Effective date: October 16, 2020
For good and valuable consideration of thirty three U.S. dollars ($33USD) monthly, or ($333USD) three hundred thirty-three U.S. dollars annually, Client has agreed to purchase a membership to Dream Oracle School (hollyemmerson.com) (hereinafter “Membership Site”). In exchange, Coach agrees to provide the services outlined in the Membership Site Details below, and Membership Site Addendum attached hereto.
- Membership Site Outline:
- Client agrees and understands that he/she is purchasing a monthly or annual subscription to the Membership Site, where client has access to content to learn how to interpret dreams, connect with Spirit through the Dream World and dreaming as a spiritual practice.
- Client acknowledges that he/she has read the Membership Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Membership Site as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.
- Membership Site is not to be considered a substitute for therapy or medical treatment. Coach is not able to nor will she provide any sort of therapy, medical treatments, medications, or other services that are completed by a medical professional. Membership Site is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Membership Site is not right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Coach to provide any services other than that outlined below in the Membership Site Outline Addendum.
- Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Membership Site, Client understands additional action may be taken by Coach up to and including legal action.
- Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another Program created by Coach. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial.
- If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.
- Payment and Payment Plans
- If Client chooses monthly subscription: Client understands the cost of the Membership Site is thirty three US dollars ($33), which is payable each month, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Coach’s website or a designated third party payment processor of Coach’s choosing, in full.
- If Client chooses annual subscription: Client understands the cost of the Membership Site is three hundred and thirty three US dollars, ($333), which is payable annually, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Coach’s website or a designated third party payment processor of Coach’s choosing, in full.
- Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) Client’s access to Membership Site may be forfeited if payment is not made within 7 days of the date it is due, and (2) Client will owe a $25USD late fee if he/she has not made the appropriate payment after the 7 day grace period.
- Coach reserves the right to cancel Client’s access to Membership Site should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Coach for access to Membership Site.
- Auto-Renewal Agreement
- HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to [email protected] with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon Coach’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 7 days away.
- If monthly membership: As outlined above, if Client cancels his or her membership less than 7 days before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancelation will take effect following this. Should this occur, Client will have access to Membership Site for the month in which Client paid, with membership terminating at the end of the last paid month.
- If annual membership: As outlined above, if Client cancels his or her membership less than 7 days before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next year, and the cancelation will take effect following this. Should this occur, Client will have access to Membership Site for the year in which Client paid, with membership terminating at the end of the last paid year.
- CANCELATION POLICY: If Client wishes to cancel his or her membership, Client must do so more than 7 days before the charge is scheduled to withdraw. Any requests for cancelation made less than 24 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.
- IF Client purchased access to Membership Site during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount of $33 USD following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, other than the email as outlined above, notifying Client that his or her card will be charged in the near future for the following month.
- By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.
- Refund Policy
- Coach is not able to offer refunds once Client has purchased access to the Membership Site. If Client is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months.
- Client further agrees and understands that changing his/her mind about the Membership Site, failing to follow through or understand the details of the Membership Site, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
- Coach is not responsible for any specific technology you may need in order to adequately view and utilize Membership Site. Client’s inability to access Membership Site due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy in paragraph five (5).
- Medical Disclaimer – Not Medical or Professional Advice
- Membership Site and content contained within the Membership Site is not to be considered therapy or counseling, medical treatment or advice, and nothing within the Membership Site is intended to provide or act as a substitute for mental health treatment.
- Client understands and agrees that Membership Site offers instructional services in the field of dreams and spirituality only. There are no therapy, treatment, or medical-based elements to Membership Site, and it is not meant for those who are in need of (or think they may be in need of) medical services. Coach is not attempting nor suggesting Client enroll in Membership Site in place of a personalized consultation with a medical professional in your geographical area.
- Coach encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Membership Site will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching Membership Site offered is right for them. Nothing contained within Membership Site is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
- Voluntary Participation
- Client understands and agrees that he/she is voluntarily choosing to enroll in Membership Site and is solely responsible for any outcomes or results. While Coach believes in her services and that Membership Site is able to help many people, Client acknowledges and agrees that Holly Emmerson is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Membership Site and any results therein.
