Terms & Conditions
Last Updated June 2, 2020
Agreement between User and PaolaBrown.com
Welcome to PaolaBrown.com. The PaolaBrown.com website (the “Site”) is comprised of various web pages operated by Paola Brown LLC (“PB”). PaolaBrown.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of PaolaBrown.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. PaolaBrown.com may, in its sole discretion, modify or update these Terms of Service from time to time, and so you should review this page periodically. When we change the agreement in a material manner, we will update the ‘last updated’ date at the top of this page. Your continued use of the website and its provided services after any such change constitutes your acceptance of the new Terms of Service.
PaolaBrown.com is an E-Commerce Site.
Group/Book Club Leaders will be teaching classes using my copyrighted curriculum/materials.
Visiting PaolaBrown.com or sending emails to PB 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.
Refunds and Cancelations
It is important to us that you are satisfied with our products. If you are not completely satisfied with the product, you may return the items in their original, unused condition for a full refund of the purchase price (less shipping and handling charges) or exchange within 90 days from the date the product was received by you. Unfortunately, digital items are not eligible for a refund. If they were purchased as part of a curriculum bundle, the price of the digital item as a stand alone product at the time of the purchase will be deducted from the refund total.
To request a refund or replacement, send an email using the form at https://paolabrown.com/contact with your name, order number, and reason for the request.
All return shipping charges are paid by the customer. Failure to return merchandise, in PaolaBrown, LLC’s sole determination, may cause the order to be ineligible for a refund. Please allow two weeks for the processing of returns. If your refund is accepted, a credit will automatically be applied to your credit card or original method of payment within 5 days. If needed we will adjust this policy as required by the laws of the state in which you live.
This refund policy is subject to change without notice.
Once an order has been submitted, it cannot be added to or cancelled. Any add-ons must be submitted as a separate order.
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 PB is not responsible for third party access to your account that results from theft or misappropriation of your account. PB and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
PB collects personally identifiable information from children under the age of thirteen. PB collects this information for the following reason(s):
Parents will be enrolling students into the courses led by Group Leaders who will be teaching either in-person or online courses using the Teach Me Health and Homeopathy curriculum.
If you are under the age of thirteen, your parent or guardian must first create an account in order to enroll you into a course. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use PaolaBrown.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
PaolaBrown.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PB and PB 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. PB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PB of the site or any association with its operators.
Certain services made available via PaolaBrown.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the PaolaBrown.com domain, you hereby acknowledge and consent that PB may share such information and data with any third party with whom PB has a contractual relationship to provide the requested product, service or functionality on behalf of PaolaBrown.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. 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. PB content is not for resale. Your use of the Site or any of Paola Brown’s copyrighted materials (such as her books, curriculum, etc.) 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 PB 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 PB 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.
PB has no obligation to monitor the Communication Services. However, PB reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PB reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
PB 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 PB’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PB does not control or endorse the content, messages or information found in any Communication Service and, therefore, PB 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 PB spokespersons, and their views do not necessarily reflect those of PB.
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 PaolaBrown.com or Posted on Any PB Web Page
PB does not claim ownership of the materials you provide to PaolaBrown.com (including feedback and suggestions) or post, upload, input or submit to any PB Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PB, 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. PB is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PB’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.
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Group Leaders, Book Club Leaders & Students/Participants
By signing up as a “Group Leader” and/or “Book Club Leader”, or participating in a group using materials produced by PB, you agree to the following additional terms and conditions.
Thank you for reading this carefully!
The following information will explain the terms and conditions of your work with PaolaBrown.com as a Group or Book Club Leader. Here are some highlights:
As a Group Leader or Book Club Leader, you are not an employee but a contractor for PaolaBrown.com. This means you will need to file your own taxes for any income you make when you teach a course, including any commissions you make. At the end of the year, if you make over $600 as a Group Leader or Book Club Leader, PB will provide you with a 1099 for you to use when filing your taxes.
You should have sent in your W-9 when you registered and paid your fee to become a Group Leader or Book Club Leader. Before PB can send you your checks, we will need a W-9 on file for you.
Group Leaders and Book Club Leaders should never record any of their lessons. Group Leaders and Book Club Leaders should not photocopy or otherwise reproduce any materials.
