TERMS AND CONDITIONS
THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
The following terms (“Terms of Use”) constitute an agreement between Achievement Holdings, LLC (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the websites administered by Company located at https://lisannemurphy.com/ and https://www.adverthinkingmastery.com (collectively, the “Website”). Company, owner and operator of the Website, is a limited liability company formed under the laws of the state of Utah, United States.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms of Use. You should review the Terms of Use periodically to determine if any changes have been made.
PURCHASE POLICIES
On the Website, you may purchase products, such as downloadable checklists, courses and coaching programs as further described on the Website (“Products”).
Refund Policy
Refunds are not available for Products except as set forth below. Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.
Refunds are available for the Adver-thinking Mastery Product in accordance with the following terms. You are eligible for a refund for the amounts paid for the Adver-thinking Mastery Product if, within 14 days of purchase, you email Company to request a refund and provide proof that you have completed the first two modules, including all homework, and implemented all the lessons therein.
LICENSE FOR USE OF PRODUCTS
All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products. When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without the express written consent of the Company. All inquiries for use of Company intellectual property must be submitted to support@lisannemurphy.com. Company reserves the right to seek equitable and compensatory relief for any violation of this term.
GENERAL DISCLAIMER
Company has made every effort to ensure that all information on the Website and Products has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website or Products. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Company.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website or in the Products. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website or in the Products.
BUSINESS COACHING AND CONSULTING DISCLAIMER
We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website or in the Products has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website or in the Products. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website or in the Products. Everything provided on the Website and in the Products is for informational purposes only.
INCOME OR EARNINGS INFORMATION DISCLAIMER
Any statements related to income or earnings potential on the Website or in the Products are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Website or in the Products. The Website and Products are provided for informational purposes only.
YOUR RESPONSIBILITY
The Website and Products were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website and in the Products. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear on the Website or in the Products.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website and in the Products. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website or Products, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website or Products;
- Reproduction or duplication of any content on the Website or Products for commercial purposes;
- Modification of any content on the Website or Products, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website or Products, unless content is specifically and expressly made available for redistribution. Users are permitted to share Website content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.
You must not use the Website or Products in a way that causes, or may cause, damage to the Website or Products or impairs the availability of access to the Website or Products. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website or Products, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or Products to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website or Products without Company’s express written permission.
You must not use the Website or Products to transmit or send any unsolicited commercial communications.
You must not use the Website or Products for any third-party marketing without Company’s express written permission.
INTELLECTUAL PROPERTY
All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company’s intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied.
Certain of the names, logos, and other materials displayed on the Website and Products constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party’s ownership of Company IP.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website and Products are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
“Lisanne Murphy” and “Adver-Thinking Mastery” are trademarks of Company and are protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Achievement Holdings, LLC, https://lisannemurphy.com/,https://www.adverthinkingmastery.com/your-online-atm-a or the experts featured on the Website.
From time to time, the Website will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.
FTC DISCLOSURE
From time to time, the Website or Products may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placements. Pursuant to the FTC’s requirements, all such advertisements on the Website and Products are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website and Products are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
AFFILIATE MARKETING
From time to time, the Website or Products may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate, I earn from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sales.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website or Products. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website or Products, you represent that you have the right to grant these permissions for the use of such content by Website, Company and Company’s sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE AND PRODUCTS
Any content you contribute to the Website or Products, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website or Products; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website or Products. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
COMMENT POLICY
The Website and/or Products may offer the option for you to leave comments, engaging with the Website or Products posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or Company;
- spam;
- hate speech;
- defamatory to Company or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
You are, and shall remain, solely responsible for the any content you upload, submit, post, transmit, communicate, share, or exchange by means of the Website or Products and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE PRODUCTS OR WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS ON THE WEBSITE OR IN THE PRODUCTS. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER PARTICIPANTS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS PARTICIPANTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIPANT’S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.
You and any participant violating the Terms of Use may be immediately and permanently removed from the Website and/or Products, in Company’s sole discretion and no refund will be due to you in such case.
Any content posted in the Products or on the Website is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful content posted by participants, nor does it assume responsibility or liability that may arise from any content posted in the Products or on the Website, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.
Company reserves the right to report to the appropriate authority any post, comment, message or participant in the Products that Company deems, in its sole discretion, may implicate the safety of either a participant or a third-party.
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to support@lisannemurphy.com and we will remove the image within 24 to 48 hours.
COMMUNICATION
If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
THIRD PARTIES
The Website or Products may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website that relates to your use of the Website or Products. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.
CHILDREN’S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact Company immediately at support@lisannemurphy.com and we will use our best efforts to promptly remove such information from our records.
NO WARRANTIES
The Website and Products are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website or Products, or the information and materials provided therein.
Company makes no warranty the Website or Products will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website or Products. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or Products.The Website is written in English and Company makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE PRODUCTS OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the state of Utah without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Website, Products, Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Utah County, Utah. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Website, Products or Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
The Terms of Use may not be assigned by you without Company’s prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.
The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company.
The failure of Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Website or Company must be in writing and signed by an authorized representative of the Company.
All notices with respect to the Terms of Use must be in writing and may be via email to
support@lisannemurphy.com for Company and to your email address.
Last updated: October 8, 2021.