TERMS OF SERVICE
By visiting and using starlightandsage.co (hereinafter the “Website”), you accept and agree to be bound by these Terms of Service including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
Please read these Terms of Service (hereinafter the “Terms”) carefully before accessing or using our website. If you do not agree with any part of these Terms, you may not access the website or use any services. Any new features or tools added to the store are subject to these Terms.
This website is operated by Starlight & Sage LLC. Our store is hosted on Shopify Inc., which provides the online e-commerce platform for selling our products and services to you.
The term “you” (also “user”) refers to anyone who uses, visits, and/or views the website. These Terms apply to all users, including but not limited to browsers, vendors, customers, merchants, and content contributors. Starlight & Sage LLC (“Starlight & Sage Co.”, “company”, “I”, “we” or “us”) reserves the right to amend or modify these Terms in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.
Your continued use of the website after posting of any changes to our Terms constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms.
ELIGIBILITY
All information and content on this website are intended for individuals over the age of 18. Children, as defined in our Privacy Policy, are prohibited from using this website. By using this website, you represent that you are at least the age of majority in your jurisdiction or have consent from a legal guardian if underage. You agree not to use our products or services for any illegal or unauthorized purpose and must comply with all applicable laws in your jurisdiction. Any violation of these Terms may result in the immediate termination of services.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms. Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated into these Terms. Please review the Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the Terms shall be construed under the laws of the state of Texas in the United States of America.
You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of Texas (USA), without regard to conflict of law principles or where the parties are located at the time of the dispute.
You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney's fees and other legal costs.
INTELLECTUAL PROPERTY
All content on this website including but not limited to text, posts, logos, marks, photography, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws except for any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational, and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent, or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these Terms.
COPYRIGHT INFRINGMENT AND TRADEMARK RIGHTS
We respect the intellectual property rights of others and have no intention of violating these rights. Pursuant to Title 17 of the United States Code, Section 512, the Digital Millennium Copyright Act of 1998 (“DCMA”), we will take action to process and remedy any claims made. Accordingly, if you believe an infringement or violation has taken place, please contact us at info@starlightandsage.co.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
User-generated content (“UGC”) includes but is not limited to words, pictures, images, data, video, and information that you upload, display, post, transmit, send, email, or submit to us on the website or any of our social media pages via third-party websites and platforms, including but not limited to Instagram, Facebook, Pinterest, YouTube, TikTok, and X (the “Third Party Platforms”) to be used on our website, platforms, apps, in other marketing channels, or in any company-owned social media platforms.
Starlight & Sage Co. may reach out to users of Third-Party Platforms to seek their permission to feature our favorite UGC on Third Party Platforms or the website. If you choose to allow us to use your UGC by providing us with consent, you shall be bound by this Agreement, our Privacy Policy, as well as the terms of use of any relevant Third-Party Platform (if applicable). If you do not agree to the terms of this Agreement, do not provide us with the consent to use your UGC.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or other proprietary rights of any Content or information that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email, or submit to us on the website or any of our social media sites any information or Content that is:
a) illegal, violates or infringes upon the rights of others;
b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening;
c) known by you to be false, inaccurate or misleading;
d) information that references other websites or personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers);
e) containing any persons who have not consented or are unable to consent (whether due to being below the age of majority or otherwise incapable);
f) impersonating or attempting to impersonate Starlight & Sage Co. or any of its employees, another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing);
g) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law;
h) distributes material including but not limited to spyware, computer viruses, any kind of malicious computer software, or any other harmful information that is actionable by law;
i) attempts to gain unauthorized access to any portion or feature of the website, and send unsolicited or unauthorized material or disrupt the operation of the website.
You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms. We reserve the right, but have no obligation, to take any legally available action that we deem appropriate, in our sole discretion, including, without limitation, editing, removing, deleting, taking down or otherwise erasing your UGC at any time without notice for any reason whatsoever.
THIRD-PARTY LINKS
The website may contain links to third-party websites or resources for your convenience. However, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our Terms.
You agree that we are not responsible or liable for the accuracy, content, or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.
RESTRICTIONS ON USE
All of our products and/or services, including all content, are copyright protected under US and international copyright laws. You are granted a limited revocable license to print or download Content from any relevant digital products for your own personal, non-commercial, non-transferrable, informational, and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is expressly prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance, or exploit our products. You cannot sell or redistribute any of our products, whether free or paid, without our express written consent. You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these Terms.
GENERAL CONDITIONS, MODIFICATIONS, AND TERMINATION
All product descriptions and prices are subject to change at our sole discretion, without notice. We reserve the right to modify or discontinue any product or service, and we are not liable to you or any third party for any modification, price change, or discontinuance.
Products and services are subject to availability and may be limited in quantity. Returns or exchanges for online purchases are governed by our Refund Policy.
We do our best to display products as accurately as possible; however, we cannot guarantee your device's display accuracy. All descriptions, pricing, and availability are subject to change without notice. The quality of products or services purchased through the site is not warranted to meet your expectations, and errors in service will not necessarily be corrected.
We reserve the right in our sole discretion to refuse, remove, restrict access, revoke, and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice. The obligations incurred prior to termination will remain effective after termination.
We reserve the right to refuse or cancel any order at our discretion, including limiting quantities per person or order. We may attempt to notify you via the contact details provided during purchase. You agree to provide current and accurate purchase information and to update account details as necessary. See our Refund Policy for additional details.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by a third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort, or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
INDEMNIFICATION
You agree to indemnify and hold Starlight & Sage LLC and/or its officers, employees, successors, shareholders, joint venture partners, or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings, or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any Terms of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone.
Starlight & Sage LLC will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability, or damage at your expense. You shall fully cooperate and assist us if requested, without any cost, to defend any such claims.
WAIVER OF CLASS ACTIONS
You agree that any dispute arising from or related to this Agreement will be resolved solely between you and Starlight & Sage LLC. You waive your right to bring a class action against us and agree not to bring claims against us as a member of a class or as a representative.
ENTIRE AGREEMENT
These Terms along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us for this website. It supersedes all prior or contemporaneous communications, discussions, negotiations, or proposals we may have had with you whether electronic, oral, or written.
A printed version of this entire agreement including the Privacy Policy and Disclaimer and any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
SEVERABILITY
If any provision in these Terms is deemed by a court, regulatory authority, or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
MODIFICATIONS
Starlight & Sage LLC reserves the right, in its sole discretion and without notice, to (a) revise these Terms; (b) modify the website and/or any services or products it offers; and (c) discontinue the website and/or products or services at any time. Any changes to these terms will take effect immediately. You agree to review these Terms of Service and any other online policies posted on the website regularly to be aware of any changes. You agree to be bound by the revision if you continue to use or access the website after these modifications.
ACKNOWLEDGEMENT
By using any of our products, or services or accessing the site, you acknowledge that you have read and agree to be bound by these Terms.
CONTACT
For any questions, please email us at info@starlightandsage.co , or mail to:
Starlight & Sage Co.
506 Honea Egypt #945
Magnolia, TX 77354
