Terms of Service.

 

Last updated January 25th, 2022.

Welcome to the Terms Agreement for I Speak Organized and Melanie Summers Coaching. I Speak Organized and it’s affiliated website - http://www.melaniesummerscoaching.com is a trade owned and copyrighted by I Speak Enterprises, LLC. All rights reserved.

These Terms of Service (also referred to as "Terms") govern your access to and use of the I Speak Enterprises, LLC websites, “I Speak Organized” and “Melanie Summers Coaching” (also referred to as the “Service” or “Company"), its APIs, Products (also referred to as “Courses”) and widgets. Please carefully read and familiarize yourself with these Terms and contact us if you have any questions. By accessing or using this Service, you agree that you have read, understand and consent to be bound by these Terms, our Privacy Policy and our Community Guidelines.

Who can use this Service?

By using this Service and providing your data to I Speak Enterprises, LLC, you warrant to us that you are over 13 years of age. I Speak Enterprises, LLC controls this data and takes that responsibility for its user’s data very seriously. You may use this Service only in compliance with these Terms and all applicable laws. You can’t use this Service if it would be prohibited by U.S. sanctions. BY USING THIS SERVICE, YOU ACKNOWLEDGE AND WARRANT YOU ARE THE PERSON YOU REPRESENT YOURSELF TO BE AND HAVE THE ABILITY TO CONTRACT WITH I SPEAK ORGANIZED.

Process for parents of children under 13 who may have used the site:

The features, programs, promotions, and other aspects of our Websites requiring personally identifiable information are not intended for children.  We do not knowingly collect personally identifiable information from children under the age of thirteen (13).  If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us here.  A parent or guardian of a child under the age of thirteen (13) may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.  A description of the specific types of information collected from a child under the age of thirteen (13) will be provided to the parent or guardian of that child upon the parent or guardian’s request.

How can you use this Service?

When you interact with this Service, complete a purchase, or agree to be contacted, you must provide us with accurate and complete information. I Speak Enterprises, LLC, its owners, associates, contractors, employees or affiliates will not be held responsible for any legal ramifications or actions brought on you due to unlawful use of this Service, purchases, or use of false information.

If you’re based in the EEA, you may only use I Speak Organized if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of this Service has been provided to us.

Purchase of Products and Services

You may purchase Products and Services from I Speak Organized or Melanie Summers Coaching. Upon completion of your transaction, a separate Client Agreement with its own terms will be sent for you to sign. Please consult your Agreement for information regarding its terms as these terms may not apply.

By purchasing these Products or Services, you agree to pay the total amount due and authorize I Speak Organized to charge your payment option noted. You agree to pay in accordance to the payment schedule stipulated in your Client Agreement. You warrant that all payment information is true and you are authorized to use the payment option you provide. You will promptly update any payment information that affects this and your purchase agreement. You understand and agree that you are responsible for full payment of the purchase price of your Products or Services and other fees you incur notwithstanding any circumstances. It is your responsibility to keep your payment information up to date in order to complete your purchases laid out in your Client Agreement.

Refund and Cancellation Policy

Professional Services (In-person and virtual 1:1 coaching)

If you change your mind about a service prior to signing your Client Agreement, you will receive a refund of your purchase. There is also a 30 day, money back guarantee for your most recent session if you are truly dissatisfied with the service provided by I Speak Organized. Sessions paid for and completed prior to the most recent are non-refundable.

Refunds are not available for the following: Custom Action Plans, I Speak Organized Kids Academy, or 90-minute Assessment Sessions (both virtual and in-home). Alternatively, I will provide you with a brand new plan or session equal to the value of your original purchase at no extra charge. Replacement sessions can be booked by contacting us here.

Refunds are not available for same-day cancellations of any service. If you cancel your appointment with less than 24 hours notice you will be billed and must pay the full amount of the scheduled service. Alternatively, you may reschedule your appointment with four hour's notice, provided there is a time slot available. Successful rescheduling attempts will not incur a fee. Rescheduling an appointment with less than four hour's notice will incur a flat $35 fee.

