaraBryki.com, Shop.SaraBryki.com, EarthEnergyCrystals.com or Earth Energy Stones LLC, you agree to fully release, indemnify, and hold harmless, Sara Bryki, SaraBryki.com, Shop.SaraBryki.com, EarthEnergyCrystals.com or Earth Energy Stones LLC, its principals, owners, personal representatives, consultants, employees and assigns from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, which you may incur arising at any time out of or in relation to your use of the Products sold on this website. 

If any part of the Terms, Conditions, Disclaimer and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect. 

All material provided by Sara Bryki or Earth Energy Stones LLC and contained on SaraBryki.com, Shop.SaraBryki.com or EarthEnergyCrystals.com is provided without any representations or warranty of any kind. You use the materials and products provided by Sara Bryki or Earth Energy Stones LLC and contained on SaraBryki.com, Shop.SaraBryki.com or EarthEnergyCrystals.com at your own discretion. ​

We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Physical and Digital Product(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider.

This website is updated on a regular basis, and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up-to-date. If you should see any errors or omissions and would like to let us know, please notify us at hello@sarabryki.com

 

TERMS AND CONDITIONS FOR PHYSICAL AND DIGITAL PRODUCTS (INCLUDING BUT NOT LIMITED TO: ONLINE COURSES, GUIDED MEDITATIONS, DOWNLOADABLE DOCUMENTS) PROVIDED BY SARA BRYKI AND EARTH ENERGY STONES LLC ON SARABRYKI.COM, SHOP.SARABRYKI.COM AND EARTHENERGYCRYSTALS.COM

Last Updated 03/16/2020 

NOTICE:​ ​These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​​legally​ ​binding.​ ​It​ ​is​ ​your responsibility​ ​to​ ​read​ ​these​​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use​​or​ ​access​ ​of​ ​any​ ​of​ ​our​ ​products,​ ​including​ ​digital products as well as physical products. 

You are legally bound to these Terms whether or not you have read them. If you do not agree with any of our Terms, please email us at hello@sarabryki.com​ ​and we will make reasonable efforts to remove your name, email and access to our Digital Products and website(s).  

All programs, products, courses or services are owned and provided by Sara Bryki, SaraBryki.com, Shop.SaraBryki.com and Earth Energy Stones LLC (“Company” or “we” or “us” or “our”). The term “you” or “your” refers to any user or purchaser of said program(s), product(s), course(s), or service(s) (the “Digital Product”). These Terms and Conditions of Use (“Terms”) govern and define how you are allowed to use and access Company’s Digital Products as well as policy for sales, returns and exchanges of Physical Products. We reserve the right to update and change these Terms at any time, and will update them accordingly with the ‘date last updated’ at the top of this page. 

Your Privacy and Personal Information are extremely important to us. You can find our Privacy Policy HERE 

Your​ ​Physical and Digital Product​ ​Use​ ​and​ ​Consent 

When you purchased a Physical or Digital Product from us, you were given a reasonable notice that these Terms existed. By moving forward with your purchase of the Physical or Digital Product and further access of the Digital Product, you agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms. You agree you are at least 18 years old or of legal age in your applicable jurisdiction to access the Digital Product. Access of our Digital Product(s) and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered. 

License(s) – Digital Products

Subject to and in accordance with these Terms and other guidelines or instructions we include in the Digital Product, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Digital Product, including any Digital Products purchased by you. Your purchase of any Digital Product only entitles you to view that Digital Product in accordance with the foregoing License, and is not a purchase of the software or content constituting or included in the Digital Product. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Digital Product(s). You may, however, from time to time, download and/or print one copy of the individual pages of the Digital Product for your individual use, provided that you keep intact all copyright and other proprietary notices.

The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.

We reserve the right to terminate your access to the Digital Product at any time if we find that you have violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation. However, if you fail to remedy the violation or continue to Violate the Terms, we will terminate your access to the Digital Product with no refund of fees.  

Fees and Refunds

Fees for Physical and Digital Products are set forth on the Website. We reserve the right to change Physical and Digital Product Fees at any time.   Some of the physical items we offer are natural stones and crystals and as such, variations/natural inclusions & formations should be expected. However, if an item is delivered to you damaged, please send pictures of the damaged pieces as well as a photo of the packaging to orders@sarabryki.com within 5 days of delivery. Most items are insured through the post office and claims can be filed.   

Sara Bryki, Earth Energy Stones LLC, SaraBryki.com, EarthEnergyCrystals.com and Shop.SaraBryki.com are not responsible for your shipment if your item is returned as undeliverable due to an incorrectly entered address or is unclaimed. You may request your package to be re-shipped to you once it has been returned, but an additional shipping fee will be applied. 

