Erin E Breeze Strategies LLC

December 16, 2019

Thank you for visiting Erin E Breeze Strategies LLC website, which includes the website: erinebreeze.com (hereinafter, the “Website”). Please read the following information carefully prior to using this Website or purchasing a service, program, course or other product from us, as these terms and conditions govern your use of this Website. By accessing this Website or purchasing a product from us, you are acknowledging and accepting these terms and conditions.

These Terms and Conditions are subject to change by Erin E Breeze Strategies LLC (hereinafter “COMPANY”) at any time and at COMPANY’s discretion without notice. Your use of this Website after any changes are implemented constitutes your acceptance of the changes. As a result, COMPANY encourages you to consult the Terms and Conditions each time you use this Website.  Please also read carefully and note the MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION below.  Furthermore, please see our Privacy Policy and Disclaimers Policy for additional terms that apply to you, which are incorporated herein by reference.

1. Websites Notice Regarding Professional Advice And Content

THIS WEBSITE DOES NOT PROVIDE MEDICAL OR OTHER ADVICE. This Website is an educational service that provides educational information to those wishing to view it. COMPANY is not a medical or other professional organization and COMPANY’s staff will not give you medical advice, diagnosis or other professional advice. Nothing contained on this Website should be construed as medical advice, diagnosis or other professional advice. The information and materials provided by COMPANY should NOT be interpreted as a substitute for physician or licensed therapist consultation, evaluation, or treatment, nor as an endorsement of any third party sellers products or services. Any Content on this Website, or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes.  We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of our Website, programs, or packages contained therein, whether legal, financial, medical, or otherwise, nor are we making any guarantees regarding the success of your business, any coaching program, or any results stemming therefrom. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any doctor, lawyer, therapist, nurse, counselor or other medical professional.

Please see our Disclaimers Policy for additional disclaimers that apply to you.

2. Ability to Accept Terms and Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. Any use of this website by anyone under 18 constitutes an unauthorized use and a violation of these Terms and Conditions. 

COMPANY DOES NOT PROVIDE SERVICES OR SELL PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) WITHOUT THE EXPRESS PERMISSION OF AND ACTIVE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN.

3. Intellectual Property Rights Ownership

All Website content and materials and materials provided in conjunction with the purchase of any program, coaching or other service (“Website Materials”) available on this Website are the property of COMPANY, its affiliates, licensors, or the designated owners and are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Website Materials.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Website or any of COMPANY’s other Websites is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact COMPANY using the contact information listed in the section entitled “Contacting Us”.

4. Refund Policy

If you purchase materials, mentoring session, private coaching sessions, programs or other services from us, you will enter into one or more separate agreements with us.  The terms outlined in those agreements will prevail in the event of a conflict with these Terms and Conditions.  Your purchase of the product or service constitutes acceptance and agreement to adhere to the additional terms in these Terms and Conditions. 

5. Product Delivery/Membership Site/Conduct
6. For products and/or materials that are given to you when you purchase a program or other service from COMPANY, you agree not to share such products with other people who did not purchase the product(s).
7. For program(s) or other services that you purchase from COMPANY that are delivered through a membership site, you will be given a user name and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the program(s) or other services. You will not sell access to any purchased program or other service or duplicate and sell any of the content without written permission.
8. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this Website are at your own risk.
9. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies for distribution, or use the content for public display or performance unless otherwise stated.
10. COMPANY reserves the right to discontinue or modify without notice or liability, any portion of this Website.
11. You affirm, represent, and warrant that your participation on this Website and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
12. You understand and agree to not place an unreasonable burden on the server hosting this Website or membership site, to not interfere with the running of this Website and to not attempt unauthorized access to any portion of this Website.
13. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
14. You agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s products or services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.
15. Third Party References/Hyperlinks

This Website and/or any of COMPANY’s other Websites may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

7. Good Samaritan Policy

It is COMPANY’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. COMPANY reserves the right to remove, disable, or restrict access to the availability of Website Materials on the Websites that, in COMPANY’s subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon COMPANY any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Websites.  If you believe someone has violated this policy, COMPANY asks you to promptly notify its Customer Service department by e-mail at ([email protected]) (attention: User support) or by phone 303-949-8711. You must use this address or phone number if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

8. Contacting Us

Questions regarding these Terms and Conditions should be directed via email to [email protected] or mail at the following address:

Erin E Breeze Stragies LLC
4293 W 118^th Place

Westminster, CO 80031

9. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the Website and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

10. Disclaimer

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

COMPANY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, OR CONTENT OF THE CONTENT PROVIDED ON THIS WEBSITE OR ANY OF ITS OTHER WEBSITES. YOU AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR YOUR RELIANCE UPON ANY CONTENT OR RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM SUCH CONTENT. IN ADDITION, YOU SHOULD NOT ASSUME THAT THE CONTENT ON THIS WEBSITE OR ANY OF COMPANY’S OTHER WEBSITES ARE CONTINUOUSLY UPDATED OR OTHERWISE CONTAIN CURRENT INFORMATION. COMPANY IS NOT RESPONSIBLE FOR SUPPLYING CONTENT OR MATERIALS FROM ITS WEBSITES THAT HAVE BEEN PROVIDED BY OTHER USERS OF THE WEBSITES, HAVE EXPIRED, OR HAVE BEEN REMOVED.

