Terms and Conditions - Purchases
Our Programs, Products, and Services are owned and operated by Melissa Ricker, Melissa Ricker LLC (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.
Use and Consent
Intellectual Property Rights
Our Limited License to You. Our Programs, Products, and Services and all the Program Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are permitted to use our Programs, Products, Services and Program Materials as follows:
You are permitted to download and/or print free resources from our Website or e-mail correspondence, e-newsletters, or other publicly shared information that are NOT a part of any paid Program, Product or Service for your own personal or business use, but only provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was obtained. You may also download and/or print Program Materials for your own personal use. However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use. Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
Your License to Us. By posting or submitting any material on or through our Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.
Media Release. By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Request for Permission to Use Content
Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to email@example.com
When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or
Program Materials, we take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. Our Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials.
We take every precaution to protect our Programs, Products, Services and Program Materials. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us on or through our Website or our Programs, Products, Services and Program Materials. Submitting contributions or information on our through our Programs, Products, Services and Program Materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Programs, Products, Services and Program Materials and you agree that you are assuming such risks.
Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.
Medical Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Legal and Financial Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.
Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.
Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites. We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Programs, Products, Services or Program Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website.
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:
For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
To cause annoyance, inconvenience or needless anxiety
To impersonate any third party or otherwise mislead as to the origin of your contributions
If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to firstname.lastname@example.org and we will do our best to reply to your question or concern promptly.
Purchases and Online Commerce
If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Program, Product or Service will be put on hold until payment is made.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.
All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant. P
ayment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.
The exception to this rule is a purchase of “Groups that Convert” ($27 mini course). If you have purchased Groups that Convert, you must email email@example.com within 30 days of purchase for a refund.
You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an e-mail to firstname.lastname@example.org.
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.
It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to me at email@example.com and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in the city of Houston in the State of Texas where my business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Confidentiality and Privacy
What We Do With Confidential Information. We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.
Storage. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
Viewing by Others. Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
Passwords. To use certain features of our Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
Software and Champagne Room
Champagne Room can be found at https://app.melissaricker.com, and also includes, without limitation, all of the subdomains, mobile applications, any other media, location, or application related to Champagne Room. When referring to all of the places Champagne Room software platform can be found in this Agreement, we will be collectively referring to them as the “Platform”.
Thank you for choosing the Champagne Room! We provide an all-in-one marketing software to grow your digital empire, along with design templates, data tracking tools, copy templates, and strategic and tactical funnel training (“Content”).
By using any of our tools and services, including all associated features and functionalities, websites, applications, customer support, and user interfaces, as well as all Content and software applications associated with our Platform (“Services”), you are entering into a binding contract with Melissa Ricker, LLC.
By using Champagne Room in any manner, you are expressly agreeing to, and give your consent to be governed by these Terms.2. Account RegistrationThe owner of any account (“Account Holder”) must complete the account registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You must input an email address owned by only you and choose a password. You agree to keep your username and password confidential and to only register only once using one email address. You agree you will not (i) register on behalf of another person or company; (ii) register under the name of another person or under a fictional name or alias; (iii) choose credentials that constitute or suggest an impersonation of any other person (real or fictitious) or entity or that you are a representative of an entity when you are not, or that is offensive; or (iv) choose credentials for the purposes of deceiving or misleading the Company as to your true identity.
Account registration is only available to Account Holders. However, Account Holders may add Team Members to their account and provide them with individual login credentials. Team Members do not have access to our Services and Content beyond the access Account Holders provide them with.Account Holders understand that they are wholly and completely responsible for maintaining the confidentiality of their username, password, and account. Furthermore, Account Holders are wholly and completely responsible for any and all activities that occur under their account, which includes but is not limited to Team Member activities that occur under their account.
