Terms & Conditions
Effective date: April 2023
Agreement between User and theemmanetwork.net
Welcome to theemmanetwork.net. theemmanetwork.net website (the "Site") is comprised of various web pages operated by The Emma Network, LLC. Theemmanetwork.net is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). This agreement (this “Agreement”) sets forth the terms and conditions between The Emma Network, LLC, a North Carolina limited liability company (the “Company”) and users (“you” or “your”) and governs your use of the Company’s website (the “Site”) and of the purchase or access of the Company’s products and/or services (“Services”). Please read these terms carefully, and keep a copy of them for your reference.
BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, PURCHASING SERVICES, OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
The Company reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. The Company reserves the right, in its sole discretion, to restrict, change, suspend or terminate access to all or any part or aspect of the Site or Services, including the availability of any feature, database, information, or content, at any time and without prior notice or liability. Continued use of the Site or Services following posting of any changes to the terms of the Agreement constitutes your acceptance of the changes. If you do not agree with the terms of this Agreement at any time, you are required to cease use of the Site and Services.
Theemmanetwork.net is an educational Site. The Emma Network classes are designed to give you the knowledge and tools to support you through pregnancy. For more detailed information on details of purchase please visit this page: Refunds & Details of Purchase.
Electronic Communications.
Visiting theemmanetwork.net or sending emails to The Emma Network constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Emma Network is not responsible for third party access to your account that results from theft or misappropriation of your account. The Emma Network and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Health Information.
The Site and Services are not intended to diagnose, treat, cure or prevent any disease. The Site and Services are not intended to provide medical advice, diagnosis or treatment. The information on the Site, the Services, or other materials the Company may provide to you are designed for informational purposes only and are not intended to be a substitute for informed medical advice, diagnosis, treatment, or care. You should not and agree not to use any of the Company’s Services or other online classes or resources without consulting with your obstetrician or other medical professional and/or healthcare provider that is overseeing your pregnancy. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor.
IF YOU THINK YOU MAY HAVE A MEDIAL OR PSYCHIATRIC EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY. DO NOT RELY ON THE SITE OR SERVICES FOR ASSISTANCE IN SUCH CASES.
Children Under Thirteen.
The Emma Network does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use theemmanetwork.net only with permission of a parent or guardian.
Cancellation/Refund Policy.
The Emma Network classes are designed to give you the knowledge and tools to support you through pregnancy. Because of the nature of our products, below is our policy in determining eligibility of refunds.
If you complete this course, implement any strategies or utilize any advice (with consultation of your personal medical provider/healthcare team) and still do not find it helpful, then you can email us within 30 days for a refund.
However, we cannot provide refunds on gift cards.
To request consideration for a refund, email our support team with the information below included at [email protected] within 30 days, and let us know you’d like a refund. Please email us directly from your email account rather than using our contact form so that you can retain a record of your refund request. Refund requests submitted via Instagram or any other social platform will not be processed, so be sure to email your request to [email protected] .
The following information must be included in your refund request via email:
Nutrition Through Pregnancy: You have listened to every module and lesson and have reviewed each downloadable pdf, have implemented any of these strategies or methods (with consultation of your personal medical provider/healthcare team) and did not find any information helpful.
The Emma Exclusive: Included is a 30 day trial in order for you to determine if this subscription is helpful to you and cancellations must be made before the end of your 30 day trial.
After 30 days, all purchases are completely non-refundable (even if you didn’t access or complete your class).
We reserve the right to evaluate each refund request using our criteria and make a decision accordingly.
In attempts to remain fair in determining eligibility of refund, the following reasons are not eligible:
- You decided this course just “wasn’t for you”
- You changed your mind after purchasing
- Extraneous personal circumstances
Payment.
Amounts due from you may be paid by authorized credit card (your “Card”). The Company uses a third party credit card processor to process the fees owed by you. You agree that the credit card processor, and not the Company, will be responsible for any errors by the credit card processor in processing fees. When you provide your Card information, you represent and warrant that you are permitted to use the Card and that all Card information and billing information is current, correct, and complete. If you have any question about a charge on your Card, provide written notice to the Company. You agree that you will not exercise and unconditionally waive any chargeback rights you may have by use of your Card. If you deliberately or inadvertently issue a chargeback to your credit card, your account will be terminated and you agree to pay the Company’s standard processing and collection fee.
Links to Third Party Sites/Third Party Services.
Theemmanetwork.net may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Emma Network and The Emma Network is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Emma Network is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Emma Network of the site or any association with its operators.
Certain services made available via theemmanetwork.net are delivered by third party sites and organizations. By using any product, service or functionality originating from the theemmanetwork.net domain, you hereby acknowledge and consent that The Emma Network may share such information and data with any third party with whom The Emma Network has a contractual relationship to provide the requested product, service or functionality on behalf of theemmanetwork.net users and customers.
No Unlawful or Prohibited Use/Intellectual Property.
You are granted a non-exclusive, non-transferable, revocable license to access and use theemmanetwork.net strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Emma Network that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, links images, as well as the compilation thereof, any software used on the Site and other material, is the property of The Emma Network or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Except as required to use the Site or Services, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law. Access to and use of the Site or Services does not authorize you to use any name, logo or mark of the Company in any manner. You may not use meta tags or other hidden text utilizing the Company’s name or trademarks without the express prior written consent of the Company. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Emma Network content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Emma Network and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Emma Network or our licensors except as expressly authorized by these Terms.
Use of Communication Services.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Emma Network has no obligation to monitor the Communication Services. However, The Emma Network reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Emma Network reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Emma Network reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Emma Network's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Emma Network does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Emma Network specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Emma Network spokespersons, and their views do not necessarily reflect those of The Emma Network.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to theemmanetwork.net or Posted on Any of The Emma Network Web Pages.
The Emma Network does not claim ownership of the materials you provide to theemmanetwork.net (including feedback and suggestions) or post, upload, input or submit to any The Emma Network Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Emma Network, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Emma Network is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Emma Network's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Mobile Services.
When you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Site must be in accordance with the usage rules established by your mobile device platform or service provider.
Third Party Accounts.
You will be able to connect your The Emma Network account to third party accounts. By connecting your The Emma Network account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users.
The Service is controlled, operated and administered by The Emma Network from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use The Emma Network Content accessed through theemmanetwork.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification.
You agree to indemnify, defend and hold harmless The Emma Network, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Emma Network reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Emma Network in asserting any available defenses.
Liability Disclaimer.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE EMMA NETWORK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE EMMA NETWORK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE EMMA NETWORK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE EMMA NETWORK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE EMMA NETWORK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction.
The Emma Network reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Emma Network as a result of this agreement or use of the Site. The Emma Network's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Emma Network's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Emma Network with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Emma Network with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Emma Network with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms.
The Emma Network reserves the right, in its sole discretion, to change the Terms under which theemmanetwork.net is offered. The most current version of the Terms will supersede all previous versions. The Emma Network encourages you to periodically review the Terms to stay informed of our updates.
Contact Us.
The Emma Network welcomes your questions or comments regarding the Terms:
Email Address: [email protected]
Updated April 2023.
