ASHLEY EASTER, LLC PROGRAM TERMS OF SERVICE
Last Modified: July 20, 2024
** IMPORTANT – PLEASE READ CAREFULLY **
Please read this Ashley Easter, LLC Program Terms Of Service (“PToS”) agreement carefully. You must agree to these PToS before you are permitted to access, purchase, or use any Ashley Easter, LLC products, services, or content, including but not limited to: (a) one-on-one or group coaching programs; (b) online courses, workshops, webinars, trainings, or video conferences; (c) downloadable resources, workbooks, e-books, or interactive content; (d) images, text, audio, or video content; or (e) any online private forums, portals, or platforms operated by Ashley Easter, LLC for any purpose, whether hosted on a website owned by Ashley Easter, LLC or on a third-party website, including but not limited to online course hosting or social media platforms (collectively, the “Program”).
If you do not agree with these PToS, you are not permitted to use the Program. In order to access, purchase, and use the Program, you must acknowledge that: (1) you have thoroughly read and fully understand all aspects of these PToS in their entirety, and (2) you agree to abide by all terms of these PToS.
THESE TERMS OF SERVICE CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
As defined in these PToS, the terms “the Company”, “Releasees”, “We”, or “Us” shall refer to Ashley Easter, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, contractors, volunteers, agents, representatives, successors, and assigns.
The Company may modify the terms of these PToS at any time. All modifications will be effective immediately. You shall be notified of any material modifications to these PToS via the www.ashleyeaster.com website or by email.
1. THE PROGRAM
As a part of the Program, you will receive the products and/or services outlined on the webpage where you register and/or subscribe and/or purchase the Program. The Company may make changes and modify the services and elements included in the Program at any time in its sole discretion in order to provide updated content and materials, respond to customer and client feedback, or improve the Program.
The Program is designed to educate and facilitate the creation and development of your intuitive wisdom and your personal and/or professional goals. However, there are no guarantees that you will attain your desired results by the end of the Program.
The Program is for educational and supportive purposes only and expressly not for the purpose of diagnosing, treating, mitigating, preventing, or curing any mental or physical health condition. You are solely responsible for creating and implementing your own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the Program.
In order for you to receive the full value of the Program, you agree to dedicate your time and energy to the Program by completing all tasks assigned during the Program, which may include but are not limited to: attending live or recorded coaching sessions, trainings, and workshops; watching or listening to videos; or completing workbook assignments and/or course modules.
2. PROGRAM PARTICIPANTS
You are only eligible to access and utilize the Program if you are at least eighteen (18) years of age. The Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
Note to participants outside of the United States: The Company controls and operates the Program from headquarters in the United States. People who choose to access the Program from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.
3. PROGRAM FEES AND PAYMENT
Program Fees.
The Program fees and your payment options will be outlined on the webpage where you register and/or subscribe and/or purchase the Program.
Payment Terms Applicable to all Products and Services.
The Company processes all purchases and payments via a third-party cart hosting and payment processing platform. Please read and review the terms of service and privacy policies of any third-party cart hosting and payment processing platform before you submit your payment information.
You agree to the fees and payment schedule selected at checkout and authorize the Company to charge payments from the payment method you provide at checkout.
If your Program purchase requires automatic subscription payments, you authorize the Company to charge automatic recurring payments from the payment method you provide at checkout.
If paying by debit or credit card, you give us permission to automatically charge your card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers.
If payment is not received when due, the Company reserves the right to terminate your access to the Program immediately and permanently.
If you fail to make a payment on time or voluntarily withdraw from the Program at any time or for any reason, you will remain responsible for the full cost of the Program and all payments in any payment plan you are subscribed to. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Payment Plan Terms.
When you purchase certain Program products, you may be offered the option to pay for your purchase via an installment payment plan. If you opt to pay for the Program via installment payments in a payment plan, your first payment will be due upon checkout. The recurring monthly payment will automatically be charged to your chosen payment method each month until you fulfill the terms of your payment plan.
This provision does not apply to payment plans you sign up for via third-party consumer financing platforms (e.g., FlexxBuy, AfterPay, Klarna, etc.,). If you have opted-in to a third party’s consumer financing payment plan, your payments will be governed by their terms and conditions.
