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The Legal Stuff

I know this is a not-so-exciting part of business, but it's important that we're on the same page.

Below, you'll find the Privacy Policy, Disclaimer, Affiliate Links Notice, and Terms of Service for the site.

Please contact me (or you can email erica@ericamidkiff.com directly) if you have any questions at all.

Thank you for taking the time to read this! I hope you have a beautiful day.


Privacy Policy


BY VISITING ericamidkiff.com, YOU ARE CONSENTING TO OUR PRIVACY POLICY.

OVERVIEW

Dearingford, LLC is committed to protecting your privacy online.

This Privacy Policy describes the personal information we collect through this website at ericamidkiff.com (the “Site”), and how we collect and use that information.

The terms “we,” “us,” and “our” refers to Dearingford, LLC. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address.

Ericamidkiff.com provides a blog where users may read articles on content creation, voice, business, and more; a newsletter where users may read articles on content creation, voice, business, and more; and a service where users may hire us to provide content coaching services and copy editing services (the “Service”).

Use of ericamidkiff.com, including all materials presented herein and all online services provided by Dearingford, LLC, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

INFORMATION WE COLLECT

 This Site only collects the personal information you voluntarily provide to us, which may include:

• First and last name and email address (with the option to add your website address later), collected when you sign up for our newsletter. This is used to send periodic emails. You can unsubscribe at any time by emailing erica@ericamidkiff.com.

• First and last name, email address, your website address, a subject line, and your message, collected when you contact us to discuss working together or to ask a question. This is used to communicate with you, manage the prospect or customer relationship, and send any appropriate invoices, contracts, and similar business-related documents.

We do share your information with trusted third parties (Squarespace, MailChimp, Adobe EchoSign, Basecamp, Harvest, and Daylite), who assists us in operating our website, conducting our business, and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.

ACTIVITY

We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.

COOKIES

We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. 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 have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.

We use Squarespace for our website, and as far as Do Not Track signals go, Squarespace sites use information, which does not identify individual users, to analyze trends, to administer websites, to track users' movements around websites, and to gather demographic information about our user base as a whole. Squarespace sites do not link this automatically-collected data to personally identifiable information. So to the best of my knowledge, Squarespace does not currently support recognition of Do Not Track protocol. Users of this site should anticipate that data regarding their visit to this site is collected and used in the aggregate as mentioned earlier in this paragraph.

THIRD PARTY LINKS

The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

SECURITY

We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

CHILDREN

To access or use the Site, you must be 18 years old or older and have the requisite power and authority to enter into this Privacy Policy. Children under the age of 18 are prohibited from using the Site.

UPDATING YOUR INFORMATION

You may access and correct your personal information and privacy preferences bycontacting us via email at erica@ericamidkiff.com.

CHANGES TO THIS POLICY

You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this privacy policy by posting those changes on this page.

CONTACT

If you have questions about our privacy policy, please email us at erica@ericamidkiff.com.

Updated: January 2015

 

Disclaimer


Thanks for visiting! The blog and newsletter are a resource guide for educational and informational purposes. They are not a substitute for working with a business consultant, writing coach, therapist, life coach, copywriter, copy editor, or other appropriate professional. I cannot guarantee the outcome of following the recommendations provided, and any statements made regarding the potential outcome are expressions of opinion only. I make no guarantees about the information and recommendations provided herein. By continuing to use, read, and participate in this blog and newsletter, you acknowledge that I cannot guarantee any particular results, as such outcomes that are based on subjective factors that are not within my control. Therefore, following any information or recommendations provided on this blog and newsletter is at your own risk. If you need professional advice, you should hire a business consultant, writing coach, therapist, life coach, copywriter, copy editor, or other appropriate professional.

Affiliate Links: Some of the links contained on this blog are affiliate links. This means that I may receive a commission if you click on the link and make a purchase from the affiliate. I only recommend products and services that I know or trust to be of high quality, whether an affiliate relationship is in place or not.

 


Affiliate Links

Some of the links contained on this blog are affiliate links. This means that I may receive a commission if you click on the link and make a purchase from the affiliate. I only recommend products and services that I know or trust to be of high quality, whether an affiliate relationship is in place or not.

 

Terms of Service


1. General:

The website www.ericamidkiff.com (the “Site”) is owned and operated by Dearingford, LLC d/b/a Erica Midkiff Content Coaching (“Dearingford” or “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to Programs and Services available through the Site or from Erica Midkiff. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

These Terms of Service are effective as of February 15, 2017. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

2. Intellectual Property:

The Site and the program you have purchased through the Site are created and owned by Dearingford and are protected by applicable copyright, trademark, and other intellectual property laws. Erica Midkiff Content Coaching, Clarity + Consistency, Content Freedom, and the names of any and all programs offered through the Site are trademarks of Dearingford. Any trademarks used on this site that are the marks of third parties are used with permission.

