TERMS and condition of ehp consulting group
Last updated: July 10, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country United States
- State: Florida
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Ehp Consulting Group
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Template.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to EHP Consulting Group, accessible from www.ehpconsultinggroup.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.lit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Governing Law
The laws of the Country and state of Georgia, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Terms and Conditions Per Specific Service:
Timing: Some orders and services have delivery timeframes. Others have ranges. Services related to troubleshooting can take as little as 2 days and as long as 60 days. You agree that as long as EHP Consulting Group is willing to work on your issue that you will honor the payment terms.
Termination: Both parties may agree to terminate project work. Your order commits you to the full payment amount and can not be refunded without mutual consent. EHP Consulting Group also reserves the right to refund projects fully or partially on services we are not comfortable handling for any reason.
All Site Orders are Final and Non-Refundable with the Exception Listed below.
Reinstatement Orders: Reinstatement orders are non-refundable for cases in which there has already been an appeal filed. If no appeal has been filed, and EHP Consulting Group is unsuccessful within 90 days of ordering, a 100% refund will be granted.
Creative Design Exclusion: All Creative Orders (A+ content, brand story, storefront, listing images) are subject to 3 Revision Requests Maximum. Additional requests will be billed at $300 per request.
Max Billable Time: A maximum of 8 hours will be spent per project order, hours beyond this limit is at EHP Consulting Group's sole discretion, and may result in additional charges.
Any website order (with the exception of coaching), does not include phone calls or verbal communication, and if such calls are required, an additional charge will be applied, billable at $400 per hour at our discretion.
Coaching calls: These calls are for time spent consulting with you. The time spent during the 30 or 60 minute session is non-refundable. At our sole discretion we may go above and beyond a call to offer further advice by email.
WARRANTY EXCLUSIONS. CONTRACTOR IS BEING ENGAGED ONLY TO PROVIDE THE SERVICES SET FORTH IN THIS AGREEMENT, INCLUDING ANY AGREED DELIVERABLES. CLIENT ACKNOWLEDGES THAT THE SERVICES ARE AN ITERATIVE PROCESS AND MAY REQUIRE MODIFICATION IN RESPONSE TO CHANGES IN AMAZON’S POLICIES AND REQUIREMENTS. WITH THE EXCEPTION OF THE REPRESENTATIONS AND WARRANTIES IN SECTION 8(a), CONTRACTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES OR DELIVERABLE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONTRACTOR MAKES NO WARRANTY THAT THE SERVICES AND ANY WORK PRODUCT WILL MEET CLIENT’S REQUIREMENTS, THAT THE RESULTS OBTAINED FROM THE SERVICES OR ANY DELIVERABLES WILL BE SATISFACTORY, OR THAT THE SERVICES OR ANY DELIVERABLES WILL MEET CLIENT’S EXPECTATIONS. THE REPRESENTATIVES OF CONTRACTOR HAVE NO AUTHORITY TO GIVE ANY WARRANTIES ON BEHALF OF CONTRACTOR. CLIENT IS SOLELY RESPONSIBLE FOR THE IMPLEMENTATION OF ANY COURSE OF ACTION BASED ON SUCH SERVICES.
Non-Disparagement. Each Party agrees to refrain from publicly or privately taking actions or making statements, written or oral, which might reasonably be expected to denigrate, disparage, ridicule, or defame the goodwill or reputation of the other Party or any of its Affiliate Persons.
Non-Solicit. Client agrees that during the Term and for a period of one year thereafter (the “Restricted Period”), Client shall not, directly or indirectly, solicit any employee, contractor or subcontractor of Contractor or any person or entity who was an employee, contractor or subcontractor of Contractor during the Term. Client further agrees that it will not, without prior written consent of Contractor, during the Term or during the Restricted Period, alone or with others, directly or indirectly, induce or assist any person or entity in inducing any employee, contractor, or subcontractor that is or that is hereafter employed or engaged by Contractor to cease doing business with Contractor or otherwise alter or limit its business relationship with Contractor. If Client breaches this Section 4(d) by hiring any employees, contractors, or subcontractors of Contractor, and prior written authorization has not been obtained, Client shall pay to Contractor a hire fee equal to the greater of: (a) the then current annual salary of each employee, contractor or subcontractor hired in contradiction of this Section 4(d), or (b) $10,000. The Restricted Period will be extended while Client is in breach hereof for a period of time commensurate with the period of time that Client was in breach, to ensure that Contractor receives the full benefit of the Restricted Period.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]
- Use the Content to provide services to third parties, including but not limited to consulting or training services, without the prior written consent of EHP Consulting Group.
