Terms of Service
Welcome to ErnestandJemima.com website (the “Website”). The following membership agreement (the “Membership Agreement”) contains the terms and conditions that govern your use of the Website and our Services (as defined below). This Membership Agreement describes your rights and responsibilities, as well as what you can expect from the Website and our Services.
Read this agreement carefully! It explains our refund policy, the mutual requirement to arbitrate claims, and your obligation to bring any claim in your individual capacity. If you do not agree with any of these terms, do not access or otherwise use our Website or Services, or any information or materials contained on the Website.
ErnestandJemima.com (“Ernest and Jemima” and “We”) own and operate the Website and reserve the right to add, delete, and modify any of the terms and conditions contained in this Membership Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this Membership Agreement, the new terms will be posted to the Website, and you may also be notified by email. If any modification is unacceptable to you, your only recourse is not to use the Website and our Services and to request an immediate termination of your membership.
1. Our Services
1.1. We provide a range of educational products and services through the Website (all such products and services, collectively, the “our Services”), including without limitation training and materials for you to develop and promote your online business. We reserve the right to add, change, or delete prices, content or services from the Website or our Services from time to time.
1.2. During the trial period (the “Trial Period,” the duration of which is indicated on the sign-up page) you may cancel your membership. To be eligible for a refund, you must notify us within the Trial Period. Any refunds requested after the Trial Period will be denied. You may not sign up for more than one trial membership.
1.3. If you do not cancel during the Trial Period, You agree to pay, and authorize automatic recurring billing of, the membership fee with your credit card, or other payment methods, until subsequently cancelled. You understand and agree that each automatic recurring billing of the membership fee after the Trial Period is not refundable and will not be prorated.
2. Use of the Website and our Services
2.1. You may only have a single membership account.
2.2. You agree to pay, and authorize automatic recurring billing of the membership fee with your credit card or other payment methods, until you cancel. Your account will be charged every month. You understand and agree that each automatic recurring billing of the membership fee is non-refundable and will not be prorated. You authorize ErnestandJemima.com to initiate debit entries from the account provided for the membership fee, as well as any other purchases made on the Website. You may cancel at any time by contacting Customer Support at [email protected].
2.3. You agree to seek a charge-back for any charge only after contacting ErnestandJemima.com and giving ErnestandJemima.com a reasonable opportunity to resolve your concerns. If you request a charge-back without giving ErnestandJemima.com this opportunity, you agree to be liable to ErnestandJemima.com for any fees, costs, or expenses (including without limitation reasonable attorneys fees) ErnestandJemima.com incurs in responding to your charge-back request.
2.4. ErnestandJemima.com reserves the right to change the membership fee from time to time.
2.5. We will only knowingly provide our Services to parties that can lawfully enter into and form contracts under applicable law. The Website and our Services are not for children under the age of 18 and any such use is prohibited.
2.6. You must comply with all of the terms and conditions of this Membership Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website and our Services.
2.7. Your License to Use the Website and our Services.
2.7.1. We own or license all intellectual property and other rights, title, and interest in and to the Website, our Services, and the materials accessible on or through the Website and our Services, except as expressly provided for in this Membership Agreement.
2.7.2. We grant you a limited revocable license to access and use the Website and our Services for its intended purposes, subject to your compliance with this Membership Agreement. This license does not include the right to collect or use information contained on the Website for purposes that We prohibit or to compete with our company. If you use the Website or our Services in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately.
3.1. For the purpose of this Membership Agreement, “Confidential Information” shall be deemed to include all information and materials that: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential.
3.2. Confidential Information shall include without limitation: all information provided on or through the Website or our Services; trade secrets, inventions, research methods, methods of compiling information, methods of creating our database, procedures, devices, machines, equipment, data processing programs, software, computer models, research projects, and other means used by us in the conduct of our business; product formulations, strategies and plans for future business, new business, product or other development, new and innovative product ideas, potential acquisitions or divestitures, and new marketing ideas; information with respect to costs, commissions, fees, profits, sales, markets, sales methods and financial information; mailing lists, the identity of our customers, potential customers, distributors, and suppliers and their names and addresses, the names of customer representatives responsible for entering into contracts for our products or services, the amounts paid by customers to us, specific customer needs and requirements, and leads and referrals to prospective customers; and the structure, sequence, and organization of our database, together with source code and object code; and the identity of our employees, their respective salaries, bonuses, benefits, qualifications and abilities.
3.3. You acknowledge and agree that the nature of our confidential, proprietary, and trade secret information to which you have, and will continue to have, access to derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which We compete. You further acknowledge and agree that, even in complete good faith, it would be impossible for you to work in a similar capacity for a competitor of ours without drawing upon and utilizing information gained pursuant to this Membership Agreement.
