Terms & Conditions
Emily De Rean LLC
6125 Luther Ln.
Dallas, TX 75225
Effective Date: July 14, 2023
Whenever "us", "we", or "our" are mentioned, they collectively denote the network of websites owned and operated by Emily De Rean LLC, which includes several Websites. A "Browser" is an individual who merely explores our Websites. A "Subscriber" is someone who has signed up on one of our Websites to avail our Services. The term "User" is a broad reference that encompasses both a Browser and a Subscriber. "Offerings" refer to any products or services we either sell or provide at no charge.
All text, graphics, designs, and data accessible across our Websites or Services, whether produced by our Subscribers or by us, are cumulatively referred to as our "Content". We classify content posted by our Subscribers as "Subscriber Content".
Glossary of Websites: In this Agreement, the following terms refer to the websites owned and operated by Emily De Rean LLC:
"Our Website" or "Websites": These terms refer to thesmomi.com, holygrailofdating.com, yourfrenchbff.com, onlinedatingsecretfiles.com, including all its pages, content, software, and services.
"Third-party Websites": This term refers to any website or webpage not owned, operated, or controlled by Emily De Rean LLC. This includes kajabi.com, samcart.com.
“Affiliated Websites": This term refers to any website or webpage owned, operated, or controlled by a company or entity affiliated with Emily De Rean LLC.
Any additional websites owned or operated by Emily De Rean LLC will be added to this Glossary as necessary, with a corresponding definition for each term. This Glossary is incorporated into the Agreement by reference, and the terms defined herein have the meanings set forth above throughout the Agreement, unless otherwise specified.
This Contract is made between you and Emily De Rean LLC, including all websites under its management like Our Websites. THIS CONTRACT INCLUDES WARRANTY DISCLAIMERS AND OTHER CLAUSES THAT REDUCE OUR LIABILITY TO YOU. WE URGE YOU TO THOROUGHLY READ THESE TERMS AND CONDITIONS, AS UTILIZING, ACCESSING, AND/OR PERUSING OUR WEBSITE IMPLIES CONSENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT CONSENT TO EACH AND EVERY TERM AND CONDITION STATED HEREIN, KINDLY CEASE USING, ACCESSING, OR BROWSING OUR WEBSITE IMMEDIATELY.
Unless stated otherwise, this Contract represents the complete and only Agreement between you and Emily De Rean LLC, including Our Websites, and it replaces all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter discussed herein. However, to use our Website and/or Services, you might need to consent to additional terms and conditions. Unless stated otherwise, these additional terms and conditions will be integrated into this Agreement.
Our Privacy Statement is an integral part of this Contract and is accessible on our websites. If you do not accept and consent to all terms of this Contract, inclusive of the Privacy Statement, refrain from using our Websites or our Services.
Any legal dispute or assertion originating from or linked to this Contract and/or our Service, barring legal action initiated by us to recoup damages or secure any injunction related to the operations of our websites, intellectual property, and our Service, will be resolved exclusively by binding arbitration in line with the commercial arbitration rules of the American Arbitration Association. Any such dispute or assertion will be arbitrated individually and will not be amalgamated in any arbitration with any assertion or dispute from any other party.
Governing Law and Jurisdiction
This Contract shall be deemed as having been executed and carried out in Dallas, Texas, and will be governed by and interpreted in line with the laws of the state of Texas, excluding any principles of conflicts of law. Moreover, you agree to submit to the personal jurisdiction and venue of such courts. Any legal recourse by you in relation to our Websites or Services must be commenced within one (1) year after the cause of action emerges, or it will be indefinitely forfeited and barred.
Emily De Rean LLC, inclusive of all its associated Websites, confers upon you a non-exclusive, non-transferrable, and revocable license to access and utilize our Websites and Services in strict compliance with this Contract. Your use of our Websites and Services is exclusively for internal, personal, non-commercial purposes unless explicitly stipulated otherwise in this Contract. Under no circumstances should any print or digital version of any portion of our Websites or Services be utilized by you in any legal disputes or arbitration proceedings.
You agree to abide by all relevant local and international laws, statutes, regulations, and ordinances in relation to your usage of our Websites, Content, Services, and any software encompassed within.
Our Connection to You
This Contract does not establish any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Emily De Rean LLC, inclusive of all its associated Websites.
Our Intellectual Property
Our Websites might display our service marks or trademarks as well as those of our affiliates or other entities in the form of words, graphics, and logos. Your usage of our Websites or Services does not confer upon you any rights or licenses to use our service marks or trademarks without the prior written consent of Emily De Rean LLC, including all its associated Websites.