You can find a description of our annual and monthly payment plan options (“Plans”) on our website here. On our website, you’ll find descriptions of the Plans available to you when you register for an account, along with details on when your payment of your selected Plan will be due. We may offer Plans that allow for you to start using Champagne Room for free, which means that we will not require payment before you access our Services during your trial period, which is discussed in further detail in Paragraph B of this section.We may also offer special promotional plans or discounts for Champagne Room. We reserve the right to modify, terminate or otherwise amend our offered Plans and promotional or discounted offerings at any time in accordance with these Terms.
We may change the price for the Plans, including recurring membership fees, from time to time and will communicate any price changes to you in advance. Changes in Plan prices will take effect at the start of the next billing period following the date of the price change.
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Melissa Ricker, LLC for access to a Plan (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to Champagne Room and you agree to comply with any such terms and conditions.
From time to time, we may offer Account Holders a trial. We may offer these Trials free of charge upon registering or with a fee upon registering for an account (in either instance, a “Trial”). All Trial offer information, including but not limited to how long the trial period is for and the costs, if any, of the Trial will be provided at the time the Trial is offered.
For all Trials, we require you to provide your payment details prior to beginning the Trial. You understand that we may, in our sole right and authority, determine that you are not eligible for a Trial, and we therefore may withdraw or modify a Trial at any time without prior notice and without liability, to the extent permitted under applicable law.
By providing such payment details, you agree that we may automatically begin charging you for the Trial, if there is a fee associated with the Trial, or for the selected Plan on the first day following the end of the Trial on a recurring monthly or annual basis (depending on the Plan you initially choose). If you do not want to be charged for the Plan on the first day following the end of the Trial, you must cancel the applicable Plan before the end of the Trial. You can find more information regarding the cancellation of your Plan below in the “Cancellations” section.
You understand and acknowledge that any free trial will expire after the number of days or on the date stated when you registered for an account, and following the expiration of this free trial, your membership will continue. At that time, you will be automatically charged the monthly or annual price to which you agreed, and that payment amount of that amount will renew automatically each month or year until you cancel.
We may offer the option for You to “pause” your membership while maintaining your Account Holder Content on the Platform, provided your account is in good standing. You understand that if you participate in any Paused Plan, you will not have access to log into Your account or access your Account Holder Content on the Platform.
Additionally, we may require that You disconnect your payment processor and domain to prevent any third party from accessing or viewing your Account Holder Content on the Platform while you are part of any Paused Plan.5. Payments
Account Holders may cancel their Plan at any time. In the event you cancel your Plan, the cancellation will become effective at the end of the then-current billing cycle. Upon cancellation, any and all licenses granted to you to use Champagne Room provided to you under this Agreement shall immediately terminate.In the event you wish to cancel, please download your contact data from our Platform before cancelling your Plan.See below for important terms related to removal or migration of your own original content that you may upload to our Platform (“Account Holder Content”).
Your satisfaction with Champagne Room is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing Champagne Room, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment and no refunds will be provided to you at any time, and no payments will be pro-rated. By using and/or purchasing Champagne Room, you understand and agree that all sales are final, and no refunds will be provided.Since we have a clear and explicit refund policy in these Terms that you have agreed to prior to completing the purchase of Champagne Room, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
6. Licensing and Ownership
A. Our Ownership of Our ContentChampagne Room, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, intellectual property, other data or copyrightable materials or content, and their selection and arrangement, is and remains the sole property of Melissa Ricker, LLC unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. Champagne Room, including our trademarks, may not be modified by you in any way. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL IN Champagne Room, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
If you view, download, or access Champagne Room, you will be considered our licensee and for the avoidance of doubt, you are granted a limited, revocable, non-sublicensable, non-exclusive, non-transferable license to access Champagne Room.You agree to not engage in the use, distribution, sale, copying or disclosure of Champagne Room, or any portion thereof, to friends, family, or any other third party, or for commercial purposes or in any way that earns you or any third-party money, other than as expressly permitted.This license is only for Your use and may not be assigned or sublicensed to anyone else, without our express written consent. Except as expressly permitted by us in writing, you will not try to reproduce the Platform, Content, or Services (including without limitation by engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm Champagne Room.You may print and download portions of material from the different areas of the Platform, Content, or Services solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.All rights not expressly granted in these terms or any express written license, are reserved by us.
