BY VISITING JULIEMERRILL.ME
YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
The terms “we”, “us”, “our”, “The Paddleboarding CPA” and “Julie Merrill” refers to Team Merrill LLC. The term the “Site” refers to juliemerrill.me and all online class sites connected with Team Merrill LLC. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
JulieMerrill.me provides a website where users can read articles on small business management, marketing, sales and services and a service where users may purchase online subscriptions and products related to small business management, marketing, sales and services (the “Service”).
Use of JulieMerrill.me, including all materials presented herein and all online services provided by Team Merrill, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE + SERVICE
To access or use the Site, you must be 18 years 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 Site. If you are under 18 and reading this, I am impressed, but that said, come back when you’re 18.
Information provided on the Site and in the Service related to marketing, small business management and other information are subject to change. Julie Merrill makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Team Merrill LLC disclaims all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Service, you are 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 Julie Merrill 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. After all, why do you want to be anyone but you? 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. Julie Merrill reserves the right to refuse service based on your provision of inaccurate account information.
You may use the Site and Service for lawful purposes only. 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.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site 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. If you don’t have anything nice to say, this probably isn’t the right site for you.
REFUSAL OF SERVICE
Julie Merrill reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Julie Merrill reserves the right to limit the number of participants and subscriptions. Julie Merrill may at any time change or discontinue any aspect or feature of the Site or Service.
ORDER CONFIRMATION AND PAYMENT DETAILS
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please, please do this. We really do like you!
MONTH TO MONTH AND ONE-TIME PAYING MEMBERS
If you’ve signed up for a month-to-month subscription, the subscription renews automatically every month, on the day in which you initially signed up and your credit card will be charged the fee stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period if created with a promotional rate. Your subscription will start as soon as your credit card is successfully charged and will be charged at the same hour of your initial charge.
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final, including limited-time premium content, unless otherwise stated in a guarantee. Subscriptions created will not automatically cancel. You must cancel your subscription before the following billing cycle (billing cycle starts on the date you initially purchased the membership) in order to not get charged. All cancellation requests must be emailed to [email protected]
PROMOTIONS AND BONUS MATERIALS
If a promotion or bonus is provided during the creation of your subscription, the promotion or bonus is only valid during the duration of your subscription. By cancelling your subscription, you agree to also cancel any promotion or bonus provided upon joining JulieMerrill.me courses or memberships. Subscriptions created during a bonus will not automatically cancel after the promotional period. You must cancel your subscription before the following billing cycle (the anniversary date of your purchase) in order to not get charged. All sales are final when purchasing during a promotion. Subscriptions purchased during promotions and bonuses are non-refundable.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, because we might not have drank enough coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing.
Users should exercise common sense and courtesy in submitting comments or materials for posting on the Facebook Group. Inappropriate postings and or comments would include, for example, comments or materials that:
Are obscene, vulgar, abusive, hateful or threatening.
Make false or defamatory statements about others.
Are invasive of the privacy rights of others (e.g., by including personal information about other people without their consent.)
Harass or discriminate on the basis of race, religion, nationality, ethnicity, gender, sexual preference or other factors;
Users may not use the Facebook Group to promote or provide instructional information about illegal activities or for any purpose that may be illegal.
User posts and or comments may not contain comments engaging in political activity.
Users may not use the Facebook Group for commercial purposes. Posts and or comments may not include advertisements for goods or services, solicitations, "spam", chain letters, surveys, pyramid schemes or the like.
Posts and or comments may not include content or materials that violate the copyrights, trademark rights or other intellectual property rights of third parties.
Posts and or comments may not include false or misleading representations of affiliation with any other person or entity. A member may not employ false identifiers to impersonate any person or entity or to misrepresent or disguise the true origin of any content.
The member's name must be provided in all posts and or comments.
FACEBOOK GROUP ACCESS
Facebook group access is only available to members with an active membership or subscription. Once the subscription is inactive, you lose immediate access to the Facebook group.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site 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. 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 and shall indemnify Team Merrill LLC from any claim against Julie Merrill resulting from your posting of Materials to the site. 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.
Julie Merrill reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
EARNINGS DISCLAIMER: When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE JULIE MERRILL’S PRODUCT IS AT YOUR SOLE RISK. By purchasing any product produced by Julie Merrill, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
Julie Merrill does not claim ownership of Material you supply to Julie Merrill. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Julie Merrill to use and distribute the posted Material in connection with Julie Merrill’s website and any related Team Merrill LLC publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to Julie Merrill, you agree to hold Julie Merrill 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.
OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all products and all online class, workshop materials and subscriptions are the intellectual property of Team Merrill LLC. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.
We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy. In other words, don’t steal.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Team Merrill LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Julie Merrill has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Team Merrill LLC’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Team Merrill LLC, and if no purchase has been made by you Team Merrill LLC’s cumulative liability to you shall not exceed $1.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Julie Merrill. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Team Merrill LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Julie Merrill.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Team Merrill LLC, 11251 Rancho Carmel Drive, Suite #503745, San Diego, CA 92150
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in San Diego, CA. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, including Facebook, nor have they been reviewed tested or certified by other businesses, including Facebook.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact [email protected]