Effective Date: January 1, 2019 | Last Modification: June 1, 2019

Your access to and use of the Empire Builder Academy and Denise Marie Filmore websites accessible at http://www.empirebuilder.com (“Site”) is governed by the terms and conditions of this terms of use agreement (“Terms of Use” or “TOU”). By accessing or using the Site, you accept and agree to be bound by the Terms of Use, which may change from time to time. If you do not agree to the Terms of Use, you should not access or use our Site. If you do not comply with the Terms of Use, we reserve the right to terminate your password, user account, and/or access to this Site or any part thereof.

Please read these notice, terms and conditions (“Terms”) carefully before using Our Service.

BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:

·       HAVE READ THESE TERMS,

·       UNDERSTAND THESE TERMS, AND

·       ACCEPT AND AGREE TO BE BOUND BY THEM.

You must be at least 18 years old to access this Website or to purchase products and/or Services from Us.

You agree that you are accessing the Services on Our Website for business purposes. If you are using the Service on behalf of an organization, You are agreeing to these Terms for that organization and confirming now to Empire Builder Academy and Denise Marie Filmore International, Inc. that you have the authority to bind said organization to Our Terms of Service (in which event, “You” and “Your” will refer to that organization).

If you do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time you are not willing to be bound by these Terms, You should:

·       click the “I do not accept” or similar button,

·       terminate any download and/or installation process,

·       immediately cease and refrain from accessing or using the program, and

·       delete any copies you may have.

ACCOUNTS

As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.

The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the “Content”) on this Website, or any part of such Content, or share your rights under these Terms to and with others.

You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that you will not

·       select or use the login credentials of another person or company with the intent to impersonate that person or company; or

·       use login credentials in which another person or company has rights without such person’s or company’s authorization.

Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.

Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms.

You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.

You are responsible for all usage or activity on your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.

ACCESS AND USE

Your use of the Site is intended for personal, non-commercial use only. In accessing or using the site, you agree to comply with all applicable federal, state, and local laws. Except as expressly permitted by the Terms of Use or any other applicable Empire Builder Academy and Denise Marie Filmore agreement or terms, you agree that you will not use, reproduce, distribute, publicly display, publicly perform, publish, transmit, create derivative works from, or otherwise unlawfully use Empire Builder Academy and Denise Marie Filmore’s Content.

If you purchase downloadable Content or access free downloadable Content from the Site, your access and use to such material is limited to personal, non-exclusive, non-commercial, non-assignable, non-transferrable use only.

CONSENT TO USE INFORMATION

By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your membership, for the following purposes:

·       the processing of this membership application; and

·       the administration of the membership with our organization.

Please visit the Privacy Policy (http://www.denisemariefilmore.com/privacy-policy) for further details on our data protection policy, including how You may access and correct your personal information or withdraw consent to the collection, use or disclosure of your personal information.

Additionally, when You communicate with Us, send Us information, or provide Content to Us, You grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.

NO REFUNDS

Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, Denise Marie Filmore International, Inc.abides by a strict, no refund policy. By accepting these Terms, You agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website.

DISCLAIMER OF WARRANTY

By accepting these Terms, You agree and understand that We provides seminars and business coaching services only and guarantee no specific results. You acknowledge that We make no promise or representation that You will make a certain amount of money, or any money, or that you will not lose money, as a result of using these Services.

Any earnings, revenue, or income statements viewable on this Website or our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. As with any business, Your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary.

There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.

In accepting these Terms, You acknowledge that You take full responsibility for your own success.

In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.

Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

INTELLECTUAL PROPERTY

The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Empire Builder Academy and Denise Marie Filmore International, Inc., or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.

By accepting these Terms, You further acknowledge and agree that We and Our third party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.

Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.


YOU UNDERSTAND AND AGREE THAT THE SITE, ITS CONTENT, AND THE INFORMATION, MATERIALS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON THE SITE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING, USING OR DOWNLOADING ANY MATERIAL OR PRODUCT FROM EMPIRE BUILDER ACADEMY, DENISE MARIE FILMORE OR THE SITE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THAT YOUR USE OR ACCESS TO THE SITE, ITS CONTENT, OR EMPIRE BUILDER ACADEMY AND DENISE MARIE FILMORE’S PRODUCTS WILL BE ERROR-FREE OR VIRUS FREE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF WARRANTIES ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.

