Terms and Conditions of Use

Terms and Conditions of Use

Introduction

These Terms and Conditions of Use apply between you, the User (“You,” “Your,” “User” or “Users”) of this Website, www.EmergeEmpowerment.com (the “Site”), and Debbie Cromack / Emerge Empowerment, LLC (the “Company,” “I”, “Me,” “My,” “Mine,” or “Myself”), the owner and operator of this Site. Please read these Terms and Conditions of Use carefully, as they affect Your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon Your first use of the Site. If You do not agree to be bound by these terms and conditions, You should STOP using the Site immediately.

By entering this website or purchasing or using the blog, emails, opt-in gifts, videos, social media, consultations, programs, products and/or services, from or related to Debbie Cromack and www.EmergeEmpowerment.com, You are agreeing to accept all parts of these Terms and Conditions of Use. Thus, if You do not agree, STOP now, and do not use this Site, blog, emails, videos, social media, programs, products and/or services or anything You have purchased or experienced through Debbie Cromack or www.EmergeEmpowerment.com.

In these terms and conditions, You, Your, User or Users means any third party that accesses the Site and is not either (i) employed by the Company and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to the Company and accessing the Site in connection with the provision of such services.

 

You must be at least 18 years of age to use this Site. By using this Site and agreeing to these terms and conditions, You represent and warrant that You are at least 18 years of age.

 

Intellectual Property and Use

1.       All content (Content) included on the Site, is the property of the Company or other relevant third parties. In these Terms and Conditions of Use, Content means any text, graphics, images, classes, products, programs, services, audio, video, software, data compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of this Site, including any such Content uploaded by Users. By continuing to use this Site, You acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site.

2.      You may, for Your own personal, non-commercial use only, do the following: Retrieve, display, and view the Content on a computer screen.

3.      You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content on this Site.

4.      Licensee / Licensor Rights: Our Limited License to You and Prohibited Use.

a.      As a licensee, You understand and agree that You will not use this Site for any of the following purposes:

i.      In any way which causes, or may cause, damage to the Site or interferes with any other person’s use or enjoyment of the Site.

ii.      In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order.

iii.      Making, transmitting, or storing electronic copies of Content protected by copyright.

iv.      You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content on this Site.

v.      Copy, edit, distribute, duplicate or steal any information on My Site, or any Content therein, including that which has been posted by a third party, whether or not You have purchased the information.

vi.      Use, post, distribute, copy, steal or otherwise use any portion of My Site, including Content, and understand that any such use may constitute infringement, which may give rise to a cause of action against You.

vii.      Hold any of my Content out to be Your own and understand that doing so constitutes stealing and is a violation of our intellectual property rights.

viii.      Share purchased materials, information, Content with others who have not purchased them.

ix.      Use any portion of My Site, including all Content, information, and purchased materials, in any commercial manner such that You make, may make, or intend to make a profit from it.

x.      You further acknowledge and understand that any such actions, including but not limited to, those outlined above will constitute infringement and/or theft of My work, and is a violation of these Terms and Conditions of Use and United States Federal laws, and I reserve the right to prosecute this infringement to the full extent of the law.

5.      Licensee / Licensor Rights: Your License to Me.

a.      You may be able to post Your original Content to My Site, including but not limited to, blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, webinar, or any other medium where Content is distributed in a manner that allows for participation or feedback. By posting any sort of information, You represent You are the owner of anything You post, and are at least 18 years of age.

b.      When You submit or post any such information, You also agree and understand that You are assigning and/or licensing Me and anyone else authorized by Me, the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or Content You post, in whole or in part, with or without identifying You as the author of the original post or comment. If I so choose to identify You, You also grant Me the right to identify You as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.

c.       You agree You are wholly assigning any intellectual property ownership rights to Me by Your action and decision to post on My Site, or otherwise provide Me with Content, with access to My Site constituting good and valuable consideration in exchange for these intellectual property rights. You understand that should any of Your comments or posts be used, in whole or in part, You are not entitled to any payment and will not request any form of payment or favorable treatment in return.

 

Links to Other Websites

1.       This Site may contain links to other Websites. Unless expressly stated, these Websites are not under the control of the Company or that of any affiliates.

2.      The Company assumes no responsibility for the Content of such Websites and disclaims liability for any and all forms of loss or damage arising out of the use of them.