*IMPORTANT: There is an automatic cutoff of 24 hours for cancellations and rescheduling online through the website. In order to reschedule same-day appointments, you'll need to contact Melanie directly with the contact information provided in your Client Agreement.

Online Courses

All online courses have a full money back guarantee. You MUST submit an email to melanie@ispeakorganized.com to receive your refund. The timeline for refunds varies by course.

Bootcamps: Once the bootcamp starts, you’ll have 24 hours to cancel. For example, if Defeat the Junk Drawer starts on October 15th, you’ll have until 11:59, PST on the 15th to cancel and receive your money back. No questions asked.

VIP Purchases: You’ll have 24 hours to cancel after your first VIP session. No questions asked.

Total Home - Quitting Clutter Course: This course comes with a 10 day, money back guarantee. Cancel anytime before 11:59 PST on the 10th day to receive a full refund. No questions asked.

Better Habits in 30 Days Hub: Once your purchase is complete, you’ll have access for 365 days at which point your access will expire. You’ll have 30 days to decide if it’s right for you. Cancel anytime before 11:59 PM PST on the 30th day to receive a full refund. No questions asked.

Feedback

I Speak Organized values hearing from its users about ways we can improve their experience. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, I Speak Organized doesn’t waive any rights to use similar or related feedback previously known, developed, or obtained from sources other than you.

Security

We care about the security of our users. This Site, our Sales platform (also referred to as “Payment Provider”) and our Booking platform (also referred to as “Booking Software Provider”) have built in SSL Certificates that are Level 1 PCI compliant. While we work to protect the security of your information used on the Site, we cannot guarantee that unauthorized third parties won’t be able to defeat the security measures provided by our Site, Payment Provider or Booking Software Provider. You understand that you are responsible for any loss or damages associated with the unauthorized use of any information collected through our Site, its associated Payment Provider or Booking Software Provider.

For more information about the security practices of Square, please visit here. For more information about the security practices of SquareSpace, please visit here.

Warranties and Disclaimers

This Site, in its entirety, and its services are provided on an “as is” basis without any representations or warranties, expressed or implied. I Speak Enterprises makes no representations or warranties in relation to the Site in its entirety and its services provided therein. I Speak Organized makes every effort to ensure that our information and our practices are accurate and produce excellent results. However, we make no claim that your results are guaranteed in any way.

General Disclaimer

To the maximum amount permitted by law, I Speak Enterprises, LLC hereby disclaims that you are responsible for any and all liability you incur for any claims, loss, costs, demands, disputes or damages in any way related to the implementation of any content or advice and the submission of your data to our company, its Site and its affiliated Sales and Booking platforms. You agree that implementation of any content, advice or submission of data to our Site and its affiliated Sales, Booking, and Course platforms is at your sole risk.

Not Professional Advice

This website and the affiliated Sales and Products you receive through this website, affiliated sales and course materials do not contain professional advice or substitute for professional advice related to: legal, tax, real estate, medical, financial, risk management, marital or other professional advice. If you require any such advice, please consult with a licensed or knowledgeable professional in that area before taking any action.

Your Responsibility

It is your responsibility to take all necessary steps to independently verify and ascertain that any information you choose to rely on from, access through or take action based upon this website or our Products is accurate, as we are not responsible for your use of the information obtained from or accessed through this website or our Products. Any views expressed on this website are solely the personal views of the author and do not necessarily reflect the views of the Company.

Earnings and Results Disclaimer

While we may, on this website, through any of our Products or in our communications, reference certain results or outcomes, you agree and acknowledge that information about these results or outcomes are received from third parties and we have no control over the accuracy of such statements, nor is there any guarantee that you can achieve the same results or outcomes. You agree and acknowledge that these results are not guaranteed or typical in any way and that individual outcomes may vary. Please do not rely on these results or outcomes in using the website or purchasing any Products.

Third Party Links

Our website may contain links to third party websites, for example, through hyperlinks we provide or through banners or advertisements, solely as a convenience to you. However, we are not responsible for any content found on or accessed through any links to third party websites. Any links to third party websites we provide do not serve as endorsements by us for the third party website or any of the products or services you may find on such website. We have no control over third parties and assume no responsibility for any third party websites or any of the products or services you may find on such websites, even if you access a third party website through a link on this website. If you choose to access a third party website, it is solely at your own risk.