Content that you upload to the Platform is and remains your content (“Account Holder Content”).You retain all of your ownership rights in your Account Holder Content. Melissa Ricker, LLC does not claim any intellectual property rights over the materials uploaded to the Platform by virtue of your use of Champagne Room. By uploading your Account Holder Content to the Platform, or requesting our services to do so, you agree that:
We may review your Account Holder Content for any reason, including compliance with our Code of Conduct in this Agreement and prohibited content requirements, but we have no obligation to review anything that you upload.You are uploading your Account Holder Content to the Platform at your discretion and we do not in any way certify or provide approval or permission prior to you uploading your content.You agree that by uploading your Account Holder Content to our Platform, you are allowing us, or our affiliates or vendors, to store your content.You agree that Account Holder Content you upload and submit to the Platform will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Account Holder Content you submit.You understand and agree that when you upload your Account Holder Content to our Platform, you authorize us, if need be, to access your account and Account Holder Content to assist with any issue you may encounter with your account. In the event we do so, you agree that we will not have any liability whatsoever for any damage, loss, or destruction to Account Holder Content except if it is due to our willful misconduct or, if required by applicable law, gross negligence.You agree to provide Melissa Ricker, LLC with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to access, use, reproduce, distribute, prepare derivative works of, and perform (e.g., to display or transmit) your Account Holder Content in furtherance of our Services, including without limitation for promoting and redistributing part or all of your content in any media formats and through any media channels, including for advertising or other commercial use (In other words, because you own your content, you have to give us permission to display it, and to use it for internal operational purposes, like storing it on our servers).You understand and agree that upon termination or cancellation of your account, in order to revoke Melissa Ricker, LLC’s license to Account Holder Content (including access to your social media platform information you provide upon integrating your account with any such platform), you must alter the permissions on any social media platform and you understand that this is solely your responsibility and obligation. You understand that Melissa Ricker, LLC is under no obligation to provide you with notice for revoking permissions to access your social media account information nor is Melissa Ricker, LLC to be held liable for not providing you with said notice.You understand and agree that we may retain, but not display, distribute, or perform, server copies of your Account Holder Content that has been removed or deleted.
We are not responsible for Account Holder Content nor do we endorse any opinion contained in any Account Holder Content. We reserve the right to disable access to Champagne Room or remove you and any of your Account Holder Content from our Platform if you violate any of these Terms.
You are only permitted to use Content, Platform, and Services within the Champagne Room ecosystem, and the Content, Platform, and Services are provided exclusively for current Champagne Room Account Holders.This means that everything inside Champagne Room is non-transferrable to any other HighLevel ecosystem, or any other outside software, ecosystem, funnel builder, or domain. You agree and acknowledge you cannot export your Account Holder Content to another HighLevel ecosystem, or any other outside software, ecosystem, funnel builder, or domain, and Melissa Ricker, LLC is under no obligation to assist you in doing so.You are strictly prohibited from any use of Content (including without limitation Champagne Room training materials) outside of Champagne Room, or sharing Content in any way without our consent.In addition, the Champagne Room Support calls are for current Account Holders only, and may be limited to certain tiers or types of members.If you decide to cancel your Champagne Room membership, or if we terminate your membership, you will lose access to any and all data inside the Content, Platform, and Services, including without limitation Champagne Room designs, Trainings, and Champagne Room Support Calls. You will be removed from any Champagne Room Support Group.Furthermore, upon cancellation, we cannot guarantee that your Account Holder Content will still be available, and we have no obligation to keep Account Holder Content. Therefore, Melissa Ricker, LLC shall not be held responsible for the loss of any Account Holder Content upon cancellation or termination of a Plan nor shall we be liable to the Account Holder for their inability to access Account Holder Content arising from any cancellation, including any claims of interference or contractual relations.