PLEASE NOTE: In the event you decide to cancel or the Company terminates your participation in the Program, any remaining installment, default, or late payments in your payment plan will be due immediately. Even if you withdraw from the Program prior to its conclusion, or if the Company terminates your participation due to your violating these PToS, you are required by law to complete the remaining payments of your payment plan.
Subscription Payment Terms.
Certain Program products may be provided to you via a monthly subscription. When you subscribe to the Program, you will be charged an initial Program enrollment fee at checkout, followed by a recurring subscription fee automatically charged to your preferred payment method each month.
You may cancel your monthly subscription at any time by submitting a written 30-day Cancellation Request via email to support@ashleyeaster.com. Upon the Company’s receipt of your Cancellation Request, one more payment will be due, granting you access to the Program for 30 more days. For example, if you submit a cancellation request on September 15th, you will be responsible for one more payment in October, granting you access to the Program until October 31st, after which there will be no further charges.
PLEASE NOTE: If the Company terminates your Program participation due to your violating these PToS, you are required to complete any subscription payments due prior to the termination. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
4. REFUND POLICY
Your satisfaction with the Program is very important to us. However, due to the great time, effort, and preparation that goes into creating and providing the Program, we have a non-negotiable no refund policy. All sales are final. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment and no refunds will be provided to you at any time.
The Company reserves the right in its sole discretion to terminate your access and participation in the Program without notice and without refund if you in any way violate these PToS.
Due to the fact that we have a clear and explicit refund policy in these PToS that you have agreed to prior to completing your purchase of the Program, we will not accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address.
5. PROMOTIONS AND DISCOUNTS
The Company may, from time to time, in its sole discretion, offer certain promotional codes (“Promos”) for discounts. Promos only apply to qualifying items for a limited time. Promos are non-transferable and may not be resold. Promos are not redeemable for cash, credit, and cannot be applied toward previous purchases. Promos cannot be used in conjunction with any other offer or promotional discount and must be redeemed by the expiration date, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per person. Promos are void where prohibited. Your violation of these PToS will render the Promos invalid. The Company may terminate or modify any Promos at any time in its sole discretion.
6. COACHING AND THE COACH-CLIENT RELATIONSHIP
Certain Program products may include one-on-one or group coaching services. Coaching is a collaboration between the coach and client in a thought-provoking and creative process that inspires the client to maximize their personal and professional potential. Coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education, and recreation. Deciding how to incorporate coaching principles into those areas is exclusively your responsibility.
As a coaching client, you acknowledge that your coach is not a licensed mental health professional and does not provide psychotherapy, counseling, or any other mental health service that would require a license. Our Program does not and cannot provide those services. You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical, or other qualified professionals, and that it is your exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health professional, it is recommended that you inform your mental health care provider of the nature and extent of your participation in the Program.
Depending on the type of Program coaching services you have purchased, your coach will provide guidance to you either individually or in a group setting. Your coach will answer your questions through the forum your particular coaching Program provides, such as a live online coaching call or Q&A session, private message or email, a social media forum, the Company’s website, or other communication platform.
7. YOUR CONDUCT – KINDNESS AND RESPECT, ALWAYS
The Program is designed to be a safe space for you, your coach, and other Program participants to learn from, inspire, and support each other. In order to maintain the safety, sanctity, and positive atmosphere for all participants in the Program, you agree to treat your coach and fellow Program participants with the utmost kindness and respect at all times.
Any communication by you during coaching calls, in emails or text messages, or on the Company’s website and/or any third-party forums operated by the Company, whether vocally, or by leaving a comment, participating in a chat, public or private forum, or other communication platform, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You are strictly forbidden from the following:
Behaving in any way that endangers the safety of or negatively affects the Program, the Company, the coach, or any Program participants;
Harassing, fighting with, or being disrespectful to other participants;
Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, religion, or other labels;
Sharing private, confidential, or proprietary information from other participants with anyone else;
Causing damage to any Company website or third-party forums operated by the Company;
Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity;
Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, or other malicious software;
Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes;
or
Systematically or automatically collecting data from any website or third-party forums operated by the Company.
The Program is a “solicitation-free zone.” You agree you will not pitch, promote, advertise, market, or sell any other products, groups, programs, or events to other Program participants, unless you are authorized or requested to do so by the Company.
