Please also read our Terms and Conditions of Use. [Link your Terms and Conditions here]
Children’s Online Privacy Protection Act (COPPA)
This website and any products and services offered herein are not intended for persons under the age of 18.
We prohibit children under the age of 18 from using any and all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. A child’s parent or guardian should contact us if we have inadvertently collected any information or content from that child without the parent or guardian’s authorization, so that we may delete that information from our records.
CAN-SPAM Act of 2003
We have taken the necessary steps to ensure that we are in compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003 and will not send misleading information.
Personal Information We Collect
The type of personal information we collect depends on how you are interacting with us.
The personal information we may collect directly from you consists of the following:
Name and contact data, such as, first and last name, email address, postal address, phone number, and other similar contact data;
Payment information, such as, payment card number (credit or debit card), and the security code associated with your payment instrument, if you make a payment; and
Comments, feedback, questions and other information you provide to us
We automatically collect personal information when you:
Visit, interact with, or use our website;
Access, use, or download content from us; and
Open emails or click links in emails from us.
How We Use the Information You Provide/Lawful Basis
We process personal information about you:
To perform a contract;
With your consent;
For our legitimate interests;
To comply with the law;
To protect someone’s life; and/or
We will not sell or trade your personal information and have not done so in the last 12 months.
We may transfer your personal information to a third party in the event of a bankruptcy, dissolution, merger, sale, acquisition, or change of control.
We may transfer your personal information to a third party if we need to comply with our legal obligations, resolve disputes, and/or enforce our agreements.
Most of the personal information we process is provided to us directly by you to:
Process and fulfill an order, download, subscription, or other transaction;
Respond to your requests, inquiries, comments and concerns; and
Send marketing emails.
We also process personal information to:
Provide online behavioral advertising;
Inform you of and administer promotions, contests, sweepstakes or surveys;
Help us address problems with and improve our website;
Protect the security and integrity of our website; and
Contact you for other business reasons, if necessary.
“Cookies” are small text files that are placed on a computer or other device and used to identify the user or device and to collect information when you visit a website.
We use absolutely necessary cookies, which allow you to move around our website and use its features.
You can disable cookies through your web browser’s settings, but disabling this function may diminish your experience on our website as some features may not work as intended.
“Do Not Track” (DNT) Signals
Some browsers transmit Do Not Track (DNT) signals to websites.
Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers.
How the Information is Shared and Stored
We also will disclose your personal information if we have a good faith belief that such disclosure is necessary to:
meet any applicable law, regulation, legal process or other legal obligation;
detect, investigate and help prevent security, fraud or technical issues; and/or
protect the rights, property, or safety of www.emilymarie.com, our users, employees or others.
Our current third-party service providers include:
We retain your personal information for as long as necessary to fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements, or until such time as you let us know you would like for us to delete it or unsubscribe from our marketing contacts.
Information Protection and Security
Our website uses commercially acceptable security measures to prevent your personal
information from being lost, used or accessed in an unauthorized way. We use a Secure Sockets Layer (SSL) certificate and never transmit your credit card information via email. If you receive an email from us that appears to be a request for personal information, do not respond because it may be a phishing scam designed to steal your personal information.
We cannot guarantee that your personal information will always be secure. Should there be a data breach, we will notify you when we are legally required to do so.
Your Rights to Control Your Information
You can unsubscribe from our e-newsletters or updates at any time through the unsubscribe links found in the communications you receive from us.
CALIFORNIA CONSUMER PRIVACY ACT (CCPA)
The CCPA provides Californian residents with the following rights with respect to their personal information:
Right to request disclosure: to know the personal information collected about you and the purpose for its collection.
Right to request a copy: to make a personal information request twice in a given 12-month period
Right to deletion: to have your personal information deleted upon a verifiable request.
Right to say “no” to sale: to opt out of the sale of your personal information.
Right to not be discriminated against: the right to equal service and price even if you exercise your rights under the CCPA.
