Terms and Media Release

TERMS AND CONDITIONS

SHIPPING ADDRESS It is imperative that we obtain your correct shipping address.  Please put in your shipping address correctly and completely.  If for any reason you do not receive your order simply email info@setonahill.com.  We are not liable for incorrect addresses.  We currently only ship to locations in the continental 50 United States. Once you make a transaction, you will receive your order within 7-15 business days to account for shipping and handling. We need to compile all of the transactions for each month in order to ship out the correct number of customers.

PAYMENT Your payment will show on your debit or credit card with the merchant of SETONAHILL.  If you selected a payment plan, you will be charged per the terms of that plan. If you selected a recurring monthly subscription you will be charged on the same day every month for the amount of months specified in the agreement.

NEWSLETTER SIGNUP By submitting, you agree to be a part of our newsletter and emails.  If at anytime you would like to unsubscribe from the newsletter list simply email UNSUBSCRIBE FROM EMAIL LIST to info@setonahill.com.  We reserve the right to email you in regards to your order or account.

REFUND OR RETURNS There are no refunds or returns for any transactions at Set on a Hill.  We are grateful for your business.  Should you ever need to unsubscribe, please follow the information provided in the UNSUBSCRIBE section.

HOLD HARMLESS. Owner, agents, staff, volunteers of Client shall defend, indemnify, and hold harmless Set on a Hill from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of its personnel, employees, agents, contractors, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and any reimbursements to Set on a Hill for all legal expenses and costs incurred by it.

PAYMENT PROCESS. Terms: All invoices are due immediately upon receipt.

LICENSE You will be granted a license for the courses for the amount of time outlined on the product or service page. When the license expires you will lose access to use the product or service. To renew the license, another purchase must be made.

Media Release Without remuneration of any kind, I being competent, hereby give Set on a Hill LLC the absolute and irrevocable right and permission, with respect to my likeness, performance, and participation in its communications; hereinafter called the Set on a Hill Works, which include but are not limited to any and all Set on a Hill projects in house and for outside constituents. (Applicable to all testimonials and Zoom Call participation.) a) To record/photograph my likeness, performance and participation; b) To copyright the same in its own name or in any other name which it may choose; c) To telecast the Communications of the recording thereof one or more times over any Internet site, station or stations, or to publicize the Communications or any portion thereof by any means, for any purpose whatsoever in whole or in part, including (but not by way of limitation), promotion, advertising, trade; and d) To use my name in connection therewith if it so chooses. e) To use my company name, website and company logo therewith if it so chooses. f) To use photographs or media given to Set on a Hill therewith if it so chooses. I acknowledge that Set on a Hill LLC are and will be the sole owner of all rights in and to the Communications and the recording/photography thereof, for all purposes in perpetuity. I hereby assign any copyright rights, publicity rights or any other rights that I may have regarding the Communications to Set on a Hill LLC I also hereby release Set on a Hill LLC, from any and all claims of any nature whatsoever which I could or might have against the Releases by reason of any fact or matter whatsoever.

Set on a Hill LLC Messaging Terms & Conditions

Effective Date: This SMS message program is a service of Set on a Hill LLC. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Set on a Hill LLC. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Set on a Hill LLC permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply. Message frequency may vary. Set on a Hill LLC reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Set on a Hill LLC also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Set on a Hill LLC, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. By enrolling in the Set on a Hill LLC messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our Set on a Hill LLC Terms of Use and Set on a Hill LLC Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Set on a Hill LLC and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Set on a Hill LLC through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Set on a Hill LLC OR ANY PARTY ACTING ON BEHALF OF Set on a Hill LLC BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Set on a Hill LLC HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Set on a Hill LLC HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Set on a Hill LLC MESSAGING PROGRAM. Set on a Hill LLC AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Set on a Hill LLC, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Set on a Hill LLC or its service providers.

Dispute Resolution

  1. General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Set on a Hill LLC or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Set on a Hill LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
  2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Set on a Hill LLC to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and Set on a Hill LLC will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. No Class Actions. YOU AND Set on a Hill LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Set on a Hill LLC agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Set on a Hill LLC are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
  5. No Class Actions. YOU AND Set on a Hill LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Set on a Hill LLC agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Set on a Hill LLC makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Set on a Hill LLC’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Set on a Hill LLC.
  7. Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Set on a Hill LLC after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Set on a Hill LLC concerning the Messaging Program.

Contact

Please contact us with any inquiries or concerns at info@setonahill.com.

AMENDMENT.  We reserve the right to update our policies and procedures. All current policies will be available at Set on a Hill. Contact us for updated policies.

APPLICABLE LAW.  This Contract shall be governed by the laws of the State of Texas in the United States of America.