Terms and Conditions

Effective March 6, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the website provided by Amy Leigh Mercree (“we,” “our,” or “us”). We operate the website located at amyleighmercree.com (“Site”).

By visiting or using the Site or purchasing any product or service available through the Site (“Service”), you engage in our Service and agree to be bound by these Terms. Please read these Terms carefully before accessing or using our Site. The Terms constitute a binding legal contract between you and us. Do not continue to use the Site if you do not agree to accept all of the Terms stated on this page.

IMPORTANT NOTICE: YOUR USE OF THIS SITE AND/OR APP AND PURCHASE OF OUR PRODUCTS ARE SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN THE SECTION OF THIS AGREEMENT TITLED “Dispute Resolution by Binding Arbitration and Class Action Waiver,” WHICH REQUIRES YOU TO ARBITRATE DISPUTES WITH US ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT AS EXPLAINED IN THE SECTION REFERENCED HEREIN.

Services and Site Usage
Subscriptions
Modifications to the Services and Prices
Payment
Accounts
Refunds and Cancellations
Your Content
Proprietary Rights
Indemnity
Disclaimer of Warranties; Limitations of Liability
Dispute Resolution by Binding Arbitration and Class Action Waiver
Privacy
Digital Millennium Copyright Act (DMCA)
Links to Third-Party Websites
Consent to Receive Text Messages
Notice to Florida Residents
Miscellaneous

1. Services and Site Usage

We grant you a non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms and any conditions or restrictions associated with the particular services or features of our Site. By using the Site or purchasing a Service, you represent and warrant that you are at least the age of majority in your state or province of residence, and you agree that you shall not: (a) use any Services available on or through the Site for any (i) illegal or unauthorized purpose, or (ii) in any manner that is harmful, deceptive, threatening, abusive, harassing, tortious, obscene, libelous, or otherwise objectionable in our sole discretion; (b) violate any laws in your jurisdiction or the rights of us or any third party; (c) use the Site in connection with any products or services not supplied or provided by us or otherwise approved by us in writing; (d) remove any proprietary notices, labels, or marks on the Site; (e) attempt to derive any source code or underlying ideas or algorithms of any part of the Site; or (f) transmit any worms or viruses or any code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or Site or any contact on the Site through which the Service is provided, without express written permission by us. A breach or violation of any of the Terms will result in an immediate termination of your Services and access to the Site.

2. Subscriptions

Certain Products may be offered on a subscription basis. If you purchase a subscription, you will continue to be billed on a recurring basis, and your selected Products will automatically be provided at the price and frequency you choose at the time of your purchase unless and until you change or cancel your subscription on our website or by emailing us admin@amyleighmercree.com. Your account will be charged for your initial purchase, along with all applicable fees, using the payment method provided or selected by you at the time of purchase or otherwise provided in your account. Some Products may include a free trial period that will convert into automatic, recurring payments after the trial ends. If you cancel within the free trial period, you will not be charged.

We reserve the right to adjust our subscription offerings, including prices, at any time in our sole discretion; however, we will provide you with advance notice of any price changes. Your continued use of the Products after such notice constitutes your acceptance of the new pricing unless you cancel your subscription in accordance with these Terms. We may, in our sole discretion, terminate your subscription at any time without notice. If we do so, you will no longer be charged for future recurring subscription fees. We may also suspend, modify, or cancel any subscription offering at any time without notice.

3. Modifications to the Services and Prices

We reserve all rights, at any time, to change, suspend, or discontinue any aspect of the Service, including the availability of any feature or content. We may terminate your license to use the Service, in whole or in part, without providing any refund, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service, the Site, or any products or services offered.

4. Payment

You may purchase licenses to certain Services through a one-time payment or in recurring installments, as specified on the Site. When you make a purchase, you authorize us to charge the payment method you provide on a one-time or recurring basis, depending on which payment plan you elect. You may be asked to provide certain information, including your name, email, phone number, payment information, billing address, and shipping address. By purchasing a Service, you represent and warrant that: (i) you have the legal right to use any payment method(s) used in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete. By submitting this information, you grant us the right to use and provide the information to third-party service providers, including payment processors, to facilitate your purchase. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed for non-personal uses, including suspected purchases by resellers or distributors.

5. Accounts

To use certain features of the Site, you may be required to register for an account with us (“Account”) and provide certain information about yourself. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information and update it in the event of changes; and (c) your use of the Site does not violate any applicable law, regulation, or these Terms.