Our Content, as exhibited within our Websites and Services, is safeguarded under United States and international copyright laws. The duplication, redistribution, use, or publication by you of any such Content is stringently forbidden. Your use of our Websites and Services does not bestow upon you any ownership rights over our Content.
Eligibility and Membership Registration
To avail our Services, you need to register on our Websites to become a Subscriber. Your Subscription cannot be transferred or delegated and is null where prohibited. Emily De Rean LLC, including its associated Websites, holds the exclusive right and discretion to decide whether to accept a Subscriber, and may reject a Subscriber's registration without providing any explanation.
Upon successful completion of the registration process, you will receive a password that grants you access to our Services. You commit to preserving the confidentiality of your password and accept full responsibility for all liabilities and damages resulting from your inability to maintain that confidentiality, as well as all activities occurring due to the use of your password.
You agree to promptly notify us of any unauthorized use of your password or any other breach of security. You acknowledge that our Websites cannot and will not be held liable for any loss or damage resulting from your non-compliance with password security as outlined herein.
Errors, Corrections, and Changes
We do not guarantee or warrant that our Websites will be error-free, free from viruses or other harmful components, or that we will rectify any errors. We do not assert or warrant that the information accessible on or through our Websites will be correct, precise, timely, or otherwise dependable.
Emily De Rean LLC, including Our Websites, reserves the right at our sole discretion to modify any content, software, and other items used or contained in our Websites or Services at any time without notice.
Our Courses, Products, Services, and Course Materials are intended solely for informational and educational purposes. To the greatest extent permitted by law, we explicitly disclaim any liability for any direct, indirect, or consequential loss or damage suffered by you or others in connection with our Courses, Products, Services, and Course Materials, including but not limited to any liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business disruptions, improper application of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, regardless of cause, whether in negligence, breach of contract, or otherwise, even if foreseeable. You specifically recognize and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Course, Product, Service, or Course Materials participant or user, including you.
Medical Disclaimer: Our Courses, Products, Services, and Course Materials should not be interpreted as or relied upon as medical advice or mental health advice in any way. The information disseminated through our Courses, Products, Services, and Course Materials is not intended to serve as a replacement for professional medical advice, diagnosis or treatment that can be provided by your personal physician, nurse practitioner, physician assistant, therapist, counselor, mental health professional, licensed dietitian or nutritionist, clergy member, or any other licensed or registered healthcare provider. Do not dismiss professional medical advice or postpone seeking professional advice because of information you have read in our Courses, Products, Services, and Course Materials, or received from us. Do not cease taking any medications without consulting your physician, nurse practitioner, physician assistant, mental health provider or other healthcare professional. If you believe you have a medical or mental health problem, contact your healthcare provider immediately. We are not offering healthcare, medical or nutritional therapy services or attempting to diagnose, treat, prevent, or cure any physical ailment, or any mental or emotional issue, disease, or condition in any way whatsoever. We are not providing medical, psychological, or religious advice of any kind.
Legal and Financial Disclaimer: Our Courses, Products, Services, and Course Materials should not be interpreted or relied upon as business, financial, or legal advice in any way. The information disseminated through our Courses, Products, Services, and Course Materials is not intended to substitute professional advice that can be provided by your personal accountant, lawyer, or financial advisor. We do not provide financial or legal advice of any kind. You are hereby encouraged to consult with your personal accountant, lawyer, or financial advisor for any queries or concerns you have regarding your income and taxes in relation to your unique financial and/or legal situation. You acknowledge that we bear no responsibility for your earnings, 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 may occur as a result of information provided to you through our Courses, Products, Services, and Course Materials. You bear full responsibility for your outcomes.
Earnings Disclaimer: Please acknowledge that we have not made, and do not make, any representations regarding physical, mental, emotional, spiritual, or health benefits, future income, expenses, sales volume, or potential profitability or loss of any kind that may result from your involvement in our Programs, Products, Services, or Program Materials. We cannot guarantee that you will achieve a specific outcome, either positive or negative, financial or otherwise, through the use of our Programs, Products, Services, or Program Materials. Understand and accept that individual results will vary. We explicitly disclaim any responsibility for your decisions, actions, results, use, misuse, or non-use of the information obtained or provided through any of our Programs, Products, Services, or Program Materials. You agree that your results are entirely your own, and we are not liable or accountable in any way for those results.
