Please Read Carefully.
Last Updated: May 6, 2020
The services that Emily Lingeman and her representatives, affiliates, successors and assigns (collectively, hereinafter “Emily Lingeman,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Service”), which govern your access to and/or use of the website and/or use of any mobile versions, content, products, services and any sites Emily Lingeman may have now and/or in the future (collectively, the “Services”).
By using the Services, you signify your agreement with this Terms of Service and are entering into a legally binding agreement with Emily Lingeman. Please read this Terms of Service carefully. If you do not accept this Terms of Service, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized. This Terms of Service expressly supersedes prior agreements and/or arrangements with you.
You also agree to Emily Lingeman’s privacy notice, located at https://emilylingeman.com/privacy-policy/ (“Privacy Notice”) and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Notice and this Terms of Service.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND EMILY LINGEMANWILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
CHANGES TO TERMS
Subject to the conditions set forth herein, Emily Lingeman may, at any time, for any reason, in its sole discretion make changes to the Services and/or modify this Terms of Service. If Emily Lingeman makes changes and/or modifications that affect your access to and/or use of the Services, Emily Lingeman will provide a notice of such changes only by posting the updated Terms of Service on the page and changing the “last updated” date listed above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under circumstances. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. Please revisit this Terms of Service regularly to ensure that you stay informed of any changes.
SCOPE OF USE
Eligibility. To access and/or use the Services, you must be thirteen (13) years or older and have the requisite power and authority to enter into this Terms of Service and meet any other applicable age and residency requirements. The Services are not intended for and should not be used by anyone under the age of thirteen (13) unless Emily Lingeman receives legal parental or guardian consent. Otherwise, you represent that you are over the age of eighteen (18) and are the intended recipient of the Services. You may not access and/or use the Services for any purpose if either of the representations in the preceding sentence are not true.
Use of Services and Availability. Emily Lingeman retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of Emily Lingeman’s control. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
Services Provided For Informational Purposes. The information provided through the Services is provided solely for informational, educational, or entertainment purposes. Emily Lingeman makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any decisions or implementing any strategy, including recommendations of third parties identified through the Services, we recommend that you obtain additional information and advice of accountants, legal advisors, financial advisors, or other professionals who are fully aware of your individual circumstances.
Communications from Emily Lingeman. By using the Services, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you grant to Emily Lingeman a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Emily Lingeman has no obligation to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, contact information, address, and events. We reserve the right to: (i) correct any errors, inaccuracies, and/or omission; and/or (ii) make changes to content, events, descriptions, service and/or other information without obligation to issue any notice of such changes, except as prohibited by law. We also reserve the right to revise, suspend and/or terminate an event and/or promotion at any time without notice and without liability.
General. Certain service offerings made through the Service including without limitation, coaching related services, will require payment. Such services will begin after your payment is processed. You’ll be charged the rate stated at the time of purchase based on the chosen package of services, plus applicable taxes.
Payment Method. You will be required to designate your payment method upon a purchase (“Payment Method”). You authorize Emily Lingeman to automatically charge the Payment Method for the fees in advance or as otherwise agreed to by the parties in writing. If your Payment Method on file is closed or the account information is changed, or if, for any reason, a charge is rejected by your Payment Method, you shall immediately update your Payment Method account or supply a new Payment Method, as appropriate. If you do not notify us of updates to your Payment Method, Emily Lingeman may suspend and/or terminate Services until payment is received in full.
Cancellation; Refunds. Cancellations can be made at any time by contact Emily Lingeman at firstname.lastname@example.org. We want to make sure that the person canceling is you. Therefore, any cancellation request must be requested by you. We reserve the right to ask for verification that the person requesting the cancellation is actually you. We will not honor any cancellation requests from third party services. Please note that all fees and other costs collected by Emily Lingeman are non-refundable.
PROPRIETARY RIGHTS AND LICENSES
Ownership. The Services, any content and/or products on the Services and the infrastructure used to provide the Services are proprietary to Emily Lingeman, our affiliates, and other content providers. By using the Services and accepting this Terms of Service, Emily Lingeman grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Services pursuant to this Terms of Service and to any additional terms and policies set forth by Emily Lingeman. Neither this Terms of Service nor your use of the Services convey and/or grant to you any rights: (i) in or related to the Services except for the limited license granted above; and (ii) to use or reference in any manner Emily Lingeman’s names, logos, product and service names, trademarks or services marks or those of Emily Lingeman’s licensors.