You are responsible for maintaining the confidentiality of your Account login information. You are responsible for all activities associated with your Account, including but not limited to any purchases, use of the Site, or communications from your Account. You agree to immediately notify us at admin@amyleighmercree.com of any unauthorized use or suspected unauthorized use of your Account or any other security breach.

6. Refunds and Cancellations

Each of the Products sold by us on this Site has its own refund policy noted on the sales page and/or checkout page. If you have questions about a specific policy, please email us at admin@amyleighmercree.com before making a purchase. You may contact us about a refund or cancellation at our Site or by emailing admin@amyleighmercree.com.

If you receive a refund for a Product, you will have no further right to use that Product. We will have sole discretion in determining whether you meet the eligibility criteria for a refund. In the event of a refund request, we may treat such requests as requests to cancel, even if the refund is ultimately denied, unless otherwise instructed by you.

7. Your Content

We may provide opportunities for you to share content or materials (“Your Content”) through the Site, including commenting on blog posts, communicating with us directly, or participating in other forums. By submitting Your Content, you grant us and our affiliates a non-exclusive, perpetual, royalty-free, worldwide, assignable, and transferrable right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from, and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information, products, or services.

We have no obligation to: (1) to maintain Your Content in confidence; (2) to pay compensation for any of Your Content; (3) to respond to any of Your Content; (4) to use any of Your Content; or (5) to notify you of the use of any of Your Content

You agree that Your Content will not violate any law, regulation, or third-party rights (including copyright, trademark, privacy, or other proprietary rights). You further agree that Your Content will be truthful, honest, and reflect your own opinions. It must not be defamatory, unlawful, abusive, obscene, or contain any viruses or malware that could affect the Site’s functionality. You may not use a false email address, impersonate someone else, or mislead us or others about the origin of Your Content.

You are solely responsible for Your Content and its accuracy. We assume no liability for Your Content posted by you or any third party. We reserve the right (but are not obligated) to monitor, edit, or remove any content we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any law, regulation, third-party rights, or these Terms.

8. Proprietary Rights

We, or our licensors, exclusively own all rights, titles, and interests in and to this Site and all contents and materials contained therein. This includes, but is not limited to, all ideas, inventions, software code, developments, derivative works, upgrades, patches, formats, processes, images, trademarks, service marks, logos, and icons (collectively, “Intellectual Property”).

Except as expressly permitted in these Terms, you have no rights, licenses, or authorization to use any of the Intellectual Property. You may not challenge our ownership or do anything inconsistent with these rights, including disputing their validity. If you are ever deemed the owner of any Intellectual Property, you agree to immediately take all necessary steps to transfer, perfect, or confirm our rights.

We are not transferring or granting you any rights, title, interest, license, or permission in or to any Intellectual Property. ANY UNAUTHORIZED USE OF INTELLECTUAL PROPERTY MAY VIOLATE COPYRIGHT, TRADEMARK, PRIVACY, PUBLICITY LAWS, AND OTHER REGULATIONS, AND IS EXPRESSLY PROHIBITED. Trademarks owned by third parties remain the property of their respective owners.

9. Indemnity

You agree to indemnify, defend, and hold harmless us and our affiliates, along with our officers, directors, owners, agents, and licensors (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and costs, including attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising from Your Content, any violation of applicable laws or regulations, or any breach by you (or any user of your account) of these Terms or our Privacy Policy. You agree to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.

10. Disclaimer of Warranties; Limitations of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WHILE WE MAKE GOOD FAITH EFFORTS TO PROVIDE ACCURATE INFORMATION THROUGH OUR SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF SUCH ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE. HOWEVER, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR RESULTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE. THIS APPLIES TO ANY CLAIM RELATED TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF USING THE SERVICE OR ANY CONTENT (OR PRODUCT) MADE AVAILABLE THROUGH THE SERVICE, EVEN IF ADVISED OF SUCH POSSIBILITY.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. WE DO NOT GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES OR INFORMATION PROVIDED THROUGH OUR SERVICES. ALL INFORMATION PROVIDED IS FOR EDUCATIONAL PURPOSES ONLY AND INTENDED FOR A GENERAL AUDIENCE.

NO INFORMATION PROVIDED THROUGH OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL, PSYCHOLOGICAL, FINANCIAL, ACCOUNTING, LEGAL, OR OTHER PROFESSIONAL ADVICE. WE URGE YOU TO CONSULT A LICENSED PROFESSIONAL IF YOU REQUIRE SUCH ADVICE.