Group Leaders and Book Club Leaders must also make sure that their students and/or participants follow this rule and if they do see a student who has photocopied materials, they should address this copyright infringement with their student by helping them understand the rules and assisting in the purchase of the appropriate materials.
Group Leaders must ensure that each enrolled student owns their own copy of the workbook and each family needs a copy of the storybook Evie and the Secret of Small Things (either in hard copy or in audiobook version). Book Club Leaders must ensure that each Book Club participant owns their own Book Club Handbook and storybook Evie and the Secret of Small Things (either in hard copy or in audiobook version)
Reselling the curriculum and other materials is strictly prohibited, especially for consumable workbooks. If a Group Leader or Book Club Leader would like to share any information from the teacher’s manual (or any other PaolaBrown.com material) that is not already in materials purchased by a student/participant, then the Group Leaders and Book Club Leaders must contact PB first for expressed permission.
In addition to the aforementioned restrictions, Group Leaders, Book Club Leaders and students/participants using the Teach Me Health and Homeopathy curriculum are not permitted to record their classes in any way.
If the GL would like to share any information from the teacher’s manual that is not already in the student workbook, then the Group Leaders and/or Book Club Leaders must contact PB first for expressed permission.
Online Teacher’s Area
Videos provided in the Online Teacher’s Area are only available to the teacher, and to the designed families and students during appropriate modules of the curriculum. Video resources will only be available by URL and must remain played off of PaolaBrown.com. Saving video resources is strictly prohibited
People do not give up their ownership (if there is indeed a true ownership) when they upload their materials to File Sharing area of the Group Classes on PaolaBrown.com. However, it is important to understand that most materials uploaded to the File Sharing area are simple derivative works that are based on the curriculum, Teach Me Health and Homeopathy, such as the Homeopathy Memory Work Music. Many of these works would not be able to satisfy the level of originality required in order to receive copyright protection. In addition, PaolaBrown.com can exercise our rights to control the proprietary interests of original content that we have developed.
Individuals are prohibited from selling materials that they access on the File Sharing area of PaolaBrown.com. However, when someone uploads an item to the File Sharing area, they are making it available to thousands of families around the world. If an individual is concerned about their materials being misused by other PaolaBrown.com users, especially where pecuniary interests might be involved, then they should refrain from uploading their materials to the File Sharing site.
Generally speaking, anyone’s original creative work receives copyright protection from the time it is created. However, individuals should consider registering their original work with the U.S. Copyright Office in order to make it easier to pursue damages against another party that may infringe upon their copyright.
Terms of Service Agreement for File Sharing
PLEASE READ AND REVIEW THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. By using this Web site, you agree to this Terms of Service Agreement. If you do not agree, please exit and disregard the information contained herein.
Member Conduct on PaolaBrown.com and File Sharing
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Site, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Site does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Site be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a PB official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of a contracted employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users
You acknowledge that the Site does not pre-screen Content, but that the Site and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, the Site and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Site or submitted to the Ste, including without limitation information in the Site’s Message Boards, the Site’s Clubs, and in all other parts of the Service.
You agree that the Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that the Site, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Site believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The Site may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the Site may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Site shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. The Site has no control over such sites and resources. You acknowledge and agree that the Site is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
PB’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Site or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. The Site grants you a personal, non-transferable and non-exclusive right and license to use the service of its web site; provided that you do not (and do not allow any third party to) attempt to access the software source code on the server to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AcademicRecords.net for use in accessing the Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- THE SITE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Copyrights and Copyright Agents
The Site respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Site’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Third Party Accounts
You will be able to connect your PB account to third party accounts. By connecting your PB 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.
