TERMS AND CONDITIONS

Last Updated: 6th May 2022

All products, courses, and programs (collectively, “Digital Products”), you may find at www.echoandscribe.com (“Site”), are owned and operated by ECHO & SCRIBE L.L.C.  (“Company” “us”, or “we”), a Louisiana company with an address at: 1435 St. Roch Avenue, New Orleans, LA 70117. The term “you” or “your” refers to any Site visitor, user, or purchaser of Digital Products. By choosing to visit the Site, use, or purchase Digital Products you agree to be legally bound by these terms and conditions (“Terms”). If you have any questions about these Terms, please contact us at robyn@echoandscribe.com.

We reserve the right to revise these Terms from time to time with or without notice to you. It is your responsibility to review these Terms periodically. Your continued use of the Site and Digital Products will constitute your acknowledgment and acceptance of the modified Terms. If at any time you find these Terms to be unacceptable or if you do not agree to these Terms, please do not use this Site or the Digital Products. 

YOU AGREE THAT BY USING THE SITE AND THE DIGITAL PRODUCTS YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

1. Payment and Refund Policy

We provide a number of Digital Products at various price points on our Site. You agree to pay all fees associated with the Digital Products you purchase. It is the general policy of Company that all sales are final. 

You will be responsible for any additional expenses that may be incurred as it relates to the implementation of Digital Products. This Site does not process credit cards or take other payment processing information. Payment processing is handled through third-party services, such as Stripe. 

2. Intellectual Property Rights and Use

  • Ownership. For purposes of these Terms, “Content” is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other material that can be viewed by users on our Site or in conjunction with the Digital Products. You agree that all Content presented to you on this Site, the Digital Products, and the Content presented to you in conjunction with the Digital Products is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company (collectively “Company IP”). 

  • Limitations on Use. Except for a single copy made for personal use, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Company IP in any form or any means whatsoever. Any unauthorized use of Company IP violates our intellectual property interests and shall result in criminal and/or civil penalties. [Additionally, your unauthorized use of Company IP shall result in the immediate revocation of access to the Site and Digital Products. As well as denial of access to any and all Company products and offerings currently available or that may be later created.]

3. Disclaimers and Warranties 

This Site, Digital Products, Content, and related materials are provided for educational and informational purposes only. While we operate to the best of our ability and may reference certain results and outcomes on the Site, you understand and agree that we make no guarantee that your use of Digital Products, the Site, or any related materials will yield or guarantee you any specific results. You agree to not hold us liable for any results you may experience as a result of your use of the Site or Digital Products.  

YOU AGREE THAT THE SITE AND DIGITAL PRODUCTS ARE PROVIDED “AS IS”. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THERE ARE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. Limitation of Liability

Except as required by law, neither Company nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages, or losses arising directly or indirectly from the Site, Digital Products, Content or other aspect related thereto or in connection with these Terms. The maximum aggregate liability of Company for any claim in any way connected with, or arising from, these Terms, whether in contract, tort or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to Company under these Terms.

5. Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information as outlined below. You give your consent that all personal data that you may submit may be processed by Company in the manner and for the purposes described below. 

Types of Information We Collect. We collect two types of information about our customers and website visitors: Personally Identifiable Information (“PII”) and Aggregate Information.

  • Personally Identifiable Information:  This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Site, such as purchasing Digital Products, we may ask you to provide specific information about yourself. Examples of PII may include your first and last name, email address, mailing address (including zip code), telephone and facsimile numbers, and other identifying information. When ordering products or services on the Site, you may be asked to provide a credit card number. We will attempt to safeguard any credit card information shared on the Site, but cannot guarantee full security against hackers or any safeguards of other third-party processing entities such as Stripe or PayPal.

  • Aggregate Information:  This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol (“IP”) address.

How we use your Personal Data. We will only process your Personal Data, including sharing it with third parties, where (1) you have provided your consent which can be withdrawn at any time, (2) the processing is necessary for the performance of a contract to which you are a party, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) processing is necessary for the purposes of our legitimate commercial interests, except where such interests are overridden by your rights and interests. We may use Personal Data that you provide directly to us for the following purposes:

  • to carry out our obligations arising from any products, courses, programs or any other contracts entered into between you and us and to provide you with the information, products, and offerings that you request from us;

  • to organize any products, courses, and programs we will provide you with information, and other materials, relating to the content.

  • to provide our newsletter and other publications, provided you have given your consent;

  • To respond to your questions and provide related information regarding the products, courses, and programs;

  • to provide you with information about other products and services we offer that are similar to those that you have already purchased, provided you have not opted out of receiving that information.

  • To provide you, or permit selected third parties to provide you, with information about  products or services we feel may interest you, provided you have given your consent;

  • to transfer your information as part of a merger or sale of the business;

  • to notify you about changes to our services and/or products; and

  • to ensure that content from our Site is presented most effectively for you and your computer.

Information we collect about you. We will use Personal Data that we have collected about your use of our Site:

  • to administer our Site and for internal operations, including but not limited to  troubleshooting, data analysis, testing, research, statistical and survey purposes;

  • to improve our Site to ensure that content is presented most effectively for you and your computer; 

  • as part of our efforts to keep our Site safe and secure;

  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and

  • to make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.

Personal Data we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined Personal Data for the purposes set out above (depending on the types of information we receive).

When we share and who can access your Personal Data. We may share your Personal Data for the purposes described in this Notice with:

  • a member of our group,

  • partners, suppliers, and subcontractors, for the performance of obligations arising from any other contract we enter into with them or you or to provide you with the information, products, and services that you request from us.

  • Analytics and search engine providers that assist us in the improvement and optimization of our Site.

