Zimmerman Events
Terms and Conditions of Use
Welcome to Zimmerman Events! We invite you to access and use our website (www.zimmermanevents.com). Our website and its contents are provided to you subject the following Terms and Conditions of Use (the “Terms”) and all applicable laws. Please carefully read the Terms before using our website. By accessing, browsing, or otherwise using our website, you agree to be legally bound by the Terms. If you do not agree to the Terms, in part or in whole, please immediately discontinue your use of our website. By using our website, you accept, without limitation or qualification, the Terms and acknowledge that any other agreements between you and Zimmerman pertaining to these Terms are superseded and have no force or effect.
All copyrights, trademarks, trade names, logos, and other intellectual property rights (registered and unregistered) contained or incorporated in the website are the property of, and belong solely to, Zimmerman. Nothing in the Terms grants you a right or license to use any copyrighted material, trademark, trade name, logo, or other intellectual property of Zimmerman, except as expressly provided in these Terms. No Zimmerman content may be copied, reproduced, republished, uploaded, posted, modified, transmitted, distributed, used for public or commercial purposes, or downloaded unless written permission is expressly granted by Zimmerman. You may not distribute, modify, transmit, or use the content of the website for public or commercial purposes without the express consent of Zimmerman.
All content on the website, unless otherwise noted, is the property of Zimmerman and/or a supplier to or customer/client of Zimmerman. No such materials may be used except as provided in these Terms.
Zimmerman may terminate your access immediately and without notice if, in Zimmerman’s sole discretion, you fail to comply with any term or provision of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas and are subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. By using the website, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms. These Terms constitute the entire agreement between Zimmerman and you relating to your use of the website. The failure of Zimmerman to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.
Zimmerman’s website content and affiliate links are provided to you AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Zimmerman makes no warranties or representations to the accuracy of the content of the website. Zimmerman assumes no liability or responsibility for errors or omissions on the website or in its contents. Use of the Zimmerman website is at your own risk.
In the course of your use of the website and any purchases, downloads, or anything of the sort from the website, Zimmerman will collect certain personal information in order to record and support your participation in the activities, purchases, or services you select. Zimmerman will collect personal identification information from you only if you voluntarily submit such information to Zimmerman. Zimmerman will not intentionally disclose any personally identifying information about you to third parties, except where Zimmerman believes in good faith that such disclosure is necessary to comply with these Terms or any applicable laws.
When you use the website, Zimmerman or its authorized technology service provider may also collect information from you to facilitate your use of the website and its services. Zimmerman uses this information to administer the website and to understand and measure traffic patterns. The information is collected in aggregate form, without identifying you or any other user individually. Zimmerman may use this aggregate, non-identifying information and data for analysis, marketing, or similar promotional purposes. Zimmerman often tracks this data by its technology service provider by using “cookies” during your visit. You can set your internet browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. Users choosing not to accept cookies may not be able to access all pages on the website, since some pages require an authorization.
While Zimmerman is committed to keeping your personal information private and secure, Zimmerman will release specific information about you or your account in order to comply with any valid legal inquiry or process (such as a warrant, subpoena, statute, or court order). Zimmerman also will release specific information in special cases, such as if there is an attempted breach of the security of the website or if there is a physical or property threat to you or others. Zimmerman may transfer user information in connection with a corporate merger, consolidation, asset sale, or other fundamental corporate change. Further, the information you enter when making a purchase or online donation on Zimmerman’s website will be shared with payment processors, financial gateways, and your credit card or other payment company to authorize the payment. Such information may be shared with necessary third parties for the purpose of carrying out the transaction. If you provide personal information online through a discussion board or posting site, such information can be collected and used by third parties; you disclose such information at your own risk.
All purchases from Zimmerman’s website are non-refundable and non-transferrable.
Certain programs (such as Adobe Reader) may be required for purchases from Zimmerman’s website. Please contact Zimmerman for additional information.
These Terms may be revised from time to time by updating this posting. You are bound by any such revision.
Services
In addition to the Terms listed above, the following also apply to Zimmerman’s mentoring services, purchases made in the Zimmerman shop, and Zimmerman speaking engagement appearances.