The Service is controlled, operated and administered by PB 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 PB Content accessed through PaolaBrown.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
GDPR AND YOUR RIGHTS
Under the GDPR, EU-based visitors and subscribers have the rights to request from us access to Personal Data we store about you, to amend (or rectify) this data, to restrict our processing of the Personal Data, to erase the data, and to receive a copy of the data in a structured, commonly used, and machine-readable format (data portability). If you wish to invoke a right under the GDPR, you may contact us using the contact methods at the bottom of this page. Please use the subject line “GDPR Request” in the subject line. Your email should include a sufficiently detailed description of the GDPR right with which you seek assistance along with appropriate contact information. We may need to contact you for further information.PB will notify you if your request has been granted or declined, or if exemptions apply. If you have provided consent for the processing and storing of your data, you have the right (in certain circumstances) to withdraw that consent at any time, which will not affect the lawfulness of the processing before your consent was withdrawn. You have the right to lodge a complaint with the Information Commissioner’s Office (ICO) if you believe that we have not complied with the requirements of the GDPR with regard to your Personal Data.
CALIFORNIA RESIDENT RIGHTS
Notice to California Residents: If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of PB to third parties for the third parties’ direct marketing purposes. California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. The California Consumer Privacy Act, California Civil Code 1798.100, et seq., requires transparency regarding data practices and permits you to request, among other things, access to and deletion of your personal information, and requires that we provide you control over certain data transfers deemed under the law to be a “sale.”
You agree to indemnify, defend and hold harmless PB, its officers, directors, contracted 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. PB 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 PB in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PB agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
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. PAOLABROWN.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PAOLABROWN.COM 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. PAOLABROWN.COM 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.
PB 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 Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas 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, contracted employment, or agency relationship exists between you and PB as a result of this agreement or use of the Site. PB’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PB’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 PB 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 PB with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PB 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
PB reserves the right, in its sole discretion, to change the Terms under which PaolaBrown.com is offered. The most current version of the Terms will supersede all previous versions. PB encourages you to periodically review the Terms to stay informed of our updates.
PB welcomes your questions or comments regarding the Terms:
PO Box 398
Shelley, Idaho 83274
Email Address: PaolaBrown.com/Contact
Effective as of January 01, 2017
This Commission Agreement (this “Agreement”) is made effective as of January 01, 2020, by and between PaolaBrown.com, (“PB”), of PO Box 398, Shelley, Idaho, 83274 and Group Leader, (“GL”), and/or Book Club Leader (“BL”) of As per the information listed in their account. Book Club Leaders do not earn commissions at this time.
- PB is engaged in the business of education. GL and/or BL will primarily perform the job duties at the following location: As per the information listed in their online account.
- PB desires to have the services of GL and/or BL.
- GL and/or BL is willing to be a contracted employed by PB.
Therefore, the parties agree as follows:
- CONTRACT WORK. PB shall contract employment GL as a Group Leader. PB shall also contract employment BL as a Book Club Leader. GL shall provide to PB the following services:
Group Leaders and/or Book Club Leaders will provide:
- lessons which guide students and families through the Teach Me Health and Homeopathy curriculum,
- syllabus (optional), lessons which adhere to the laws of their state,
- timely support in assisting their enrolled families and their student(s) in their enrollment in their class(es).
- timely answers to the questions and requests for assistance from enrolled families
- enrolled students and families with a class withdrawal/refund policy in their syllabus
GL and/or BL accepts and agrees to such contracted employment, and agrees to be subject to the general supervision, advice and direction of PB and PB’s supervisory personnel. GL and/or BL shall also perform (i) such other duties as are customarily performed by a contracted employee in a similar position, and (ii) such other and unrelated services and duties as may be assigned to GL/BL from time to time by PB.
- BEST EFFORTS OF CONTRACTED EMPLOYEE. GL and/or BL agrees to perform faithfully, industriously, and to the best of GL’s/BL’s ability, experience, and talents, all of the duties that may be required by the express and implicit terms of this Agreement, to the reasonable satisfaction of PB. Such duties shall be provided at such place(s) as the needs, business, or opportunities of PB may require from time to time.
- COMMISSION PAYMENTS. PB will make commission payments to GL based on the number of families which enroll in a GL’s course, and is also based on the wholesale/discount ration the GL selects. The percentage ratio from which a GL selects is: 15% – 5+ families, 25% – 10+ families, 30% – 15+ families. This commission will be paid monthly on the first day of the following month, after the class has been closed. Please note a credit card processing fee of 3% will be deducted. This fee is subject to change. BL do not earn commission payments at this time.