From time to time, we provide opportunities for Account Holders and Team Members to submit feedback, testimonials and ideas for improvements related to Champagne Room. By posting or submitting any material such as text, photos, designs, graphics, images or videos, or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You acknowledge and agree that the feedback, testimonials or ideas of improvement that we receive from you are not confidential and you authorize us to use it without restriction and without payment to you.You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author or individual depicted in any text, photos, designs, graphics, images, videos or other contributions created by you or us, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease that use of any such contributions for Champagne Room at any time for any reason.
6. Code of Conduct
No Illegal Activity: Do not use Champagne Room for any illegal activity. You are not allowed to use Champagne Room to engage in any kind of conduct that violates, any applicable federal, state, local, or international law or regulation (including, without limitation, telecommunications regulations and any laws regarding the export of data or software to and from the U.S. or other countries) or conduct that infringes upon the use or rights of another person or entity. You are not to register a name, engage in, or upload Account Holder Content that is offensive, abusive, defamatory, pornographic, threatening, or obscene.You shall not reverse-engineer, decompile, disassemble, modify or creative derivative works of Champagne Room or any part thereof except to the extent permitted by applicable law.You are not permitted to sell, rent, sublicense or lease any part of Champagne Room.You cannot host your clients’ funnels on your account; it’s one business per account. If you’re an agency, we recommend that you create an account for each client under your affiliate link, then contact Melissa Ricker, LLC to request that we give your client access to the client account.You may not remove or alter any copyright, trademark, or other intellectual property notices contained on Account Holder Content or Champagne Room.No Fraud: Fraud will not be tolerated in any capacity. You may not make any use of Champagne Room that is not expressly permitted under this agreement or applicable law or which otherwise infringes the intellectual property rights in Champagne Room.No Bad Code: Do not use Champagne Room to transmit, distribute, send, etc. viruses, worms, malware, Trojan horses or any other code that may be deemed dangerous, harmful, or destructive in any manner. You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You shall not interfere with anyone else’s use and enjoyment of Champagne Room. Users who violate systems or network security may incur criminal or civil liability.No Spamming: You may not use Champagne Room to engage in any activities that will result in sending spam, junk or bulk email, chain letters or any other form of unauthorized solicitation, or any form of lottery or gambling to anyone on Champagne Room.No Exploitation: You will not use any Champagne Room community to try to gather personal information on any other Account Holders.Intellectual Property: You will not upload any copyrighted, trademarked, or proprietary materials on the Platform without the express permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.Sharing of Content: You will not share our Content with anyone who is not properly licensed to access the Content.You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, socio-economic status, or other identity, nor will you communicate or display hate speech.You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies; andNo Use Other Than Intended: You may not use Champagne Room for any purposes other than intended.
If you violate this Code of Conduct, we reserve the right to remove you and any of your Account Holder Content from the Platform and cancel your membership. Whether conduct violates our Code of Conduct will be determined in our sole discretion.