In exchange for payment for Zimmerman’s mentoring services, purchases made in the Zimmerman shop, or Zimmerman speaking engagement appearances, such products or services are being provided solely to you, for your personal or internal business purposes, and not for any commercial purpose. You may not display, reproduce, copy, create or derivative works from, sell, distribute, or disclose the items or services, or any part thereof, to any other person or entity. Anyone who does the foregoing without Zimmerman’s prior written consent is liable for copyright infringement and any other applicable claims.
As stated above, Zimmerman’s items and services are provided to you as is, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow for the exclusion of implied warranties, the above inclusion of implied warranties may not apply to you.
No items, services, or advice from Zimmerman is to be construed as a guarantee or predictor of your own personal or business success. Nothing in these Terms, on this website, or provided by Zimmerman to you shall be considered to be a promise or guarantee.
In no event shall Zimmerman be liable for any special, incidental, indirect, punitive, reliance, or consequential damages, whether foreseeable or not, caused by any services or items provided to you.
Collection of your personal information
Unless we expressly note otherwise, we do not collect personally-identifiable information from users of our site. When you visit our site, some information about your computer hardware and software is inherently automatically collected, such as your IP address, domain name, browser type, access time and referring website addresses. We typically do not use this information for any purpose, but an example of when we may use this information is in implementing improvements and analyzing the site and for troubleshooting purposes. We also utilize this information to monitor and improve services and to ensure that your use of the site is in compliance with our Terms of Use. Some services, such as email opt-ins may require you to provide us with Personal Data. In such a case, you may choose to without any Personal Data requested by us, but it may not be possible for you to gain access to certain parts of the site or content. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
Contact Us
If you have any questions about these Terms, please contact Zimmerman at: kellie@zimmermanevents.com.
International privacy laws and your rights under the GDPR
If you are visiting the site from outside the United States, please be aware that you are sending information to the United States where our servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive protective as your country of residence; however, our collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy.
If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to our support email address. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.
Cookies: What they are, and why they are needed
A cookie is a data text file sent from a website to your browser, for the purpose of identifying the user and allows access to portions of the website, thus alleviating the need to continually log in with your username and password. Cookies may be stored within your system. To the extent we use cookies, we can only access information from a cookie sent by the site, not other websites. We may use cookies to personalize your visit to our site, because tracking usage allows me to best determine the needs of my customers and advertisers.
Policy with minors
Our site is not intended for individuals under the age of 18. If you are under 18, you may only use the site under the supervision of a parent or guardian. We do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. We do not sell products or services intended for purchase by children. If we discover or are otherwise notified that we have received any such information from a child in violation of this policy, we will delete that information.
Data retention
We only retain Personal Data collected from Users for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with my legal obligations, resolve disputes, and enforce my agreements for a period of 7 years.
Non-Disparagement Agreement
By accepting the services, products, or courses of Zimmerman, you agree not to publish to any website, forum, or social media service negative reviews or disparaging comments or statements about Zimmerman, its services, products, courses, owners, or employees.
When you use the website or purchase any service, product, or course from Zimmerman, you agree not to engage in any form of conduct or make any statements or representations that disparage or otherwise harm the reputation, goodwill, or commercial interests of Zimmerman.
You understand that should you violate this agreement, Zimmerman will suffer irreparable harm and damages. You agree that actual damages would be difficult or impossible to ascertain. You further agree that liquidated damages in the amount of $25,000.00 per publication, posting, conduct, or statement that violates this agreement is a reasonable estimate of the damages incurred or to be incurred by Zimmerman. You agree that the amount of liquidated damages is fair and reasonable and does not act as a penalty to you, but rather a reasonable fee associated with the damages Zimmerman will suffer.
You also agree that Zimmerman may prevent or cure breach of this agreement by appropriate injunctive relief. By accepting the terms of this non-disparagement agreement, you authorize Zimmerman to present this agreement to any online or print service provider as an agreement by you to allow Zimmerman to request and authorize removal of any negative review or disparaging comment or statement.