- RECOMMENDATIONS FOR IMPROVING OPERATIONS. GLand/or BL shall provide PB with any information, suggestions, and recommendations regarding PB’s business, of which GL and/or BL has knowledge, that will be of benefit to PB.
- CONFIDENTIALITY. GLand/or BL recognizes that PB has and will have information regarding the following:
– product design
– technical matters
– trade secrets
– customer lists
– business affairs
– future plans
– Shall be kept confidential, as instructed by PB.
and other vital information items (collectively, “Information”) which are valuable, special and unique assets of PB. GL and/or BL agrees that GL and/or BL will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any Information to any third party without the prior written consent of PB. GL and/or BL will protect the Information and treat it as strictly confidential. A violation by GL and/or BL of this paragraph shall be a material violation of this Agreement and will justify legal and/or equitable relief.
- UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that GL and/or BL has disclosed (or has threatened to disclose) Information in violation of this Agreement, PB shall be entitled to an injunction to restrain GL and/or BL from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. PB shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
- CONFIDENTIALITY AFTER TERMINATION OF CONTRACTED EMPLOYMENT. The confidentiality provisions of this Agreement shall remain in full force and effect for a period of 10 years after the termination of GL’s and/or BL’s contracted employment. During such period, neither party shall make or permit the making of any public announcement or statement of any kind that GL and/or BL was formerly contracted as an employed by or connected with PB.
- NON-COMPETE AGREEMENT. GL and/or BL recognizes that the various items of Information are special and unique assets of the company and need to be protected from improper disclosure. In consideration of the disclosure of the Information to GL and/or BL, GL and/or BL agrees and covenants that during contracted employment and for a period of 20 years. after the termination of contracted employment for any reason, whether such termination is voluntary or involuntary, GL and/or BL will not directly or indirectly engage in any business competitive with PB.
Directly or indirectly engaging in any competitive business includes, but is not limited to: (i) engaging in a business as owner, partner, or agent, (ii) becoming a contracted employee of any third party that is engaged in such business, (iii) becoming interested directly or indirectly in any such business, or (iv) soliciting any customer of PB for the benefit of a third party that is engaged in such business. GLand/or BL agrees that this non-compete provision will not adversely affect GL’s and/or BL’s livelihood.
- CONTRACTED EMPLOYEE’S INABILITY TO CONTRACT FOR EMPLOYER.
GL and/or BL shall not have the right to enter into any contracts or commitments for or on behalf of PB without first obtaining the express written consent of PB.
- Group Leader W-9
GL and/or BL earning commission must submit a W-9 to PaolaBrown.com in order to receive any payments of monies earned.
- TERM/TERMINATION. GL’s and/or BL contracted employment under this Agreement shall be for an unspecified term on an “at will” basis. This Agreement may be terminated by PB upon 7 days written notice, and by GL and/or BL upon 7 days written notice. If GL and/or BL is in violation of this Agreement, PB may terminate contracted employment without notice and with compensation to GL and/or BL only to the date of such termination. The compensation paid under this Agreement shall be GL’s and/or BL’s exclusive remedy.
- TERMINATION FOR DISABILITY. PB shall have the option to terminate this Agreement, if GL and/or BL becomes permanently disabled and is no longer able to perform the essential functions of the position with reasonable accommodation. PB shall exercise this option by giving 7 days written notice to GL and/or BL.
- COMPLIANCE WITH CONTRACTED EMPLOYER’S RULES. GL and/or BL agrees to comply with all of the rules and regulations of PB.
- NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or on the third day after being deposited in the United States mail, postage paid, addressed as follows:
PO Box 398
Shelley, Idaho 83274
Group Leader and/or Book Club Leader
Address, as per the information listed in their account.
Such addresses may be changed from time to time by either party by providing written notice in the manner set forth above.
- ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
- AMENDMENT. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
- SEVERABILITY. If any provision(s) of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provision(s) shall continue to be valid and enforceable. If a court finds that any provision(s) of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision(s) of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
- APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Texas.
- SIGNATORIES. This Agreement shall be enacted by Paola Brown, CEO on behalf of PaolaBrown.com and by Group Leader in an individual capacity when the Group Leader pays the Group Leader Fee. This Agreement is effective as of the date first above written.