TERMS OF USE - Strategy Call

By purchasing a strategy call, you (further referred to as “Client” or “You”) enter an agreement with Emily Rochotte ("Company") and you agree to the following terms:

1. SERVICE

TikTok Consulting Call is a 75 minute call held on Zoom or Google Meet in which the Company will review the Client's TikTok profile and required questionnaire submission. Company agrees to provide the content as promised on the TikTok Strategy Call checkout page. TikTok Strategy Call may hereinafter be referred to as the "Call." As a condition of participating in the Call you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

2. DISCLAIMER

Company's Privacy Policy is hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to the Call.

Client understands that purchasing the Call or reading any content on Company's website does not establish any relationship. All consultations are for general information purposes only. Client understands that no results are guaranteed as a result of the information acquired or executed as a result of the Call.

Client understands that Company has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, social media management, content creation, development, editing or scheduling; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Company’s network of contacts, media partners or business partners. *Client understands that a relationship does not exist between the parties after the conclusion of this Call. If the Parties wish to continue their relationship, they shall execute a separate agreement.

3. FEES & PAYMENT

In consideration for your access to the Call, you agree to pay the price associated with that Call. Client hereby authorizes the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

4. REFUND POLICY

Company has a strict no refund policy on the Call. Client understands and agrees to this.

5. CANCELLATION

Client may cancel their Call at anytime. Client understands that no refund is available if Call is canceled. Should the client need to reschedule they can contact hello@emilyrochotte.com prior to their call. Failure to show for the Call without advanced notice will result in non-refundable cancellation.

6. TRANSFER OF INTELLECTUAL PROPERTY

All content in the Call and subsequent sales pages, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Your purchase of the Call does not result in a transfer of any intellectual property to You, and You agree to observe and abide by all copyright and other intellectual property protection. You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use of any of the Program content and resources. You hereby agree that you the Client will 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, shared in the Call.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if You violate the Company’s intellectual property rights, your access to future content from the Company will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees and are aware that Company may seek any relieve entitled to it under the law.

7. FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

8. INDEPENDENT CONTRACTOR

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with the scheduled 75 minute call, which provides education and information.

9. SEVERABILITY

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

10. LIABILITY

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Call and/or any information and resources contained in the Call. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

11. WARRANTY

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Call for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

12. ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

13. MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.

14. TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to future services with the Company and the related services or any portion thereof at any time, if You become disruptive to the Company or other Call participants, if You fail to follow the Call guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

15. INDEMNIFICAITON

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the information from Call and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

16. DISPUTE RESOLUTION

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Call. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the small claims courts that are geographically nearest to Mount Olive, New Jersey.

Last Updated: September 19, 2022

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