  • Trusted third-party companies and individuals to help us provide, analyze, and improve the Site and our services (including but not limited to data storage, maintenance services, database management, web analytics, and payment processing)

  • in the event that we sell or buy any business or assets, in which case we will disclose your Personal Data to the prospective seller or buyer of such business or assets

  • if Company or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets.

We will only transfer your Personal Data to trusted third parties who provide sufficient guarantees in respect to the technical and organizational security measures governing the processing to be carried out and who can demonstrate a commitment to compliance with those measures. 

Selling or renting your Personal Data. We will never sell or rent your Personal Data to third parties without your opt-in consent. 

Security. Although we use security measures to help protect your Personal Data against loss, misuse or unauthorized disclosure, we cannot guarantee the security of any and all information transmitted to us over the internet. All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using Secure Sockets Layer (“SSL”) technology. 

Transfer of Personal Data outside of the European Economic Area (“EEA”) and international users. We are headquartered in the United States. Your Personal Data may be accessed by us or transferred to us in the United States or to our affiliates, partners, merchants, or service providers who are located worldwide. If you are visiting our Site from outside the United States, be aware that your information may be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated. By using our Service, you consent to any transfer of this information. 

How long we store your Personal Data. We will store your Personal Data, in a form that permits us to identify you, for no longer than is necessary for the purpose for which the Personal Data is processed. We may retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. Consistent with these requirements, we will try to delete your Personal Data quickly upon request. 

Retention. We will retain your information for as long as your account is active or as needed to provide you with our Site and its features. If you wish to cancel your account or request that we no longer use your information to provide you service, contact us at robyn@echoandsccribe.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We maintain one or more databases to store your Personal Data and may keep such information indefinitely. 

Where we store your personal data. The Personal Data that you provide to us is generally stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that once your Personal Data is submitted through our Site, it will be transferred to our servers in the United States and that the United States currently does not have uniform data protection laws in place 

Links to third party sites and services. Our Sites may contain links to third-party websites, applications, and services not operated by us. These links are provided as a service and do not imply any endorsement by us of the activities or content of these sites, applications, or services nor any association with their operators. Company is not responsible for the privacy policies or practices of any third party including websites or services directly linked to our Service. We encourage you to review the privacy policies of any third-party site that you link from our Service. 

Your rights for correction and removal. If any of the information that we have about you is incorrect, or you wish to have information (including Personal Data) removed from our records, you may do so by contacting us at robyn@echoandsccribe.com. 

Opting out. Additionally, if you prefer not to receive marketing messages from us, please let us know by clicking on the unsubscribe link within any marketing message that you receive, by sending a message to us at robyn@echoandsccribe.com. 

Your European rights. FOR EUROPEAN RESIDENTS ONLY. You have the right to ask us not to process your Personal Data for marketing purposes. We will usually inform you (before collecting your Personal Data) if we intend to use your Personal Data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to opt-in or opt-out of such processing by checking certain boxes on the forms we use to collect your Personal Data. You can also exercise the right by contacting us using the Contact Us section on our Site. Under European data protection law, in certain circumstances, you have the right to: 

Request access to your Personal Data. You may have the right to request access to any Personal Data we hold about you as well as related information, including the purposes for processing the Personal Data, the recipients or categories of recipients with whom the Personal Data has been shared, where possible, the period for which the Personal Data will be stored, the source of the Personal Data, and the existence of any automated decision making. 

Request correction of your Personal Data. You may have the right to obtain without undue delay the rectification of any inaccurate Personal Data we hold about you. 

Request erasure of your Personal Data. You may have the right to request that Personal Data held about you is deleted. 

Object to processing of your Personal Data. You may have the right to prevent the processing of your Personal Data. 

Request restriction of processing your Personal Data. You may have the right to restrict the processing of your Personal Data.  

Request transfer of your Personal Data. You may have the right to request the transfer of Personal Data directly to a third party where this is technically feasible. 

Withdraw your consent. In addition, where you believe that Company has not complied with its obligations under this Notice or European law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office. You can exercise any of these rights by contacting us using the Contact Us section on our Site. 

Your Californian rights. FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Data with third parties. If you reside in California and have provided your Personal Data, you may request information about our disclosures of certain categories of Personal data to third parties for direct marketing purposes. Such requests must be submitted to us at the following address: 1435 St. Roch Avenue, New Orleans, Louisiana, 70117

Changes to this Notice If we make any material changes to this Notice or the way we use, share or collect personal Data, we will notify you by revising the “Effective Date” at the top of this Notice, prominently posting an announcement of the changes on our Site, or sending an email to the email address you most recently provided us (unless we do not have such an email address) prior to the new policy taking effect. Any changes we make to this Notice in the future will be posted on this page and, where appropriate, a notification sent to you by email. Please check back frequently to see any updates or changes to this Notice.

6. Miscellaneous Provisions

International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site, including Digital Products, are appropriate or available for use in locations outside the United States of America. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States of America, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

Governing Law and Dispute Resolution. This Agreement shall be governed by the laws of the State of Louisiana Any and all disputes under this Agreement shall be resolved in the courts in the State of Louisiana, or by means of ADR (Alternative Dispute Resolution) as agreed on by the Parties.

Severability. In case anyone or more of the provisions contained in this Agreement, for any reason, is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.

Notice. Any notice required to be given under this Agreement must be in writing and delivered to the other designated party by email. All notices to Company should be sent via email to robyn@echoandscribe.com.

Independent Contractor Status.  The relationship between the Parties under this Agreement is that of independent contractors. No joint venture, franchise, partnership, employment agreement, or agency is created under this Agreement. 

Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.