Eric Michael, LLC (the “Company”) welcomes you to MrEricMichael.com (the “Website”), and any other websites operated by the Company, including but not limited to:
In these terms and conditions, “We,” “Us,” “Eric Michael,” or “MrEricMichael.com” means Eric Michael, LLC. The “Website” is used to describe the website located at MrEricMichael.com (or any forthcoming URL, which may replace it) and all associated websites and microsites of Eric Michael, LLC. “You,” “Your,” or “The User” means you as a user of the Website.
ACCESS TO CONTENT
Any user who signs-up, voluntarily access, or submit themselves to receive more information or purchase a product, service, or program through MrEricMichael.com is agreeing to the forthcoming terms as well as the Terms of Purchase that govern this website. Visitors are identified as those who use but do not subscribe or register with us. No personal or login information is required to access and use the free or publicly accessible materials on MrEricMichael.com.
INTELLECTUAL PROPERTY / RESTRICTIONS ON USE
MrEricMichael.com contains a variety of media, text copy, logos, images, coursework, software audio and video files, and other proprietary materials that are provided on behalf of the Company (collectively referred to as “Content”). Content includes the selection and specific arrangement or design of all Content. Eric Michael, LLC retains all right, title and interest, including all intellectual property rights in and to the Content. You agree to not duplicate, imitate, copy, reproduce, transmit, publish, display, sell, distribute, transfer, assign, license, sub-license, publicly perform, commercially exploit, or create replicas of this or any works, materials, and content, nor assist in third-parties doing the same. Users are also strictly prohibited from posting any portion of the Content displayed on this website in either print or digital format, on any other website, social media page, even/or in a closed networked computer environment for any purpose. The Content displayed on MrEricMichael.com cannot be used in connection with any product or service that is not ours in any manner that is likely to cause confusion or mislead users or discrediting anyone.
You agree that your use of the Website will not cause interruption, damage, or render the digital property any less efficient or affect the effectiveness or functionality of the Website in any way. You that an attempt at unauthorized access to any part or component of the Website is unlawful. You may not use the Website for any illegal purposes; only in compliance with applicable laws and regulations. Furthermore, you agree that in the event you have an action, claim, or right against any User arising from that User’s access to the Website, then you will pursue such right, action, and/or claim independently of and without recourse to Eric Michael, LLC.
COPYRIGHT COMPLAINTS x THE DIGITAL MILLENNIUM COPYRIGHT ACT
Inline with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Eric Michael, LLC has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe something on MrEricMichael.com infringes upon any copyright under your domain or control, you may file a notification via email of such infringement.
Requirements for a proper notification are available under 17 U.S.C. §512(c)(3). Please note, if you knowingly misrepresent in your notification that the Content or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of ours relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
SUBMISSIONS & USER-GENERATED CONTENT LICENSE
Sections of the Website allow for Users to post reviews, comments, photos, and other media. This content is referred to as “User-Generated Content” and Users may submit such content via the Website so long as its not found to be threatening, illegal, obscene, defamatory (to the organization or anyone else), invasive of privacy and/or intellectual property rights, or otherwise objectionable by us or third parties. Any content that a User submits to MrEricMichael.com or Eric Michael, LLC, generally, will not be subject to any expectation of privacy, trust, or confidence between us and no fiduciary, confidential, or another relationship is intended or created between the User and Eric Michael, LLC or any of the affiliates or subsidiaries. Users agree that we reserve the right to use the Content for any and all purposes, including commercial or otherwise, without further permission from or any compensation to you or anyone else. Rights to this User-Generated Content include the use of the name or identifier you submit, along with any other name to which your profile may be known.
Each time that you access the Website or create or submit User-Generated Content, you agree to and confirm the terms of the then-existing User-Generated Content License for that submission and all previous submissions by you to us.
DATA SCRAPING PROHIBITED
Data scraping or data mining of any kind from this website, or from any platforms, groups, or online forums operated by the Company is strictly prohibited. Copying, removing, or otherwise scraping data, information or content, regardless of the reason, from the website, or from any platform, group, or online forum operated by the Company is a violation of these Terms and will result in your immediate removal from any services offered by the Company, including from within any platforms, groups, or online forums associated with those services, without refund or recourse, which decision shall be in the sole discretion of Eric Michael, LLC and its shareholders.
CONTENT LINKED TO THE WEBSITE
Users assume all of the risk, responsibilities and consequences resulting from their use of or access to third-party websites. You further agree that we are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the content (including misrepresentative or defamatory content) of any third party websites, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources, including those of affiliates, joint-venture partners, or others to whom we might provide links from time to time.