7. Data Policy - Legal Compliance - Release
You agree to follow and comply with all relevant rules, regulations, orders, and laws, in any applicable jurisdiction, that relate to your activities on or related to Champagne Room, including without limitation those related to telecommunications, privacy, and personal or consumer data. You represent and warrant that your activities on or related to Champagne Room do not violate any law or governmental rule, regulation, or order, and you lawfully obtained any information you may use on Champagne Room or supply to Melissa Ricker, LLC in order for us to provide Champagne Room.You agree you will ensure you have all necessary and appropriate consents and notices in place to enable lawful transfer of individual personal data to Melissa Ricker, LLC, and will lawfully collect individual personal data.You assume all liability relating to Champagne Room related to or arising out of compliance with all laws, rules and regulations, including without limitation, federal and state election laws, the Texas Consumer Privacy Act, Federal Trade Commission rules, telemarketing laws, CAN-SPAM Act, Telephone Consumer Protection Act, federal and state “anti-spam” or Do Not Call rules or registries, the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), and the retained UK version of the same.You release, covenant not to sue, and hold Melissa Ricker, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, vendors or suppliers, successors and assigns (“Releasees”) harmless from any and against all liability incurred by you for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether known or unknown, arising out of or connected with your violation of any third party right, including without limitation any copyright, property, or privacy right; the unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, or failure to protect any non-public personally identifiable information or confidential corporate information; or failure to acquire the necessary consents or provide required notices to enable lawful transfer of third-party personal data to Melissa Ricker, LLC or its vendors or suppliers, whether or not caused by the active or passive negligence of the Releasees. This is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
8. Our Rights in Operating the Champagne Room
We reserve the following rights over Champagne Room:
We may modify, terminate, or refuse to provide access to Champagne Room at any time for any reason, without notice.We may remove anyone from Champagne Room at any time for any reason, solely in our discretion. This right is not modified by any other section of this Agreement.We may, but we have no obligation to, monitor any Account Holder Content that appears on the Platform.If an Account Holder is having difficulties uploading Account Holder Content to our website or needs customer support, the Account Holder grants us permission and authorization to enter into their account to provide customer service.If you cancel your account, we may keep a copy of your Account Holder Content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.Melissa Ricker, LLC has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time. By accessing Champagne Room at any time after such modifications are posted, you are agreeing to such modifications.
9. Third PartiesThe Platform, Content, or Services may contain links to third-party advertisers, websites, or service (“Third-Party Content”). You acknowledge and agree that Company is not responsible or liable for: (1) the availability or accuracy of such Third-Party Content, or (ii) the content, products, or resources on or available from such Third-Party Content. Links to such Third-Party Content do not imply any endorsement by Company of Third-Party Content and Company is not responsible or liable for the behavior, features, or content of any Third-Party Content or for any transaction you may enter into with any such Third Party. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Content.
Company disclaims any responsibility or liability related to your access or use of any Third-Party Content.
If we have a good faith belief that any content (including without limitation any content your own customers or users may upload to the Platform) appearing on Champagne Room violates any copyrights, we reserve the right to remove, block, or otherwise “take down” the content.
If you believe that content appearing on Champagne Room violates your intellectual property, you should send a notice to Melissa Ricker, LLC (either physical mail or email is ok) at the following address:Melissa Ricker, LLC, LLC4231 Balboa Avenue #1160San Diego, CA 92117
Contents of Notice
If you send Melissa Ricker, LLC a notice regarding any claimed infringements, your notice must contain the following information:
A physical or electronic signature from the owner or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringedIdentification of the copyrighted work claimed to have been infringedIdentification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow Melissa Ricker, LLC to find and review this material on Champagne RoomYour contact information, including your address, telephone number, and email address, so that we may be able to contact youA statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the copyright owner, its agent, or the lawA statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
If any content (including without limitation any Account Holder, Team Member, other User, or third-party’s) is removed due to the receipt of a DMCA notice, you may send Melissa Ricker, LLC what is known as a Counter Notice if you believe that your content was wrongly removed. Your Counter Notice must contain:
A physical or electronic signatureIdentification of what was removed and the location where the material appeared before it was removedA statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentificationYour name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for Southern District of California and that you will accept service of process from the person who provided notification
Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing.
Repeat Infringements: Should Melissa Ricker, LLC receive multiple DMCA complaints regarding any Account Holders, Team Members, other Users, or third-parties, Melissa Ricker, LLC may simply remove that person from Champagne Room without further warning.
11. Trademark Violations
The DMCA only covers copyright infringement of creative works. For claims of trademark infringement, Melissa Ricker, LLC requests that any notices contain:
Information describing your trademark or service markThe registration number, if applicableBasis for your trademark claimJurisdiction in which you claim trademark rights, andClass (category) of goods or services and accompanying description for which you assert trademark rights
Please note that a copy of any notices received may be sent to the party who posted the content you report as infringing.