3.      The inclusion of a link to another Website on this Site does not imply any endorsement of the Websites themselves or of those in control of them.

 

Personal Responsibility

1.       My Site, products, and services aim to accurately represent the information provided. You are acknowledging that You are participating voluntarily in using My Site, products, and services, and You alone are 100% solely and personally responsible for Your results. You agree to use Your own due diligence and judgment before applying any recommendation or advice that You may receive on or through My Site, products, and services. You acknowledge that You take full responsibility for your health, life, and well-being, as well as the health, lives, and well-being of Your family and children (where applicable), for all decisions now and in the future.

 

No Guarantees of Income or of Any Kind

1.       My role is to support and assist You in reaching your goals, but Your success depends solely on Your own effort, motivation, commitment, and follow-through. I cannot and do not guarantee that You will attain a particular business result or income increase or level, and You accept and understand that results differ by each individual. Each individual’s business success depends on her background, dedication, desire, and motivation, and a multitude of additional factors. As with any business-related product or service You purchase, Your results will vary and will be based on many variables. Therefore no guarantees can be made. There are no assurances as to any particular financial, business, or personal outcome based on the use of My Site, products, or services. You agree that I am not responsible for the success or failure of Your business decisions, the increase or decrease of Your finances or income level, or any other result of any kind that You may have as a result of information presented to You through My Site, products, and/or services. You are solely responsible for Your results.

 

Testimonials

1.       I present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved or they are comments from individuals who can speak to My character and/or the quality of My work. Each client or individual has approved these testimonials, examples, and photos for use in materials to speak to my products and/or services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with My products and/or services. Each of these unique stories, and any and all results reported in these stories by My clients on this Site and through my products and/or services, are the culmination of a multitude of variables, some of which I cannot control.

 

Assumption of Risk

1.       There are sometimes unknown individual risks and circumstances that can arise during use of my Site, products, and/or services that cannot be foreseen that can influence or reduce results. I am not responsible for Your personal choices or actions before, during, or after use of My Site, products, and/or services. You understand that any mention of any suggestion or recommendation on or through My Site, products, and/or services is to be taken at Your own risk, with no liability on My part, recognizing that there is a rare chance that illness, injury, or even death could result. You accept full responsibility for the consequences of Your use, or non-use, of any information provided by Me through any means whatsoever. Your use, or non-use, of this information is at Your own risk and You absolve me of any liability or loss that You, Your business, Your family or children (if applicable), or any other person, may incur from Your or their use, or non-use, of the information provided.

 

Privacy Policy and Cookies Policy

1.       Use of this Site is also governed by the Privacy Policy (including Cookies), which is incorporated into these Terms and Conditions of Use by this reference. To view the Privacy Policy, please click on the following link: Privacy Policy.

 

Availability of the Site and Disclaimers

1.      Any online facilities, tools, services or information that the Company makes available through this Site (the Service) is provided “as is” and on an “as available” basis. I give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, I provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Company is under no obligation to update information on this Site.

2.      While the Company uses reasonable endeavors to ensure that the Site is secure and free of errors, viruses, and other malware, I give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

3.      The Company accepts no liability for any disruption or non-availability of the Site.

4.      The Company reserves the right to alter, suspend or discontinue any part (or the whole of) the Site including, but not limited to, any Content available. These Terms and Conditions shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.

5.      The information provided in or through this Site, products, and services is solely educational and informational and is available as self-help tools for those wishing to view it. Any Content on this Site, or Content You receive because of Your decision to opt-in to My email list, has been created solely for educational and informational purposes. The information provided on or through this Site is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own medical provider (including doctor/physician, nurse, physician’s assistant, or any other health professional) or mental health provider (including psychiatrist, psychologist, therapist, counselor, or social worker). Therefore, do not disregard or delay seeking professional medical, mental health, or religious advice because of information You have read on this Site or received from Me. Do not stop taking any medications without speaking to Your own medical provider or mental health provider. If You suspect You have a medical or mental health problem, contact Your own medical provider or mental health provider promptly. I cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of My Site, or the Content contained herein, nor am I making any guarantees regarding the success of Your business or any results stemming therefrom. You understand and agree to this, and acknowledge that Your use of any information contained herein is purely voluntary.