In the last 12 months, we have collected the following categories of personal information:
Identifiers: Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
Customer records information: Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit or debit card number, other financial information, medical information, health insurance information
Characteristics of protected classifications under California or federal law: Race, religion, sexual orientation, gender identity, gender expression, age
Commercial information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Biometric information: Hair color, eye color, fingerprints, height, retina scans, facial recognition, voice, and other biometric data
Internet or other electronic network activity information: Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement
Audio, electronic, visual, thermal, olfactory, or similar information
Professional or employment-related information
For more details about the personal information we collect, see the Personal Information We Collect section above. We use this personal information for business and commercial purposes as described in the How We Use the Information You Provide/Lawful Basis section above. We share this personal information with the third parties outlined in the How the Information is Shared and Stored section above.
If you are covered by the CCPA and would like to make a personal information request, see the Contact Us section below. We will respond within 45 days of receiving the request provided that we are able to verify your identity.
GENERAL DATA PROTECTION REGULATION (GDPR)
If you are covered by the GDPR, you have the following rights under European laws, and may have similar rights under the laws of other countries:
Right of access: to make a written request for access to and a copy of your personal information
Right to rectification: to have your inaccurate personal information corrected or removed
Right to erasure ('right to be forgotten'): to have your personal information erased
Right to restriction of processing: to limit the purposes that your personal information may be used for
Right to object: to object to the processing of your personal information in cases where our processing is based on direct marketing, processing for scientific/historical research and statistics, legitimate interest processing, and processing in regards to the performance of a public interest or official authority task
Right to data portability: to have your personal information transferred to you or a third party in machine-readable format
Right to withdraw consent: to withdraw your consent that we handle your personal information at any time. The withdrawal of your consent shall not affect the lawfulness of processing based on your consent before its withdrawal
These rights are not absolute and they do not always apply in all cases. We will honor your rights under applicable data protection laws.
Use and Transfer of Your Information Out of the European Economic Area (EEA)
This website is operated in the United States and the third parties with whom we might share your personal information (as explained above) are also located in the United States or other countries located outside the European Economic Area.
If you are located outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.
Filing a Complaint
If you are covered by the GDPR, and you are not content with how we manage your personal information, you may lodge a complaint with a supervisory authority in the European Union (or European Economic Area) state where you are a resident, work, or where the alleged infringement of data protection laws took place.
_PO Box 706, Kirkland, WA 98033
Please be sure to specify which right you want to exercise and provide us with enough information to verify your identity. If we cannot verify your identity, we may not be able to fulfill your request.
Changes to this Privacy Notice
Terms and Conditions
All sales are final. No refunds for full or partial payments. Use and Consent
Please read these Terms and Conditions of Use (hereinafter “Terms and Conditions”) carefully and in their entirety before using www.emilymarie.com (hereinafter “we,” “our,” “us”). You, as a visitor and/or user of our website, agree to these Terms and Conditions, and your access and/or use of our website or materials requested through email constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to.
This website is not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.
Legal and Financial Disclaimer
You understand and agree that this website is intended to provide information and education. The information provided is not business, financial, or legal advice.
You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular personal, business, and financial situation so that you can take the right steps for you and your situation.
You understand and agree that this website is intended to provide information and education to assist you in attaining your goals.
You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income.
You understand and agree that this website is intended to provide information and education and is not intended as medical, psychological, or psychiatric advice and is not intended to provide diagnosis, treatment, prevention, cure or guarantee.
The information provided is not a substitute for professional medical, psychological, or psychiatric advice, diagnosis, or treatment for your individual condition and circumstance. You should consult with a licensed and/or registered health care professional about your individual condition and circumstance. You warrant that you have submitted to a physical examination and have a physician’s approval to participate or are participating without the approval of a physician of your own volition and at your own risk.
You should always consult with a licensed and/or registered health care professional before making any health or dietary changes or beginning any exercise program. If you are pregnant, nursing, obese, diabetic, or have any other medical or mental condition, you should follow the supervision of a licensed and/or registered health care professional.
By starting any exercise program, you assume all risks of injury, dangers, and/or hazards as a result of doing so. You should use any equipment shown in any exercise program as demonstrated only.
Do not stop taking any prescribed medications or disregard or delay seeking medical advice based on any information contained in this website or materials requested through email.
