Privacy Policy

By voluntarily providing us your contact information in any form, or using ErickSimpson.com’s (hereinafter referred to as “ES”) Websites, Products and Services, (hereinafter referred to as “Services”), and its online properties and websites (collectively referred to herein as “Sites”), you consent to the terms of our privacy policy for the collection, use and disclosure of your personal information for the purposes set out below. We do not collect, use or disclose your personal information for any purpose other than those identified below, except with your consent or as required by law. The information we collect includes:

Site Activity Data

Each time you visit ES Sites, our web servers collect and log certain information. These access logs are kept for a reasonable period of time. These logs include but are not restricted to your machine’s TCP/IP address, your username (if applicable), date, time and files accessed. These logs also contain information about “referrer” information if you clicked on an external link that redirected you to a page within ES Sites.

Cookies

Portions of ES Sites may use cookies only for security and authentication purposes. This information is used solely to maintain your computer’s session to our servers. This information is not shared or sold to third party organizations for any purpose. If you do not enable, accept and allow the use of cookies in your web browser, this may have an impact on the functioning of ES Sites and your experience during your browsing sessions.

Collection of Personal Information

By providing us your contact information in any form, or using ES Sites and Services, you consent to our collection, use and sharing of your personal information as described in this policy. Your personal information is collected only when you voluntarily provide it by joining our mailing list, creating a Free or Paid Subscription, purchasing a product or service, completing a survey, entering a contest or promotion, registering for a course or online or live event, communicating with us, or using interactive portions of ES Sites.

Use of Personal Information

If you are a Mailing List Member or a Subscriber, we use the information we collect from or about you in order to help deliver a first-class user experience. Our use of this information may include the following:

  • To provide you with ES Sites and Services
  • To respond to your inquiries and contact you about changes regarding ES Sites and Services
  • To provide you with e-mail, fax and other notices (such as expiration and renewal notices) regarding your account and the products or services that you are receiving, and for billing and collection purposes
  • To contact you for ES or its third-party sponsors’ promotional purposes
  • To customize the Content you view, Tools you use and Assets you download
  • To fulfill your requests for support
  • To customize recommendations for you
  • To conduct research
  • To compile aggregate data for internal and external business purposes
  • To prevent potentially illegal activities
  • To protect your and our rights
  • For other uses in accordance with our Terms and Conditions of Service and any other purpose disclosed to you at the time we collect the information
  • When you register for an online or live event or survey, we will provide your registration information to the sponsor(s) of such event. We may also provide your information to sponsors of special sessions within the larger event.

 

Protection and Disclosure of Personal Information

The security of your Personal Information is very important to us and we use commercially acceptable means to maintain compliance with all regulatory laws governing its protection. Please remember that no method of transmission over the Internet or method of electronic storage is 100% secure, and no one can guarantee the absolute security of any information on the Internet.

We may provide your Personally Identifiable information to our sponsors and advertisers for marketing and/or analytical purposes. We may also provide your information to other third parties (and/or to their service providers on their behalf) to market their products or services under contractual requirement to keep Personally Identifiable Information confidential and use it only to market and provide their products or services. We may also disclose your Personally Identifiable Information:

  • When we believe such disclosure is required by law, regulation or securities exchange requirement or for the protection of persons or property
  • When disclosure is necessary to accomplish the purpose for which you provide it
  • To third parties engaged to provide services under contractual requirement to keep Personally Identifiable Information confidential and use it only to perform ES Services
  • To any successor pursuant to an asset sale, merger, consolidation, restructuring, reorganization, liquidation or other similar transaction involving ES or its Sites

 

Modification of Personal Information

If you are an ES subscriber you can modify your personal information or delete your account at any time by logging in and visiting your account profile page here. If you are not an ES subscriber you can request modification or deletion of your personal information by contacting us here.

E-commerce

Those who engage in transactions with ES ; by purchasing ES services or products, are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, ES collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with ES . When transacting on ES Sites, our e-commerce provider handles your personal information and keeps it safe and secure, and we cannot access your credit card or payment information. For e-commerce transactions, ES does not disclose personally identifying information other than as described herein. And visitors can always refuse to supply personally identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Opting Out of Future Communications

You may opt out of any future ES communications at any time by selecting the Unsubscribe link at the bottom of any of our email communications.