3.4. You acknowledge that you are receiving such Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information without prior written consent from the Company. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to our software or any other software supplied hereunder. You acknowledge that you will only use the Confidential Information to the extent necessary to promote your business, and that you will use best efforts to prevent unauthorized disclosure of the Confidential Information to any third party.
3.5. The obligation of confidentiality shall not apply to any particular portion of Confidential Information which: (a) was in the public domain when we granted access to you; (b) entered the public domain through no fault of you subsequent to receipt; (c) was in your possession free of any obligation of confidence at the time of the disclosure by us; (d) was rightfully communicated by a third party to you free of any obligation of confidence subsequent to the time of the originating party’s communication thereof to you; (e) was developed by you independently of and without knowledge or reference to any Confidential Information; (f) is approved for release by written authorization from us; or (g) is required to be disclosed pursuant to any statute, law, rule or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, you will immediately notify us before disclosure and given a reasonable opportunity to obtain a protective order or other form of protection.
3.6. You agree not to alone or in association with others use Confidential or trade secret information to (a) solicit, or facilitate any organization with which you are associated in soliciting, any employee or customer of ours to alter its relationship with us; (b) solicit for employment, hire, or engage as an independent contractor, or facilitate any organization with which We are associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by us at any time during the term of this Membership Agreement (provided, that this clause (b) shall not apply to any individual whose employment with us was terminated for a period of one year or longer); or (c) solicit business from or perform services for any customer, supplier, licensee, or business relation of ours, induce or attempt to induce, any such entity to cease doing business with us; or in any way interfere with the relationship between any such entity and us.
3.7. You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand dollars ($5,000) shall be presumed to be the amount of damages sustained by reason of each such breach, without prejudice to our right to also seek injunctive or other equitable relief.
3.8. Other than as expressly provided for herein, in no event shall you be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information.
3.9. You and We agree that all originals and any copies of the Confidential Information remain the property of ErnestandJemima.com. You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by us, on all copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession or control to us at our request.
4. General Rules
4.1. Prohibited Use. You may only use the Website or our Services to promote your business, as expressly permitted by us. You may not cause harm to the Website or our Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website or our Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website or our Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or our Services, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using Website ord/or our Services; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy the Website or our Services; (vii) assist or encourage any third party in engaging in any activity prohibited by this Membership Agreement; (viii) co-brand the Website or our Services; (ix) frame the Website or our Services; or (x) hyper-link to the Website or our Services, without the express prior written permission of an authorized representative of ErnestandJemima.com
4.3. Ordering Policies. If you purchase any of our products or services, you agree that your use of the product or service is limited by this Membership Agreement as well.
4.4. Password Restricted Areas of the Website. Most areas of the Website are password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.
4.5. Spam Policy: You may not use our Website or Services to engage in unethical marketing activities, including without limitation spamming. The following are examples of activities that are not permitted, and which may result in an immediate deactivation of your account or termination of your membership: a) disguising the origin of any content transmitted to or through our Website or Services, or using any other means of deceptive addressing; b) relaying email from a third party’s mail servers without the permission of that third party; c) transmitting any material that is unlawful or used without adequate permission from the owner of the material; d) harvesting email addresses in a manner that is unlawful or in violation of the rights of a third party; e) sending email that contains inaccurate header information or domain names that are not valid or do not exist; f) sending email that contains false or misleading information in the subject line or body of the message; g) sending email that does not indicate that it is an advertisement, does not include a functioning opt-out mechanism, or does not include your valid physical mailing address; or h) sending email that violates applicable law, including without limitation the CAN-SPAM Act or the applicable laws of the jurisdictions from which you send email or in which the email is received; or i) the acceptable use policies of our email service provider.
5. Reservation of Rights
5.1. Monitoring. We reserve the right, but do not assume the obligation, to monitor transactions and communications that occur through the Website or Service. If We determine, in our sole and absolute discretion, that you or another Website user has or will breach a term or condition of this Membership Agreement or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2. Modification of the Service. We may modify the Website or our Services at any time with or without notice to you, and will incur no liability for doing so.
resolve any Claim without our express written permission.
6.1. Termination. You agree that, under certain circumstances and without prior notice, We may suspend or terminate your use of the Website or our Services, including without limitation, if We believe, in our sole and absolute discretion, that you have breached a term of this Membership Agreement. You acknowledge and agree that all suspensions and terminations shall be made in our sole discretion and that We shall not be liable to you or any other party for said suspension or termination.
6.2. Survival. Upon termination, your license to use the Website, our Services, and everything accessible by or through the Website or our Services shall terminate and the following paragraphs of this Membership Agreement shall survive indefinitely unless and until we chooses to terminate them.