Terms & Conditions
Effective date: October 27, 2018
Empath Evolution, LLC. ("us", "we", or "our") operates the www.empathevolution.com website (the "Service").
Service Level Agreement, Customer Support and Terms of Response
Our standard response time for emails is within 24 to 48 hours or 1 to 2 business days, with exceptions for holidays and weekends. We do not offer 24×7 customer support and cannot guarantee a reply if request are not sent to our support mailbox, which is firstname.lastname@example.org.
These will be addressed on a case by case basis and we do not take responsibility for issues caused by customer actions that are beyond our control. We will make every attempt to ensure that the customer receives their purchase but cannot and will not assume responsibility for situations resulting from customer actions that directly interfere with how a purchase is completed or directly subvert the purchase process..
All commercial organizations, persons, or corporations claiming ownership to material that is the intellectual property, under copyright, and/or all published content of Michelle J. Howe and Empath Evolution, LLC shall be subject to legal and judicial process and all legal remedies shall be pursued, including damages, under state and federal law. It is illegal to copy someone’s work without permission, to trademark intellectual property that you did not create and do not own, and to claim ownership of any portion of content that is not your original work. We take copyright violation and theft of intellectual property very serious and pursue each case with immediate legal action that will include a Cease and Desist Notice, followed by filing documents for rederess that includes disgorgement of profits, penalties, damages, and Court costs.
You are expressly and specifically prohibited from sharing any print or digital media files with anyone, for any reason, posting them on any on-line site, including blogs or cloud-based environments, or otherwise distributing, sharing, or using them in any form whatsoever. The copy you purchase or have access to as part of a product, course, paid membership or free or paid program is for your personal use only and may not be shared or posted, as noted above, or used as part of a class, seminar, in any program, or with your clients. All file downloads are audited and monitored.
If you choose to disregard our download sharing policy and share these files you will be charged the full price of the program and/or download, or not less than $100USD, for every illegal file posting, share, or download, plus attorney fees and applicable Court Costs. We reserve the right to charge penalties based on the statutory limits as set by the Copyright Act, Title 17 of the US Code. We prosecute everyone who violates these policies to the fullest extent of the law.
All content on this website is Copyright (c) 2014-2019 by Empath Evolution. All rights reserved.
Royalty and Licensing Agreements
Should you be interested in utilizing any content that you find on this website or have accessed in a paid product, a Royalty and Licensing Agreement may be considered upon written request.
Mailing List Opt-In and Opt-Out
Our mailing list is achieved through opt-in only practices, this means that visitors must provide their name and email address by entering it into specified places on our website(s). We do not harvest or collect email addresses from other sources and the only way to be on one of our mailing lists is to have manually entered an email address in our sign-up boxes. Any opt-in based subscription is double opt-in, so users must confirm their email address by replying to a confirmation email. There is no other way to be added to our mailing lists.
All of our newsletters and mailings have an ‘opt-out’ link as part of the mailing, in fulfillment of the CAN SPAM and Electronic Privacy and Communications Acts. The user can automatically opt out of receiving further communications from us by clicking the ‘unsubscribe’ link at the bottom of every email. Or they can email us at email@example.com to be removed from our mailing list.
Client and Customer Responsibilities
As a provider of a wide range of services to a global audience we interact with a wide range of customers from all over the world. It is our intention to assist our customers and clients in achieving the results they want with our products and services but we cannot make any guarantees as to how they will use what they learn to create their own transformation.
While we provide an excellent range of services and products that we know are effective and the best in their class, we have expectations of our customers that we will work with. We reserve the right to terminate client and customer relationships when they violate our terms of service or become a liability to our business. These include, but are not limited to:
We expect customers to be honest and ethical in the use of our products, services, and website. Any attempt to defraud, misrepresent, or misuse our products, services, website, or content in any way will result in immediate legal action and blocking from our website. We do not tolerate abuse of any kind. Any customer who engages in abuse, insults, or actions that can are defined as defamatory, libelous, or slanderous according to their definition under US Law will be removed from any program or service and legal action will be implemented, when appropriate.
Customers who share program, course, or other materials with others, in violation of our download and file sharing policies, will be removed from the program without refund and will be prosecuted for copyright violation and theft of intellectual property. All of our content is proprietary and comprises significant business assets whose dilution results in the loss of profits and damage to our business.
Please read this policy carefully as it governs how Empath Evolution, LLC, addresses the issue of product returns, refunds, and credit card chargebacks. By accessing a purchase, downloading a file, or interacting with this website and completing a purchase you are legally agreeing to this refund policy and to abide by it. Refunds inquiries are manually processed and you will involve an administrative fee of $50 to process.
EMOTIONAL EMPOWERMENT SESSIONS: Refunds emotional empowerment sessions are not provided under any circumstances. There are no exceptions to this policy.