Notices

  1. Except as explicitly stated otherwise, all notices permitted or required under these Terms and Conditions of Service shall be by email, to us at info@ericksimpson.com, and to you at the email address you provide ES during the subscription process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.
  2. ES may modify its Terms and Conditions of Service  and Privacy Policy at its sole discretion by posting modifications on its websites. Your continued use of ES Sites and Services constitutes your acceptance of the modifications. If you do not agree to the modifications, you should cancel your subscription to the Sites and Services.

Questions About our Privacy Policy

If you have any questions about this Privacy Policy, the practices of; or your dealings with ES Sites and Services, you can reach us by contacting us here or mail us at:

ErickSimpson.com
2271 W. Malvern Ave., #169
Fullerton, CA 92833

General Terms and Conditions

These Terms of Service, including Legal Notices and Privacy Policy, contain the entire terms and conditions that apply to your use of ErickSimpson.com’s (hereinafter referred to as “ES”) Websites, Products and Services, (hereinafter referred to as “Services”), and its online properties and websites (collectively referred to herein as “Sites”).

These Terms of Service may be modified from time to time without notice.

These Terms of Service supersede any prior Terms of Service. The current version applies to your use of the Sites and Services both now and previously.

License

  1. ES provides a limited, nontransferable, nonexclusive, revocable license to create an Account and login credentials to post, comment and access any Free or Paid products and services you have registered for and purchased upon initial registration to the Sites and Services. You are responsible for maintaining the confidentiality of these credentials, and for any and all activities that occur under them. You agree to notify ES immediately of any unauthorized use of the login credentials or any other breach of security you become aware of by contacting us here.
  2. ES grants Members use of the content on its Sites for lawful purposes. You agree to comply with all local, state, national and international laws, including copyright laws. The use of the ES Sites or Services for any criminal or illegal activities is strictly forbidden, and ES will take legal action against violations of this policy.
  3. By subscribing, you hereby agree to access and use the Services for their intended purposes, and not for any other purpose or to alter the content and/or Services in any way, including, but not limited to, removing or deleting any copyright notices. You agree to comply with all local, state, national and international laws, including copyright laws.
  4. This license does not include the right to collect or use information contained on the ES Sites or Services for purposes prohibited by ES, to compete with ES or create derivative works based on any and all content obtained through the Services.
  5. You may not license, share with or sell to any 3rd party any content, information, documents, graphics or other materials or content obtained through your use of the Services, in whole or in part, for commercial or non-commercial purposes outside of your organization.
  6. Your access to or purchase of any of ES’s Sites and Services is limited to your sole use only. Resale or use of ES’s Sites and Services to seek financial gain from providing ES’s Sites and Services content to any third party, without the express prior written consent of ES, is strictly prohibited. By using ES’s Sites and Services, you acknowledge and agree that portions of the content may be provided to you by third-party licensors, and you hereby agree to adhere to and comply with any such third-party’s license(s) and to refrain from violating any such licensor’s intellectual property rights.

Content

  1. At any time, ES may add or enable features such as platforms, forums, blogs, rating systems or others that may enable Subscribers to post content to its Sites. When you post to the Sites, you understand and agree that this may be viewed and used by other visitors to the Sites. ES does not condone, and will not allow the publishing of explicit, unlawful or offensive content.
  2. By subscribing, you hereby certify that any content you post to the Sites is original and that no other person or entity holds copyright to that content. You further agree to grant ES a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from any content you post in any form, media or technology, whether now-known or hereafter developed.

Third Party Advertisements

  1. You acknowledge and agree that ES may feature advertisements from ES or third parties. ES’s disclosure of information for third party advertising is addressed in our Privacy Policy.

Links to Third Party Sites

  1. ES’s Sites and Services may provide links to other Web sites or resources over which ES does not have control (“External Web sites”). Such links do not constitute an endorsement by ES of those External Web sites. You acknowledge that ES is providing these links to you only as a convenience, and further agree that ES is not responsible for the content of such External Web sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

ES Rights

  1. You acknowledge and agree that ES reserves all intellectual and look and feel and copyrights to the layout, design, concept, content and organization of the ES Sites and Services.
  2. You acknowledge and agree that ES is the sole owner of all right, title and interest in the Services, the Sites, and all look and feel and content copyrights, patents, trademarks and other intellectual property rights therein.
  3. You acknowledge and agree that any use of the ES Sites, Services, technology, content, and/or look and feel and content copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement is strictly prohibited.
  4. You acknowledge and agree that the distribution of any ES Services, technology, look and feel or content copyrights, or other intellectual property obtained through the ES Sites to any third party not affiliated with your organization or company without the express written consent of ES is strictly prohibited. In addition, you agree not to copy the layout, design, concept and organization of the Sites or Services at any time.
  5. You agree not to use any of ES’s trade names, branding, service marks or any other trade insignia without ES’s prior written consent.
  6. You acknowledge and agree that ES, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of ES Sites or Services for any reason at any time. Such termination will result in the deactivation or deletion of your Account or your access to same, and the forfeiture and relinquishment of all content or data in it. ES reserves the right to refuse service to anyone for any reason at any time.