BY USING THIS WEBSITE OR ANY OF COMPANY’S OTHER WEBSITES, YOU AGREE TO ACCEPT ALL RISKS ASSOCIATED WITH THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS ARE NOT INTENDED TO REPLACE THE CARE YOU WOULD RECEIVE FROM A LICENSED THERAPIST, PHYSICIAN OR OTHER MEDICAL PROFESSIONAL OR TO BE USED AS A MEDICAL DIAGNOSIS. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY THAT MAY RESULT FROM ACTIONS TAKEN OR NOT TAKEN BY YOU RELYING ON ANY OF THE WEBSITES, WEBSITE MATERIALS, OR ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.

11. Indemnification

You agree to defend, indemnify and hold harmless COMPANY and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms, including attorney’s fees, arising out of or in connection with your use of this Website and all products, offerings or services of COMPANY. You also agree to indemnify and hold harmless COMPANY and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms regarding online conduct, breach of these Terms and Conditions, or dealings or transactions with other persons resulting from your use of this Website and all products, offerings or services of COMPANY.

12. Miscellaneous
13. Severability. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The sections titled Limitation of Liability, Indemnification, Disclaimer, and Miscellaneous shall survive any termination of these Terms and Conditions.
14. Waiver. All rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure of COMPANY to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
15. Independent Disputes. COMPANY has no obligation to become involved in any dispute between a user and any other person. You are solely responsible for your interactions with other COMPANY users. COMPANY reserves the right, but has no obligation to, monitor disputes between you and other members.
16. Section Headings. The section headings contained in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of the Terms and Conditions.
17. Governing Law and Jurisdiction

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to court costs, attorney fees, and expert fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

14. Arbitration of Disputes

All disputes arising out of or relating to these Terms and Conditions (including their formation, performance, alleged breach, enforceability and validity) or your access to or use of the Site will be exclusively resolved under confidential binding arbitration held in Los Angeles, California before and in accordance with the rules of JAMS. Said rules may be reviewed and downloaded at https://www.jamsadr.com/. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to any claim that all or any part of these Terms and Conditions is void or voidable. Notwithstanding the foregoing, Company will have the right to seek injunctive relief to enforce these Terms and Conditions or to stop or prevent an infringement of proprietary or other third-party rights. In the event of litigation or to compel arbitration or to enforce an arbitration award under this section, or to obtain an injunction under this section, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in Los Angeles, California. These Terms and Conditions will be interpreted exclusively by California law.

IF YOU DO NOT WISH TO ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS AFTER REGISTERING WITH THE WEBSITE BY SENDING US AN EMAIL AT [email protected]. IF YOU NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION, YOU MAY CONTINUE TO USE THE STREAMING VIDEO PORTION OF THE WEB SITE; HOWEVER, YOUR REGISTRATION WILL BE CANCELED AND YOU WILL NOT BE ABLE TO USE THE INTERACTIVE FEATURES OF THE WEBSITE. IF YOU ELECT TO CONTINUE USING THE STREAMING VIDEO PORTION OF THE WEBSITE AFTER GIVING COMPANY SUCH NOTICE, YOU AGREE TO ACCEPT ALL OF THE TERMS OF THIS AGREEMENT EXCEPT FOR THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION.

NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.

In the event of a dispute that proceeds to arbitration, the parties agree to split the costs charged by an arbitrator 50/50 (with each party being liable to pay half of the arbitrator’s bill for time spent on the case). The Parties shall each bear the cost of their own attorney’s fees, arbitration filing fees, and all other third party fees, except as specified herein for splitting the cost of the arbitrator’s time.

15. Class Action Waiver

ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE, PRODUCTS PURCHASED ON THIS WEB SITE, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

16. Integration and No Waiver

These Terms and Conditions constitute the entire agreement between Erin E Breeze Strategies LLC and/or its affiliates and you pertaining to the subject matter of this Site. In its sole discretion, Erin E Breeze Strategies LLC and/or its affiliates may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time. The failure of Erin E Breeze Strategies and/or its affiliates to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.