6.      When serving as an Empowerment and Mindset Coach, whether through in-person meetings, phone calls, Skype, videos, social media, and any other setting, including, but not limited to individual and/or group programs, workshops, events, retreats, seminars, coaching sessions, consultations, trainings, Site Content, blogs, products and/or services, You acknowledge that I am supporting you in my role exclusively as an Empowerment and Mindset Coach and in no other role. You further understand and acknowledge that I am not a doctor, lawyer, therapist, psychic, accountant, nurse, counselor or any other medical professional, nor do I hold Myself out to be. Nothing contained on this Site or within any Content, product or service found herein is intended to take the place of a consultation with any such professional.

7.     You understand and agree that My Site and the Content provided are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Site, in My Content, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of Your specific business or life. You are encouraged to consult with Your own professionals for any questions You may have regarding Your particular business or situation regarding legal, business, medical, or financial questions, or any similar profession that may address Your own individual situation.

8.      Your decision to visit My Site, use information contained herein, and purchase classes, products, programs, and services I offer is purely voluntary, and You understand I am not responsible or liable for any harm or damage to You or Your business resulting from direct or indirect use of materials or Content contained on My Site. You agree to hold Debbie Cromack and Emerge Empowerment, LLC, harmless from any damages directly or indirectly resulting from your use of Content or products/services on My Site or distributed through email, and agree You will not make any claims against Me or the Company herein.

9.  Class speakers are not employed by the Company. Their material belongs to them and their statements are their own. Debbie Cromack and the Company are not responsible or liable for any damages incurred, physical and/or mental, due to person(s) following the advice of a class speaker. By attending (whether in-person or online) a class, You are voluntarily agreeing to listen to the information being shared. Debbie Cromack and the Company are not liable for any damages or injuries incurred, physical and/or mental while on the property of 75 Ridge Road, Phoenixville, PA 19460. You must be at least 18 years old to attend a class. You cannot attend a class until You have paid the admission price.

 

Terms of Use for Specific Products and Services Purchased

1.       By checking the “I agree to the Terms and Conditions” box at checkout, You agree You are willingly purchasing the class, product, program, or service outlined below, and agree to be bound by the following additional terms of use as follows:

a.      All classes, whether Attend In-Person, Watch Online, or in the Library, are for educational and informational purposes only.

b.      All downloadable workbooks and documents, whether paid or free, are for educational and informational purposes only.

c.       All coaching sessions/services, whether conducted via telephone or screen-sharing technology, are for educational and informational purposes only.

d.      You understand and agree that all Content is not to be relied upon in any way as medical, legal, financial, or business advice.

e.      I cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of the Content contained herein and services provided, nor am I making any guarantees regarding the success of Your business, or any results stemming therefrom. You understand and agree to this, and acknowledge that Your use of any information contained herein is purely voluntary.

2.      Payments are accepted in U.S. currency on My Site via PayPal where using a credit card is also an option. Payments must be received prior to delivery of any classes, products, programs, or services.

3.      There are no refunds on the current classes, products, and services located in the Site shop.

 

Indemnification and Release of Claims

1.       You agree at all times to defend, fully indemnify and release, and hold harmless Debbie Cromack / Emerge Empowerment, LLC and any affiliates, agents, employees, staff, consultants, interns business managers, assistants, owners, directors, shareholders, affiliates, joint venture partners team members or other party associated with Debbie Cromack / Emerge Empowerment, LLC from any and all liability, causes of action, damages, claims; including but not limited to those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, physical or mental disease or condition or issue or any type of loss or damage or otherwise (even if I am expressly advised in advance of the possibility of such damages or difficulty), losses of any kind, costs, expenses incurred as a result of Your use of My Site or any Content contained therein, as well as any third party claims of any kind (including attorney’s fees) arising from Your actions in relation to My Site or any breach by You of any such conditions outlined herein. You agree that You fully and completely hold harmless, indemnify and release Me from any and all causes of action, allegations, suits, sums of money, claims, demands whatsoever, in law or equity that may arise in the past, present, or future that arises from Your participation in or is in any way related to My Site, products and/or services. In the event You use any information, gift, product, or service provided on or through My Site, products, and/or services by Me or affiliated with Me or My business, You are solely liable and responsible for any actions, errors, omissions, or consequences.

2.         Should I be required to defend Myself in any action directly or indirectly involving You, or an action where we decide Your participation or assistance would benefit My defense, You agree to participate and provide any evidence, documents, testimony, or other information deemed useful by Me, free of charge.