Our Websites publish content provided by third parties, Users, advertisers, merchants, and sponsors. Emily De Rean LLC and our collection of websites, therefore, do not exercise editorial control over such content. Any opinions, information, or content expressed or made available by third parties, including information providers, Users, or any other users of our Websites, are those of the respective author(s) and not of Emily De Rean LLC or our collection of websites. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose, nor the legality of any content provided by any of these parties.
Please understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and merchants. You agree that your use of or purchase from such merchants is ENTIRELY AT YOUR OWN RISK AND WITHOUT WARRANTIES OF ANY KIND FROM US. All rules, legal documents (including privacy policies), and operating procedures of merchants will apply to you while on any merchant websites.
You hereby acknowledge that nothing contained in our Websites will constitute financial, investment, legal, or any other professional advice and that no professional relationship of any kind is created between you and Emily De Rean LLC and our collection of websites or our Members. You agree that you will not base any financial, investment, legal, or other decision in whole or in part on anything contained in our Websites or Services.
Emily De Rean LLC and Our Websites, among others are not liable or responsible in any way for any Content featured on our Website or in connection with our Services, regardless of whether it is posted or caused by Members of our Website, or by Emily De Rean LLC and Our Websites. Even though we have rules for Member behavior and postings, we do not control and are not accountable for what Members post, transmit, or share on our Website or Services, and are not responsible for any content that is offensive, inappropriate, obscene, unlawful, or otherwise objectionable that you may encounter using our Website or Services. Emily De Rean LLC and Our Websites are not responsible for the online or offline actions of any User of our Website or Services.
Our Websites or Services might be temporarily unavailable from time to time due to maintenance or other reasons. Emily De Rean LLC and the Websites assume no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, failures of communication lines, theft or destruction, unauthorized access to, or alteration of Member communications.
Emily De Rean LLC and Our Websites are not responsible for any technical malfunctions or other issues of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or for any failure of email due to technical problems or traffic congestion on the Internet, or for any combination thereof. This includes injury or damage to Members' or any other person's computer, mobile phone, or other hardware or software, related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Emily De Rean LLC and Our Websites will not be responsible under any circumstances for any loss or damage, including personal injury or death, resulting from anyone's use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
The information, content, and documents provided on our Website are given "as-is", "as available", with "all faults". All express or implied warranties are disclaimed, including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose. Our Website and Services may contain bugs, errors, problems, or other limitations.
Emily De Rean LLC AND Our Websites, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. Emily De Rean LLC AND Our Websites CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Emily De Rean LLC AND Our Websites DO NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE CAUTION IN THE DOWNLOAD AND USE OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
Without limiting the foregoing, you understand and agree that you download or otherwise obtain content and related software from or through our Website or Services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data, or other harm of any kind that may result. We, along with all our affiliates, are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and Emily De Rean LLC and Our Websites
Our Website and Services would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through our Website or Services will create any warranty, representation, or guarantee not expressly stated in this agreement.
Member Behavior Guidelines
Members are permitted to share their own content on our Services (Members Content). Members and Visitors acknowledge that they may come across content that they find offensive, inappropriate, or objectionable while using our Website or Services. Emily De Rean LLC and its Websites does not control Member Content and makes no promises about its quality, accuracy, or integrity. We do not take responsibility for monitoring or filtering Member Content. If any Member Content is found to be illegal, Emily De Rean LLC. and Our Websites will supply all necessary information to the appropriate authorities.
Should any Member Content be reported to Emily De Rean LLC and Our Websites as being offensive or inappropriate, we may request the Member to retract or modify the questionable content within 24 hours of being notified. If the Member does not comply with such a request, Emily De Rean LLC and Our Websites reserve the right to restrict the Member's ability to post Member Content, or to immediately terminate the Member's membership without any further notice.
We reserve the right to remove any Member Content that breaches this Agreement or that is deemed objectionable at our sole discretion. Members are responsible for ensuring their content complies with all relevant local, state, federal, and international laws, including copyright and trademark laws.
As a Member, you affirm that you will not utilize our Services in a way that infringes upon the intellectual property rights of others.Emily De Rean LLC and Our Websits has a policy, in accordance with the DMCA and other relevant laws, of terminating the memberships of those who infringe upon others' intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
1. Upload, post, or transmit any Member Content that:
- Violates any local, state, federal, or international laws.
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Causes harm, threats, defamation, promotes violence or illegal activities, or is otherwise objectionable.
- Contains any personal information of a third party, such as addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
- Contains any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
- In Emily De Rean LLC and Our Websites sole judgment, is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or may expose us, our affiliates, or our Users to any harm or liability of any type.