Please choose your words carefully when speaking during live calls or other live events. Choose carefully the materials that you upload, submit, or embed to any website operated by the Company and any third-party forums operated by the Company. Anything you say during group coaching calls and any material you post on the Company’s website or in any third-party forums operated by the Company may become public. You are responsible for Your Material and for any liability that may result from any material you post. You participate, comment, and post material at your own risk.
The Company does its best to create a safe and welcoming space for all participants, however, the Company cannot guarantee that all participants will follow these guidelines. The Company in its sole discretion may remove any participant’s comments, posts, content or materials, however, the Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, the Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.
If, in the Company’s sole discretion, your conduct violates these PToS in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content (as defined in Section 11(a)) without refund.
The Company in its sole discretion may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
8. CONFIDENTIALITY
All information (documented or verbal) that you share privately with your coach as part of your participation in this Program shall be kept private and confidential, unless you give your consent for us to share your information. However, the coach-client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. Furthermore, any information shared by you in a group forum with other Program participants will not be subject to any confidentiality protections.
The Company agrees not to disclose any confidential information pertaining to you without your consent. Confidential Information does not include information that: (a) was in the Company’s possession prior to its being furnished by you; (b) is generally known to the public or in your circle of friends, family, and co-workers; (c) is obtained by the Company from a third party, without breach of any obligation to you; (d) is independently developed by the Company without use of or reference to your confidential information; (e) the Company is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Company and as a result of such disclosure the Company reasonably believes there to be an imminent or likely risk of danger or harm to you or others; and (g) involves illegal activity.
You acknowledge that any and all group coaching calls, webinars, workshops, trainings, or any other live events you participate in may be recorded and provided to all Program participants and posted on the Company’s website or on third-party forums operated by the Company. Any and all information you explicitly or implicitly disclose during these recorded events may be made public and will not be covered under the protections of this Confidentiality clause.
You agree you will not share any recorded coaching calls, webinars, workshops, trainings, or any other live events or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.
You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients, strictly confidential.
These Confidentiality terms shall survive the termination, revocation, or expiration of this Agreement.
9. SECURITY
You acknowledge that there is an inherent risk in all forms of electronic communication. Communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the internet, telephone, video conference, or other electronic media. Any efforts you make to communicate with the Company or are made at your own risk.
10. ONLINE REGISTRATION
To access certain features of the Program, including any course modules or private forums, you may need to register a username and password. It is your responsibility to inform the Company before the Program start date if you have any technical difficulties accessing the Program. You agree to keep your username and password confidential. During the registration process, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to terminate your participation in the Program and refuse any and all current or future use of the Program or any Content, in whole or part, without refund.
11. INTELLECTUAL PROPERTY
Content Ownership.
All concepts, words, videos, voice and sound recordings, training materials, designs, layouts, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in emails or text messages sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
Your Limited License.
If you view, purchase or access any Program or Content, you will be considered our Licensee. You are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is the Company’s property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license are reserved by us.
Unauthorized Use.
Your use of any materials found in the Program or Content other than that expressly authorized in these PToS or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in these PToS would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least eighteen (18) years old.
The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website or in our Content at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
You grant the Company permission to use Your Material in anonymized form without any identifying details (for example, a screenshot of a post with your name and/or image completely blurred out), and acknowledge the Company may do so without any prior request for your consent. If you do not feel comfortable accepting this 11(d)(4) provision, you may opt-out by sending the Company a Testimonial Opt-Out request to: support@ashleyeaster.com.
Request for Permission to Use the Content.
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing by sending an e-mail to: support@ashleyeaster.com. Only if you are granted explicit permission from us may you use the Content.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in any other way outside of those parameters, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
12. TERMINATION OR CANCELLATION
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these PToS. In the event of cancellation or termination, you are no longer authorized to access the Program or Content. The restrictions imposed on you in these PToS with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.
If you would like to cancel your participation in the Program, you must notify the Company at least 30 days in advance via email to support@ashleyeaster.com. You will continue to have access to the Program materials and Content through the end of your billing period. You will not be issued a refund for any remaining days or months of the Program after your cancellation.