CHANGES TO THE WEBSITE
We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you. You agree that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
You agree to fully indemnify, defend and hold us (including our agents, representatives, and assigns, collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, damages, losses, costs and expenses, including legal fees and expenses, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the Website or Services, or the use by any other person accessing the Website using your password, personal computer or other electronic device, or internet access account. You shall cooperate with us in the defense of any claim including provide us with assistance, without charge, in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third party claim or waive any defense without our prior written consent.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT HEREIN IS AT YOUR OWN RISK.
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS.” WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE.
THE WEBSITE AND PRODUCTS, SERVICES OR PROGRAMS CONTAINED HEREIN ARE NOT SUBSTITUTES FOR PROFESSIONAL ADVICE OR TREATMENT, INCLUDING THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, OUTCOME OR ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. FOR SPECIFIC CONCERNS, QUESTIONS OR SITUATIONS REQUIRING PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PHYSICIAN, PSYCHOLOGIST, OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBISTE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
COMPLIANCE WITH APPLICABLE LAW
The Website is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.
This Agreement and any action related thereto will be governed by the laws of the State of Pennsylvania.
CALIFORNIA CONSUMER RIGHTS NOTICE
California users of the Website are entitled to the following information pursuant to California Civil Code Section 1789.3:
For any questions or complaints about the Company, our products, services or the Website, please contact us via e-mail at email@example.com.
Eric Michael, LLC is engaged in the sale of services worldwide and within the United States of America. Currently there are no charges to the consumer for the use of the Website, other than the cost of any products, programs or services purchased through the Website, and an applicable fees associated with such purchases. Unless otherwise stated, these charges appear for each purchase on an Order Confirmation page or in an Order Confirmation sent via email to the consumer following their purchase. Eric Michael, LLC reserves the right to change pricing related to any products, programs or services offered through the Website at any time. Those changes will be reflected in the terms and conditions accompany the sale, and on the Order page.
DISPUTE RESOLUTION & BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), the parties agree to first submit the matter to mediation to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Philadelphia, Pennsylvania, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate. Should mediation fail to resolve the dispute, either party may request that the dispute be resolved by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Philadelphia, Pennsylvania may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Philadelphia, Pennsylvania. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
CLASS ACTION WAIVER
You agree that any arbitration or court proceeding shall be limited to the Dispute between us and you, individually. To the full extent permitted by law, (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
When you visit the Website or correspond with us via e-mail, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
These Conditions and documents referred to herein (as amended from time to time) contain the entire Agreement between you and us relating to the Website and any matter covered and supersede all prior and contemporaneous agreements, representations, understandings or proposals between us. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions.
MISCELLANEOUS LEGAL PROVISIONS
No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, nor shall any waiver constitute a continuing waiver.
The subject headings in this Agreement are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions.
Last Revision: 03/20/2020 | Inquiries: firstname.lastname@example.org[/vc_column_text][/vc_tta_section][vc_tta_section title=”Terms of Purchase” tab_id=”terms-of-purchase”][vc_column_text]
These are the Terms of Purchase that accompany the purchase of Services (“Product,” “Program,” “Workshop,” “eCourse,” “Membership,” “Book,” “Event,”) from Eric Michael, LLC. These Terms of apply to Services available on:
In placing an order with Eric Michael, LLC, by clicking/tapping/swiping “Accept,” “Purchase,” “Pay,” “Pay Now” or by using the Services, you agree to be bound by the terms of this Agreement. If you do not agree to these terms you should leave the Eric Michael, LLC website and discontinue use of the Services immediately.
The terms “We,” “Us,” or “Our,” means Eric Michael, LLC. “You,” “Your,” and “User” means the public or individual consumer of the Website, Program/Service, and/or the respective Content
Online Courses. The Service includes online educational programing designed to contribute to the mastery of creative, business, and personal development skills. The Programing is delivered as follows: Through the program website, online, via eBooks and digital manuals, self-guided study materials, homework, coaching and informative videos, collaboration with other Service purchasers, and/or other products and services as indicated on the Order form. Program or Membership access to the website is restricted for Service purchasers only. User Credentials should be reserved for the individual who authorized the initial purchase. Sharing, trading, re-selling, or disclosing User credentials to non-members is strictly prohibited and will result in immediate removal from the program.
Workshops. The Service is delivered either in-person or on the web via pre-recorded “On-Demand” content and is designed to motivate, inspire, or contribute to the mastery of creative, business, and/or personal development skills. The Service deliverables include lecture and spoken word content, Books/eBooks, digital manuals and resources, self-guided study materials, homework, coaching and informative videos, collaboration with other Service purchasers and/or other products and services as outlined in the Order form. User Credentials or Event Tickets are reserved for the individual who authorized the purchase. Sharing, trading, re-selling, or disclosing User credentials or ticket documentation to non-members is strictly prohibited and will result in immediate removal from the program.