HEALTH AND MEDICAL DISCLAIMER

Empire Builder Academy and Denise Marie Filmore are websites dedicated to sharing the love for a holistic and whole food lifestyle. But, Empire Builder Academy and Denise Marie Filmore are not medical organizations and we are not health professionals. The Site and the Content we provide on the Site is not, and is not intended to be, medical advice, and we do not provide medical diagnoses of or treatments for health conditions. You should seek the advice of a physician if you have questions about whether our programs are suitable for you and before you begin any new health and wellness regimen. It is your responsibility to research the accuracy and usefulness of the opinions we provide on the Site.

The products and information on this Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.

We are not, nor are we holding ourselves out to be a doctor/physician, nurse, physician’s assistant, or any other medical professional (“Medical Provider”). We are not, nor are we holding ourselves to be your psychologist, psychiatrist, psychotherapist, or social worker (“Mental Health Provider”). Our blog and website include[s] information and instruction relating to wellness topics, such as relationships, stress, depression, personal growth, etc. collectively, (“Our Content”).  You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our Content.

Empire Builder Academy and Denise Marie Filmore are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through Empire Builder Academy and Denise Marie Filmore’s websites are 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, or any other licensed or registered health care professional. Do not use Our Content in lieu of professional advice given by qualified medical professionals and do not disregard professional medical advice or delay seeking professional advice because of information you have read on our website, or received from us.

Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or before implementing any recommendations or suggestions from our website.  Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other healthcare professional.  If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  If you know or suspect that you may be pregnant, have an eating disorder, or have any other physical, psychological, emotional or medical or mental health condition, it is imperative that you seek the advice of your doctor or other health care provider prior to using Our Content.

We are not providing health care, mental 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.

You acknowledge that you are participating voluntarily in using Empire Builder Academy and Denise Marie Filmore’s websites and that you are solely and personally responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from our website to your life, family or business.

Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment, and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual.  Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.

EARNINGS DISCLAIMER

When addressing financial matters in any of our Sites, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to grow your business and improve your life. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations. This is not a “get rich scheme.” Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business talent, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.

Success is hard. We coached every one of our clients through fear, overwhelm and challenges to find success. Your business is different, therefore your results will be different.

NO PROFESSIONAL ADVICE

The information contained in or made available through our sites (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.


PRIVACY

We are committed to protecting your privacy and security. Please read our Privacy Policy, which is incorporated into the Terms of Use by reference.

LINKS TO THIRD PARTY WEBSITES

We sometimes provide links to third party websites on our Site. If you choose to click on a third party website link on our Site, you acknowledge and agree that Empire Builder Academy and Denise Marie Filmore have no control over or responsibility for the information, content, products, services, advertising or information collection practices of the third party site(s). We do not make any representations or warranties regarding the accuracy, security or legal or regulatory compliance of third party websites and you agree to assume the risks, responsibilities, and consequences resulting from your use or access of third party websites.

Certain services made available via the Site are delivered by third party sites and organizations.  By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Empire Builder Academy and Denise Marie Filmore may share such information and data with any third party with whom Empire Builder Academy and Denise Marie Filmore have a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.


TERMS AND CONDITIONS OF SALE


A. Products. Our products, including digital publications, are delivered to you in an e-mail containing a link to a downloadable portable document format (PDF) file. The download link is active for five clicks. After five clicks, the link will no longer work. We recommend saving the PDF after downloading it so that you may access the PDF any time after your purchase without relying on the download link. We do not re-issue download links after link expiration. If your download link expires, you will need to re-purchase the product for a new download link.

You may need the Adobe Reader® software or Adobe Reader® mobile app in order to access the PDF. The file is also readable in iBooks. For more information on accessing our digital products, please email contact@denisemariefilmore.com.

B. Pricing. All products listed on the Site and their descriptions, including pricing, are subject to change. Empire Builder Academy and Denise Marie Filmore reserve the right to modify, suspend or discontinue the sale of any product at any time with or without notice. If a product is listed with an incorrect price or with incorrect information, we shall have the right to decline or cancel your order prior to acceptance of your order. If you have already submitted payment for your order, we will issue a refund to your credit card or PayPal account.