- Disclaimer /No Guarantees
- While many of Coach’s past and current clients have experienced wonderful benefits from the content contained in Membership Site, Coach cannot guarantee results from any of the content on Membership Site, and cannot make any representations or guarantees regarding individual results. Client will hold Holly Emmerson harmless if he or she does not experience the desired results.
- Client understands that all services provided by Holly Emmerson in connection with the Membership Site being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Membership Site and work with Coach on a purely voluntary basis and does not hold Coach or Membership Site responsible should Client become dissatisfied with any portion of the Membership Site.
- Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Membership Site, as long as Coach delivers the Membership Site as described in the Addendum below.
- Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Holly Emmerson harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Membership Site. The content provided by Coach on his/her website and within the Membership Site is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Membership Site, and has no expectation of a specific result that he or she holds Coach responsible for.
- Intellectual Property
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through Membership Site without written permission by Coach;
- Post, distribute, copy, steal or otherwise use any portion of the Membership Site or its content, or information obtained via other members in the group Membership Site without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
- Claim any content created by Coach as part of the Membership Site or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own.
- Share purchased materials, information, content with others who have not purchased them.
- Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and Canadian and United States Federal laws.
- Client agrees and understands that Coach has created numerous original, creative works in connection with the Membership Site, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Membership Site, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Membership Site.
- Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behaviour is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Membership Site without refund, as well as access to any Membership Site or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Membership Site, she/he is gaining access to view all content and information available as part of the Membership Site. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to use the information provided as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
- Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Membership Site, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Membership Site. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
- Dispute Resolution
- Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
- If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the Canadian Arbitration Association, to be completed in British Columbia within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
- Applicable Law
- This Agreement shall be governed by and under control of the laws of British Columbia, Canada regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of British Columbia Canada are to be applicable here.
- This agreement may be altered, amended, changed, extended, or updated depending on current laws, structure of Membership Site, or Coach’s business. Client’s continued use of the Membership Site constitutes an agreement to the most updated version of this Agreement.
MEMBERSHIP SITE OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing a monthly subscription to Membership Site. While the below is subject to change, at the time of purchase, Membership Site includes access to the following:
- Core content for Dream Oracle School (content dripped over several months)
- Private Facebook Community
Personal Information We Collect
Website provides several opportunities for you, the user, to voluntarily provide us with your personal information in exchange for a free resource, to be added to or email or subscriber list, or to contact us. If you elect to “opt-in” and provide us with your personal information for any of these purposes, we will collect the information you provide, which may include your name, email address, phone number, and the text of any message you send us. We will also process personal information in the form of comments, images, or videos you make or share on our blogs, social media pages, or any other online forum currently available, or made available in the future. You understand that your decision to provide any information to us in this manner is voluntary, and constitutes your clear consent to allow us to collect, process, and retain it.
If you elect to fill out the “contact us” portion of our website, or provide us with any other communication data, including but not limited to that provided via email, social media messaging or posts, or text messages, we may collect information including your name, email address, phone number, information you share with that social media platform, as well as the text of any message you send electronically. This data will be processed based on our legitimate interest in communicating with you, answer any questions or concerns you have. We may also retain your data to keep a record of the communication.
If you become a customer, we will collect additional information in order to carry out and complete the purchase and sale of the goods or services you have requested, including but not limited to your name, email address, billing address, credit card or payment information, and any other information necessary in order to complete purchase of the product or service you elect to buy. We will collect and process this data in order to fulfill our contractual obligation to complete your order and will not retain the information any longer than necessary. We use third party data processors to take and complete payment, and we will not retain nor have access to your payment information.
If you are on our email list due to your consent to be added, or our legitimate interest in engaging in direct marketing, we may also use your data to send you targeted social media advertisements or upload your information into our social media account to create look-a-like audiences. To ensure compliance with the CAN-SPAM act, all emails from us will clearly state the sender of the email, as well as provide instructions on how to unsubscribe from our list, or contact us with any questions or concerns.