AWAKENING SESSIONS: If you wish to discontinue your installment obligation, please let us know and you will be reimbursement for the remaining pro-rated session less $50 administrative fee for manual processing of refunds.
ONLINE PROGRAMS:These include audio and .pdf files, as well as individual and group coaching options. Once a program page has been accessed by the user, he/she is considered as having participated in the program. Any refund, if considered, will be prorated to reflect file access and downloads, as well as private sessions as delivered in the package or bundle.
The full cost of the audio/pdf portion of the online program will be deducted from any refund, plus an administrative fee of not less than $50, at our discretion and depending on the amount of time and effort expended in processing client emails and the refund. We do not offer full refunds at the full price of any purchased programs.
BUNDLES PRODUCTS with SESSIONS: If you wish to discontinue your this obligation, please let us know and you will be reimbursement within our discretion based on the items contained in this package and it's pricing. We will use customary pricing for sessions pro-ration less $50 administrative fee for manual processing of refunds.
Your refund will be always be reduced by a minimum $50 administrative fee as refunds must be processed manually and involved a significant amount of administrative effort. Should the refund process require multiple emails, communication, and dealing with abusive client behavior, we reserve the right to charge a higher fee or refuse the refund altogether.<3h>Multiple refund requests: 3h>
Customers who request two or more refunds for products or services will be barred from further purchases on our website. If a customer schedules multiple coaching or intuitive sessions, then cancels and requests a refund, that customer will no longer be allowed to purchase sessions. Processing refunds requires administrative and manual input and multiple refunds indicates a lack of commitment in the customer and we cannot accommodate the abuse of our administrative staff. While extraordinary circumstances are taken into consideration, we treat multiple refund requests as being an abuse of our resources and, after issuing the refund as per our stated guidelines, will bar that customer from using our website and purchasing our products and services.
The charge that will appear on your credit card statement will be made to Empath Evolution If you place a chargeback with your credit card company (on purpose or by mistake) for any order including recurring orders that you placed and received, there will be a $75.00 research fee charged to your account upon receiving the chargeback by our merchant provider to cover our investigative expenses to prove that you did make the purchase. THERE ARE NO EXCEPTIONS TO THIS POLICY. If you do not remember making the purchase – call the number on your statement next to the charge BEFORE calling your bank or submit a support request at firstname.lastname@example.org.. You may call us at the number posted on our website if you have questions about your purchase.
Empath Evolution, LLC does not tolerate credit card fraud, and all fraud, without exception, will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking any loss of income related to the fraud, including business revenues, legal fees, research costs, employee down time and loss of revenues.
Empath Evolution, LLC considers credit card chargebacks to be fraud if you have made no reasonable effort to work with us to resolve any problems with your purchase. All chargebacks require extensive administrative time to process and take them away from our usual and customary matters of conducting normal business, as they are time intensive, therefore:
You agree that if you, the buyer, choose to do business with Empath Evolution, LLC and you file a chargeback with your credit card company, and you do not win the charge back argument, you agree to pay us $75 for our time spent responding to the credit card company to resolve this matter. We are obligated to respond to and resolve every chargeback.
You, the buyer authorize us to charge the amount of your purchase to your credit card. If this charge is rejected, Empath Evolution will pursue legal action to recoup losses for our time associated with responding to the charge back in addition to any other fees explained above. You agree to reimburse us or any representative we may appoint for any legal expenses your actions may make us incur. We take fraud seriously. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does not waive any other or subsequent breach.
In the event that you win the charge back with your credit card company, and have not submitted a ticket to our support site prior to issuing a chargeback, Empath Evolution will attempt to recover a research fee plus additional costs via a third-party collection agency and your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage your credit rating for at least the next seven (7) years.
Customers who initiate chargebacks are removed from our customer lists and blocked from further purchases from our websites. Any person who violates the terms and conditions of our business policies, as stated and defined here, are also removed from all customer and mailing lists and blocked from making further purchases on our websites.
Note: A customer must attempt to contact us via email or any existing ticket system before attempting a chargeback. THERE ARE NO EXCEPTIONS TO THIS POLICY!
None of our products or services is accompanied by any guarantee of results. We cannot guarantee results for any customer or client because that is entirely dependent on their level of commitment and desire for change. Any stated or posted testimonials for results have come from customers, students, and clients who have completed sessions, work, or programs with Michelle J. Howe and Empath Evolution and reported their unique, individual results. Under no circumstances do we guarantee or state that these results can be replicated by others. Transformation, success, and life changes require a high level of commitment, discipline, and desire and those are up to the individual to implement in their lives. Our services and products are not to be considered a replacement for mental or medical advice or services.
Empath Evolution, LLC, 9550 Sotherden Road, Brewerton, NY 13029