Coaching. The Service is designed specifically for the individual and traditionally includes in-person coaching or mentorship meetings, virtual coaching calls, and one-on-one accountability check-ins. Travel, hospitality, dietary, connectivity and any/all other accommodations related to the attendance or retention of The Service are not included unless otherwise noted. Purchase of The Service can sometimes include complimentary access to other events and initiatives. Purchase of The Service includes access to the Website, Program, and/or Membership access area. You will use a unique combination of User Credentials – username and password – to access this content. User Credentials or Event Tickets are reserved for the individual who authorized the purchase. Sharing, trading, re-selling, or disclosing User credentials or ticket documentation to non-members is strictly prohibited and will result in immediate removal from the program. By purchasing Coaching you understand that a minimum commitment is being made (in the Order page or as detailed on the invoice) regardless of whether paying in full or paying in monthly installments. If you do not attend all in-person or virtual events, membership credits, and/or utilize any/all services included in the Coaching program, you are doing so at your own choice and understand no full or partial refunds will be given. (Please consult the refund policy, below.)
Payment is required before activating The Service or beginning The Program, as indicated on your Order form or Invoice, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the amount agreed (including any/all additional fees on the Order form or Order page) and not to cancel this transaction with your bank or credit card company. Eric Michael, LLC is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be paid in installments or in-full in advance, as indicated on your Order form. Failure to make an installment payment will result in the immediate suspension or termination of the Services. Eric Michael, LLC does not guarantee any specific results from use of the Services. Eric Michael, LLC does not make any representations or warranties as to specific outcomes or results.
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE ANY OF THE SERVICES IS AT YOUR SOLE RISK.
By purchasing the Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
Purchasing a Service or Program can result in the authorization of access to any number of digital “Community” spaces, including webpages, social media groups, newsletters and the like. The intention and purpose of this Community is to share, cooperate, and increase the learning of all of those involved. There is no solicitation, selling, offering, or harassing of any users of any kind, for any reason, ever. Members shall not ask any other member to join other social networks, groups, or programs. If a Member is found in breach of these terms their account will be flagged and removed from the program without refund. Furthermore, Community members understand that all Community content sharing is confidential and not to be shared, sold, or traded outside of the group.
This Agreement allows Eric Michael, LLC the right to use, reproduce, publicly display, edit, and distribute all content that you create, share or post in audio, video, text, images and other media or software that you provide in our private Facebook groups.
Please read all individual Community Rules & Guidelines for additional terms and restraints.
Online Courses & Digital Workshops. Eric Michael and the organization are confident that you’ll find significant value in the Online Courses, however, your purchase may qualify for the following refund policy: If documentation exists, after following all of the steps, doing all of the “homework” and completing all of the action guides of the program, and you have watched all of the Coaching videos in totality AND are still not satisfied with the results of the Course, a refund may be issued within ten (10) business days of the purchase date. No refunds will be offered more than ten (10) days after the date of purchase. To request a refund, please send all necessary information to email@example.com with the words COURSE REFUND in the subject line. Necessary Information includes but is not limited to purchase order receipt or invoice, proof of completed Courses, Coaching videos, or modules, program homework, etc. Falsifying any/all of this information will result in no refund being granted, regardless of the ten (10) day window.
On-Site Workshops. Due to the logistics of scheduling, preparing, traveling, and other necessary accommodations to properly deliver and present on the expectation of the Workshop, ALL SALES ARE FINAL. On-Site Workshop booking fees, retainers, and/or security deposits are NON REFUNDABLE, NON TRANSFERRABLE, and (again) ALL SALES ARE FINAL.
Coaching. Due to the minimum commitment of the agreement and exclusive proprietary nature of the deliverables, Coaching services are NON REFUNDABLE and NON TRANSFERRABLE and ALL SALES ARE FINAL. If a refund is requested, we the right, at our sole discretion, to grant or deny any refund request. You understand that your inability to attend our in-person or virtual events does not qualify for a full or partial refund. Please ensure that these and other terms meet your expectations and needs before purchasing as one-on-one coaching is only for those who are serious about taking their life and business to the next level.
Tickets / Events. Blood, sweat, and tears go into curating, producing, and delivering our signature events. NO REFUNDS ARE AVAILABLE AT THIS TIME. You are advised to read all event descriptions, inclusions, terms, and conditions before purchasing your tickets—to ensure the event will meet your needs and expectations. Nevertheless, we rest in confidence knowing our guests reap the rewards and benefits of our events.