No Warranty or Liability
The information provided on www.emilymarie.com is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in materials requested through email.
The use of our website or the downloading of any materials through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. www.emilymarie.com assumes no liability for any computer virus or other similar software code that is downloaded to your computer from our website or in connection with any materials offered through the website.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Emily Marie, SP AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT, OR MATERIALS REQUESTED THROUGH EMAIL; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH OUR WEBSITE; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
Emily Marie, SP’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $4,000 (USD).
We expressly exclude any liability to the fullest extent of the law.
By using our website and its content or requesting materials via email, you agree to this limitation of liability and release Emily Marie, SP from any and all claims.
You agree at all times to defend, hold harmless, and indemnify Emily Marie, SP, and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from your use of our website or its content, or materials requested through email, as well as any third party claims of any kind arising from your actions in relation to our website (including any content you submit, post to, or transmit through our website).
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
Intellectual Property Protection and Personal Use
The materials contained on our website, including, but not limited to, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files, are the proprietary property of Emily Marie, SP and are protected by United States intellectual property rights.
Emily Marie, SP grants you a limited non-exclusive non-transferable license to view, copy, download, and/or print the content of www.emilymarie.com solely for your personal, non-commercial use. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on www.emilymarie.com, its materials, or its services, except as expressly authorized herein.
While we love the sharing of our content via social media, and www.emilymarie.com uses various plug-ins and widgets to allow for this type of sharing, the use of these plug-ins and widgets does not constitute a waiver of Emily Marie, SP’s intellectual property rights. Such use is a limited license to republish our website content on the approved social media channels with full credit to www.emilymarie.com
Nothing contained on www.emilymarie.com should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Emily Marie, SP or by any third party.
Any other use of the materials in www.emilymarie.com and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use our website, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
Your License to Us
When you submit any post, comment, image, or other content that you upload, publish, or display on or through our website (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.
You retain the right to remove your User Content at any time.
If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.
You agree that you will not post, transmit, upload, perform, or otherwise make available any User Content that is:
Harmful, threatening, defamatory, abusive, harassing, obscene, vulgar, hateful, pornographic, or otherwise objectionable;
Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
Advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to use this website for lawful purposes only and agree not to violate or attempt to violate any security features of www.emilymarie.com including, but not limited to:
Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of www.emilymarie.com or any associated system or network, or to breach security or authentication measures without proper authentication;
Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to www.emilymarie.com, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
Using www.emilymarie.com to send unsolicited email, including, without limitation, promotions or advertisements for products or services;
Forging any TCP/IP packet header or any part of the header information in any email or in any posting to www.emilymarie.com; or
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Emily Marie, SP in providing www.emilymarie.com.
You understand that any violation of system or network security may subject you to civil and/or criminal liability. Emily Marie, SP intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.
Our website may feature testimonials from time to time. They are examples. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our website, products and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, on our website, blog, or in our emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services from time to time. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Third Party Links
From time to time, we may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by Emily Marie, SP. If you use those links, you leave our website.
You agree that Emily Marie, SP is not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Emily Marie, SP is not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from www.emilymarie.com You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
We reserve the right to terminate your access to our website, in full or in part, at any time for any reason.
Dispute Resolution and Jurisdiction
These Terms and Conditions shall be governed and construed according to the laws of the State of Washington, without regard to conflict of laws principles. The nearest state and federal court to Kirkland, WA shall have exclusive jurisdiction over any case or controversy arising from your use of our website or its content, or via materials requested through email.
By using our website or its content, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
In the event that Emily Marie, SP must make a claim for any breach of these Terms and Conditions by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.
If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
Modification of Terms and Conditions
We may change, modify, or update these Terms and Conditions at any time and will notify you of any such changes by a prominent notice displayed on our website at least 10 days prior to implementing the change. We recommend that you check the Terms and Conditions when you visit our website to be sure that you are aware of our most current policies.
By continuing to use this website, you agree to be bound by the most updated version of these Terms and Conditions, whether you have read them or have had the opportunity to read them and have chosen not to.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: email@example.com
July 6th, 2021