Our Limited License to You. Any and all programs, trainings, and materials (the “Program”) available through the Site are protected by copyright law and provided solely for your personal, noncommercial use. You may not use the Program in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or otherwise explicitly authorized by Dearingford, LLC, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program.

You may, however, from time to time, download and/or print one copy of individual pages of the Site and/or any materials from the Program you have purchased through the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

You further agree not to infringe on the copyright, patent, trademark, trade secret or other intellectual property rights of Dearingford or any other purchaser of or contributor to the Program.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

3. Confidentiality:

Dearingford will keep confidential all confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") that you share or provide through participating in the Program and/or interacting with the Site. 

By participating in the Program, You agree to keep confidential any and all Confidential Information shared by Program participants, Dearingford or any of its representatives and affiliates and not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions. 

While you are free to discuss your personal results from the Program, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence. 

If you violate, or display any likelihood of violating, the terms of this paragraph, Dearingford may expel you from participation in the Program, the Site and any future Programs offered through the Site. Furthermore, if you violate the terms of Section 3 of this Terms of Service, you agree that Dearingford or any participant in the Program, the confidentiality of which you have breached, will suffer irreparable harm and shall be entitled to injunctive relief. 

4. Payment Policy:                 

To enroll in the Program, payment is due in full.

5. Refund Policy:

Self-Paced Program. You may, within 15 days of purchase or 15 days of the start of a self-paced Program (whichever is later), request a refund of your entire investment in a self-paced Program purchased through this Site by emailing (erica@ericamidkiff.com), and we will refund your entire investment in exchange for your constructive feedback on how the Program could improve to meet your expectation. 

Group Coaching. Your investment in the group coaching level of the Program is non-refundable.

One-on-One Coaching. Your investment in the one-on-one coaching level of the Program is non-refundable.

6. Cancellation Policy:

You may cancel and reschedule a one-on-one coaching session up to 24 hours prior to the scheduled session without penalty. Sessions cancelled and rescheduled with less than 24 hours notice shall incur a cancellation fee of $150. Group coaching sessions to which you are unable to attend are forfeited.

7. Participant-Provided Content

The Program may include a group on Facebook, a private blog, or other forum, which allows participants to communicate with each other (the “Forum”). Your participation in the Forum and the content you upload to the Forum are at all times subject to any and all of the Forum’s Terms of Service. By purchasing and participating in the Program, you agree to make the Forum a safe, respective and constructive space for all Program participants. If you violate the terms of this paragraph, Dearingford may expel you from participation in the Program, the Site and any future Programs offered through the Site.

Right to Remove or Alter Content. Dearingford expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in the Forum by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Forum. The opinions expressed in the Forum are solely the opinions of the participants, and do not reflect the opinions of Dearingford.

Right to Monitor. Dearingford has no obligation whatsoever to monitor any of the content or postings on the Forum but has the right to monitor the same at our sole discretion.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND DEARINGFORD MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

9. Disclaimers:

Disclaimer of Endorsement of Third-Party Providers. Throughout the Site or in the Program, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. You release Dearingford from any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, incurred as the result of your relationship with such third-party sites and the information, products are services offered through such third-party sites.

Disclaimer of Earnings Statements. When addressing financial matters in any of our Sites, videos, newsletters or other content, we've taken every effort to ensure we accurately represent our programs and their ability to grow your business and improve your life. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations. Nothing on our Site or in the Program is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon multiple factors including but not limited to your skill, knowledge, ability, dedication, business savvy, network, and financial situation. Because these factors differ according to individuals, we cannot and do not, guarantee your success, income or ability to earn revenue. Any forward-looking statements outlined on our Site are simply our opinion and thus are not guarantees or promises for actual performance. By law we make no guarantees that you will achieve any results from the ideas or the models presented on our Site and in the Program, and we provide no professional legal, medical, psychological or financial advice of any kind.

You acknowledge and agree that no representation has been made by Dearingford or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in the Program.

10. Choice of Law

These Terms of Service shall be governed by and construed in accordance with the laws of the state of Alabama and any dispute shall be subject to binding arbitration in Birmingham, Alabama.

11. Severability

If any provision of these Terms of Services shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.


Photo by Emma of W&E Photographie