No Warranty

  1. Access to ES Sites and Services is provided “as-is”, “with all faults” and “as available”.
  2. ES does not guarantee the accuracy or timeliness of information available from the Sites and Services.
  3. ES makes no warranty that the Sites and Services will meet your requirements.
  4. No advice or information, whether oral or written, obtained by you through the Sites or Services shall create any warranty whatsoever, whether implied or otherwise.
  5. Technical support is only available by contacting us here.

Limitation of Liability

  1. You agree that in no event shall ES, its officers, directors, employees, vendors, advertisers or agents be liable to you in any manner whatsoever for indirect, special, incidental, punitive or consequential damages arising out of your use of the Sites or Services provided by ES, including but not limited to loss of data, profits or revenue.
  2. Your sole and exclusive remedy with respect to the use of the Sites or any Services provided by ES shall be cancellation of your Account and/or subscription to the Sites and Services.

Indemnification

  1. As a Subscriber or client, you agree to indemnify and hold harmless ES, its officers, directors, employees, vendors, advertisers and agents against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any breach of your covenants under this Agreement or your use of the Sites or Services.

Subscription Payment Terms

  1. Once initiated, your Free or Paid Subscription to all ES Sites and Services are maintained by you on a voluntary basis. You have the option of cancelling your Free or Paid ES subscription at any time with absolutely no obligation.
  2. A Paid Subscription is billed in advance on its anniversary date and is non-refundable. There will be no refunds or credits for partial months or years of service, or for months or years unused with an active account. In order to treat everyone equally, no exceptions will be made.
  3. All Paid Subscription fees are exclusive of any applicable taxes, levies, or duties you or your organization may be liable for, and you are solely responsible for payment of all such taxes, levies, or duties.
    Subscription

Subscription Cancellation

  1. You may cancel your Free or Paid Subscription at any time. Our Paid Subscription fee is prepaid so we simply require that you cancel prior to your monthly or annual renewal date or you will be charged your next month’s or year’s subscription fee.
  2. We do not prorate or refund our services.
  3. You and you alone are solely responsible for properly canceling your Free or Paid Subscription by logging in to the Sites and clicking on the My Account link in the gray navigation bar at the top of the screen, then selecting the Payment History link in the left navigation of the page. The Payment History page provides a simple Cancel Subscription link. You will receive a cancellation confirmation message on screen and by email.
  4. If you cancel your Paid Subscription before the end of your current paid-for month or year, your account will be converted to a Free Subscription immediately and you will not be charged again.
  5. Upon cancellation of a Paid Subscription and conversion to a Free Subscription:
    1. You and your staff must immediately cease usage of all resources obtained from ES’s Sites and Services through your Paid Subscription. This includes all files, tools and calculators downloaded by you or your staff via your Master Account and any Sub Accounts during your active subscription.
    2. You and your staff will no longer have access to Masterclasses, Mini-Masterclasses, Hiring & HR tools, Audio Books, Best Practice Guides, Books, Business Processes, Calculators, Documents, Forms, Tools, Marketing Collateral, KPIs, Slide Decks, Videos and Webinars that are not included in the Free Subscription.
    3. You and your staff will no longer have access to structured Training Courses, Lessons and their associated downloads and resources you have enrolled in that are not included in the Free Subscription
    4. If you have redeemed your Free Website benefit as a Paid Subscriber, your Free Website will be deleted and unrecoverable from our hosting systems. Should you decide to cancel your Paid Subscription, you always have the option to purchase your WordPress Website directly and migrate it to a host of your choice. Please click here for more information and current pricing.

PLEASE NOTE THAT YOU AND YOU ALONE ARE SOLELY RESPONSIBLE FOR PROPERLY CANCELING YOUR SUBSCRIPTION BY FOLLOWING THE INSTRUCTIONS IN THIS SECTION. UNTIL YOU PROVIDE US WITH A COMPLETED CANCELLATION REQUEST, YOUR ACCOUNT WILL BE CHARGED MONTHLY FOR YOUR SUBSCRIPTION FEE. INACTIVITY IN YOUR ACCOUNT WILL NOT CONSTITUTE A CANCELLATION.