 

Errors and Omissions

1.      Although every effort is made to ensure the accuracy of information shared on or through My Site, products, and/or services, the information may inadvertently contain inaccuracies or typographical errors. I am not responsible for the views, opinions, or accuracy of facts referenced on or through My Site, products, and/or services or those of any other individual or company affiliated with Me in any way. Every effort has been made to present You with the most accurate, up-to-date information, but because business and technology is constantly evolving, I cannot be held responsible for the accuracy, errors, or omissions related to My Site, products, and/or services.

 

No Warranties

1.      I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND/OR SERVICES INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR MY PRODUCTS AND/OR SERVICES.

 

Affiliates

1.      From time to time, I may promote or partner as an affiliate with other individuals or companies whose programs, products, and services align with Mine. I want You to be aware that there may be instances when I promote or market for My partners/affiliates and, in exchange, I receive financial compensation in the form of affiliate fees and/or other rewards. Please note that I am highly selective as to the partners whose programs, products ,and/or services I promote and I only promote or share the programs, products, and services of those with whom I think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use Your own judgment when using or purchasing any such affiliate program, product, or service to determine that it is appropriate for You as I waive all liability as related to any of My affiliates, including any of their programs, products, or services.

 

No Endorsement

1.      References or links in My Site, products, and/or services to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute My formal endorsement. I am merely sharing information for Your own self-help only. I am not responsible for the website content, blogs, emails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in My Site, products, and/or services. Should My Site link or any of My products and/or services appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute My formal endorsement of them, their business or their website in any way.

 

Limitation of Liability

1.      Nothing in these Terms and Conditions will: (a) limit or exclude My or Your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude My or Your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of My or Your liabilities in any way that is not permitted under applicable law.

2.      I will not be liable to You in respect of any losses arising out of events beyond My reasonable control.

3.      To the maximum extent permitted by law, I and the Company accept no liability for any of the following:

a.      Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.

b.      Loss or corruption of any data, database or software.

c.       Any special, indirect or consequential loss or damage.

4.      I will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or on My Site, products, and/or services. In no event will I be liable to You, or to any other party, for any type of damages, including direct, indirect, special, incidental, equitable or consequential damages, for any use of or reliance on My Site, products, and/or services, or on those affiliated with Me in any way. I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, any type of loss or damage or otherwise, due to any act or default by Me or anyone acting as employees, staff, consultants, agents, interns, business managers, team members, owners, directors, shareholders, affiliates,  joint venture partners, or anyone else affiliated with My business, who is engaged in rendering My products and/or services, or in carrying out in-person, phone, Skype or online individual meetings/consultations, classes, workshops, events, retreats, seminars, coaching sessions, and/or trainings in any location.

 

General

1.       You may not transfer any of Your rights under these Terms and Conditions to any other person. I may transfer My rights under these Terms and Conditions where I reasonably believe Your rights will not be affected.

2.      These Terms and Conditions may be varied by Me from time to time. Such revised terms will apply to the Site from the date of publication. Users should check the Terms and Conditions regularly to ensure familiarity with the then-current version.

3.      These Terms and Conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms and Conditions.

4.      The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no third party will have any right to enforce or rely on any provision of these Terms and Conditions.

5.      If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.

6.      Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

7.      These Terms and Conditions will be governed by and interpreted according to Pennsylvania law. All disputes arising under these Terms and Conditions will be subject to the exclusive jurisdiction of the Chester County, Pennsylvania courts.

8.     You agree to resolve any disputes by arbitration and or a suitable alternative dispute resolution in Chester County, Pennsylvania.

 

Cancellation Policy

1.       The Company reserves the right to cancel, reschedule, change the length or time of, or change the location of any class at its discretion at any time. In the event of cancellation or rescheduling, the Company will notify all class registrants as soon as possible and the investment already paid by a registrant will be fully refunded or may be applied to a future seminar.

2.      If a registrant needs to cancel, the Company (610-635-6776) must be notified within 48 hours prior to the registered class date in order to receive a full refund. If the registrant does not meet this requirement or fails to appear on the night of the registered class, payment will be forfeited and it will not be refunded.

 

Insurance

Emerge Empowerment, LLC is a fully-insured entity.