This Agreement and the relationship between you and EM shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You and EM irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Sarasota, in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of EM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herewith and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by EM of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
Acceptance of Terms of Service
These Terms of Service govern your use of all websites published by Etiquette Moms (EM) and Moms on Edge LLC. By using, visiting, or browsing EM’s websites, you accept and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you should not use EM’s websites.
Changes to Terms of Service
EM reserves the right, from time to time, with or without notice to you, to change these Terms of Service in our sole discretion. The most current version of these Terms of Service is posted on the site, and can be reviewed by clicking on the “Terms of Service” link located at the bottom of most of the sites’ pages. The most current version of the Terms of Service will supersede all previous versions. Your use of the EM websites after changes are made means that you agree to be bound by such changes.
Membership and Billing
As a customer of a EM program, you agree that we are permitted to charge or debit, as applicable, your fees and any applicable tax or other charges you may incur in connection with your use of EM’s services. As used in these Terms of Service, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The fee will be billed according to the terms on your registration page (the page where you entered your account information). You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. We will automatically bill your Payment Method for each billing period on the calendar day corresponding to the commencement of your membership. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting us at firstname.lastname@example.org.
Your right to use any EM program is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all EM obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. Terminations are not retroactive. If you have an outstanding balance due on any EM account, you hereby agree that EM may charge these unpaid fees to your credit card. If your account balance is 30 days overdue, you lose any and all authorization to use any EM materials shipped to you with clients or in a commercial setting.
You acknowledge that if we offer installments, it is as a convenience and in no way meant to be as a “subscription” program. You are obligated to pay all installments until your balance is fully paid for the full price of the program, whether you choose to continue to participate actively in the program while installments come due or not. You may not cancel your installments for this course, just as you would not cancel the payment plan for an automobile.
No refunds are offered. It is up to you to be sure that this program is a good fit for your needs, and then to do the work required to complete it. Do not sign up if you are not serious about entering this field and working with us, as in any other endeavor or coursework, to succeed.
Disclaimers of Warranties and Limitations on Liability
In no event shall EM, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from your clients, your loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the information in this program. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Intellectual Property Copyright
The compilation of all content on this site and in our program is the exclusive property of EM and protected by US and international copyright laws. All content included and sold on EM’s websites, including text, graphics, photographs, button icons, images, audio/video clips, logos, designs, digital downloads, data compilations, and software, is the property of EM or its suppliers and is protected by United States and international copyright laws. They should not be reproduced or used without express written permission from EM.
Etiquette Moms is pending status as a registered trademark. All EM logos, graphics, button icons, scripts, page headers, and service names are now or are pending status as trademarks or trade dress of EM. EM’s trademarks, pending trademarks, and trade dress may not be used in connection with any product or service that is not EM’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EM. All other trademarks not owned by EM that appear on EM’s websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EM. Any images of persons or personalities contained on EM’s websites shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
Use of Information Submitted
EM is free to use any comments, concepts, reviews, information, ideas, or techniques contained in any communication you may send to EM, including, without limitation, responses to questionnaires or through postings to EM’s websites without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving EM’s websites or other websites. In addition, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information. Under no circumstances shall EM have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submitted Materials upon the occurrence of a transfer of all or any portion of EM’s business through a merger, sale or transfer of its assets, nor shall the sale of advertising on any of the websites give rise to any obligation to pay a fee to subscribers. None of the Submitted Materials disclosed or posted via community boards or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on EM’s part and we shall not be liable for any use or disclosure of any such Submitted Materials.
Disclaimer of Liability
You have the responsibility to check with applicable laws in your jurisdiction regarding whether the approaches we suggest meet legal or licensing requirements, or standards, in your jurisdiction. Etiquette Moms makes no claims about the amount you can earn. The field is a competitive one, and the people in it have varying degrees of skill and ability. EM is in no way liable or responsible for the business results you achieve. You understand that the information in this program is not meant to be a complete business plan. You should consult legal, accounting, other marketing professionals, and other resources to fully assess your risks.
Limitations on Use
You must be 18 years of age or older to use EM’s service. So long as your account is in good standing, you may use all materials provided to you with clients.
YOU ARE AUTHORIZED TO USE OUR MATERIALS TO TEACH STUDENTS THE CURRICULUMS YOU HAVE PURCHASED. HOWEVER, YOU ARE NOT AUTHORIZED TO TRAIN OR CERTIFY OTHERS TO USE THESE MATERIALS AS INSTRUCTORS, IN ANY WAY. DOING SO IS A VIOLATION OF THE TERMS OF THIS AGREEMENT AND INFRINGEMENT OF OUR COPYRIGHT.
YOU ARE THE ONLY PERSON AUTHORIZED TO USE THESE MATERIALS. CERTIFICATION IS FOR ONE PERSON ONLY PER PURCHASE. IF YOU WOULD LIKE MULTIPLE PEOPLE TO BE CERTIFIED, EACH PERSON MUST PURCHASE THE PROGRAM. CONTACT US AT Elena@etiquettemoms.com FOR POSSIBLE DISCOUNTS FOR MULTIPLE PURCHASES.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
[Terms last updated: May, 2013]