Severability

  1. The failure of ES to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and ES and govern your use of the Sites and Services, superseding any prior agreements between you and ES (including, but not limited to, any prior versions of the Terms of Service).

Applicable Law and Jurisdiction

  1. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, United States.

Notices

  1. By subscribing, you consent to receiving electronic communications from ES and its partners and affiliates according to our Privacy Policy. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Sites and/or Services. These electronic communications are part of your relationship with ES and you receive them as part of your use of ES’s Sites and Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  2. Except as explicitly stated otherwise, all notices permitted or required under these Terms of Service shall be by email, to us at info@ericksimpson.com, and to you at the email address you provide ES during the subscription process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.
  3. ES may modify these Terms of Service at its sole discretion by posting modifications on its websites. Your continued use of the Sites and Services after notices of modification constitutes your acceptance of the modifications. If you do not agree to the modifications, you should close your Account and cancel your subscription to the Sites and Services.

MSP Mastered® Coaching Program Terms and Conditions

These Terms and Conditions, inclusive of the General Terms and Conditions contain the entire MSP Mastered® Coaching Program Terms of Service and supersede any prior Terms of Service. The current version applies to your use of the MSP Mastered® Coaching Program both now and previously.

  1. MSP Mastered® Coaching Program Definitions
    1. “Coaching” means providing assistance and guidance to a business owner in running a business by helping them clarify the vision of their business and how it fits in with their personal goals. Further, it is a process that assists the owner in setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, asking clarifying questions, and providing models, examples, and in-the-moment skills training and keeping them accountable so that they achieve success in taking their business from where it is now to where the business owner wants it to be.
    2. “Coach” means the person who provides Coaching for the business owner. The Coach promises that all information provided by the client will be kept strictly confidential, as permissible by law.
    3. “MSP Mastered® Coaching Program” means the set of trademarked processes, techniques, training and tools developed by Erick Simpson to improve a technology business’s performance delivered through a mixture of online Masterclasses, videos, webinars, downloads, templates and coaching calls.
    4. “Intellectual Property Rights” means
      1. Any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and service marks, copyrights, MSP Mastered® Coaching Program materials, database rights, know-how, rights in designs and inventions
        1. Rights under licenses, consents, orders, statutes or otherwise in relation to a right in paragraph 1.D.i
      2. Rights of the same or similar effect or nature as or to those in paragraphs 1.D.i and 1.D.ii which now or in the future may subsist
      3. The right to sue for past infringements of any of the foregoing rights
  1. ES Obligations
    1. ES will provide a Coach capable of presenting the MSP Mastered® Coaching Program
    2. ES will deliver the MSP Mastered® Coaching Program with reasonable skill and care
    3. ES will provide an alternative Coach and will make alternative arrangements with you if for any reason the Coach assigned to any MSP Mastered® Coaching Program is not available and the non-availability of a Coach will not entitle you to take any action for breach of the agreement between us
    4. You acknowledge that ES does not warrant that it will always be able to supply a Coach to deal with or complete any MSP Mastered® Coaching Program within a specific period of time and that time is not of the essence in the delivery of the MSP Mastered® Coaching Program.
      You acknowledge that ES has the right, at its sole discretion, to change the content of any of the MSP Mastered® Coaching Program, how the MSP Mastered® Coaching Program is delivered, the dates upon which each part of the MSP Mastered® Coaching Program is provided and the Coaches
  1. Your Obligations
    1. You acknowledge and agree that you or the person undertaking the MSP Mastered® Coaching Program will attend and participate in all parts of the program no matter how it is provided and will complete all and any assignments that are required to be completed as part of the program
    2. You acknowledge and agree that you will make every effort to be on time to all appointments. If you will be late, notify the Coach in advance. If you will miss an appointment, notify the Coach at least 48 hours in advance. Appointments missed without 48 hours’ notice will only be rescheduled at the Coach’s discretion.
    3. You acknowledge and agree that you will be honest and participate fully. Recognize that our sessions are a safe place to look at what you really want, and what it will take to make it happen.
    4. You acknowledge and agree that you will make a commitment to the action plans you create and do what you have agreed to do
    5. You acknowledge and agree that the power of the coaching relationship can only be granted by you and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate, and take action to return the power to the relationship.
    6. You acknowledge and agree that ES cannot guarantee that any participant will achieve any specific result as a result of taking the MSP Mastered® Coaching Program
    7. You acknowledge and agree that if ES or a Coach requires any input from you while delivering the MSP Mastered® Coaching Program, you will provide it in a reasonable and timely manner
    8. You acknowledge and agree that any delay in the provision of the MSP Mastered® Coaching Program resulting from your failure or delay in complying with any of the provisions of program will not be the responsibility or fault of ES or a Coach

