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Terms & Conditions

Updated Effective Date: March 9, 2015
Original Effective Date: August 1, 2014

This website, www.withemilylewis.com (the “Site”), is owned and operated by Emily Lewis (the “Company,” “it,” “we,” “our”). By visiting and using the Site, all visitors, customers and other users (“you,” “your,” “user”) agree that your use of the Site is governed by the following Terms and Conditions, in accordance with the Company’s Privacy Policy and any additional terms and conditions associated with products and services available via the Company.

Intellectual Property Rights

All information, products and services available on and/or through the Site (including, but not limited to, emails, e-courses, products, videos, photos, branding assets, content, programs and live events, collectively, “Content”) is written, edited and/or created by the Company unless otherwise attributed. As such, Content is the property of the Company and protected by copyright, trademark and other intellectual property laws. The Site and Content are provided solely for your personal, non-commercial use. Unless specifically authorized, you may not modify, copy, reproduce, republish, sell, exploit, distribute or create derivative work of material from the Site, excluding accepted social media sharing activity of explicitly identified materials. When authorized, you may download and/or print one copy of relevant material from this Site, solely for your personal, non-commerical use, provided that you keep intact all copyright and other proprietary notices.

Your Usage and Participation

In compliance with legal requirements outlined in our Privacy Policy, you must be 13 years or older to visit and use the Site. Additionally, you must be 18 years or older and have the requisite power and authority to engage in any transactional component of the Site and these Terms and Conditions. Your use of the Site must be for lawful purposes only.

By posting or submitting any material (including, but not limited to, comments, testimonials and photos) to the Company via the Site, you confirm that you are the sole owner of the material and that you grant the Company royalty-free, unrestricted worldwide license to use, copy, modify, sell, distribute, publicly display and/or create derivative works from such material, in whole or in part, in perpetuity, for promotional, business development and marketing purposes and to identify you as author by name, email address or web identity as the Company deems appropriate. You agree to hold harmless the Company and its principals from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

All commenting should abide by reasonable standards of decorum and may be removed by the Company if deemed otherwise. You agree not to post or transmit through the Site any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, derogatory or otherwise objectionable, contains injurious formulas, recipes or instructions, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any breech of the above will constitute cause for being banned from the Site and may be reported to appropriate legal authorities. However, the Company has no obligation to monitor Content.

Disclaimers

The Company makes no representation or warranty that Content, regardless of its source, is accurate, complete, reliable, current, fit for a particular purpose, error-free and is not a guarantor of results, either expressed or implied. All Content is provided “as is” and without warranties of any kind, to the fullest extent permissible pursuant to applicable law.  The Company makes no representation or warranty that the Site, any of its functions or any materials available on or via the Site are or will be uninterrupted, error-free or free of viruses or other harmful components.

All Content is for educational, informational and entertainment purposes only and should not take the place of hiring a medical, legal, financial or other licensed professional. You are solely responsible for your decisions, actions and outcomes.

The Company will only endorse products or services that it believes, based on the Company’s experience and expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.

You agree at all times to defend, indemnify and hold harmless the Company and its principals, affiliates, agents, associates, officers, shareholders, employees and partners from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligations, warranties, representation or covenant herein set forth.

Online Commerce

You agree to be financially responsible for all Content purchases made by you or someone acting on your behalf via the Site and that such purchases will be made for legitimate, non-commercial purposes only.

The offer of all purchases is subject to the Company’s acceptance of your order or request. The Company reserves the right to refuse service without the obligation to assign reason for doing so. The Company may, at any time, change or discontinue any aspect or feature of the Site or Content, subject to the Company’s fulfillment of any previously stipulated responsibilities of the Company to you based on acceptance of your purchase. No purchase is deemed accepted by the Company until payment has been processed. If the Company chooses to refuse your order after payment has been processed, the Company will refund your money. In all other cases, with the exception of Force Majeure, the Company does not offer refunds for purchased Content or any other purchased items.

The Company may use third parties (eg. PayPal) to provide e-commerce solutions on the Site. You agree that the Company is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. You also understand that these third parties may have their own privacy, data collection and terms of use practices, for which the Company has no responsibility or liability. The Company recommends that you make yourself aware of them by visiting their respective websites.

Passwords

You may need a username and/or password to access certain features of the Site. In such cases, you will receive your username and/or password through the Site’s registration process. You are solely responsible for maintaining the confidentially of any assigned username and/or password, and you agree to notify the Company immediately of any unauthorized use or other breach of security in relation to your username, password and/or account.

Advertising

The Company does not accept any form of cash advertising or paid topic insertions. Upon occasion, it does or may participate in affiliate programs, for which it may receive commissions based upon sales, and/or accept free products, services, travel, event tickets or other forms of compensation (collectively, “Experientials”) from individuals, companies and organizations when the Company feels those Experientials may be of benefit to you or the Company. In so doing, the Company clearly identifies all such relationships according to Word of Mouth Marketing Association (WOMMA) Best Practices, and the Company avoids all quid pro quo agreements or requests/requirements for inorganic messaging.

Privacy Policy

Please visit our Privacy Policy, establishing the use, disclaimers and limitations governing the Company’s use of the personal information you provide to the Company at http://www.withemilylewis.com.

Severability

If any term, provision, convenant or condition of this Terms and Conditions Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement will remain in full force and effect, and in no way be affected, impaired or invalidated.

Your Consent

By using the Site, you consent to the Company’s web site terms and conditions, without modification, and acknowledge reading this Terms and Conditions Agreement. If you do not agree with this Agreement, please do not use the Site.

Changes to Our Terms and Conditions

If we decide to change our terms and conditions, we will post these changes on this page and update the Terms and Conditions effective date above.

Contacting the Company

If you have any questions regarding these terms and conditions, you may contact the Company at info@withemilylewis.com.