Testimonials Disclaimer

This website may contain testimonials by users of our Products. Each testimonial reflects solely the personal view, opinion or experience of the individual providing the testimonial and does not reflect our views or opinions. You should not rely on any testimonial as indicative of a certain result or outcome. We do not claim, nor should you assume that your use of our Products will lead to the same result or outcome. We also do not independently verify, nor can we guarantee the accuracy of any information provided in such testimonials.

Except for correcting spelling and grammatical errors, each testimonial appears verbatim as we have received it. We do not pay individuals for providing testimonials.

Affiliate Disclaimer

This website may contain links to affiliate websites. When you click on and/or make a purchase through an affiliate link placed on our website, we may receive a small commission or other form of compensation at no additional cost to you. Please assume that any links contained on our website are affiliate links. Our use of affiliate links does not influence the products, services and websites that we share with you. This Disclaimer applies to all of the various means we use to communicate with you, including via this website, email, phone, social media, our Products or otherwise.

Fair Use Disclaimer

We may use copyrighted material on our website without specific authorization. In these instances, we do so because we believe such use constitutes fair use of any such copyrighted material under Section 107 of the United States copyright law.

Changes to These Disclaimers

We reserve the right to amend this Disclaimer at any time without notice to you. We will alert you to any changes by posting the effective date of the latest version at the top of this page, at which point any changes will become immediately effective. It is your responsibility to check for updates, as your continued use of the website and our Products after this Disclaimer is amended will constitute your acceptance and agreement to continue to be bound by this Disclaimer, as amended.

Third-Party Liability Waiver

The Site may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by I Speak Organized. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from our Site, you do so at your own risk and you agree that I Speak Enterprises, LLC has no liability arising from your use of or access to any third party website, service, or content.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, I SPEAK ENTERPRISES, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR DATA.

Indemnification

You understand and agree to indemnify and hold harmless I Speak Enterprises LLC, its affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, that data you provide, or your breach of any of these Terms.

Arbitration

These Terms of Service will be governed and construed in accordance with the laws of the State of Washington. Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, should first be reported in writing and to offer an opportunity to reach an amicable solution for both parties. If an agreement cannot be met informally then matters shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near the Clark County area of Washington. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that these parties are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement.

If you're a consumer in the EEA, this section does not apply to you.

Updates

Updates to this Service, its Terms, Privacy and all other Policies may be made from time to time without notice. We will do our best to always notify you of updates. However, you understand that you are responsible for staying up to date on this Service, its Terms, Privacy and all other Policies.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by I Speak Enterprises, LLC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

If you’re a consumer in the EEA, either you or I Speak Enterprises, LLC may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by I Speak Enterprises, LLC, you are entitled to terminate the agreement with immediate effect by discontinuing your use of this Service.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and I Speak Enterprise, LLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Privacy Policy

When you visit the Site, we automatically collect certain information about your device, including IP address, time zone, and some of the cookies that are installed on your device. Additionally, if you browse the I Speak Organized website, we collect and analyze information about the individual web pages you view, which search terms referred you to the Site, and other general information about how you interact with the Site.

Ways We Collect Data

1. General Communication Data

We collect communication data, including data you send to us through contact forms on our website, email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims.

I Speak Organized has a legitimate interest in the communications sent to us, and the necessity to keep records to establish, pursue or defend against legal claims. We may use this data to develop more relevant website content and advertisements to you and to measure or understand the effectiveness of the advertising we use to better serve your experience on our website. We may also use such data to send other marketing communications to you.

2. Purchases

When you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information.”

Square

Square is a payment processor and scheduling software. The Square privacy policy for customers can be found here.

Stripe

Stripe is a payment processor operated by Stripe, Inc. To learn about the privacy practices of Stripe, please review their privacy policy, which can be found here.

3. Email Subscription

If you sign up for our email list, the information and preferences you enter get stored in our ActiveCampaign database. We use that information to make sure we’re sending you appropriate and relevant content we think you'd be interested in. I Speak Organized is referred to as a “Member” of ActiveCampaign and you are referred to as a “Contact” of the Member. To learn more about what data ActiveCampaign collects and how they use it click here.

