TERMS & CONDITIONS
(THESE TERMS OF PURCHASE & RETURN POLICY ARE IMPORTANT – PLEASE READ)
Last updated: October 15, 2020
Miriam Burke provides personal and professional development coaching, educational courses and resources, private consulting services, and group coaching services to help leaders communicate effectively, influence with knowledge, and improve their interactions.
When you use our websites (including, without limitation, https://miriamburke.com and https://miriamburke.vipmembervault.com/ and affiliated domains), interact with us on our social media properties or at virtual or physical events, or purchase and use our products, intellectual property laws protect our online courses, webinars, workshops, other events, videos, worksheets, downloadable materials, and any other products or materials provided after you make a paid purchase (“Products”) and all paid or free content on our websites, in our email newsletter, and on our social media properties (“Content”). We either own or have permission to use all the intellectual property rights to all protectable elements in the Products and Content, including without limitation, the logo, images, trademarks, service marks, design elements, layout, graphics, information, materials, documents, data, and text. We reserve all rights not specifically granted in these Terms.
Not Intended For Children
Content and Products are intended for individuals at least 18 years of age and legally able to enter into a contract, and when you buy or use our Content or Product, you represent and warrant that you meet both requirements. We disclaim all liability for the use or purchase of any Content or Products by individuals under 18 years of age. Children under 13 years of age may not use our Content or Products, and children between 13 and 18 years of age should obtain a parent’s or guardian’s permission before viewing, purchasing, or using our Content and Products.
Products For Internal, Noncommercial Use By One Business Only
We love it when you share about our work, but please keep in mind that our Content and Products are protected by copyright laws and are for personal use by one individual only. You may (i) view and use our Content, (ii) email and share short snippets of our Content on your social media platforms of choice, with proper attribution, tagging our social media profile in the image and text of your post, and a link back to our site where possible, and (iii) purchase and use our Products for personal, internal noncommercial use by one business only. Selling, sharing, redistributing, licensing, or sublicensing our Content or Products to an individual, business, or third party (other than an employee, contractor, or other agent using or implementing the Products within the scope of their services for your business) is prohibited. To the extent that you purchased Products for use by your employees, contractors, or other agents (collectively, “Agents”), prior to providing them with access to the Products, you agree to take precautions consistent with the highest industry standards, including without limitation entering into written agreements binding your Agents to terms at least as protective as these Terms, to ensure they do not sell or share the Content or Products, in whole or in part, or otherwise violate these Terms. In the event you or your Agents breach these Terms, you agree to pay us $5,000 USD per instance of breach within fifteen (15) days after the breach, which you agree has been incorporated into these Terms as a valid pre-estimate of damages that we will sustain, which will not be capable of precise determination. You agree this is not a penalty, but rather is the agreed-upon liquidated damages suffered as a result of your using or selling our Content or Products outside of these permitted and expressly limited usage Terms.
Payments for Products
When purchasing a Product, you will be directed to PayPal or Square to complete the transaction, and you authorize us to charge the payment method you select for the full amount of Product in your cart at checkout. Once payment has processed, you will be directed for immediate access to any digital Product you have purchased, unless the Product page indicated “pre-sale” or a specific event or delivery date. Within MemberVault, you will have the option to make additional “in-app” purchases of other Products.
We anticipate providing you with lifetime access to your purchased digital Products, however, platforms like MemberVault are constantly changing. So we may transfer your access to a different platform from time to time, or suspend platform access entirely, in which case we hope, but cannot guarantee, we can provide you with thirty (30) days’ prior notice to download all digital Products you have purchased. However, to ensure you never lose access to your purchased digital Products, you agree to download those digital Products within thirty (30) days after purchase.
For both digital and tangible Product purchases, unless the Product’s page indicated “pre-sale” or a specific event or delivery date, you will also receive a confirmation email after purchase that includes your MemberVault login information to access purchased digital Product and/or shipping information for purchased tangible Product, as appropriate.