C. Payment Terms. You agree to pay the price applicable for each product as of the date and time you submitted your order on the Site. We accept Visa, Mastercard, Discover and American Express credit card payments or payments made through PayPal.

D. Product Return Policy. Empire Builder Academy and Denise Marie Filmore do NOT accept returns or provide exchanges or refunds for purchased digital products or publications – no exceptions. We do NOT re-issue download links after link expiration. If your download link expires, you will need to re-purchase the product for a new download link.

E. Shipping Policy. We deliver our products as a digital download sent to your e-mail address. By submitting your e-mail address to us, you authorize us to deliver the digital download(s) and/or a link to the digital download(s) you have purchased to that e-mail address. We do not ship physical products at this time.


CALIFORNIA CONSUMER RIGHTS NOTICE

California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:

If you have a question or complaint about Empire Builder Academy and Denise Marie Filmore, our products, or our Site, please contact us via phone at , e-mail at contact@denisemariefilmore.com , or in correspondence sent to our mailing address at P.O. Box 768536, Roswell, GA 30076. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.


LIMITATION OF LIABILITY

YOU AGREE THAT YOUR ACCESS AND/OR USE OF THE SITE AND/OR ITS CONTENT IS AT YOUR OWN RISK. YOU AGREE THAT EMPIRE BUILDER ACADEMY, DENISE MARIE FILMORE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE SITE CONTENT, OR EMPIRE BUILDER ACADEMY AND DENISE MARIE FILMMORE'S PRODUCTS, REGARDLESS WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF EMPIRE BUILDER ACADEMY, DENISE MARIE FILMORE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS AND AFFILIATES EXCEED THE GREATER OF THE TOTAL PAYMENTS MADE BY YOU TO EMPIRE BUILDER ACADEMY AND DENISE MARIE FILMORE IN THE PRECEDING SIX (6) MONTH PERIOD OR FIFTY DOLLARS ($50). THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF LIABILITY ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.

INDEMINIFICATION

You agree to defend, indemnify and hold harmless Empire Builder Academy, Denise Marie Filmore and its officers, directors, employees, parents, partners, successors, agents and affiliates from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses, including reasonable attorneys’ fees and costs, arising out of, related to or that may arise in connection with your access to our use of the Site or its Content and/or any actual or alleged violation or breach by you of Empire Builder Academy and Denise Marie Filmore Terms of Use.

TERMINATION

Your sole right with respect to dissatisfaction with the Site, Content or the Terms of Use is to stop accessing or using our Site or Content. We reserve the right to terminate, suspend or block your access to the Site and/or its Content at any time for any reason in our sole discretion. Any termination, suspension or restriction shall not affect your obligations under the Terms of Use and the provisions of the Terms of Use, including your obligations and agreements under the Terms of Use, such as the provisions relating to intellectual property, licenses, limitations of liability, or payment, for example, shall survive such termination, suspension or restriction.

CHOICE OF LAW, JURISDICTION, VENUE

These Terms of Use shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. You agree to the exclusive jurisdiction and venue of the state and/or federal courts located in Fulton County, Georgia, and any action or proceeding, in law or in equity, arising out of the Terms of Use must be brought in the state or federal courts of Fulton County, Georgia.

MISCELLANEOUS TERMS

The Terms of Use and our Privacy Policy constitute the entire understanding and agreement between you, Empire Builder Academy and Denise Marie Filmore. We may assign our rights and obligations under the Terms of Use. The Terms of Use will insure to the benefit of our successors, assigns and licensees. You may not assign, transfer or sublicense any or all of Empire Builder Academy and Denise Marie Filmore’s rights or obligations or your rights or obligations under the Terms of Use.

These Terms may not be modified or amended orally, impliedly, or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms.

We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.

Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

These Terms in all respects shall be governed by and construed according to the laws of the State of Georgia. The venue for any dispute shall be in the County of Fulton.

This Agreement is entered into in Fulton County, Georgia. You agree and consent to the exclusive jurisdiction and venue of the state of Georgia and county of Fulton for any dispute arising from or related to this Agreement.

Should any part of these Terms be declared void, unlawful or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms.

QUESTIONS ABOUT OUR TERMS AND CONDITIONS?
Please direct any questions regarding this Privacy Policy via e-mail to contact@denisemariefilmore.com or in correspondence sent to our mailing address at P.O. Box 768536, Roswell, GA 30076.