  2. MSP Mastered® Coaching Program Procedure
    1. The coaching call schedule will be arranged between Coach and the client and can be booked up to three months in advance. The coaching call schedule may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the MSP Mastered® Coaching Program terms and conditions.
    2. Coaching calls will take place between the client and their coach using a videoconferencing platform and leveraging video and desktop-sharing technologies.
    3. The Coach will assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these tasks, but not doing so may slow the client’s progress in achieving their desired business or personal outcomes.
    4. Where possible, clients are requested to submit any information requested by Coach relating to assignments at least 24 hours before the coaching session when they are to be discussed. The Coach will provide feedback on completed tasks and actions during coaching sessions.
    5. The client may contact the Coach by phone or email between sessions to share a success or seek clarification on a coaching issue.
    6. Support between sessions is seen by ES and a Coach as a necessary part of the coaching process, and will be evaluated on a reasonable and fair usage basis. Should a Coach determine in their sole discretion that the current MSP Mastered® Coaching Program tier the client has subscribed to is insufficient or unrealistic in its ability to meet client goals, the Coach will recommend upgrading client’s coaching plan to a more appropriate (higher) level

  3. MSP Mastered® Coaching Program Fees and Payment
    1. The minimum commitment to engage in an MSP Mastered® Coaching Program is binding for a period of three months, and once completed can be extended for additional three-month periods by the client.
    2. Fees will be due and payable monthly in advance, and we do not prorate or refund our MSP Mastered® Coaching Program Fees

  4. Intellectual Property Rights
    1. ES will retain ownership of any and all Intellectual Property Rights that may subsist in anything produced by providing the MSP Mastered® Coaching Program. Throughout the term of the agreement between us, ES will be deemed automatically to grant a royalty-free, non-exclusive licence of any and all such rights to the Client to use the same in accordance with these Terms and Conditions.

  5. Liability
    1. Neither ES, any of its staff or any Coach will be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you or the individual receiving the MSP Mastered® Coaching Program or coaching arising directly or indirectly from or in any way connected with the MSP Mastered® Coaching Program or coaching or with any failure by ES to introduce or supply a Coach and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with the failure of the MSP Mastered® Coaching Program to meet your requirements.

  6. Disclaimer
    1. You acknowledge and agree that neither ES or the Coach is qualified to give legal, financial or any other professional advice and that any advice given is generic in nature and that you will at all times seek full independent professional advice before taking any action on any such advice tendered by ES or the Coach
    2. You acknowledge and agree that ES does not and cannot guarantee that you will receive any specific results from the MSP Mastered® Coaching Program or any action you take as a result of having taken the MSP Mastered® Coaching Program and you acknowledge and accept that any results you achieve are dependent upon your having completed the MSP Mastered® Coaching Program successfully and correctly applying the techniques and advice it provides in a way which is suitable for the business you operate and that ES or the Coach has no control of your use of the advice offered

  7. Relationship of the Parties
    1. Nothing in these Terms and Conditions nor in the relationship between us will constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the parties other than the contractual relationship expressly provided for in these Terms and Conditions.

  8. Applicable Law and Jurisdiction
    1. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, United States.

  9. Notices
    1. By engaging to the the MSP Mastered® Coaching Program, you consent to receiving electronic communications from ES and its partners and affiliates according to our Privacy Policy. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Sites and/or Services. These electronic communications are part of your relationship with ES and you receive them as part of your use of ES’s Sites and Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
    2. Except as explicitly stated otherwise, all notices permitted or required under these Terms of Service shall be by email, to us at info@ericksimpson.com, and to you at the email address you provide ES during the subscription process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.
    3. ES may modify these Terms of Service at its sole discretion by posting modifications on its websites. Your continued use of the Sites and Services after notices of modification constitutes your acceptance of the modifications. If you do not agree to the modifications, you should close your Account and cancel your subscription to the Sites and Services.