TERMS AND CONDITIONS
Last updated: September 6, 2024
The website, www.eboniadamsmonk.com and all other social media and websites owned or operated by Eboni Adams Monk (“Eboni”) are known as “our sites”, “site”, “our”, us”, “we” and “them” here.
BY ACCESSING THIS WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS (“TERMS”) OF THIS AGREEMENT WITHOUT RESERVATIONS., MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR CANNOT COMPLY WITH, THE POLICIES, AGREEEMENTS AND DISCLAIMERS, DO NOT USE THIS SITE. WE RESERVE THE RIGHT TO REFUSE TO PROVIDE ACCESS TO THIS SITE, OUR SERVICES, PRODUCTS OR INFORMATION TO ANYONE AT ANY TIME, FOR ANY REASON OR NO REASON.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. When we do make updates, we will also revise the “Last Updated” date at the top of these Terms of Use. Your continued use of this website service constitutes your agreement to these Terms of Use.
1. Use of Our Website
The purpose of this website is to provide content about Eboni Adams Monk, her ideas and products, allow you to sign up to receive information for which you request and pursue. Provided you abide by these Terms of Use, we grant you a limited, non-transferrable, non-exclusive, non-sublicensable license to access and use this Site for the purposes outlined in these Terms of Use.
Content including, but not limited to our services, courses, books, programs, blogs, opt-in services, books, webinars emails, articles, newsletters, and/or all other communications are provided to you for educational and informational purposes only. To provide services, we may collect personal information to enhance your experience on this Site. If you provide emails addresses or phone numbers, you acknowledge the information you provide is accurate and you agree to receive communications by email, phone calls or text message. To learn more about the types of information we collect and use of data, please see our Privacy Policy.
You agree to use this Site solely for your own personal, non-commercial use in accordance with these Terms of Use. You will not use this Site in any unlawful manner. You will not install or export software or data in violation of U.S. laws or regulations. You will not sublicense, duplicate, copy, distribute or transfer this Site or Service. You are liable for any breach of this Agreement and for consequences, including loss or damage we may suffer as a result of such a breach.
You agree that you will not impersonate any person or entity or misrepresent your affiliation with any other person or entity, including Eboni Adams Monk.
You agree that you will not copy, store, edit, change, republish, upload, encode, prepare any derivative work of or alter in any way any of the content provided on this Site nor use on our Sites in any way that violates the terms of this agreement. This site is owned and operated by Eboni Adams Monk and her representatives and is protected by the United States copyright laws and international treaty provisions. You agree to credit and /or preferably link any creative content, including but not limited to our poetry, writings, videos and other creative work, from any of our Sites.
You agree that you will not use this Site in any manner that could damage, disable, or impair this Site, it owner, or interfere with other users’ use and enjoyment of our Site. You agree you will not attempt to gain unauthorized access to our computer services or systems.
You agree you will be a responsible user of this Site and that you will not post irrelevant or unnecessarily large amounts of content and information.
You agree you will not collect personal information about other uses of this Site.
You understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We cannot and will not be liable for any loss or damage arising from use of this site or its services.
2. Disclaimers
a. You are using this Site at your own risk. You are responsible for maintaining the confidentiality of your accounts and passwords and for restricting access to your computer.
b. All content used is not intended to diagnose, treat, cure or prevent disease or to provide medical advice.
c. You must obtain professional or specialist advice before taking, or refraining from taking, action on the basis of the content on our site and information discussed during consultations.
d. All content is intended for informational purposes only. None of the content in emails, blog, website, social media, or consultations should be construed as specific personal development advice.
e. All sales of services and products are governed by the specific Terms and Conditions of the Sale, which are incorporated into this agreement.
f. We are not responsible for technical issues which may result in your inability to access this Site or other third-party sites to which we link or provide an interface.
g. We disclaim all warranties, either expressed or implied. We make no representations, warranties or guarantees that this Site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and Eboni Adams Monk disclaims any liability relating to its use.
h. All information contained within this Site is subject to the possibility of typos, errors, omissions, change of price, conditions, or withdrawal without notice. Any opinions or assumptions contained within this Site are for example only.
