TERMS & CONDITIONS

BY VISITING CARMINWHARTON.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

OVERVIEW

The terms “we,” “us,” and “our” refer to Carmin Wharton International LLC and CarminWharton.com. The term the “Site” refers to CARMINWHARTON.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.

SERVICE

CARMINWHARTON.COM is a coaching website offering one-on-one and group coaching and online courses (the “Service”).

Use of CARMINWHARTON.COM, including all materials presented herein and all online services provided by CarminWharton.com, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Parties agree that the Service is in the nature of education. The scopes of services provided by CARMINWHARTON.COM according to this Agreement are limited to those listed on the CARMINWHARTON.COM website. CARMINWHARTON.COM reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to decorating and other information is subject to change.  CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COMmakes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. CarminWharton.com disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to CARMINWHARTON.COM will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning course delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

DURATION OF AGREEMENT

Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, site plugins, etc.). You agree and understand that no breach of contract action may be initiated against CarminWharton.com when there are reasonable delays in the access of the Service.

CARMINWHARTON.COM reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

If for any reason, CARMINWHARTON.COM should dissolve or cease to exist, then your access to the Service terminates.

CANCELLATIONS, REFUNDS & RETURNS

All sales are final and no refunds will be issued for events, digital products, physical products, courses, masterclasses, video trainings or coaching programs. Please read through all content prior to making your purchasing decision.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COM, including trademarks, copyrights, proprietary information, and other intellectual property. CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COM’S copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COM’S copyrighted materials shall remain the sole property of CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COM. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COM ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF CARMINWHARTON.COM HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COM’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COM, AND IF NO PURCHASE HAS BEEN MADE BY YOU CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COM’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $50.

THIRD PARTY RESOURCES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COM. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and sub-paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COM pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by CarminWharton.com shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by CARMIN WHARTON INTERNATIONAL LLC and CARMINWHARTON.COM.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Carmin Wharton

Carmin Wharton International, LLC, 3662 Boulder Road, Ellenwood, GA 30294

Email:  [email protected]

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and insure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, cannot be delegated or sub-licensed, or otherwise transferable by you. Any transfer, assignment, delegation, or sub-license by you is invalid.

Updated: November 2017