In order to receive your Private Advice from Em & Lo, you must read through and agree to our Terms of Service by clicking the check box at the bottom of this page, followed by pushing the PayPal “Buy” button at the bottom of this page, and then purchasing the service via PayPal.
TERMS OF SERVICE and STATEMENT OF PRIVACY
By checking the box and clicking on the Paypal “Buy Now” button below, you agree to be bound by the following terms and conditions. If you do not agree, please do not check the box or click “Buy Now.” In this agreement, “we” is Em & Lo and “content” is the advice we will email to you.
1. Who You Are
You affirm all of the following:
— You are at least 18 years old.
— All the information you provide us is accurate and current.
— Your use of this site is not prohibited by law.
— The contact information you provided belongs to you.
2. Who We Are
We are not doctors or licensed therapists or trained counselors or in any way professionally qualified to treat you. The content we provide is meant for entertainment purposes only and is not a substitute for advice, programs, or treatment that you would normally receive from a licensed professional such as a doctor or psychiatrist. You agree that we shall not have any liability for any loss or damages arising from any advice or information we provide you in the content.
3. Your Information
The information you submit to us (including your name, email address, contact information, PayPal account name, and advice question) remains your property, and we do not claim any ownership of the copyright or other proprietary rights. We will never publish or share or distribute this information in any form — this is a PRIVATE service. We will only use your contact information to send you the advice; we will not share this contact information with anyone else or use it to contact you about anything besides this particular advice transaction.
4. Our Content
The content we provide to you is solely for your personal and private, non-commercial use. You may not publish the content, forward it, share it, upload it, distribute it, or broadcast it in any form. (In other words, yes, you can let your best friend read it, but please don’t post it to your blog or Facebook account or tabloid newspaper.) Also, the content is provided in an “as is” condition — you may not submit any follow-up questions to Em & Lo or expect to hear anything further on your question, unless you make a new “Private Advice Request” via our Contact Form, it is approved by us, and you purchase another session of Private Advice. Once you have agreed to these Terms of Service and clicked on the “Buy Now” button below, there will be NO REFUNDS under any circumstances. We also retain full ownership and copyright of any and all content you receive from us, which we may edit, reuse and/or reprint at any time in any current or future medium, without any notification or financial obligation to you.
5. Warranty Disclaimers and Limitation of Liabilities
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE — USE OR OTHER EXPLOITATION OF THE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT. No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in this agreement.
YOU — USE AND INTERPRET THE CONTENT AT YOUR OWN RISK, AND WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THEIR — USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF — USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE CONTENT, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6. Applicable Law and Jurisdiction; Compliance.
You and we agree that all matters arising from or relating to the use and operation of the content will be governed by the substantive laws of the State of New York, United States of America, without regard to its conflicts of laws principles. All disputes arising in connection with your use of the Service shall be subject to the exclusive jurisdiction of the state and federal courts sitting in New York County, New York, United States of America. You agree that, upon the written demand of Em & Lo, in connection any dispute arising in connection with your use of the content (except for any application for urgent equitable relief), you shall submit to voluntary mediation, and, if such mediation is not successful, to arbitration conducted by a panel of three arbitrators sitting in New York County, New York, United States of America. Each party shall choose one arbitrator and those two shall choose the third. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the decision of the arbitrators shall be binding and enforceable in any court of competent jurisdiction. The arbitrators shall have no power to award punitive damages nor any damages inconsistent with the Terms of Service or measured other than by the actual losses suffered by the parties. The award of the arbitrators may be enforced in any court of competent jurisdiction. If you choose to gain access to the content from locations other than the State of New York, you will be responsible for compliance with all local laws of any such other location.
7. Miscellaneous Provisions.
No delay or omission by Em & Lo in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Em & Lo of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this agreement, “including” means “including but not limited to”. If any provision of this agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this agreement sets forth the entire agreement between you and Em & Lo regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
I have read and agree to these Terms of Service.