2. Use our Content to:
- Develop a rival website.
- Create compilations or derivative works as defined under United States copyright laws.
- Redistribute it in any manner, such as sale, license, lease, rental, subscription, or any other distribution method.
- Decompile, disassemble, or reverse engineer our Website, Services, and any related software.
- Use our Website or Services in any way that violates this Agreement or any local, state, federal, or international laws.
Content Licensing Agreement
By sharing, displaying, transmitting, performing, or otherwise distributing information or other content (Member Content) on our Website, you are granting Emily De Rean LLC and Our Websites, along with its directors, employees, officers, consultants, representatives, and affiliates, a license to utilize your Member Content.
This license includes, but is not limited to, the rights to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat the Member Content. These actions can be taken in relation to the operation of the business of Emily De Rean LLC and Our Websites, its directors, employees, officers, affiliates, representatives, consultants, and agents.
Please note that you will not receive any compensation for any Member Content that you post on our Website or Service. Furthermore, by posting Member Content, you are warranting and representing that you either own the rights to the Member Content or have the necessary authorization to post, display, distribute, perform, or transmit the Member Content.
Action on Unlawful Activity
Emily De Rean LLC and Our Websites retain the right to delve into complaints or reported violations of this Agreement, and respond in any manner we find suitable. This may include, but is not limited to, reporting any potential unlawful activities to relevant authorities, such as law enforcement, regulators, or other third-party entities.
In these instances, we reserve the right to disclose any information we consider necessary or suitable to these individuals or entities. This could pertain to your profile, email addresses, history of usage, materials posted, IP addresses, and traffic data.
Linking to Our Websites
You may establish links to our Website(s) as long as (a) you do not obscure or remove any part of our Website through framing or other methods, (b) your website does not participate in illicit or pornographic activities, and (c) you immediately stop providing links to our Website upon our request.
Links to Third-Party Websites
Occasionally, our Website may contain links to third-party websites. The presence of links to any website on our Website does not signify that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data provided by such third-party websites.
Emily De Rean LLC and Our Websites have no jurisdiction over the legal documents and privacy practices of third-party websites; any interaction with such third-party websites is at your own risk. We encourage that you review the privacy notices and terms and conditions of those websites to fully understand what information is collected and how it is utilized.
You declare and guarantee that, if you are purchasing something from us, (i) all payment information you provide is accurate and complete, (ii) all charges incurred by you will be honored by your bank or credit card company, (iii) you will settle the charges you incurred at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, inclusive of any surcharge we may incur due to the dishonored payment.
Given the digital nature of our programs, products, and services, we have established a refund policy. If you wish to request a refund, you may do so under the specific terms and conditions outlined for the respective product. Please note, your refund request must fall within the specified allowable timeframe. We may reimburse your purchase price within thirty (30) days from the purchase date with written notification to us expressing your wish for a refund. Refunds will be granted if the Subscriber does not exceed the number of lessons to qualify for a refund for the given product or program. Lesson completion is evaluated by our Third-party Websites.
The guarantee refund policy is limited to one (1) per customer per lifetime of membership. Should you independently choose to make a subsequent purchase after receiving a refund, please be aware that this decision forfeits your right to future guarantee refund policies. This is a condition of our refund policy, designed to ensure the integrity of our transactions.
Contact email@example.com for assistance.
Termination of Membership
Your membership with us remains effective until it is terminated either by you or us. Your rights under these Terms and Conditions will cease without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you must cease to identify yourself as a registered Member or Client. Any information or content (including all copies) procured from our Website must be deleted or destroyed. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will persist post termination of this Agreement.
You agree to indemnify, defend, and hold harmless us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or usage of our Website or Services.
Severability and Survival
In the event any portion of this Agreement is deemed invalid or unenforceable, that portion will be construed in accordance with the applicable law while the remaining portions will continue in full force and effect. If any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be considered a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to alter these Terms and Conditions at any time by providing you with advanced notice of the changes via email or in writing. We will also post these changes on our website. These changes will take effect 30 days after the receipt of the notice. To avoid any misunderstanding, no unilateral amendment will retroactively alter agreed dispute-resolution provisions of these Terms and Conditions, if any, such as arbitration provisions for then-pending disputes, unless the parties expressly agree otherwise. Your continued usage of our Website, Services, and Products after any modification to these Terms and Conditions and our notifying you will constitute your acceptance of such modification. If you disagree with the alterations to these Terms and Conditions, you have the option to discontinue the use of our Website, Services, and Products.