TERMS OF PURCHASE
THE EMPIRE METHOD
By selecting one of the following levels of EM SITES: Empire VIP, Empire PRO, or Empire Go, which includes access to a pre-configured theme and website (“the Program”) and clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by The Empire Method (“the Company”), and you are entering into a legally binding agreement (“the Agreement”) with the Company, subject to the following terms and conditions:
1.TERMS OF THE PROGRAM:
- Upon purchase and execution of this Agreement, Client will be provided with the following services each month according to the specific level as detailed on theempiremethod.com (“the Website”) and selected prior to purchase. These services may include but are not limited to:
- Installation of Empire Website
- Website training course
- Workbooks and Guides
- Choice of Ready-to-Use WordPress Theme Templates
- One (1) month and one (1) year hosting membership, which includes:
- General tech support via email
- Hosting for a single website install and up to 2 email addresses
- SSL certificate
- Daily website backup of database and files
- Bi-weekly updates to website plugins, theme, and WordPress version
- Weekly security monitoring
- Other resources as determined by the Company
- The scope of services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on the Company’s website as part of the Program.
- The Company reserves the right to substitute tools, plugins or services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
- Upon enrollment into the hosting membership, Client will receive one (1) month or one (1) year of website hosting depending upon which plan is chosen. At the end of the one (1) month or one (1) year term or at anytime thereafter, Client has the option to keep hosting with the Company or to move hosting services elsewhere as detailed below.
- At the end of the one (1) year term, Client will have the option to remain in the hosting membership for a yearly or monthly fee. This fee is subject to change at any time.
- If Client wishes to discontinue their hosting provider and move their entire website, domain, and email to a new hosting provider, the fee to transfer files is equal to fifty dollars ($50.00 USD) and requires 7 business days to complete after the initial request has been made by the Client.
- SSL certificate is offered only on valid and a Client’s active hosting membership and must be renewed annually. There is no guarantee of SSL certificate if there is a lapse in membership renewal, Client must maintain an active hosting membership in order to maintain their SSL certificate.
- General tech support is offered by email to the email address provided by the Client. The Company will respond within 1-2 business days via email, excluding USA reserved holidays. General tech support is defined as the following:
- Questions regarding specific training included within the program
- Questions regarding specific written content included within the program
- Support regarding specific plugins, theme, or templates included within the program
General tech support does not cover support in regards to plugins, themes, or software added by the Client that was not original to the Program at purchase. Additional support is available upon request at a billable rate determined at time of request by the Company.
- Security is monitored on all hosting membership Client websites. In the event that a Client’s website experiences compromised security, efforts are made by the Company to recover the website. The Client will be provided with measures in written format to help ensure compromised security is prevented in the future, implementation of these measures is required within 14 business days by the Client. Repeated security issues for a single Client’s website may result in a termination of hosting agreement determined at the Company’s discretion.
- Client understands that certain tools or products will need to be purchased by Client in order to complete the Program as stated and will be required to maintain Client’s website. These may include, but are not limited to:
- Domain name registration
- Email marketing campaign software
- Website core theme license
- Membership builder license
- Online store builder add-on(s) license(s)
- Affiliate builder license(s)
- Hosting provided
- Email provider
- Online scheduler
- Webinar software
- Additional 3rd-party tool(s) where deemed necessary
2. SINGLE USER LICENSE AGREEMENT:
The Company grants the Client access to the Program on a revocable, non-exclusive, non-transferable, limited license to download, install and use the Program solely for the Client’s company purposes strictly in accordance with the terms of this Agreement.
Purchase of the Program grants access to a single installation connected to a single domain. You agree not to, and you will not permit others to:
- a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Program or make the Program available to any third party.
Client agrees to be open minded to the Company’s methods and partake in Program as proposed. Client understands that the Company has made no guarantees as to the outcome of the Program. The Company may revise methods or parts of the Program based on the needs of the Client and/or the Program.
- PAYMENT AND REFUND POLICY. Upon execution of this Agreement, Client agrees to pay the Company the full purchase amount as stated on the Website. Payments can be paid upfront and in full, or made in two (2) installments, half down, and the other half 30 days later. Client will have a 2 week grace period to pay remaining funds if needed. If remaining fee goes unpaid within 6 weeks of initial payment, Client forfeits all monies paid in initial installment. It is suggested the Client contact the Company ([email protected]) prior to this event. If Client refuses to communication with the Company after payment grace period has expired Client forfeits all monies paid.
- REFUNDS will be provided if requested within 14 days of payment or 1st installment payment.
- Credit Card Authorization (if applicable for payment plan). Each party hereto acknowledges the Company will charge the credit card chosen by the Client on the dates and for the amounts specified upon purchase and as included in this Agreement.
- After the initial one (1) year Program, Client will automatically be moved into the hosting program at a rate of chosen program renewal (subject to change). Client will then be charged payment every thirty (30) days for monthly hosting subscription, or every 365 days for annual hosting, which will be automatically debited via the account information included upon purchase.
- Once Client enters the hosting membership, Client may cancel hosting services or switch hosting provider at any time by contacting the Company via email and cancellation will take effect the following billing cycle. Any hosting service paid upfront will not be prorated or refunded. Client must then provide their own hosting provider in order to maintain access to their website. Transfer of hosting provider and email may take up to seven (7) days.
- In the event Client fails to make any of the payments outlined above, the Company has the right to immediately disallow services, access to website, and benefits until payment is paid in full.
By participating in this Program, the Client acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on the Company’s advice or products.
Any testimonials or examples shown through the the Company website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Program and/or services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of the Company programs, products or services.
The Company may provide the Client with information relating to products that the Company believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided.
The Company will utilize third-party services to provide Client with hosting, email, and/or other services in order to provide the Program. The Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party. The Client is solely responsible for ensuring he/she complies with the Terms of Service and policies of any third-party service and the Company is not liable for any adverse effects that may result from Client not complying with such terms. the Company may also provide Client with third-party recommendations for such services as marketing, technology, photography, business, or other related services. Client agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Client.
6. INTELLECTUAL PROPERTY RIGHTS:
In respect of the Material specifically created for the Client as part of this Program, including themes, documents, modules, designs, or other branding content, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Any photos or images provided will be free stock Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Client understands that he/say may not transfer themes or other content to a third-party.
7. GOOD FAITH:
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
8. DISCLAIMER OF WARRANTIES:
The information, education, and design provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
9. LIMITATION OF LIABILITY:
By using the Company services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk.
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
11. DISPUTE RESOLUTION:
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Hartford, Connecticut. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
12. GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the Sate of Connecticut, regardless of the conflict of laws principles thereof.
13. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to info (at) theempiremethod.com.
14. ENTIRE AGREEMENT:
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Last Updated (1/25/2019)