Purchase Agreement
This Purchase Agreement governs all clients and customers who purchase products and/or services from EveryDay Happy and Emily Florence, (“COMPANY”) Including, but not limited to: Coaching services, DIY PR Course, Love Yourself More, EveryDay Happy accessed via https://everydayhappylife.com and http://emilyflorence.com with a business address of 226 W. Ojai Avenue, Suite 101-404, Ojai, CA 93023.
This Agreement is executed, when you accept these terms (electronically, verbally, written, or otherwise). You represent that you have read, understand and agree to be bound by the terms and conditions of this Purchase Agreement (“Agreement”) The Terms of Use and Privacy Policy of this website.
Confidentiality
The term “Confidential Information” means information which is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with Client during discussions with Client, coaching sessions with Client, or otherwise, without the written consent of Client.
Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
At no time may Client reveal any of Company’s products and/or services information, or any information disclosed to Client as a result of the Client’s relationship with the Company. This includes but is not limited to sharing material with others, blogging about the material, posting excerpts of material on any social media sharing, or in any other way that would reasonably appear to share Company’s information with a non-Client.
No transfer of intellectual property
Company’s copyrighted and original materials are provided to the Client for his or her individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property, trademarks and or copyrights, for any purpose. Client is not authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically, or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Disclaimer of Guarantee
CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS 100% RESPONSIBLE FOR HIS OR HER PROGRESS AND RESULTS FROM PRODUCTS AND/OR SERVICES.
There are no guarantees made by COMPANY about the information and recommendations provided. By purchasing products and/or services, you acknowledge that COMPANY cannot guarantee any particular results and you will not hold COMPANY liable for any damages or potential outcomes you’re unsatisfied with.
User Registration and Information
You shall fill in the correct personal information requested in the User Registration form on the site when registering for courses. You will receive a username and password during the course Registration process. You will be solely responsible for: a) all use of the Site made by your username and password, and b) maintaining the confidentiality of your username and password. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Nature of the Services
Products and services provided by EveryDay Happy and Emily Florence may include a social networking Community (“Community”), facilitating the exchange of personal information between people. This socialization may include reading the profile pages of other members and possibly even contacting them. The Community provides to its Members benefits such as, but not exclusive to: mentoring, life coaching, information, entertainment, resources, blog articles, and networking and masterminding with other business owners within the membership portal website and private Community. The Community operates as an online community of internet users.
Content
Failing to comply with the Terms of Use and this Agreement may result in termination of your use of the Community. COMPANY has no obligation to monitor any of the content or postings within the Community; however, COMPANY reserves the right to monitor all Community postings at our discretion. Company also reserves the right to alter, edit, refuse to post, or remove any postings which, in all or part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, clients, users and visitors.
Facebook Community
The Facebook group is a place where everyone should feel welcome, safe, and secure. The purpose of the group is to connect with, share, and inspire others. Negativity, gossip, and cyber bullying will not be tolerated.
Each member should feel safe to share in the group. You may not copy, steal, or share the content, ideas, strategies, or plans of the members in the group.
You may not contact the other members outside of the group without their permission.
Adding members to your email list without their permission is strictly prohibited.
Failure to adhere to the Terms of Use and this Membership Agreement may result in removal from the Community.
Refunds
There are no refunds on products that are downloadable. All sales are final.
For digital courses, once the course materials are delivered, there are no refunds.
Release
If a dispute arises between you and another member of the Community, you shall release the Community (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the dispute.
Privacy
The Community shall not sell or rent your personal information to third parties without your explicit consent.
During certain courses/products/services calls may be made and recorded. Client consents to recordings being made of them. Client consents to its name, words, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by company, without compensation to the Client.
Indemnity
You shall indemnify and hold the Community (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Members breach of this Agreement, or Members violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Terminating Membership
You reserve the right to retire or delete your published content from the Community website and/or social networking site and it shall be no longer available or visible to other visitors. These same terms apply should you choose to terminate your membership. Content posted to the site, other than the published content, shall not be deleted or retired as a result of the Members termination.
Chargebacks & Payment Security
To the extent that Client provides Company with credit card(s) information for payment of Fee on Client’s account, Company is authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed to in the Payment Schedule.
Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. Client shall not change any of the credit card information provided to the Company without notifying Company in advance.
Governing Law
This Agreement shall be construed under and governed in accordance with the laws of the state of California.
Arbitration.
Any dispute arising under this contract shall be resolved under the commercial arbitration rules of the American Arbitration Association.
Limitation of Liability
You shall not hold Community responsible for other user Members’ content, actions or inactions.
Disparagement
In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute is the venue identified below. Parties further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this Agreement.