If you have agreed to monthly payments, you hereby authorize the Company to draw annual or monthly automatic recurring payments from your credit card, covering all monthly dues and all other applicable payments for your subscription. If you elect an annual payment option, your payment for that year is charged upfront for your annual subscription. One (1) year from the month of purchase you authorize the Company to automatically charge the annual renewal for continued service. Thirty (30) days prior to the automatic renewal date, annual subscribers can request in writing to convert their annual subscriptions to month-to-month subscriptions.
All month-to-month subscriptions will renew automatically on a month-to-month basis, and monthly recurring payments, where applicable, will continue until notice of cancellation is received. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
The Company reserves the right to revoke access to the subscriptions if the balance is overdue or invoices are not paid in full. If for any reason you default on your contracted payment obligations, you hereby authorize the Company or its assignee to collect the outstanding monies, plus service charges and interest, in any method available to the Company. You shall indemnify the Company for all collection or legal fees incurred by it in order to satisfy Your payment defaults.
Billing Cycle: The membership fee for service or any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be automatically charged on a monthly, quarterly or annual basis depending on your billing cycle to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is canceled. To cancel your subscription submit a ticket at email@example.com.
No Refunds; No Chargebacks
All sales are final. All Product purchases are nonrefundable, and Products are not returnable under any circumstances. Because we have a clear No Refunds policy in these Terms and you have agreed to these Terms before purchasing a Product, we will not permit any actual or threatened chargebacks from you or your credit card company. In the event that we receive a chargeback threat during or after your purchase or a chargeback is placed on your purchase, we will report your name, email, order date and amount, billing address, and a description of the incident to Equifax, Experian, and TransUnion credit bureaus, and to any other entity in our sole discretion, to ensure the incident is included in chargeback databases and delinquent account listings. That report may negatively impact your credit score, and we will require that you make full payment of the chargeback amount plus any attorney fees or other expenses incurred in connection with the chargeback incident before we will remove you from those databases.
Testimonials Representative of Actual Client Experiences, Not Guarantee of Your Experience
The testimonials, statements, and opinions presented in our Products were provided voluntarily by actual clients, and we did not provide free products, services, or any other benefits in exchange for those testimonials. While those testimonials are representative of actual client experiences, the exact results and experience will be unique for each individual. Therefore, we cannot and do not make any representations or guarantees about any particular results or earnings you may experience from using the Products.
General Educational Purpose Only; No Warranty; Not Professional Advice
We provide and sell the Content and Products for general informational and educational purposes only. While we use reasonable efforts to include accurate and up-to-date information in our Content and Products, we cannot make any representations or warranties as to the accuracy of information in either. We assume no liability or responsibility for any errors or representations in the Content and Products. We are not licensed financial, legal, medical, or other professionals, and no professional relationship is formed when you use the Content or Products. Nothing in the Content or Products is provided or intended as a substitute for financial, legal, medical, or other professional services or advice, and you agree we are not responsible for your reliance on any advice or opinions in the Content or Products. We strongly recommend you consult your own financial advisor, legal counsel, or other professional, as you are ultimately responsible for determining what is best for your unique situation and your business.
Results Not Guaranteed
We do not make any guarantees that you will achieve any particular result, including without limitation potential profits, losses, future income, sales, or expenses, through the use of our Content or Products, as results will be unique for each individual and business. You understand that results are based mostly on an individual’s and business’s efforts and circumstances, as well as other factors outside our control (e.g., industry standards, regulations, fluctuations in the economy), so we disclaim all liability for the failure or success of any business decisions you make that may impact your financial status or earnings.
Disclosure of Affiliate Products
Generally, we write and edit the Content and Products on our websites, and we believe in providing honest, reliable information. Occasionally, we may choose to include Content or Products created by trusted third parties with whom we have developed business relationships. Some of that trusted third-party Content and Products may involve us accepting forms of compensation (e.g., advertising, sponsorships, affiliate links, and free products). In those cases, the compensation received may influence trusted third-party or our original Content and Products on our websites, so we will identify that content as sponsored, paid, affiliate, or co-branded content. However, all opinions expressed on our websites are our own, and even when we are paid for some content or advertisements, we give our honest opinions or experiences about those products, services or topics. As with any other information provided on our websites, before you rely or act on any information provided on our websites, you should verify that information independently, which may involve reaching out to the trusted third party directly.