3. Creative Content
Some of the content on this Site may include materials that belong to third parties or affiliates We assume no responsibility for such content, products or services.
Some information on this Site has been obtained from sources believed to be reliable. Whenever possible, we will credit the source.
All photos, paintings, drawings, videos, graphics, and other creative content are herein the property of their respective owners and use of any images without the expressed written consent of the owner is strictly prohibited.
Text, photos, paintings, drawings, videos, graphics, and other creative content, visual interfaces, sounds, music, computer code, Site design, “look and feel” and arrangement of content by and of Eboni Adams Monk/Rising Sage Consulting may not be used without explicit written consent.
This site contains intellectual property, including content, created and owned by Eboni Adams Monk, and are subject to copyright. You may not use this intellectual property in any way. Content may not be republished without explicit written consent. For copyright requests, contact hello@eboniadamsmonk.com.
4. Trademarks
We may have trademarks, service marks, graphics, and logos (trademarks) of Eboni Adams Monk, including, but not limited to Wisdom Traditions and the Essence of Leadership, Wisdom Leadership, Pickled Roots, Leading Wise, Rising Sage Consulting, Frela. Marks may not be used in connection with any product or service that is not provided by the owner of the marks in any manner that is likely to cause confusion among customers, or in any manner that discredits or damages Eboni Adams Monk. Our Sites may also contain third-party trademarks, service marks, graphics, and logos. You are not granted any right of license with respect to any of our trademarks or third-party trademarks.
5. Refund Policy
If you purchase a coaching program or personalized product from this site, you acknowledge that you enter into a contract of sale with us at the pont of sale. If you change your mind about purchasing, you are entitled to a refund for the 48 hours following the purchase. If you decide to cancel and your program or product will start within the 48 hours period, you will be refunded but the value of sessions during the 48 hour-period will be deducted from your refund.
6. WARRANTY DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS”, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. WE DO NOT WARRANT THE ACCURACY, RELIABLITY, OR COMPLETENESS OF ANY INFORMATINO PROVIDED BY US IN CONNECTION WITH YOUR USE OF THIS SITE OR SERVICE, ORTHAT THIS SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPED, ERROR-FREE, VIRUS-FREE OR SECURE. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMANGE TO YOUR OMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY DOWNLOAD OF ANY MATEIRAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBRTAINED BY YOU FROM US OR THROUGH OR FROM THIS SITE AND SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
7. DISCLAIMER OF LIABLITY
TO THE FULLEST EXTENT PERMITTED BY THE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, SUBSIDIARIES, LICENSORS, AGENTS, SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
8. Indemnity
You agree to indemnify, defend and hold us, our affiliates and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensors and service providers (“Indemnitees”) harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against Indemnitees by any third party due to or arising out of or in connection with your use of the Site.
9. Violation of These Terms of Use
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, and or (4) protect the rights, property or our personal safety, users of or visitors to the Site, and the public.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
10. Governing Law
You agree that by using this site, content, and services, you waive your right to a court of jury trial or to participate in a class action. You agree you may only bring claims against us in your individual capacity. In such circumstances, you agree any claims and disputes will be resolved through binding individual arbitration.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Illinois or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an experienced arbitrator and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
If you wish to opt-out of the agreement to arbitrate, within 45 days of when you first use the site or service or submit through the site, a request for information, you must send us a letter stating “Request to Opt-Out of Agreement to Arbitrate” at the following address:
Eboni Adams Monk, Rising Sage Consulting, 230 East Ohio, Suite 410, Chicago, IL 60611
In the event you opt out of the arbitration provision, you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the Cook County in the State of Illinois, and waive any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
These Terms of Use are entered into in the State of Illinois and shall be governed by and construed in accordance with the laws of the State of Illinois, exclusive of its choice of law rules that would give rise to application of the substantive law of another jurisdiction.
11. Severability
If any provision in this agreement is invalid or unenforceable or contrary to applicable laws, such provision shall be construed limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
12. Void Where Prohibited
Although access to this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
13. Entire Agreement
These Terms of Use constitute the entire agreement between the parties relating to its subject matter. In our sole discretion, we may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.