4. “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

5. “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Other Service Providers. We may share your information with service providers.

Thinkific

Thinkific is a course platform operated by Thinkific Inc. To learn about the privacy practices of Thinkific, please review their privacy policy, which can be found here.

Cookies

This Site uses cookies. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. For more information about cookies, and how to disable them, visit this site.

● Squarespace cookies

● YouTube cookies

We embed videos from our official YouTube channel using YouTube’s privacy-enhanced mode. This mode may set cookies on your computer once you click on the YouTube video player, but YouTube will not store personally-identifiable cookie information for playbacks of embedded videos using the privacy-enhanced mode. Read more at YouTube’s embedding videos information page here.

● ActiveCampaign cookies for Contacts

To learn more about ActiveCampaign’s Cookie Policy click here.

Third Party Analytics and Data Collection

We may use third-party analytics service providers to help us with our online services, such as Squarespace, Google Analytics, Facebook, Instagram and ActiveCampaign. These analytics providers use technologies such as cookies, web beacons, and web server logs to help us analyze how you use our online services. To help us figure out how you and others use our online services, we may disclose your IP address to these analytics providers, and other service providers who use the information.

● Squarespace

The I Speak Organized website collects personal data to power our site analytics, including:

  • Information about your browser, network, and device

  • Web pages you visited prior to coming to this website

  • Your IP address

This information may also include details about your use of this website, including:

  • Clicks

  • Internal links

  • Pages visited

  • Scrolling

  • Searches

  • Timestamps

We share this information with Squarespace, our website analytics provider, to learn about site traffic and activity.

● Google Analytics

This service tracks website usage and provides information referring websites and user actions on the Website. Google Analytics may capture your IP address, but will not capture any other personal information.

Google Analytics Opt-out

If you want to opt-out, download and install the add-on for your web browser. The Google Analytics opt-out add-on is designed to be compatible with Chrome, Internet Explorer 11, Safari, Firefox and Opera. In order to function, the opt-out add-on must be able to load and execute properly on your browser. For Internet Explorer, 3rd-party cookies must be enabled. Learn more about the opt-out and how to properly install the browser add-on here.

● Facebook and Instagram

To learn more about how Facebook uses your data please visit here or log on to your Facebook account and access your settings. To understand more about Facebook advertising please see here.

● Retargeting Ads

I Speak Organized may engage in remarketing efforts with third-party companies, such as Google, Facebook, Instagram, and ActiveCampaign in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website.

Transfer of assets, either voluntarily or involuntarily

As we continue to develop our business, we may sell or purchase assets.  If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personal information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed.  Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

Sensitive Data

This site does not collect any Sensitive Data, referring to details about your race, ethnicity, religion, political affiliations, or sexual orientation. We only collect that personal data which we are required to by law, or under the terms of the contract between us and you. If you don’t provide us with that appropriate, personal data when requested, we may not be able to perform the services laid out in your contract (for example, goods or services you choose) and your services may be canceled. We will only use your personal data for a purpose it was collected for (such as purchases and appointments) or a reasonably related purpose if absolutely necessary.

Release of Data

Only when lawfully required by appropriate legal process such as a valid subpoena, search warrant, court order, or other valid legal process etc will we release your personal data.

Your Choices

You may access, change, or correct information that you have provided by filling out this form. You have the right to erasure, restriction, transfer, and to object to processing of your data. If you wish to exercise these rights please contact us.

● European residents

Under the GDPR and applicable data protection laws you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us.

Additionally, we only process your information in order to fulfill contracts we might have with you (such as purchase of service through the Site), or otherwise to pursue our legitimate business interests. You understand that your information will be transferred outside of Europe.

● California Residents

The California Consumer Privacy Act (CCPA) requires us to disclose categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it, which we have explained above.

We are also required to communicate information about rights California residents have under California law. You may exercise the following rights:

● Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information we collect, use, or share; (2) purposes for which categories of Personal Information are collected or used by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you.

● Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.

● Right to Delete. You may submit a verifiable request and we will delete Personal Information about you that we have collected.