12. Account Ownership Disputes
In the unlikely event that there is a dispute over the ownership of an account, Melissa Ricker, LLC has the right to request additional information from you to determine ownership and settle the dispute. The information that we may request to assist in resolving ownership disputes includes, but is not limited to, the following:
a copy of Your government-issued photo ID;Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of your entity;Your billing information and details;Certified copies of your tax returns or tax documents; andOther documentation as we deem necessary to settle the dispute
Should a dispute arise, Melissa Ricker, LLC reserves the right to determine the account ownership in its sole judgment, and the ability to transfer the account to the person or entity it determines is the rightful owner, unless otherwise prohibited by law.
13. Payment Processing
Payment processing services are currently provided by integration with Stripe and PayPal and are subject to the Stripe and PayPal user agreements or terms of service; we may provide integrations with other payment processors in the future, which would be subject to their user agreements or terms of service.
By agreeing to this Agreement, to the extent applicable, you agree to be bound by the user agreements or terms of service of any payment processing provider with which you integrate your account. As a condition of enabling payment processing services, you agree to provide accurate and complete information about you and your business, and you authorize to share it and transaction information related to your use of the payment processing services provided by any payment processing provider.
You agree you are responsible for all legal and regulatory compliance in the country and/or countries you conduct business in.
14. Errors and Corrections
Melissa Ricker, LLC does not guarantee that the Platform, Content, or Services will be error-free or otherwise reliable, nor does Melissa Ricker, LLC guarantee that defects will be corrected or that any offerings through Champagne Room will always be accessible. Melissa Ricker, LLC may make improvements and/or changes to Champagne Room and their features and functionality at any time and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Account Holder Content are the sole responsibility of the Account Holder who owns the Account Holder Content.
We reserve the right to amend the Platform, Content, or Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of Champagne Room is unavailable at any time or for any period. From time to time, we may restrict access to some or all of Champagne Room, for maintenance or other internal purposes.
15. Disclaimers, Limitation of Liability
You acknowledge and agree that Melissa Ricker, LLC is not liable for damages arising out of or related to your breach of this Agreement and losses or success that may result from your use of the Platform, Content, or Services. We also require that you understand and agree that Champagne Room is offered As Is and may not always be 100% perfect or reliable and that Melissa Ricker, LLC does not warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Melissa Ricker, LLC will be limited to the fees you have paid us in the 12 months prior to the accrual of any claim.YOU UNDERSTAND AND AGREE THAT Champagne Room IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. Melissa Ricker, LLC AND ALL OWNERS OF Champagne Room MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER Melissa Ricker, LLC NOR ANY OWNER OF CONTENT WARRANTS THAT Champagne Room ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, Melissa Ricker, LLC MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), ACCOUNT HOLDER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH Champagne Room OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND Melissa Ricker, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN ACCOUNT HOLDER AND ANY THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM Melissa Ricker, LLC SHALL CREATE ANY WARRANTY ON BEHALF OF Melissa Ricker, LLC. WHILE USING Champagne Room, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
16. Limitations on Remedies
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH Champagne Room IS LIMITED TO THE PORTION OF THE FEES YOU HAVE PAID US IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM. YOU AGREE THAT Melissa Ricker, LLC HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH Champagne Room, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO Melissa Ricker, LLC, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS LIMITED TO THE FEES THAT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM.IN NO EVENT WILL Melissa Ricker, LLC, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE Champagne Room, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Melissa Ricker, LLC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO Champagne Room, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Melissa Ricker, LLC DURING THE PRIOR TWELVE MONTHS IN QUESTION.Nothing in the Agreements removes or limits Melissa Ricker, LLC’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.YOU AGREE THAT ANY CLAIM AGAINST Melissa Ricker, LLC MUST BE COMMENCED BY FILING AN INDIVIDUAL ACTION UNDER THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Releasees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform, Content, and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your Account Holder Content caused damage to a third party; or (v) any claim related to the transfer of third-party personal data to Melissa Ricker, LLC or its vendors or suppliers, and any loss, damage (including without limitation, any and all third party, governmental or regulatory claims, actions or proceedings, or fines) related to or arising from your unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, failure to protect any non-public personally identifiable information or confidential corporate information, or failure to acquire the necessary consents or provide required notices to enable lawful transfer of third-party personal data to Melissa Ricker, LLC or its vendors or suppliers. Company may assume the exclusive defense and control of any matter for which you have agreed to indemnify Company and you agree to assist and cooperate with Company in the defense or settlement of any such matters. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Platform, Content, or Services.
