Terms & Conditions

Terms & Conditions for the Online Sale of Goods and Services on This Site

THIS PAGE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM MY WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ESLEARNING LLC, DBA HEY ERIN PAYNE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.HeyErinPayne.com (the "Site") pages and accounts on Twitter®, Facebook®, LinkedIn®, Instagram®, TikTok®, Pinterest®, Etsy®, and YouTube® (the “Sites). Please read both these Terms, my Terms of Use, and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

I. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Hey Erin Payne and you will not take place unless and until you have received your order confirmation e-mail. 

II. Prices and Payment Terms

(A) All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(B) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Stripe payments, Visa, MasterCard, American Express, Discover,  Diner's Club, JCB, Afterpay or Clearpay, and Apple Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

III. Shipments; Delivery; Title and Risk of Loss

(A) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

(B) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments, nor are we required to refund orders lost in the mail. However, if an item is not delivered by the carrier, you must notify us within 30 days of the originally scheduled delivery date. Any decision regarding whether or not to replace a lost item is within our sole discretion, upon timely notice. 

IV. Returns and Refunds of Physical Products

All refunds are in our sole and exclusive discretion. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days and provided such products are returned in their original condition. To return products, you must e-mail us at support@heyerinpayne.com. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment, meaning if an item is not delivered back to us, you will not be refunded. Refunds are processed within approximately 7 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE WILL NOT OFFER REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE OR NONREFUNDABLE.

V. Returns and Refunds of Digital Products

We want you to be fully satisfied with every purchase you make from us. However, no refunds are offered in regards to digital products since they are delivered automatically online. So, please review the details available for each product prior to purchase to ensure it meets your needs.

We cannot issue refunds for products that have already been sent to the customer, even if they have not yet been downloaded or used. We also cannot offer exchanges or store credit. Once an order is placed, it is a final sale. If a genuine technical error on our end causes you not to receive your purchased item, please contact us immediately at support@heyerinpayne.com for assistance. By purchasing from us, you agree that all sales of digital products are final, and no refunds, exchanges, or partial refunds will be provided once the files have been sent, regardless of usage or other circumstances.

VI. Intellectual Property Use and Ownership.

Intellectual property: All the content included on the Website, including, but not limited to, images, code, illustrations, text, fonts, scripts, graphics, audio clips, video clips, documentation, and other interactive features made available to you on the Website, logos, trademarks, and service marks contained herein, are owned by Hey Erin Payne or its licensors. Other service marks, logos, and names on this Website are the property of their respective owners. Any use of the Website or the contents made available to you through the Website other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. 

Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Hey Erin Payne at any time without notice and with or without cause. Despite the foregoing, we make no claim to the trademarks, copyrights, patents, or other intellectual property contained in certain third-party features, which are entirely the property of its owner, assignees, and licensees.

You acknowledge and agree that:

(A) Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.

(B) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.

(C) ESLEARNING LLC, DBA Hey Erin Payne, is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.

VII. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

VIII. Feedback and Comments

You may voluntarily post, submit, or otherwise communicate any questions, comments, suggestions, ideas, original or creative materials, or other information about Hey Erin Payne or our Services on our website or our social media pages (collectively, "Feedback"). You understand that we may use such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve our Services by using the feedback at our sole discretion.

You understand that your feedback content shall be considered non-confidential and non-proprietary and that by posting, inputting, uploading, sharing, providing, or otherwise submitting any feedback content to our website, we will treat such feedback content as non-confidential. User hereby grants Hey Erin Payne, its affiliates, and marketing partners a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right, sublicensable (through multiple tiers), and transferable right and license to reproduce, use, publish, distribute, translate, reformat, transmit, display, modify, create derivative works of and otherwise commercially exploit (including but not limited to over the Internet, broadcast television or any other uses or media (including any or all existing and future social media platforms) such feedback, in whole or in part, including existing and future rights that Hey Erin Payne (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means, and forms of exploitation throughout the universe exploiting current or future technology yet to be developed in the future all content in connection with your access and use of the Hey Erin Payne Services.

User agrees that we may permit website users to share and post content on their own social media outlets.

IX. ADDITIONAL TERMS AND CONDITIONS

(A) GOVERNING LAW. The Parties have entered into this Agreement in the State of Florida and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Florida, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Florida, and that venue of any action will be located in the District Court of USA, Florida. 

(B) BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. 

(C) INDEMNIFICATION. To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement. 

(D) BINDING ARBITRATION.  ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF FLORIDA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.

(E) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

(F) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of ESLEARNING LLC’s intellectual property rights and confidential and proprietary information by you, ESLEARNING LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. ESLEARNING LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Brevard, Florida, United States of America for purposes of any such action by ESLEARNING LLC.

(G) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.

(H) NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing. 

(I) FORCE MAJEURE: Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Last modified November 22, 2024