We may also collect information though Automatic Data Collection Technology. We may use or send standard “cookies” to identify your browser from time to time. We do not include any personally identifiable information in cookies, and will not employ any other mechanisms (other than those discussed above) to capture data on our website. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You can accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of Website may not work properly or at all. Website does not respond to Do Not Track signals sent by your browser.
We may also collect data about how you use Website, your browsing actions or patterns, computer equipment, IP address, internet connection, and other similar choices you make, including via Google Analytics and Facebook Pixels, in order to obtain statistical data, improve our website and offerings, and ensure you receive information relevant to you. If we utilize this technology, we will use them in compliance with all policies of these third party companies. We may receive personal data from third parties including Google, social media platforms, search engines, Paypal, Stripe, and other third party payment processing companies.
Lawful Grounds for Processing: In order to ensure compliance with the European Union’s General Data Protection Regulation (“GDPR”) we confirm we have lawful grounds for processing the information we collect from you. If you provide your personal information via our “contact us” page or send us any other form of electronic communication, we will process your data based upon our legitimate interest to respond to user or customer inquiries. If you elect to receive communication from us by “opting in” and provide us with your name and email address in exchange for a free resource or training, we will process your data for the purpose it was collected based on your affirmative consent to do so, and may periodically send you additional email marketing based upon our legitimate interest in marketing to those that have shown an interest in our products or services. We may also give you the option to be added to our email list, in order to receive our newsletter, information about our products and services, and other information we believe may be of interest to you based upon your decision to opt-in to one or more of our free resources, and will obtain your consent to do so. You may withdraw consent at any time by contacting us and requesting your information be edited, updated, or deleted. We do not collect any sensitive data, nor any information regarding criminal offenses or convictions.
How and Why It’s Collected
We collect your personal information when you voluntarily, directly provide it to us to receive a free or paid resource, product, or service, or when you fill out a form or send an email to contact us, and we do so in order to provide you with the resource you have indicated you’d like to receive. We may also track your future interactions with our content, and use your personal information to keep you informed about the products and services you have elected to receive, as well as any linked or similar products or services we think you may be interested in. The information will be collected by us following your choice to manually enter it in, and click to be added to our list. No such information will be collected without your taking action to be added to our list, or in exchange for a free resource.
We may also receive data from third parties like Google Analytics, Facebook and other advertising platforms, providers of technical or payment services as needed, and other similar third parties. We do our best to only utilize third parties who have been deemed GDPR-compliant, and whom we have either completed a data processing agreement with, or have reviewed and confirmed their policies regarding data processing to ensure compliance.
How We Use Your Information You Provide
You have the right to know and understand how your information is used. We will use the personally identifiable information you voluntarily give us in order to carry out the service or product you requested, including free resources, trainings, newsletters, periodic promotional emails, and to notify you about any changes to our policies or services. We may also use your personal information to form “look-a-like” audiences in our digital marketing campaigns, which includes uploading your information into our social media advertising campaign.
If you purchase something from us, we will use your billing address and credit card information to complete your desired purchase or purchases only, and will not store or share any such information. By providing this information to us, you understand and agree that we may use and store such information to send emails, bill credit cards in exchange for programs or products purchased, or utilize comments for marketing purposes.
If you make a purchase from us, we may also use your personal information to send necessary updates to our products or services you have purchased, or to keep you informed of any necessary information relating to our products or services.
Non-Personally Identifiable Information: Additional non-identifying information that is collected may be used to provide an overview of how people are accessing and using Website; it is not used for any additional purposes, and Website does not use any such data to make automated decisions. We may also record some or all information to help create a better user experience. We may use information such as your IP address to help diagnose technical problems with servers or our website, and to determine which portions of our website receive the most traffic, to understand which content is the most useful to our visitors. Your IP address will not personally identify you, and may be used in such limited purposes as outlined above, in order to improve user experience.