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and content on the Services, as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Emily Lingeman and/or her third party providers reserve all right, title and interest in and to the services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Prohibited Activities. You may not use the Services and related content in any manner that infringes the intellectual property rights, privacy rights, or rights of publicity of any third party or that is otherwise illegal. Emily Lingeman grants you the rights set forth herein, subject to the following conditions: You shall not
- modify, disassemble, create derivative works, publicly display, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Services;
- incorporate content into print or electronic materials that are for purchase or are disseminated for commercial purposes (such as by commercial process);
- use, display, reproduce or distribute content provided by Emily Lingeman for any commercial purpose whatsoever or make any use, display, reproduction or distribution that exceeds this Terms of Service;
- remove, alter or tamper with any copyright or proprietary notice on the Service;
- submit and/or transmit any emails, or other materials to Emily Lingeman that contain a virus, worm, Trojan horse and/or any other harmful component designed to interrupt, destroy and/or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or that is designed to obtain unauthorized access to any information;
- attempt to override, circumvent, or disable any technological or software protection or encryption features employed to limit downloading, reproduction or other use of Emily Lingeman content;
- pretend to be someone else, use someone else’s identify or misrepresent your affiliation with a person or entity;
- copy or imitate part or all of the design, layout, and/or look-and-feel of the Services and/or individual sections of it, in any form or media;
- intentionally hold Emily Lingeman and/or their employees and/or directors up to public scorn, ridicule and/or defamation; and
- use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.
Furthermore, gathering email addresses from Emily Lingemanthrough harvesting is prohibited. Posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching, and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with Emily Lingeman’s express written consent). You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party’s use and/or enjoyment of the Services.
If you violate this Terms of Service and/or if we have grounds to suspect that you violated this Terms of Service and/or other use parameters included on the Services, we may refuse use of the Services (or any portion thereof). Emily Lingeman also reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without cause and/or without notice and without liability. In the event you fail to pay for the access granted (if applicable), and/or share the access granted with any person and/or entity, and/or misuse the system by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, Emily Lingeman will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access. In such a case, Emily Lingemanretains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless Emily Lingeman, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of and/or in the relation to (i) use of any content you submit to Emily Lingeman in the event of an infringement, violation, trespass, contravention and/or breach of any third party, and/or constitutes the unauthorized use and/or misappropriation of any trade secret of any third party, (ii) your use of Emily Lingeman’s Services; (iii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and/or representatives and/or (iv) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Emily Lingeman upon your receipt of notice of any Claim against you which might give rise to a claim against Emily Lingeman.
You acknowledge and agree that by accessing or using the Services, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL EMILY LINGEMAN, HER EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF EMILY LINGEMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY EMILY LINGEMAN HER EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, EMILY LINGEMAN’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EMILY LINGEMAN’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS (US$100.00).
Emily Lingeman is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
THIRD PARTY SERVICES
- Advice from Third Parties. Some of the Services involve advice from third parties and third party content. You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning, medical, or other advice from Emily Lingeman. You agree that Emily Lingeman is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that Emily Lingeman is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of Emily Lingeman.
- Sharing Information With Third Parties. To use some of the Services, you may need to provide information such as credit card numbers, bank account numbers, and other sensitive financial information, to third parties. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. Emily Lingeman has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third party services are not under Emily Lingeman’s control, and that Emily Lingeman is not responsible for any third party’s use of your information.
- Emily Lingeman Does Not Endorse Third Parties. You acknowledge and agree that Emily Lingeman has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
Disputes. We want to address your concerns without needing a formal legal case. Before filing a claim against Emily Lingeman, you agree to try to resolve the dispute informally by contacting us at email@example.com. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or Emily Lingeman agree to resolve any claims related to this Terms of Service through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Emily Lingeman within thirty (30) day from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Service). You must write us via email at firstname.lastname@example.org, Attn: Opt-Out Arbitration.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Either you and/or Emily Lingeman may assert claims, if it qualifies, in small claims court in Cook County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of Emily Lingeman’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Emily Lingeman agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Emily Lingeman consent to the foregoing venue and jurisdiction.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
Emily Lingeman respects the intellectual property rights of others and expects you to do the same. We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
(iv) information sufficient to permit Emily Lingeman to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for Emily Lingeman’s DMCA Agent for notice of claims of copyright infringement Attn: Copyright Agent at email@example.com.
The Copyright Agent will not remove content from the Services in response to phone notifications regarding allegedly infringing content. Since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf, please submit such notifications by sending a wet ink signature via attachment through electronic mail and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.
If any provision and/or term of this Terms of Service shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from it. This Terms of Service shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Service, this Terms of Service will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or Emily Lingeman of any breach and/or default and/or failure to exercise any right allowed under this Terms of Service is a waiver of any preceding and/or subsequent breach and/or default and/or waiver and/or forfeiture of any similar and/or future rights under this Terms of Service.
Contact us: If you would like to request additional information regarding this Terms of Service, please contact us at firstname.lastname@example.org.