EMMA MAGENTA COACHING LLC TERMS OF USE

Emma Magenta LLC welcomes you. We invite you to access and use our websites, including, without limitation, emmamagentacoaching.com and https://emmamagenta.vipmembervault.com/ (the “Websites”).

BY VISITING THE WEBSITES, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

This Terms of Use Agreement (“Terms of Use”) is between Emma Magenta Coaching, LLC (hereinafter “EMC”) and the User (“user”, “you”, “your”). These Terms of Use applies to EMC’s websites available at: 1) https://www.emmamagentacoaching.com and, 2) any other website or mobile application to which these Terms of Use are attached (collectively the “Sites”). By using the Sites, you agree to be bound by these Terms of Use and to use the Sites in accordance with these Terms of Use, the Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Sites or to products and services available through the Sites or from EMC. Accessing the Sites, in any manner, whether automated or otherwise, constitutes use of the Sites and your agreement to be bound by these Terms of Use.

On the websites we provide coaching and education for ADHD women via email, blog and live events including webinars. We provide the following, which are available for purchase: digital courses, live classes, and one on one coaching (the “Service”).

Use of the websites including all materials presented herein and all online services provided by EMC is subject to the following Terms and Conditions. These Terms and Conditions apply to all website visitors, customers, and all other users of the websites. By using the Websites or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Websites, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Websites. Information provided on the Websites and in the Service related to coaching and other information are subject to change. EMC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. EMC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to EMC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Websites and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Websites. You agree to use the Websites and to purchase services or products through the Websites for legitimate, non-commercial purposes only. You shall not post or transmit through the Websites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Websites or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

LIMITED LICENSE

This Sites and all the materials available on the Sites are the property of EMC and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Sites are provided solely for your personal noncommercial use. You may not use the Sites or the materials available on the Sites in a manner that constitutes an infringement of EMC’S rights or that has not been authorized by it. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner or medium (including by email or other electronic means) any material from the Sites. You may, however, from time to time, download and/or print one copy of individual pages of the Sites for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Service. Content you submit to the Site remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant EMC a worldwide, nonexclusive, irrevocable license to display the Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold EMC harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

THE DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by EMC infringe your copyright, you, or your agent may send to EMC a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon EMC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to EMC a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notice of claims of copyright infringement or counter notices may be sent to hello@emmamagentacoaching.com.

LINKS TO THE SITES

You may establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your website by EMC or by the Sites. However, you may not, without EMC’s prior written permission, frame or inline link any of the content of the Sites, or incorporate into another website or other service any of EMC’s material, content or intellectual property.

DISCLAIMERS

Throughout the Sites, EMC may provide links and pointers to websites maintained by third parties. EMC’s linking to such third-party websites does not imply an endorsement or sponsorship of such websites, or the information, products or services offered on or through the websites. In addition, neither EMC nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on websites linked to by EMC on the Sites.

All information provided through the Sites, whether presented in a blog or other medium, is for informational purposes only and designed for your general education when using the Sites. It is not, nor is it intended to be, professional medical or mental health advice, or a substitute for the same. Engagement with the materials on the Sites does not create a coach-client relationship. You should always seek the advice of your physician, mental health provider or other qualified health provider with any questions you may have regarding a medical or mental health condition. You should never disregard professional medical or mental health advice, or delay seeking it, because of something you or any other user has read on the Sites.

Self-help information and information from the internet is useful, but it is not a substitute for professional advice. You should always seek the advice of your physician or mental health professional before taking any action in response to any information on the Sites. Any action on your part in response to the information provided in the Sites is at your own risk. You should consult your own physician or care provider concerning the information on the Sites.

IF YOU ARE IN NEED OF HELP, OR ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 OR CONTACT A PHYSICIAN OR MENTAL HEALTH PROFESSIONAL. If you believe you have any other physical or mental health problem, or if you have any questions regarding your physical or mental health or a medical condition, you should promptly consult your physician or mental health professional or other healthcare provider.

LIMITATION OF LIABILITY

In no event shall EMC, its contributors, authors or advisors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the use of or inability to use EMC’s Sites, its content, or the use of any product, information, idea, service or instruction contained in the information provided on the Sites, whether based on warranty, contract, tort or any other legal theory, and whether or not EMC its contributors, authors, advisors, members and affiliate organizations are advised of the possibility of such damages.

ASSIGNMENT

These Terms of Use shall be binding upon and inure to the benefit of EMC and its respective assigns, successors, heirs and legal representatives. Neither these Terms of Use nor any rights hereunder may be assigned without the prior written consent of EMC. Notwithstanding the foregoing, all rights and obligations under these Terms of Use may be freely assigned by EMC to any affiliated entity or any of its wholly owned subsidiaries.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey and any dispute shall be subject to binding arbitration in Union County, NJ. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

CHANGES IN EMC TERMS OF USE

EMC reserves the right to make changes to these Terms of Use at any time and for any reason without prior notice. Any changes to these Terms of Use will be posted on this page so that you are always aware of EMC’s current Terms of Use. It may also contact you by email with changes. Additionally, it will update the “last updated” date below.

CONTACTING EMMA MAGENTA COACHING

Please email any questions or concerns regarding these Terms of Use to hello@emmamagentacoaching.com. While EMC may not be able to respond to every report, it takes each report seriously and will investigate it thoroughly.

Last Updated: April 4, 2024