As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that
you are solely responsible for any and all content posted, uploaded, emailed, transmitted or
otherwise made available by way of the Emerged Retail Services, and as such, we do not
guarantee the accuracy, integrity or quality of such content. It is expressly understood that by
use of our Services, you may be exposed to content including, but not limited to, any errors or
omissions in any content posted, and/or any loss or damage of any kind incurred as a result of
the use of any content posted, emailed, transmitted or otherwise made available by Emerged
Retail.
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that
you are solely responsible for any and all content posted, uploaded, emailed, transmitted or
otherwise made available by way of the Emerged Retail Services, and as such, we do not
guarantee the accuracy, integrity or quality of such content. It is expressly understood that by
use of our Services, you may be exposed to content including, but not limited to, any errors or
omissions in any content posted, and/or any loss or damage of any kind incurred as a result of
the use of any content posted, emailed, transmitted or otherwise made available by Emerged
Retail.
Either Emerged Retail With Darlene Y Mitchell or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are not responsible for
the availability of any such external sites or resources, and as such, we do not endorse nor are
we responsible or liable for any content, products, advertising or any other materials, on or
available from such third-party sites or resources. Furthermore, you acknowledge and agree
that Emerged Retail With Darlene Y Mitchell shall not be responsible or liable, directly or
indirectly, for any such damage or loss which may be a result of, caused or allegedly to be
caused by or in connection with the use of or the reliance on any such content, goods or
Services made available on or through any such site or resource.
You herein acknowledge, understand and agree that all of the Emerged Retail With Darlene Y
Mitchell trademarks, copyright, trade name, service marks, and other Emerged Retail With
Darlene Y Mitchell logos and any brand features, and/or product and service names are
trademarks and as such, are and shall remain the property of Emerged Retail With Darlene Y
Mitchell. You herein agree not to display and/or use in any manner the Emerged Retail With
Darlene Y Mitchell logo or marks without obtaining Emerged Retail With Darlene Y
Mitchell's prior written consent.
Emerged Retail With Darlene Y Mitchell will always respect the intellectual property of
others, and we ask that all of our users do the same. With regards to appropriate circumstances
and at its sole discretion, Emerged Retail With Darlene Y Mitchell may disable and/or
terminate the accounts of any user who violates our Terms and/or infringes the rights of others.
If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been otherwise violated,
you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf
of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe
has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon
your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright
or intellectual property owner's behalf.
The Emerged Retail With Darlene Y Mitchell agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
Mailing Address:
Emerged Retail With Darlene Y Mitchell
Attn: Copyright Agent
391 Las Colinas Blvd E, Ste 130 - 2029
Irving, Texas 75039-6291
Email: Darlene@DarleneYMitchell.com
This Agreement constitutes the entire agreement between you and Emerged Retail With
Darlene Y Mitchell and shall govern the use of our Services, superseding any prior version of
this Agreement between you and us with respect to Emerged Retail With Darlene Y Mitchell
Services. You may also be subject to additional terms and conditions that may apply when you
use or purchase certain other Emerged Retail With Darlene Y Mitchell Services, affiliate
Services, third-party content or third-party software.
You do hereby acknowledge and agree that Emerged Retail With Darlene Y Mitchell's
Services and any essential software that may be used in connection with our Services
("Software") shall contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein acknowledge and agree
that any Content which may be contained in any advertisements or information presented by
and through our Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by Emerged Retail With Darlene Y Mitchell or such applicable
licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast,
publicly perform and/or created any plagiaristic works which are based on Emerged Retail
With Darlene Y Mitchell Services (e.g. Content or Software), in whole or part.
Emerged Retail With Darlene Y Mitchell hereby grants you a personal, non-transferable and
non-exclusive right and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest
in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree
not to alter or change the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt
to access our Services through any means other than through the interface which is provided
by Emerged Retail With Darlene Y Mitchell for use in accessing our Services.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor
exploit for any commercial reason any part, use of, or access to Emerged Retail's sites.
Emerged Retail With Darlene Y Mitchell reserves the right at any time it may deem fit, to
modify, alter and or discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable to you or to any
third party for any such alteration, modification, suspension and/or discontinuance of our
Services, or any part thereof.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF EMERGED RETAIL WITH DARLENE Y MITCHELL SERVICES
AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND
SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. EMERGED RETAIL WITH DARLENE Y MITCHELL AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF
ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) EMERGED RETAIL WITH DARLENE Y MITCHELL AND OUR
SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) EMERGED RETAIL
WITH DARLENE Y MITCHELL SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) EMERGED RETAIL WITH DARLENE Y
MITCHELL SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE EMERGED RETAIL WITH DARLENE Y
MITCHELL SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR
OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF EMERGED RETAIL WITH DARLENE Y
MITCHELL SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR
COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR
ORAL, THAT MAY BE OBTAINED BY YOU FROM EMERGED RETAIL WITH
DARLENE Y MITCHELL OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME
DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A
COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN
CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR
UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO
HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EMERGED
RETAIL WITH DARLENE Y MITCHELL AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE
MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR
SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release Emerged Retail With Darlene Y Mitchell
(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders,
partners and any other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected or unsuspected,
disclosed and undisclosed, arising out of or in any way connected to such dispute.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the services provided, use of the services, or access to the services or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found on
the Site/Services. Emerged Retail content is not for resale. Use of the Site/services does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Emerged Retail and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of Emerged Retail or our licensors except as
expressly authorized by these Terms.
By agreeing to these Terms, you represent that you are at least the age of majority in your state
or province of residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor dependents to use
this Site. Children under the age of 18 are prohibited from using the Site.
You may not use our products or for any illegal or unauthorized purpose nor may you, in
the use of our Site and/or Service, violate any laws in your jurisdiction (including but not limited
to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your
account and right to use our Service.
Our services will be delivered via strategy documents in e-mail, virtual meeting, phone and/or in-person.
There are no refunds once the service has been completed. You may discontinue the retainer with 30-day notice after 6 months of service as covered in our service contract.
You agree to not dispute any charges at any time. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You are responsible for any fees, including attorney fees, associated with recouping payment on disputes and any collection fees associated with such an event. We reserve the right to forward any payment disputes to a collection agency.
By completing your purchase, you are consenting to these terms and conditions.
The Site (https://emerged-retail.com/) is operated by Emerged Retail. Throughout the Site, the
terms "we", "us" and "our" refer to Emerged Retail. Emerged Retail offers this Site, including
all information, tools and services available from this Site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our "Service" and
agree to be bound by the following terms and conditions.
These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our site/services. By accessing or using any part of the site/service, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the site or use any service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current site shall also be subject to the
Terms. You can review the most current version of the Terms at any time on this page. We
reserve the right to update, change or replace any part of these Terms by posting updates and/
or changes to our Site. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the Site following the posting of any changes constitutes
acceptance of those changes.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR
PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND
CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement
between you and Emerged Retail With Darlene Y Mitchell (hereinafter "Emerged Retail").
This Agreement annuls and voids all previous agreements.