● We do not sell the Personal Information of our users.

Promotional Opt-Out

You have the right to opt-out of receiving promotional messages from I Speak Organized by following the instructions in those e-mail messages or you may fill out this form. Opting out of receiving communications may impact your use of the Services. If you decide to opt out, we may still send you non-promotional communications, such as digital receipts, messages about your appointments, or ongoing business relations.

Location Information Requests

In order to provide certain Services, we may request access to location information (such as your address). If you do not consent to the collection of this information you will not be able to use those services. You can stop our collection of location information at any time by contacting us.

Community Guidelines

Understanding the mission of I Speak Organized is key to how we expect the users of this Site to interact with the company and each other. Please carefully read through these guidelines. You understand that by using this Site, you are subject to these guidelines and any violations won’t be tolerated.

Mission Statement

The mission of I Speak Organized is to be a supportive and positive, guiding force in all things organization and productivity. By working in a manner that caters to a client’s learning style, we're able to provide appropriate advice and solutions based specifically on an individual’s personal, academic or business needs. Our goal with every project is to banish chaos, restore calm and control to all aspects of your environment, and create organizational systems that are sustainable yet flexible.

Comment Policy

Blog posts on this site may offer the option for you to leave comments. You agree to engage in constructive, thoughtful discourse on this Site or your comments will be deleted and you are subject to being banned from using this site. Do not, under any circumstances leave comments with harassment directed toward any content creator of I Speak Organized, spam, hate speech, defamatory claims to I Speak Organized or any third party, reference illegal acts, violence, or violate the legal rights of a third party.

Do not spam in the comments. Do not make any attempts to artificially manipulate distribution, clicks or other metrics, including but not limited to: buying or selling engagement, "stuffing" irrelevant keywords, and using fake or compromised accounts to perform coordinated actions. Any comments resembling the above will be deleted and the user terminated from the use of Services.

Don't link to websites that are unsafe, deceptive, untrustworthy, unoriginal, or that facilitate or encourage spam.

Intellectual Property and License for use of Content

I Speak Enterprises owns the intellectual property and rights to all content and material on its Site. All rights are reserved. You may download and print content for your personal use only and you are subject to the following User License Restrictions:

● Users are not permitted to republish content of the I Speak Organized website or other affiliated Social Media channels, unless given explicit written permission by the company.

● Users will not attempt to sell, or redistribute any content or services purchased from the Site or other affiliated Social Media channels. Reproduction or duplication of any content or services purchased for commercial purposes is strictly prohibited. Services purchased from I Speak Organized are for personal use only.

● Users are permitted to share content on social media channels, as long as a link to the Site or the I Speak Organized social handles and tags are used. I Speak Organized uses advertising widgets and links that allow sharing on social media channels and email. This does not constitute any waiver of I Speak Enterprise, LLC's intellectual property rights. Users may republish the content with full credit to I Speak Enterprises, LLC or I Speak Organized.

● Users may never interact with the Site in a way that causes damage to or impair the availability of access to the Site. This includes, but is not limited to the practices of scraping, reverse engineering, using any undocumented or unsupported method to access, search, download or change any part of this Site. Testing or attempting to break security measures, unless authorized or required by law is strictly prohibited.

● Users must never, in any way, use, publish or distribute material that consists of, or links to, spyware, computer viruses, keystroke logger, rootkit, malicious software, or other types of harmful code, known or unknown.

Copyright

The names, designs, content and all components of I Speak Organized are copyrights owned by I Speak Enterprises, LLC or third parties and are protected by National and International copyright laws. No names, designs, content or components should not be reused or republished without express written permission.

Grant of Use for Content You Contribute

You grant I Speak Enterprises irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the I Speak Organized website. This includes, but is not limited to, text and comments, images, video and audio. This license extends to all known and future contributions. I Speak Enterprises reserves the right to edit or remove any material submitted or published to the Site as well as information stored on our servers. I Speak Enterprises takes no responsibility and assumes no liability for any content posted by you or any third party.

Entire Agreement/Serviceability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with I Speak Enterprises, LLC shall constitute the entire agreement between you and I Speak Enterprises, LLC concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.