- Share your subscription or access credentials with any other person or entity.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Content, or create any derivative works based on the Content (other than documents you create through your membership, which you may use for your own personal use).
- Remove or alter any copyright, trademark, or other proprietary notices included in the Content.
- Offer consulting services to third parties whereby the Content is used in whole or in part as the basis for such services.
- Prohibited Conduct. You agree not to engage in any conduct that is prohibited by law or that could harm EHP Consulting Group or its reputation. Prohibited conduct includes, but is not limited to, the following:
- Using our Content or services to engage in illegal activities.
- Attempting to hack or disrupt our services or servers.
- Misrepresenting yourself or your business to EHP Consulting Group or ither users of our services.
- Using our Content in violation of these Terms or any applicable law or regulation
- If you submit feedback or suggestions about our Content, we may use your feedback or suggestions without obligation or compensation to you. You acknowledge and agree that EHP Consulting Group is authorized to collect and use aggregated or anonymized information from or about you and other users and user-created documents for the purposes of researching, developing, improving and marketing its services.
- Any rights not expressly granted in these Terms are reserved by EHP Consulting Group.
- Termination. EHP Consulting Group reserves the right to terminate your subscription and access to our services at any time for any reason, with or without notice. We may also suspend or terminate your subscription if we suspect that you have violated these Terms or any applicable law or regulation.
- Disclaimers and Limitations of Liability. You acknowledge that:
- THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- You acknowledge that the Content is provided as of March 1, 2023, and that Amazon and other platforms may change their policies or procedures, rendering some or all of the SOPs less effective or obsolete. EHP Consulting Group has no obligation to update the Content in response to such changes, and you assume all risks associated with your reliance on the Content. EHP Consulting Group makes no representations or warranties that the SOPs will remain effective or suitable for your needs for any period of time.
- EHP Consulting Group does not represent or warrant that the Content will be accurate, complete, reliable, current, or error-free. Your reliance on any information or advice provided in the Content is at your own risk.
- Annual plan members are not entitled to any updates or revisions of the SOPs. Lifetime members will receive any and all updates and revisions. Notwithstanding the foregoing, and in accordance with the provisions herein, you hereby acknowledge that EHP Consulting Group is under no obligation to update or revise the Content at any time, and the decision to do so shall be solely at EHP Consulting Groups discretion.
- Indemnification. You agree to defend, indemnify, and hold harmless EHP Consulting Group its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Content, including, but not limited to, any use of the Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Content.
TO THE FULLEST EXTENT PROVIDED BY LAW, AND IN ACCORDANCE WITH PROVISION 10 HEREIN, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EHP CONSULTING GROUP AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO EHP CONSULTING GROUP.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law.
- Arbitration, Waiver of Class Action and Jury Trial. IN THE EVENT ANY DISPUTE ARISES FROM THESE TERMS, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO SUBMIT TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING GEORGIA LAW.
YOU AGREE THAT ANY SUCH DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS MAY NOT BE BROUGHT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. YOU FURTHER AGREE THAT NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON OR ENTITY’S CLAIMS AND THAT ANY RELIEF AWARDED TO A PARTY IN ANY PROCEEDING SHALL BE LIMITED TO THE INDIVIDUAL PARTY SEEKING RELIEF.
- Stipulated Damages. In the event of EHP Consulting Group’s breach of these Terms, you shall be entitled to stipulated damages in the amount of the purchase price paid by you to EHP Consulting Group. The stipulated damages provided for in this provision shall be the sole and exclusive remedy available to you in the event of a breach by EHP Consulting Group and you herein waive any right to contest the validity or enforceability of this provision.
- EHP Consulting Group Injunctive Relief. You agree that any breach of your obligations with respect to EHP Consulting Group's proprietary or intellectual property rights will result in irreparable injury to EHP Consulting Group for which money damages are inadequate, and you therefore agree that EHP Consulting Group shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.
- Changes to Terms of Service. EHP Consulting Group may revise these Terms at any time by posting the revised terms on our website. Your continued use of our services after any such revision constitutes your acceptance of the revised terms.
- Waiver and Severability. No waiver by EHP Consulting Group of any term or condition set out in these Terms shall be considered a waiver of such term or condition or a waiver of any other term or condition. Any failure of EHP Consulting Group to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The provisions of these Terms will, where possible, be interpreted so as to sustain its legality and enforceability
- Entire Agreement. These Terms constitute the sole and entire agreement between you and EHP Consulting Group regarding the Content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.
All other comments and questions should be directed to terms @ehpconsultinggroup.com
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EHP consulting Group provides guidance, research, management, content creation, online marketing, and more for businesses on Amazon.
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