Terms of Service

OVERVIEW

 

The terms “we,” “us,” and “our” refer to Asharie Enterprises and any of its subsidiaries. The term “Site” refers to ashleysharie.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.

 

SERVICE

 

Ashley Sharie is an online education platform for creative entrepreneurs and small businesses. Ashley Sharie provides creative services, marketing services, online training, courses, coaching, live events, resources and other content relating to running, creating, launching, building, and or marketing a business (the “Service”).

 

Use of ashleysharie.com, including all materials presented herein and all online services provided by Ashley Sharie is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

 

Parties agree that the Service is in the nature of education. The scope of services provided by Ashley Sharie according to this Agreement are limited to those listed on ashleysharie.com website. Ashley Sharie reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

 

USE OF THE SITE AND SERVICE

 

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Ashley Sharie makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Ashley Sharie disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

 

ACCOUNT CREATION

 

In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Ashley Sharie will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

 

LAWFUL PURPOSES

 

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

 

REFUSAL OF SERVICE

 

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

 

ORDER CONFIRMATION

 

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

 

NON DISCLOSURE FOR 1:1 CLIENTS AND STUDENTS

 

1. Trade Secrets 

In the performance of the company's job duties with clients, the client will be exposed to Company’s Confidential Information. “Confidential Information” means information or material that is commercially valuable to Company and not generally known or readily ascertainable in the industry. This includes, but is not limited to:

 

(a) technical information concerning Company’s products and services, including product know-how, formulas, designs, devices, diagrams, software code, test results, processes, inventions, research projects and product development, technical memoranda and correspondence;

 

(b) information concerning Company’s business, including cost information, profits, sales information, accounting and unpublished financial information, business plans, markets and marketing methods, customer lists and customer information, purchasing techniques, supplier lists and supplier information and advertising strategies;

 

(c) information concerning Company’s employees, including salaries, strengths, weaknesses, and skills;

 

(d) information submitted by Company’s customers, suppliers, employees, consultants or co-venture partners with Company for study, evaluation or use; and

 

(e) any other information not generally known to the public which, if misused or disclosed, could reasonably be expected to adversely affect Company’s business.

 

2. Non Disclosure of Trade Secrets

The Client shall keep Company’s Confidential Information, whether or not prepared or developed by Client, in the strictest confidence. The Client will not disclose such information to anyone outside Company without Company’s prior written consent. Nor will the Client make use of any Confidential Information for Client’s own purposes or the benefit of anyone other than Company.

 

However, Client shall have no obligation to treat as confidential any information which:

 

(a) was in Client’s possession or known to Client, without an obligation to keep it confidential, before such information was disclosed to Client by Company;

 

(b) is or becomes public knowledge through a source other than Client and through no fault of Client, or

 

(c) is or becomes lawfully available to Client from a source other than Company.

 

3. Confidential Information of Others

The Client will not disclose to Company, use in Company’s business, or cause Company to use any trade secret of others.

 

4. Return of Materials

When Client's service with Company ends, for whatever reason, Client will promptly deliver to Company all originals and copies of all documents, records, software programs, media and other materials containing any Confidential Information. The Client will also return to Company all equipment, files, software programs and other personal property belonging to Company.

 

5. Confidentiality Obligation

Client’s obligation to maintain the confidentiality and security of Confidential Information remains even after Client's service with Company ends and continues for so long as such Confidential Information remains a trade secret.

 

DURATION OF AGREEMENT

 

Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Ashley Sharie when there are delays in the access of the Service.

 

Ashley Sharie reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but are not required to do so under the terms of this agreement.

 

Lifetime Access is for the lifetime of the Service. If for any reason, Ashley Sharie should dissolve or cease to exist, then your access to the Service terminates.

 

CANCELLATIONS, REFUNDS & RETURNS

 

You may cancel your service at any time, but no refunds will be made for any fees already paid. No monetary refunds will be issues on any products, events, retreats, workshops, or services purchased through Ashley Sharie, Asharie Enterprises, ashleysharie.com or any relevant partners regardless of reason. If you are on a payment plan for any products, workshops, live events, retreats or services purchased through Ashley Sharie, tracking of payments and trial period (if available) will be the responsibility of the user and are expected to be paid on time. In the case that an event or workshop needs to be rescheduled, no refunds will be made and your investment will go towards a new date that is effective immediately. We value your business and want you to be 100% satisfied with our products and services. If for any reason you have any questions or concerns with any of our products, please email hello@ashleysharie.com. Once you cancel a product or service, you will no longer have access to the Service, including all content and community resources.

 

To cancel a subscription at any time, please email hello@ashleysharie.com.

 

PRODUCT DESCRIPTION

 

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

 

MATERIAL YOU SUBMIT TO THE SITE

 

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

 

As a feature of the Service, Ashley Sharie may provide access to a community or social media platforms in conjunction with the Service. Ashley Sharie is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.

 

You agree that your use of these community and social media platforms is a privilege and Ashley Sharie may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Ashley Sharie will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Ashley Sharie is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Ashley Sharie brand and image integrity.

 

NON- DEFAMATION

 

You agree that you will not make any defamatory comments about Ashley Sharie or any of Ashley Sharie's Releases and you will not disrupt the Company's business in any manner. Nothing in this paragraph shall prohibit either you or Ashley Sharie from providing any information as may be required by law.

 

Each Party agrees to refrain from (and the Company shall take reasonable steps to cause its officers and directors to refrain from), either directly or indirectly, hereafter making any defamatory comments of any type or nature whatsoever to anyone about the other party (and in the case of the Company, its employees, officers, directors, agents, consultants, affiliates, investors or business partners).

 

OUR INTELLECTUAL PROPERTY

 

The Site and Service contain intellectual property owned by Ashley Sharie, Asharie Enterprises, and any subsidiaries including trademarks, copyrights, proprietary information, and other intellectual property. Ashley Sharie’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Ashley Sharie’s copyrighted materials shall remain the sole property of Ashley Sharie. No license to sell or distribute our materials is granted or implied.

 

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

 

CHANGED TERMS

 

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

 

LIMITATION OF LIABILITY

 

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ASHLEY SHARIE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ASHLEY SHARIE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ASHLEY SHARIE CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ASHLEY SHARIE, AND IF NO PURCHASE HAS BEEN MADE BY YOU ASHLEY SHARIE CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

 

THIRD PARTY RESOURCES

 

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Ashley Sharie. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

INDEMNIFICATION

 

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

EFFECT OF HEADINGS

 

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

ENTIRE AGREEMENT; WAIVER

 

This Agreement constitutes the entire agreement between you and Ashley Sharie pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Ashley Sharie shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Ashley Sharie.

 

NOTICES

 

All notices, requests, demands, and other communications under this Agreement shall be in an email to hello@ashleysharie.com

 

RECOVERY OF LITIGATION EXPENSES

 

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

SEVERABILITY

 

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

Updated: March 2022.