18. Governing Law
This Agreement shall be governed in accordance with the laws of the State of California without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in San Diego County in the State of California. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action and waive any defense of lack of personal jurisdiction or forum non convenient.
You and Melissa Ricker, LLC agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity.
You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Melissa Ricker, LLC and all parties to any such proceeding.
The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
20. Force Majeure
Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including, without limitation, any failure to perform due to unforeseen circumstances or causes beyond Company’s control, such as acts of God, war, terrorism, riots, embargoes, acts of governmental or regulatory or civil or military authorities, fire, floods, accidents, strikes, pandemic, or shortages.
21. Contact Us
Why Does MelissaRicker.com Gather Personal Information?
We continually strive to improve the Website based upon feedback that we receive from our customers and users. As such, the personal information that we learn from our customers, clients, and visitors, is used to improve our Website, personalize your experience, and to improve customer service. Furthermore, we may use the personal information identified below to process transactions, and send periodic emails.
Nevertheless, your information, whether public or private, will not be sold, exchanged, transferred, or otherwise given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service, or as described herein. Any email address that your provide may be used to process order(s), to send you information and/or updates regarding your order(s), and to keep you informed of and up to date with news about the Website, Melissa Ricker and/or any related products or service information. We may send emails containing newsletters, promotions, or special offers. If you do not want to receive such messages, you always have to option to opt out or change your preferences (other than those for receipt of services or products).
What Personal Information Does MelissaRicker.com Gather?
MelissaRicker.com gathers information when you register on our Website, place an order, subscribe to our newsletter(s), and/or fill out a form. In doing so, we receive and store any information that you enter on our Website and/or give us in any way.
You can visit the Website anonymously, or choose to not provide our site with any piece of information, but then you might not be able to take full advantage of our features, products, or services. We use this information in order to effectively respond to your requests, customize your use of the Website, improve our services, and to communicate with you.
Information That You Provide To MelissaRicker.com
You provide most information when you search, buy, post, or communicate with us. For example, you provide information when you search for a product; place an order through the Website or one of our third-party sellers; provide information for your order, account, and/or profile; communicate with us by phone, e-mail, or otherwise; complete a questionnaire; use our services; participate in discussion or community features; or provide and rate reviews. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number(s); e-mail addresses of your friends and other people; content of reviews and e-mails to us; personal description; and financial information.
Information From Third Parties
We may obtain information about your from third parties. For example, if you access the Website through a third-party (e.g., Facebook, Twitter, Instagram, etc…) by “following” and/or “liking” our Website, and/or Melissa Ricker, the relevant third party may transfer certain information about how you use its service. This information can include, but is not limited to, your relevant user ID, information that you have permitted said third party to share with us, and any information that you have made public in connection with that service. As such, it is a good idea to always review and adjust your privacy settings on third-party websites and/or services before connecting to another product or service.
Other, examples of information that we receive from third parties includes updated delivery and address information from our carriers or other third parties, which we can use to correct our records and deliver your next purchase or communication more easily; account information; purchase or redemption information; and/or any financial information that we can obtain to help prevent and detect fraud.
What About Cookies?
Cookies are unique identifiers that are transferred from a given website to a device in order to recognize the user and provide relevant features. MelissaRicker.com does not use any cookies, and/or retain any such information.
Does MelissaRicker.com Sell Any Of The Information That It Receives?