Sara Bryki, Earth Energy Stones LLC, SaraBryki.com, EarthEnergyCrystals.com and Shop.SaraBryki.com offers a limited warranty against manufacturing defects of jewelry for up to 30 days after delivery. If your item is defective, we will replace at no extra charge to you. To be eligible for a free replacement, you may need to return the defective item or provide detailed photographic evidence of the defect to orders@sarabryki.com. No refunds will be given unless a replacement is not available. 

SALE and CLEARANCE items are sold AS-IS and all sales are final for these items. 

Refunds for Physical Products. If you are not satisfied with your regular-price purchase of a Physical Product, please reach out to us within 5 days of receipt at orders@sarabryki.com. Non-damaged returns are eligible for a refund or store credit minus shipping fees and a restocking fee if you contact us within 5 days of receipt. The restocking fee will be 10% for the first three returns. Any additional returns after the first three will be subject to a 20% restocking fee.

Non-damaged, custom-made jewelry is non-refundable.

Refunds for Digital Products. WE HAVE A CUSTOMER SATISFACTION GUARANTEE FOR ALL ONLINE COURSES.  IF AT ANY TIME, WITHIN 3 DAYS OF PURCHASING THE ONLINE COURSE, YOU FIND THAT YOU ARE NOT SATISFIED WITH YOUR PURCHASE, YOU MAY REQUEST A REFUND.  Refunds will not be offered after 3 days. Once a refund is requested and approved, your access to the digital product will be revoked.

GUIDED MEDITATIONS ARE NON-REFUNDABLE

Please note: If you opted for a payment plan (where available) for an online course and you do not request a refund within 3 days, you are required by law to complete the remaining payments of your payment plan.

If you have signed up for a payment plan (where available) for an online course, you hereby authorize our continued access to your financial information stored by our third party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout. 

If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all materials afforded to you in exchange for your original purchase of our Digital Product. We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute. 

Termination

You have the unilateral right to terminate your use and access to any of our Digital Product(s). Please send an email to orders@sarabryki.com to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and you agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs. 

Intellectual​ ​Property

All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and the property of Sara Bryki, SaraBryki.com, Shop.SaraBryki.com, EarthEnergyCrystals.com and Earth Energy Stones LLC. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained or provided in the Digital Product is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You​ ​may: 

  • Access the Digital Product for your individual use; 

  • Download and/or print any Digital Product materials for your individual use. 

You​ ​may​ ​not: 

  • Share the Digital Product with anyone else who has not yet purchased it or opted to receive it; Re-sell or trade your access to the Digital Product; Distribute any of the materials contained in the Digital Product or related materials and/or communications as your own; Reproduce and alter any part or whole of the Digital Product for distribution as your own work; 

  • Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as Digital Product materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, tag-lines or other unique source identifiers; or trade dress including the look and feel of the Digital Product (and its related communications and materials); 

  • Reprint any portion of the Digital Product, except as set forth above and for your own individual use;

  • Republish any of the Digital Product, in part or in whole; 

  • Use our Physical or Digital Product(s) or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s). 

Even though our Digital Products are not physical property, you can be charged with theft or other face civil or criminal penalties if you copy, steal, infringe or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Maryland by opting into or purchasing any Physical or Digital Product(s) or accessing related communications and/or materials. 

Security​ ​and​ ​Assumption​ ​of​ ​Risk

It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe, Paypal or Shopify. By utilizing these payment processors to gain access to the Physical or Digital Product(s), you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use. 

By accessing our Physical or Digital Product(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you. 

Indemnification,​ ​Limitation​ ​of​ ​Liability​ ​and​ ​Release​ ​of​​ Claims 

​You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Physical or Digital Product(s). 

Sara Bryki, SaraBryki.com, Shop.SaraBryki.com, EarthEnergyCrystals.com, Earth Energy Stones LLC and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible losses, resulting from or incurred in connection with your use of our Physical or Digital Product(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of our Physical or Digital Product(s) and related material(s). 

You agree to notify the Company of any concerns or issues regarding the Physical or Digital Product(s), and to give the Company an opportunity to resolve those concerns or issues. If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. If a civil cause of actions is filed by or against the Company related to the Physical or Digital Product(s), the laws of Maryland shall apply.

If you are found to be slandering, libeling or otherwise disparaging our Company, Physical or Digital Product(s) or related materials, you will be immediately removed from the Digital Product(s) and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm our Company. 

Miscellaneous

All rights not expressly granted in these Terms and Conditions of Use or express written here are reserved by Company. 

If you have any questions about any term of these Terms of Use, please contact us at hello@sarabryki.com