Terms of Use

Welcome to eMedia Strategist! We provide publishers and content marketers with information and consulting services to help grow their digital business. These terms and conditions govern your use of our services. As used in these Terms of Use, “Services” means this website, email and social media communications, in-person communications, and other user interfaces provided by eMedia Strategist (“EMS”).

Acceptance of Terms of Use

These Terms of Use, which include our Privacy Policy (www.emediastrategist.com/privacy), govern your use of our Services. By using, visiting or browsing EMS Services, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use EMS Services.

Changes to Terms of Use

EMS may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provide however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.

Privacy

Personally identifying information is subject to our Privacy Policy (www.emediastrategist.com/privacy). Please review our Privacy Policy to understand our practices.

Communication Preferences

When you make a purchase, register for something free, or otherwise provide your email address on the EMS Services, you consent to receive email communications from EMS relating to your account or to fulfill your transaction (e.g. payment authorization, change in password, confirmation emails, etc.). Such transactional emails are part of your relationship with EMS and you agree that any such emails will satisfy any legal communication requirements, including that such communications be in writing.

You further consent to receiving other, non-transactional email communications from us, such as newsletters, customer surveys, or promotional offers. If you no longer want to receive these non-transactional communications, simply use the “Email Preferences” link at the bottom of any email that we send and opt out. Please review our Privacy Policy (www.emediastrategist.com/privacy) for further detail.

Order, Shipping and Billing

When you order a physical or digital product from EMS, you authorize us to charge your Payment Method for the full amount at the time you place the order. Acceptable Payment Methods will be presented to you during the ordering process.

You are responsible to provide accurate personal information when ordering physical or digital product from EMS, which may include, but is not limited to, your name, physical address, phone number, email address and a valid Payment Method. EMS is not responsible for problems with ordering or shipping as a result of inaccurate personal information.

Physical products are typically shipped within two business days from the receipt of an order and successful processing of your Payment Method. Unless otherwise stated during the order process, shipping method shall be at the sole discretion of EMS and may or may not include a tracking code. Physical product fulfillment shall be considered complete upon delivery to the shipper.

Digital products are fulfilled via email with a link to download a product or access a membership area online and such fulfillment shall be considered complete upon successful delivery of such email communication. You are responsible for providing the Internet connection, systems and software required to download, access or utilize a digital product from EMS. You are also responsible for any email connection problems including spam or junk mail filters.

Refund Policy

If you are not completely satisfied with a physical product from EMS, you must notify us in writing and return the product to us in good condition within 30 days of the date that you placed your order. Everything that was shipped to you, including any bonuses, must be received at our address, eMedia Strategist, 1298 Main St. #A, PMB 4243, Windsor, CO 80550, before the 30-day period has passed. A refund will be issued within 30 days after we receive your request and have received the return of all physical products.

If you are not completely satisfied with a digital product from EMS, please send an email to support@emediastrategist.com within 30 days of the date that you placed the order, and from the email address that you used to place the order. A refund will be issued within 30 days from the receipt of your request.

Passwords and Account Access

You are considered the “Account Owner” and have access and control over your own account. Control over your account is exercised through use of the Account Owner’s password. To maintain exclusive control, the Account Owner should use a strong password and not reveal the password to anyone else. In addition, the Account Owner should not reveal details about the Payment Method associated with their account (e.g. last four digits of your credit or debit card, or PayPal email address), nor give access to the email account associated with the Account Owner’s account on EMS.

Limitations on Use

You must be 18 years of age, or the age of majority in your province, territory or country, to use the EMS Services. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

The EMS Services, and any content delivered through our services, are for your personal and non-commercial use only. We may grant you a single, limited, non-exclusive, non-transferable, license to access certain EMS Services. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the EMS Services for public or corporate display.

Intellectual Property

You acknowledge and agree that all content and materials available through the EMS Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of EMS. For information on requesting such permission, please contact us at support@emediastrategist.com.

Third-Party References and Links

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

Information You Submit

You hereby warrant that any information you submit to the EMS Services is owned by you, or that you may legally submit such information, and have the necessary authority to submit such information. You hereby grant EMS a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to us.

You further agree that you shall not submit or transmit any content to the EMS Services that is:

  • Obscene, vulgar, or pornographic;
  • Encourages the commission of a crime or violation of a law;
  • Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;
  • Infringes the intellectual rights of a third party;
  • Is otherwise offensive or inappropriate based upon the type of content and information provided by us and/or third parties on this web site.

We reserve the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in our sole discretion, without liability or warning to you.

We reserve the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold us harmless from any consequences or actions taken by us in cooperation with such law enforcement investigation or court order.

Earnings Disclaimer

Use of the EMS Services is not to be interpreted as a promise or guarantee of earnings. You agree and understand that EMS is not responsible for your success or failure and makes no representations or warranties of any kind whatsoever that the EMS Services will produce any particular result for you.

Disclaimers of Warranties and Limitations on Liability

THE LMI SERVICES AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE EMS SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EMS DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE EMS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EMS AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT PROVIDED ON THE EMS SERVICES IS ACCURATE, RELIABLE OR CORRECT. YOUR USE OF THE EMS SERVICES IS SOLELY AT YOUR RISK.

UNDER NO CIRCUMSTANCES SHALL EMS, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE EMS SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO EMS FOR PRODUCTS OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the terms and conditions stated herein.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to this web site and supersedes all prior or contemporaneous communications between you and us with respect to this web site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado. You hereby consent to binding arbitration in the State of Colorado to resolve any disputes arising under these Terms and Conditions.

Contacting Us

If you need to contact us, please email support@emediastrategist.com or send us a letter at: eMedia Strategist, 1298 Main St. #A, PMB 4243, Windsor, CO 80550.

Last Updated: 8/4/2015