You Are Responsible For Content You Submit or Post
Please be mindful when you choose to submit, post, or otherwise share any content on our websites, social media properties, or at virtual or physical event venues, as that content is public, and you are responsible for your content and any liability that may result from your posted content. When you submit, post, or otherwise share content on our websites, social media properties, or at virtual or physical events, you do so at your own risk.
We require that any content you submit, post, or otherwise share on our websites, social media properties, or at virtual or physical events be respectful and posted only once. We prohibit the sharing of content that is illegal, abusive, offensive, threatening, harassing, vulgar, harmful, defamatory, obscene, or otherwise in violation of others’ rights or applicable laws, and we may delete any content, in full or in part, for violation of our content guidelines or for any other reason. However, we do not have an obligation to monitor content submitted by you or other third parties, so we cannot be responsible or liable for damages or losses arising from third party content. We do not make any representations regarding the accuracy of any third-party content.
Permission to Use Content You Submit Or Post
In the event you choose to submit or post any content on our websites, social media properties, or at our virtual or physical events, or tag us in posts you share on your social media profiles (e.g., comments, photos, videos, other feedback or written content), you represent and warrant that you own or have permission to share that content. We will not claim ownership rights in that content; however, you grant us a nonexclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, copy, publish, distribute, and publicly perform that content, in whole or in part, and your name and likeness in connection with that content, in any medium or manner currently known or later developed, for any purpose, including the promotion of our Products and Content and other commercial purposes.
THE CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE CONTENT AND PRODUCTS AND WE DO NOT WARRANT THAT THE CONTENT OR PRODUCTS OR ANY OF THEIR FUNCTIONS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS INCLUDED IN THE PRODUCTS, DELAYS OR FAILURES IN DELIVERY OF THE CONTENT OR PRODUCTS, OR ANY OTHER RESULTING DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM VIRUS ATTACKS, INTERNET CONGESTION, AND DENIAL OF SERVICE ATTACKS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
Assumption of Risk
You acknowledge that the Products have not been prepared to meet any specific requirements you may have. When you purchase, download, use, or participate in any Product, you knowingly and voluntarily assume all risks, including elements of inherent risk, and responsibility for injuries to any person or damages to any property.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL MIRIAM BURKE, HER MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND OTHER AGENTS (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU, EVEN IF MIRIAM BURKE AND OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OR ANY OTHER REMEDY.
THE MAXIMUM LIABILITY OF MIRIAM BURKE AND OUR REPRESENTATIVES FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS WE HAVE PROVIDED TO YOU SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU HAVE PAID TO US FOR THE PRODUCT(S) INVOLVED IN THE CLAIM DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. IF YOUR USE OF THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL DIRECT AND RELATED COSTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO DEPENDING ON YOUR STATE OF RESIDENCE, ALL OR A PORTION OF THIS PROVISION MAY NOT APPLY.
You agree to defend, indemnify, and hold harmless Miriam Burke, her managers, members, past and present employees, contractors, volunteers, representatives, agents, affiliates, successors, and assigns (collectively, “Releasees”) from and against all actions, suits, claims, losses, liability, costs, and expenses, including attorney fees (collectively, “Claims”) arising out of or in connection with: (i) your viewing, purchase, downloading, use, or participation in the Content and Products; (ii) any content you submit to our websites, social media properties, or at our virtual or physical events, or tag us in on your social media profiles, or (iii) your violation of these Terms. This provision shall apply regardless of Miriam Burke’s or the Releasees’ negligence, if any.