All other purchases. As a rule of thumb Users, Members, and Customers may infer that there is a NO REFUND POLICY and ALL SALES ARE FINAL for all digital purchases made through MrEricMichael.com.
This Agreement is effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Product or Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program website or continue to use the Services after any failure to pay for said services.
Any online community associated with your Program or Services is intended to be a supportive, respectful and positive community for all involved. Communicating disrespectfully to any other members of the group constitutes grounds for removal from the Program and any associated online forum, which decision shall be in the sole discretion of the Company.
RESERVATION OF RIGHTS
Eric Michael, LLC reserves the rights to remove you from the Program or Services for cause, whether a breach of this contract, an act of misfeasance against the Company, a representative of the company or a participant of a group program, or other inappropriate action, which may include any action which causes a disturbance amongst the group, or otherwise negatively impacts the experience of others participating in any program offered by the Company. Such a determination shall be made solely by Company. You agree that your exclusive remedy in such a scenario, if any, will be limited to the full refund of any amount paid to participate in the services or program.
DATA SCRAPING PROHIBITED
Use of the Product or Program or Services covered by this Agreement and any content provided therein is at your own risk. Eric Michael, LLC and its employees and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Product or Program or Services or any content provided as part of the Product or Program or Services.
ADDITIONAL EVENT DISCLAIMER
You, the ticket holder hereof voluntarily assumes all risks incidental to any and all events or in-person gatherings, including bodily injury and death, whether occurring prior to, during or following the Event. The holder releases Eric Michael, LLC, management, venues, promoters, participants, organizers, Eventbrite, sponsors, and their respective subsidiaries and affiliates and each of their respective officers, directors, agents, partners, employees, sponsors, service providers and representatives from any claims related to, arising out of or incidental to the Event or the holder’s presence thereat.
The Event ticket is a revocable license to enter the venue at the date and time listed on the front hereof. We, management of the Event, reserves the right, without the obligation to provide a full or partial refund, to refuse entry to or eject any person for any reason deemed necessary in the sole discretion for the safe and orderly operation of the event (including disorderly, vulgar, disrespectful, disruptive or abusive conduct) or for the enforcement of policies applicable to the event (including these terms or other posted policies).
WE STRONGLY RECOMMEND TRAVEL INSURANCE. While we have no expectation to cancel any event or gathering, we strongly advise that you purchase travel insurance. Eric Michael, LLC, its officers, assigns, affiliates or any related parties are not responsible for any losses or expenses due to delay or changes in schedule, overbooking of accommodations, default of any third parties, sickness, weather, strikes, acts of God, acts of terrorism, force majeure, war, quarantine, criminal activity, or for any other cause beyond its control. We reserve the right to change or cancel the event without prior notice. If the event is cancelled for any reason, we shall have no liability beyond the refund of all event participants’ ticket price/registration fees received by it.
Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
Eric Michael, LLC may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the Eric Michael, LLC website. You should review this Agreement regularly during the use of the Product or Program or Services to keep apprised of any changes.
No assignment of this Agreement is permitted, without prior written permission from Eric Michael, LLC. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. Eric Michael, LLC’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by Eric Michael, LLC.
THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
This Agreement and any action related thereto shall be governed by the laws of the State of California without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Los Angeles County, California.
In the event that a dispute arises pursuant to this Agreement, either Party may submit a written demand to the other that the dispute be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, Pennsylvania. The foregoing shall not prevent Eric Michael, LLC from seeking injunctive relief in a court of competent jurisdiction.
If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to Eric Michael, LLC; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to Eric Michael, LLC including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Under no circumstances whatsoever shall either party be liable to the other for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement. This provision applies even if such party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, Eric Michael, LLC liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Eric Michael, LLC for the services during the term of the Program or membership.
All materials provided to you as part of your Product or Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of Eric Michael, LLC. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of Eric Michael, LLC. All trademarks, logos, and service marks displayed on any materials provided as part of your Product or Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of Eric Michael, LLC or any third-party.
The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
You agree to indemnify, defend and hold harmless Eric Michael, LLC, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes Eric Michael, LLC to be liable to a third party.
This Agreement cannot be voided by not logging in to the Member or Program website, where applicable, by not accessing or using the Services as delivered, or in any other way attempting to avoid viewing or taking delivery of the Product or Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
This Agreement represents the entire understanding and agreement of the parties relating to the Product or Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Product or Program or Services, are of no further force and effect. In order to participate in certain portions of the Product or Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing Eric Michael, LLC at firstname.lastname@example.org and requesting a copy of your “Terms of Purchase.”
If you have any questions regarding this Agreement or any aspect of our services, please contact Eric Michael, LLC at email@example.com.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][/vc_column][/vc_row]