The simple answer is “no.” Information from and about our customers is a cherished part of our business, and we do not sell any of our customers’ personal information to others. As such, we do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. However, we may share your information as noted below:
Third Parties: In rare cases, MelissaRicker.com employs other companies or individuals to perform (or help perform) certain functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, search results, or links, processing credit card information, and/or providing customer service. In doing so, we might share your information with third-party business partners for the purpose of providing our products and/or services to you. However, such third-parties will be given limited access to your information, only as is reasonably necessary to deliver the product or service, and will never receive your information for any other purpose. Furthermore, we will always require any such third-party to adhere to this Privacy Notice, or operate under a similar policy.
User Content: Any user content that you voluntarily disclose for posting to our services and/or Website may become available to the public and unable to be removed, except by MelissaRicker.com in its sole discretion. Once posted on the Website, such user content may not be removable from public view, as copies may remain viewable in cached and archived pages of the Website, on other sites that have republished us, or if other users have copied or saved that information. If you do not wish your content to be available to the public, please do not post it on the Website.
Non-Identifiable Information: Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Email Address(es): If you enter an email address, you will be able to communicate with MelissaRicker.com, and possibly with other users. If you reply to users or participate in group meetings, your email address might be shared with these other users.
Change Of Control: In the unlikely event that we buy or sell/divest/transfer the company, the Website, any of our products, services, assets, or any portion thereof (including any shares in our company), your personal information might be among the content that is sold and/or otherwise transferred in this type of a deal.
With Your Consent: Other than as set forth herein and above, you will receive notice when information about you might go to third parties. In these cases, you will have an opportunity to instruct us to not share the information, or any portion thereof.
How Does MelissaRicker.com Protect Your Information?
We employ various security measures to maintain the safety of your personal information when you place an order, or enter, submit, or access your personal information. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information that you provide. Such information is only accessible to those authorized with special access rights to such systems, and are always required to keep such information in confidence. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
What About Advertisements And Links To Other Websites?
Occasionally, our Website will include third-party advertising or links to other websites. These third party sites have separate and independent privacy policies, including differing terms regarding the usage and retention of cookies, and sharing of personal information. As such, we have no control over, responsibility for, or liability because of the activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. Some third-parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising. However, we do not provide any personal information to advertisers or to third party sites that display ads or links on our Website.
What Choices Do You Have About Your Information?
As discussed above, you can always choose to not provide certain information (unless required for the particular transaction), even though it might be needed or beneficial to make a purchase or take advantage of certain features.
At any time, you may update your account information and e-mail communication by contacting us through the relevant channel. You can stop receiving promotion email communications by following the steps to “unsubscribe” contained in any such email. We make every reasonable effort to promptly process all unsubscribe requests. If you have any questions about opting out of any such emails, please contact us directly.
Although we do not collect or retain any cookies, if you are at all concerned with the usage and retention of such cookies, it is a good idea to disable this function. The “Help” feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its relevant manufacturer.
Are Children Allowed To Use MelissaRicker.com?
Our website, products and services are all directed to people who are at least 13 years old or older. As such, we do not sell products or services for purchase by children, and any product or service that might be relevant to or beneficial for a child is only offered on our Website for sale to adults. If you are under 18 years of age, you may only use MelissaRicker.com and/or any product, service, or portion thereof with the involvement and under the supervision of a parent or guardian. Furthermore, we are in compliance with the requirements of Childrens Online Privacy Protection Act, do not collect any information from anyone under 13 years of age.
Conditions, Notices, and Revisions
As noted above, by using the Website and/or purchasing any products or services offered hereunder, you consent to the terms of and practices detailed in this Privacy Notice. Furthermore, your visit to this Website, and any dispute over privacy that might arise pursuant to your use of this Website, are subject to this Privacy Notice. If you have any concern about privacy at MelissaRicker.com, please contact us with a thorough description of your concern(s), and we will try to resolve it if possible.