Content and Product Availability; Delivery; Force Majeure
We do our best to ensure uninterrupted, error-free availability, and delivery of the Content and Products. However, we cannot guarantee your access will never be suspended or restricted due to circumstances outside our control and because we occasionally need to make repairs, maintenance, or updates to our Content, Products, and websites.
Miriam Burke and our Representatives shall not be liable to you for any delay or failure by us to perform our obligations under these Terms to the extent arising from any cause beyond our reasonable control, including, without limitation, acts of God, floods, fires, epidemics, and other public health and safety concerns, government orders and recommendations, local public health agency restrictions and recommendations, loss of electricity or other utilities, labor strike, illness, or delays or failures by you in performing any obligation under these Terms. We will not provide refunds for these or any other reasons; however, we will offer an alternative method of fulfillment (e.g., replacing a live Zoom webinar with a recorded version, or rescheduling to a future date), as determined in our sole discretion.
The Content and Products may contain links to other sites on the internet that are owned and operated by third-parties (“External Sites”). We have no control over those External Sites and are not responsible for the availability of or materials provided on or through those External Sites. We recommend you research independently all recommended resources, and you agree to assume all responsibility for your decision to enter into any transaction or other relationship with those third parties.
Protecting Personal Information
Protecting others’ personal information is equally important to us. You shall not transmit to us or upload to our websites any Harmful Code or use or misappropriate the data on our websites or in our Content or Products for your own commercial gain. “Harmful Code” includes, without limitation, any software (e.g., viruses, trojan horses, worms, time bombs, time locks, drop dead devices, traps, access codes, cancelbots, or trap door devices that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on exceeding a number of copies, exceeding a number of users, passage of a period of time, advancement to a particular date or other numeral, use of a certain feature, or any other event; or (b) would enable an unauthorized person to cause that result; or (c) would enable an unauthorized person to access another person’s information without that other person’s permission. We may refuse access to our websites, Content and Products without notice if you fail to comply with these Terms.
Governing Law; Location for Disputes
These Terms and any disputes arising out of or in connection with these Terms or the Content or Products shall be governed by and construed in accordance with the laws of the State of California without regard for its conflict of law provisions. Any matter involving interpretation or enforcement of these Terms shall be brought in the state or federal courts in Marin County, California. By purchasing, using, viewing, or participating in the Products, Content, and our websites, you hereby accept the exclusive jurisdiction of those courts. We shall be entitled to recover its attorneys’ fees and costs in enforcing its rights under these Terms in the event of a violation of our intellectual property rights or other breach of these Terms, whether we choose to enforce our rights through negotiation, mediation, arbitration, or litigation.
Any notices to you regarding these Terms and the Products will be provided by email using the contact information provided by you when you last purchased the Products. Notice will be deemed given one (1) business day after email transmission from us, or two (2) business days after the date of posting on our websites or elsewhere, as may be appropriate under the circumstances or otherwise required by law.
If you have any questions about our Products, Content, or any of our terms or policies, including these Terms, please email us at the address provided at the bottom of these Terms and include the name of the terms, policy, product, or services in the subject line.
Failure by either party to enforce any provision in these Terms is not a waiver of future enforcement of that or any other provision. The waiver of any breach of these Terms is not effective unless in a written agreement signed by the waiving party and is not a waiver of any other or subsequent breach.
We will update these Terms occasionally to reflect changes in the law, our Content and Products, our practices, and advances in technology. When we post those changes, we will revise the “Last Updated” date at the top of these Terms. If we make any material changes to these Terms, we will take reasonable steps to notify you or obtain your consent, which could include notifications through our websites, via email, or as otherwise may be required by law. Please review any changes carefully. Any access or use, including your continued use, of the Content, Products or our websites by you after we have posted the updated version of these Terms will mean you consent to and accept those changes. If you do not consent to any changes, you may cease using and viewing our Content and Products and contact us to request the deletion of your personal information.
Severability; Entire Agreement
If you have any questions or feedback about our Content, Products, or anything in these Terms via email or mail to:
285 Marin Dr., Mill Valley, CA 94941