Terms and Conditions

Welcome to our website. Radical Productivity with Evernote [http://www.radicalproductivity.harmonenterprises.com] is owned and operated by Harmon Enterprises.

This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. If you do not agree to these terms and conditions, you should not use this site.

AGREEMENT
This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of Radical Productivity with Evernote Radical radicalproductivity.harmonenterprises.com (the “Site’”) and describe the terms and conditions applicable to your access of and use of the Site. The terms “we,” “us,” and “our” refer to Harmon Enterprises. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site. This Agreement may be modified at any time by Harmon Enterprises upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at http://radicalproductivity.harmonenterprises.com/terms-and-conditions/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

SERVICE
Radical Productivity with Evernote is a membership site for online training, courses, resources and other content relating to using Evernote and other digital tools (the “Service”).

Any coaching/consulting purchased as part of a service package is defined as a virtual coaching with Stacey Harmon ("Coaching") for the time duration defined in the package purchased and is not included in all options for purchasing the Service. Any coaching services purchased as part of a Service package are subject to the additional terms and conditions found here: https://www.harmonenterprises.com/one-on-one-coaching-terms

Parties agree that the Service is in the nature of education. The scope of services provided by Harmon Enterprises according to this Agreement are limited to those listed on radicalproductivity.harmonenterprises.com website. Harmon Enterprises reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

EVERNOTE, the Evernote Elephant logo and REMEMBER EVERYTHING are trademarks of Evernote Corporation and are used under a license.This work is not written by or endorsed by Evernote Corporation or any other person, company or product recommend in the material.

USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Harmon Enterprises makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Harmon Enterprises disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Harmon Enterprises will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

PAYMENT
We offer both a one payment, and two payment plan options. For the one payment plan, full payment is due at time of enrollment. For the two payment plan, the first payment is due upon enrollment, and the balance due will be charged to the same payment method provided 30 days after the first payment is made. Both payment options will also create an ongoing automatic annual subscription of $99 on the same payment method that will begin 1 year after your enrollment date and can be cancelled at anytime. To cancel your automatic payment at any time during your active subscription to the course, email support <at> harmonenterprises.com with your name and order number and we will respond with confirmation of the annual reoccurring payment cancellation.

ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Harmon Enterprises when there are reasonable delays in the access of the Service.

Harmon Enterprises reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

Your active membership is for the lifetime of the Service. If for any reason, Harmon Enterprises should dissolve or cease to exist, then your access to the Service terminates.

CANCELLATIONS, REFUNDS & RETURNS
We offer a 30 day refund policy should you be unhappy with the Service. To apply for a refund, you must email support with an explanation of what you were expecting or looking for from the course that you did not find and we will be in touch. Submit your refund request to: http://radicalproductivity.harmonenterprises.com/extras/support/ or email support <at> harmonenterprises.com

Coaching purchased as part of a package that includes the Service are non-refundable.

You may cancel an annual subscription at any time, but no refunds will be made for any membership fees already paid (unless you apply for a refund within the first 30 days of your membership). Once you cancel, you will no longer have access to the Service, including all content and community resources, after your current membership period is completed.

PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

As a feature of the Service, Harmon Enterprises may provide access to a community or social media platforms in conjunction with the Service. Harmon Enterprises is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.

You agree that your use of these community and social media platforms is a privilege and Harmon Enterprises may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Harmon Enterprises will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Harmon Enterprises is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Harmon Enterprises' brand and image integrity.

INTELLECTUAL PROPERTY RIGHTS
The Site and Service contain intellectual property owned by Harmon Enterprises, including trademarks, copyrights, proprietary information, and other intellectual property. Harmon Enterprises copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Harmon Enterprises copyrighted materials shall remain the sole property of the Harmon Enterprises. No license to sell or distribute our materials is granted or implied. Other product and company names mentioned on this Site may be trademarks of their respective owners.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

User Supplied Content. By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Harmon Enterprises for promotional, business development, and marketing purposes, without compensation to you.

Personal Use. Harmon Enterprises grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Harmon Enterprises and Harmon Enterprises may terminate your use of this website at any time.

Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Harmon Enterprises prior express written consent.

CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, HARMON ENTERPRISES IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF HARMON ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HARMON ENTERPRISES' CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM HARMON ENTERPRISES, AND IF NO PURCHASE HAS BEEN MADE BY YOU HARMON ENTERPRISES CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Harmon Enterprises.

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Harmon Enterprises. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Harmon Enterprises 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 Harmon Enterprises 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 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.

INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Harmon Enterprises pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Harmon Enterprises shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Harmon Enterprises.

NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Harmon Enterprises
600 Congress Avenue
14th Floor
Austin, TX 78701
United States

RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Updated: October 2017