You agree that the payment, refund, and subscription cancellation terms outlined above in Sections 3 (Program Fees and Payment) and 4 (Refund Policy) of these PToS will remain in effect in the event you or the Company cancel or terminate your participation in the Program.
13. FORCE MAJEURE
The Company shall not be deemed in breach of these PToS if the Company is unable to complete all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company, or any local, state, federal, national or international law, governmental order or regulation, or any event beyond Company’s control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, the Company shall give you notice of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate these PToS.
If, due to the occurrence of any Force Majeure Event, the Company is unable to fulfill its obligations to you under these PToS, you may, in the Company’s sole discretion, be entitled to either a prorated monetary refund or voucher for future services equivalent to the cost of your remaining unused portion of the Program. Unless otherwise provided by law, the determination of whether or not you are entitled to any form of reimbursement is in the Company’s sole discretion and will be decided on a case-by-case basis.
14. LIMITATION OF LIABILITY, ASSUMPTION OF RISK, DISCLAIMER AND RELEASE
You agree that participation in the Program is done at your own risk and you acknowledge that the Company’s Program and Content are for informational and educational purposes only to provide you with education and tools to help you make your own decisions for yourself. You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
You agree and acknowledge that the Company makes no assurances about the ability to prevent any loss or damage to you or any other person or entity arising out of the use of the Program and Content. The Company makes no guarantees, representations, or warranties of any kind or nature, express or implied, with respect to our Program and Content. You assume all risks. We expressly exclude any and all liability or direct, indirect, or consequential loss or damage incurred by you or others by using or in connection to our Program and Content to the fullest extent of the law.
We shall not be held responsible or liable in any way for the information, products or materials that you request or receive from us. The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, medical professional, or other licensed professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
The Company does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable, due to any act or default of any Releasees or anyone otherwise affiliated with us. We do not assume liability for any Releasees or anyone otherwise affiliated with us who are engaged in rendering our services in any way or in any location.
In the event that you use our Program and Content or any other information provided by us or affiliated with us, we assume no responsibility. You specifically acknowledge and agree that the Company is not liable for any defamatory, offensive or illegal conduct of any other Program participant or user of our products and services, including you.
You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
Earnings and Results Disclaimer: You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. We may share or post affiliate links, which means that we may receive a commission, at no cost to you, if you make a purchase using these links.
The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE OR PROGRAM COMPONENTS HOSTED ON THIRD-PARTY PLATFORMS, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS CONTENT, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU FULLY UNDERSTAND AND AGREE THAT BY ENROLLING IN, PURCHASING, AND/OR USING OUR PROGRAM AND CONTENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS AND YOU ARE VOLUNTARILY AGREEING TO DO SO.
15. INDEMNIFICATION
You agree to defend, indemnify, release, and hold harmless the Company (including all affiliates, officers, directors, employees, contractors, partners, agents, successors, and assigns) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these PToS, (ii) any breach by you of these PToS or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum, platform, or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
16. DISPUTE RESOLUTION:
If a dispute arises out of or relates to these PToS, or the breach thereof, and if the dispute cannot be settled amicably through written correspondence, you and the Company agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (“AAA”). If the dispute cannot be settled through mediation, you agree now that the dispute shall be settled by binding arbitration administered by the AAA, and judgment on the award rendered by the arbitrator(s) shall be final and may be entered in any court having jurisdiction thereof. Furthermore, you agree that should mediation and/or arbitration take place, it will be held in [YOUR STATE].
You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your Program fee payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled to costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage Ashley Easter, Ashley Easter, LLC, or the Program. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
17. SEVERABILITY
If any provision of these PToS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of these PToS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
18. WAIVER
The failure of either party to enforce any provision of these PToS shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these PToS.
19. APPLICABLE LAW
These PToS shall be governed and construed in accordance with the laws of the State of [YOUR STATE], without giving effect to any conflicts of laws provisions.
20. INCORPORATION
Incorporated into these PToS are Ashley Easter, LLC’s Website Terms of Use and Privacy Policy.
21. ENTIRE AGREEMENT
These PToS reflect the entire agreement between the parties, and reflect a complete understanding of the parties with respect to the subject matter. These PToS supersede all prior written and oral representations.
By clicking on the check box when registering for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. If you do not agree with these PToS, do not purchase or use the Program or Content.