How Information is Stored and Shared
You have the right to know what information is stored (and not stored) and how it is processed. Your information is stored through a data management system, and it is important to us to take appropriate measures to ensure your information is kept confidential. You understand that there are limited purposes where we will share your confidential information, including with those who are providing technical support for our website, or those who are members of our team, including legal and accounting. Any parties who will have access to your information will keep such information confidential and will never share with any unrelated parties to the best of our abilities. information provided by you will never be shared, sold, or given to any other company or person without your consent, other than what is required to complete a purchase or request you have made, unless required to do so by law, or any governmental requirements. We require all such third parties to treat your personal information in accordance with the law, and only allow them to process your personal data for specific, necessary purposes.
Please be aware we may disclose information provided if we are required to do so by law, or if there is an honest, good faith belief that such disclose is necessary to protect the rights of our website or of “Holly Emmerson” that any portion of our policies are being violated, to prevent or mitigate a belief that a crime may being committed, or to protect that safety or rights of our other uses. This information may also be shared as a result of the sale of “Holly Emmerson” or any branch of the company, as well as with any joint venture partners or affiliate marketers, should we deem it necessary to share such information. We will always take all reasonable measures to protect and safeguard your information.
By collecting and using your personal data, We are acting as a data controller, meaning we determine what information is collected, how long it is stored, and what the Personal Information will be used for. We utilize a third-party company to act as a data processor, which stores information such as names and email addresses that make up our email list. To the best of our ability, we have researched and concluded that all third party data processors we use have advised us they are compliant with the General Data Protection Regulations as well.
Information Protection & Security
We use commercially reasonable methods to safeguard your personal data, including that which you provide to use, and that which we collect automatically, by using reasonable online security measures, and sharing your data with reputable third party vendors that are compliant with generally accepted security and safety measures. We utilize a Secure Sockets Layer (SSL) on our website in order to assist in the secure transfer of information; however, it can never be guaranteed. Should We become aware that a data breach has occurred, We will timely notify the necessary parties with as much information as we have available.
While our team does our best to protect the information we collect, and prevent any misuse, unauthorized access, or disclosure, you understand that we cannot be responsible should an unauthorized third party obtain access to our information, without our consent. Should our website be tampered with, you understand that your personal information may be accessed by these unauthorized parties. You agree that we are not responsible for any such actions, and acknowledge you will hold us harmless should your information become intercepted in this way without our knowledge, permission, or consent, which includes a release of any and all claims related to use of such information by such an unauthorized party.
We have determined it is not required to appoint a Data Protection Officer, as our core activities do not consist of processing operations that require regular and systematic monitoring of data subjects nor do we process sensitive categories of data on a large scale.
We will retain the minimum amount of Personal Information required of yours, including name, email address, and behavior tracking, as long as you elect to remain on our mailing list, and any additional Personal Information as long as it is needed in order to fulfil the purpose for which it was initially collected, such as completing a purchase. We will also retain and use collected information as necessary in order to comply with any legal obligations, resolve any disputes, or as otherwise reasonably determined. If at any point you elect to be removed from our database, your information will be deleted, and no longer retained.
Your Rights to Control Your Information
You have the right to update, edit, or delete your information from our database. You may “unsubscribe” from our list at any time, by clicking the “unsubscribe” button at the bottom of any email we send you from our list. Should you wish to request access to information that Holly Emmerson has about you, correct or edit any information, or unsubscribe from our email list, and/or remove or delete your information from our database, you also have the option to do so at any time, free of charge, by reaching out to us at:
Right of Access, Right to Rectification Right to Restriction of Processing, Right to Data Portability: You have the right to request information about how your data is being used, request a copy of the data we have, correct or edit data you initially provided us, restrict how we process your data in certain circumstances, receive your personal data in order to use it elsewhere. Please contact us at the above email address for more information.
Right to be Forgotten: You have the right to withdraw your consent to give us your Personal Information by clicking the “unsubscribe” link at the bottom of any email we send to you. Once unsubscribed, we will remove you from our list, and you should not receive any further emails from us, absent a technical glitch.
Third Party Links – Not Included Under This Policy
If we learn we have collected or received personal information from a minor under 18, we will delete this information, and/or attempt to obtain parental consent. If you have any reason to believe we may have unknowingly collected data from a minor, please let us know by sending us an email at [email protected]