11. Dispute Resolution by Binding Arbitration and Class Action Waiver

You agree that any dispute, claim, or request for relief relating to your access or use of the Site/App, your purchase or use of any Products or Services sold or distributed through the Site/App (including any subscription arrangements), communications between you and us (including phone calls, emails, text messages, or other interactions), any aspect of your relationship with us, or this Agreement (including the enforceability of this arbitration provision) will be resolved by binding arbitration under the Federal Arbitration Act, rather than in court. However, you may assert claims in small claims court if they qualify.

Arbitration will be conducted through the American Arbitration Association (AAA) under its then-current Consumer Arbitration Rules and Consumer Due Process Protocol, available at: https://www.adr.org/consumer. Arbitration may be conducted via telephone, online, or based on written submissions, including affidavits, without requiring personal appearances by parties or witnesses, unless mutually agreed otherwise. The arbitrator’s decision will be final, and a court may enter judgment upon it. Each party will bear its own costs and attorneys’ fees unless the prevailing party is entitled to recover such costs under applicable law or arbitration rules. The arbitrator will determine the entire dispute, including the enforceability of this arbitration provision.

This arbitration provision will survive termination of this Agreement. Nothing in this section limits the relief available to either party in arbitration or small claims court, including equitable relief required by law. However, the following are not subject to arbitration and may only be resolved in the state or federal courts of Florida: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; or (iii) any legal action by us against a non-consumer.

CLASS ACTION WAIVER: YOU WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION. ALL CLAIMS MUST BE RESOLVED ON AN INDIVIDUAL BASIS, AND CANNOT BE LITIGATED OR ARBITRATED JOINTLY WITH OTHER USERS’ CLAIMS. IF A COURT DETERMINES THAT THIS CLASS ACTION WAIVER CANNOT BE ENFORCED FOR A PARTICULAR DISPUTE, THEN THAT DISPUTE MUST BE BROUGHT IN A DELAWARE COURT, NOT ARBITRATION.

This arbitration agreement is governed by the Federal Arbitration Act (FAA) and federal law, regardless of state laws that may impose additional restrictions on arbitration. In all other respects, Delaware law will govern, without applying conflict-of-law principles.

You have 30 days from your first visit to the Site/App, first purchase, or first submission of information through the Site/App to opt out of this arbitration provision and class action waiver by emailing admin@amyleighmercree.com. If you do not opt-out within this period, you waive your right to do so.

12. Privacy

Your submission of personal information through the Site/App is governed by our Privacy Policy, which is incorporated into these Terms. By using our Services, you consent to our collection and use of information as outlined in the Privacy Policy.

13. Digital Millennium Copyright Act (DMCA)

If you believe that any content within the Services infringes on your copyright, you may submit a DMCA notice by email to admin@amyleighmercree.com.

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

14. Links to Third-Party Websites

Our Services may contain links to third-party websites that we do not operate. We are not responsible for the content of these websites and assume no liability for any damages or issues arising from your use of them. If you have concerns, please contact the respective site administrator or webmaster.

15. Consent to Receive Text Messages

By subscribing to our text notifications, you agree to receive automated marketing text messages from us regarding our Products and Services at the phone number you provided when you subscribed. These messages may be sent using an automatic telephone dialing system or other technology. You also authorize us to include marketing content in any such messages. Opting in to receive text messages is not required as a condition of purchasing any Product or Service.

You can cancel the SMS service at any time by texting “STOP” to the short code. Once you send “STOP,” we will send you a confirmation message, and you will no longer receive SMS messages from us. If you wish to re-subscribe, you may sign up again as you did initially.

If you experience issues with the messaging program, reply with “HELP” for more assistance or visit our Site, App, or email us at admin@amyleighmercree.com.

Carriers are not responsible for delayed or undelivered messages.

Standard message and data rates may apply for messages sent to and from us. Message frequency varies. For questions regarding your text or data plan, please contact your wireless provider.

16. Notice to California Residents

With respect to any electronic commercial service offered on or through the Site/App, California residents are entitled to the following specific consumer rights information. The provider of the Site/App is Amy Leigh Mercree

To file a complaint regarding the Site/App, or to receive further information, send a letter to the attention of “Legal Department” at the above address or contact us via e-mail at admin@amyleighmercree.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.

17. Miscellaneous

If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms and Conditions are effective when you first access or use the Site/App and shall remain in full force unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us in writing.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions constitute the entire agreement and understanding between you and us and govern your use of the Service and purchase of Products, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any new features or tools which are added to the current Site/App shall also be subject to the Terms and Conditions.

You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions, and we shall provide notice to you of such changes either through this Site/App, through email at admin@amyleighmercree.com, or as otherwise provided.

Your continued use of this Site/App shall constitute your acceptance of any modified terms. It is your responsibility to check our Site/App periodically for changes.

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