Terms and Conditions
Last Updated: October 5, 2025
By visiting and using EricaKirby.com (hereinafter the “Website”), you accept and agree to be bound by these Terms and Conditions, including our Disclaimer, Privacy Policy, and any other policies posted on the Website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits, and/or views the Website. Erica Kirby LLC (“Company,” “I,” “we,” or “us”) reserves the right to amend or modify these Terms and Conditions in its sole discretion at any time without notice, and by continuing to use the Website, you accept those amendments. It is your responsibility to periodically check the Website for updates. Your continued use after changes are posted constitutes your acceptance of those changes. You must not access or use the Website if you do not wish to be bound by these Terms and Conditions.
Age and Geographic Restrictions
All information and content on this Website is intended for individuals over the age of 18. Children, as defined in our Privacy Policy, are prohibited from using this Website. We do not offer products or services to individuals living in the European Union and make no representation that any content, products, or services on the Website are available or appropriate for use in other jurisdictions, including the EU.
Privacy Policy
Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information about how we collect, use, and protect your data.
Disclaimer
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review our Disclaimer for details on the limitations of liability and warranties.
Mandatory Arbitration and Governing Law
You expressly waive your right to bring any legal claims, now or in the future, arising out of or related to the Website and our products/services. In the event of any dispute, claim, or controversy arising out of or relating to your use of this Website, these Terms and Conditions shall be governed by the laws of [Your State], United States.
You agree to submit to the exclusive jurisdiction of the state and federal courts located in South Carolina without regard to conflict of law principles. You further agree that any dispute shall first be submitted to mandatory, binding arbitration in South Carolina, and you shall bear the full cost of arbitration as permitted by law. Good-faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies. If litigation is initiated following arbitration, the prevailing party is entitled to recover reasonable attorneys’ fees and costs.
Intellectual Property
All content on this Website—including but not limited to text, logos, graphics, images, videos, audio, code, and designs (“Content”)—is owned by Erica Kirby LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, revocable license to download or print Content for personal, non-commercial use only. Any other use, including reproduction, distribution, modification, or creation of derivative works, is strictly prohibited without prior written consent.
User Content and Lawful Use
Any content you upload, post, transmit, or submit to this Website (“User Content”) must be original and not infringe on any third-party rights. By submitting User Content, you grant Erica Kirby LLC a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, and distribute that content on the Website and related media.
You agree not to post or transmit any unlawful, defamatory, abusive, obscene, or harmful content, nor to distribute malware or attempt to gain unauthorized access to the Website. You are solely liable for any damages resulting from your breach of these obligations.
Third-Party Links
The Website may contain links to third-party sites or resources. We do not control and are not responsible for their content or practices. Once you click a third-party link, you are no longer bound by our Terms and must review their policies. Transactions and interactions with third-party sites are at your own risk.
Use of Products and Courses
We may offer free resources as well as paid courses, programs, and digital products (“Products”). You are granted a limited, non-exclusive, non-transferable license to use these Products for personal, non-commercial purposes only. You may not share, sell, modify, or distribute any Products without express written permission.
Termination
We reserve the right to refuse or terminate your access to the Website or any Content at any time, without notice, for conduct that we deem violates these Terms or is harmful to other users or the Website.
No Refunds
All sales of Products and services are final. No refunds will be issued unless required by law.
No Warranties
The Website and all Content, Products, and services are provided “AS IS” and “AS AVAILABLE,” without any warranties, express or implied, to the fullest extent permitted by law. Erica Kirby LLC disclaims all warranties, including merchantability and fitness for a particular purpose.
Limitation of Liability
Under no circumstances shall Erica Kirby LLC or its affiliates be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Website, even if advised of the possibility of such damages. Your use of the Website is at your own risk.
Indemnification
You agree to indemnify, defend, and hold harmless Erica Kirby LLC and its affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your use of the Website or violation of these Terms.
Entire Agreement and Severability
These Terms, together with the Privacy Policy and Disclaimer, constitute the entire agreement between you and Erica Kirby LLC regarding the Website. If any provision is found invalid, the remainder shall remain in full force and effect.
Contact
For questions about these Terms and Conditions, please contact us at:
Email: ekirby@ericakirby.com
By using this Website, you acknowledge that you have read and agree to these Terms and Conditions.