Privacy, Terms of Service, Disclaimer, and Affiliate Links Notice

 

Privacy Policy

Your privacy is important to Dearingford, LLC.  Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

1. Who We Are

Dearingford, LLC (doing business as Erica Midkiff) collects, uses and is responsible for certain personal information about you.

2.  Children’s Online Privacy Protection Act

This website and any products and services offered herein are not intended for persons under the age of 18. Dearingford, LLC does not knowingly collect information from anyone under 18 years of age. Dearingford, LLC prohibits children under the age of 18 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. Dearingford, LLC will not knowingly collect personally identifiable information from children under 18. If Dearingford, LLC learns it has any information or content from anyone under the age of 18, it will delete that information.

3. The Personal Information We Collect and Use

3a.  Information Collected by Us

Dearingford, LLC may collect, use, and is responsible for certain personal information that you provide when you:

  • voluntarily sign up for newsletters and marketing e-mails,

  • sign up to receive free gifts,

  • order a service or product,

  • fill out any type of form, or otherwise contact Dearingford, LLC via an online form or e-mail.

The information collected may include:

  • your name,

  • your e-mail address,

  • your mailing address,

  • your phone number,

  • your message to us,

  • and/or your billing information.

You are not required to provide any personally identifiable information to merely access or visit this website. 

Ericamidkiff.com does not respond to Do Not Track signals from your browser.

Ericamidkiff.com may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to:

  • analyze website performance,

  • track user patterns,

  • save information from your previous visits, and

  • customize your experience.

We will ask for your consent to allow us to use cookies. Ericamidkiff.com or its third-party vendors may collect nonpersonal information through the use of these technologies. Nonpersonal information might include:

  • the browser you use,

  • the type of computer you use,

  • technical information about your means of connection to this website such as the operating systems and the Internet service providers utilized, and

  • other similar information.

Ericamidkiff.com’s systems may also automatically gather information about:

  • the areas you visit,

  • search terms you use on this website, and

  • the links you may select from within this website to other areas of the Internet.

If you are located in the European Economic Area (EEA), we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws.

3b.  How we use your personal information

Dearingford, LLC collects such information in order to:

  • send newsletters and marketing e-mails,

  • deliver free gifts,

  • fulfill orders,

  • complete customer transactions,

  • deliver services and products,

  • answer correspondence,

  • oversee contests and promotions,

  • and improve website performance and customer service.

3c.  Who We Share Your Personal Information With

Dearingford, LLC respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling customer or client transactions or for the basic functionality of an online service) without your consent.

We do, however, share your information with our third-party service providers:

  • MailChimp and FloDesk, our email newsletter and marketing email providers,

  • Stripe and PayPal, our payment processors,

  • Google, our email service and possible file-sharing service, and

  • Other third-party service providers we use include: Squarespace, Adobe Sign, Dropbox, Harvest, ToDoIst, Planoly, YNAB, Calendly, LinkTree, and LessAccounting.

This data sharing enables us to:

  • send newsletters and marketing e-mails,

  • deliver free gifts,

  • fulfill orders,

  • complete customer transactions,

  • deliver services and products,

  • answer correspondence,

  • oversee contests and promotions,

  • and improve website performance and customer service.

Those third-party recipients are based outside the European Economic Area—for further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA.

Dearingford, LLC may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations.

If you give Dearingford, LLC your permission, it may also use personal identification information for internal or external marketing and promotional purposes.

On occasion, Dearingford, LLC may collect personal identification information from you in connection with optional contests, special offers or promotions. Dearingford, LLC will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.

We will not share your personal information with any other third party.

3d.  Whether Information Has to Be Provided by You and Why

We do not require you to provide any personal data in order to merely access or visit this website. The provision of other personal data, such as your name, your e-mail address, your mailing address, your phone number, your message to us, and/or your billing information is requested only when required to enable us to send newsletters and marketing e-mails, deliver free gifts, fulfill orders, complete customer transactions, deliver services and products, answer correspondence, oversee contests and promotions, and improve website performance and customer service.

3e.  How Long Your Personal Information Will Be Kept

We will hold your personal information only as long as we need it for business, contractual, legal, accounting, and/or tax reasons.

3f.  Reasons We Can Collect and Use Your Personal Information

Dearingford, LLC collects and uses your personal information to further the following lawful bases:

  • Consent, our lawful basis for collecting and using your personal information when sending newsletters and marketing e-mails, delivering free gifts, improving website performance and customer service, overseeing contests and promotions, and answering correspondence.

  • Contract, our lawful basis for collecting and using your information when fulfilling orders, completing customer transactions, and delivering services and products.

4. Use and Transfer of Your Information Out of the EEA

This website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States.  If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.

These countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that such countries provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to relevant safeguards of the General Data Protection Regulation that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.

If you would like further information, see “How to contact us” below. We will not otherwise transfer your personal data outside of the EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

5.  Your Rights

If you want to unsubscribe from receiving e-mails from Dearingford, LLC, you may do so at any time. Each e-mail from Dearingford, LLC includes instructions for unsubscribing from these e-mail communications. You can also unsubscribe at any time by emailing erica@ericamidkiff.com.

If you are covered by the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:

  • Fair processing of information and transparency over how we use your use personal information

  • Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address

  • Require us to correct any mistakes in your information which we hold

  • Require the erasure of personal information concerning you in certain situations

  • Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations

  • Object at any time to processing of personal information concerning you for direct marketing

  • Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you

  • Object in certain other situations to our continued processing of your personal information

  • Otherwise restrict our processing of your personal information in certain circumstances

You may also have the right to claim compensation for damages caused by our breach of any data protection laws.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

If you would like to exercise any of those rights, please:

  • E-mail, call, or write to us,

  • Provide us enough information to identify you (your name and email address),

  • Provide us proof of your identity and address (a copy of your driver’s license or passport and a recent utility or credit card bill), and

  • Provide us with the information to which your request relates, including order number if applicable.

6. Keeping Your Personal Information Secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.

Please note that any comments or information that you post on the Dearingford, LLC website and on social media pages become public and third parties may use your information. Dearingford, LLC is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.

7. Links to Other Sites

You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties.  Any products or services reached through a third-party link are subject to separate privacy policies. Dearingford, LLC is not responsible for or liable for any content on or actions taken by such third-party websites.

8. How to Complain

We hope that we can resolve any question or concern you raise about our use of your information.

If you are covered by the General Data Protection Regulation, you may lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

9.  Changes to This Privacy Notice

This policy is effective as of May 24, 2018.  We may change, modify or update this Privacy Policy at any time and will notify you of any such changes by e-mail or postal mail.

10.  How to Contact Us

If you have any questions or concerns about this Privacy Policy, the information we hold about you, or you wish to change your personal information in our records, please contact:

Erica Midkiff, Owner of Dearingford, LLC
at erica@ericamidkiff.com or
PO Box 19612
Homewood, AL 35219.

11. Do You Need Extra Help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).

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.

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.