You agree that consideration has been exchanged between Zimmerman and you to allow this agreement to be in full force and effect.
The Business Behind the Blooms
Terms and Conditions of Use
Please read these Terms and Conditions of Use (the “Terms”) carefully before downloading the “Business Behind the Blooms” course document (the “Course”) provided to you by Clay Zimmerman, Inc. d/b/a Zimmerman (“Zimmerman”). By signing this contract, you agree to be bound by these Terms:
Non-refundable, non-transferrable.
Zimmerman has the sole discretion to refuse the sale of the Course and to revoke access to the Course if you do not follow the Terms.
All copyrights, trademarks, trade names, logos, and other intellectual property rights (registered and unregistered) contained or incorporated in the Course are the property of, and belong solely to, Zimmerman. Nothing in the Terms grants you a right or license to use any copyrighted material, trademark, trade name, logo, or other intellectual property of Zimmerman, except as expressly provided in these Terms.
In exchange for your payment for the Course, the Course is being provided solely to you, for your personal or internal business purposes, and not for any commercial purpose. You may view the Course electronically on the device on which it was downloaded. You may not print the Course. You may not e-mail the Course. You may not take screen shots or images of the Course. You may not display, reproduce, copy, create derivative works from, sell, distribute, or disclose the Course, or any part thereof, to any other person or entity. Anyone who does the foregoing without Zimmerman’s prior written consent is liable for copyright infringement and other applicable claims.
The Course is provided to you AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Zimmerman may terminate your access to the Course immediately and without notice if in Zimmerman’s sole discretion you fail to comply with any term or provision of these Terms. Upon such termination, you must cease use of the Course and destroy any printed or electronic copies of the Course.
These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas and are subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. By using the Course, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms. These Terms constitute the entire agreement between Zimmerman and you relating to your use of the Course. The failure of Zimmerman to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.
You will receive specific instructions in your inbox on how to view the Course. These instructions must be followed in order to view it. Please do not hesitate to contact us if you have any trouble. You must have one of the following operating systems in order to view the Course: Windows, Mac, iOS, or Android. There are not any web-based viewers.
Payment Plans
If you signed up for a payment plan to purchase the Course, you are agreeing to make all payments for the Course. You may not cancel at any time.
Your payment will occur on the same day each month that you made your first payment (i.e., if you purchased the course on September 10, all of your payments will be on the 10th each month).
Should you fail to make a payment, we will continue to attempt to charge your card. After the first failed attempt, we will suspend access to the Course until payment is made. If we are not able to obtain payment from you, we will proceed to exercise all legal rights and remedies we have against you for breaching the Terms of this contract. In such event, you may be responsible for all attorneys’ fees and other costs of collection incurred by Zimmerman in enforcing its rights under this contract.
Non-Disparagement
By accepting the services, products, or courses of Zimmerman, you agree not to publish any website, forum, or social media untrue negative reviews or disparaging comments or statements about Zimmerman, its services, products, courses, owners, or employees.
When you use the website or purchase any service, product, or course from Zimmerman, you agree not to engage in any form of conduct or make any statements or representations that disparage or otherwise harm the reputation, goodwill, or commercial interests of Zimmerman.
You understand that should you violate this agreement, Zimmerman will suffer irreparable harm and damages. You agree that actual damages would be difficult or impossible to ascertain. You further agree that liquidated damages in the amount of $25,000.00 per publication, posting, conduct, or statement that violates this agreement is a reasonable estimate of the damages incurred or to be incurred by Zimmerman. You agree that the amount of liquidated damages is fair and reasonable and does not act as a penalty to you, but rather a reasonable fee associated with the damages Zimmerman will suffer.
You also agree that Zimmerman may prevent or cure breach of this agreement by appropriate injunctive relief. By accepting the terms of this non-disparagement agreement, you authorize Zimmerman to present this agreement to any online or print service provider as an agreement by you to allow Zimmerman to request and authorize removal of any negative review or disparaging comment or statement.
You agree that consideration has been exchanged between Zimmerman and you to allow this agreement to be in full force and effect.
Contractual Responsibility
By signing this agreement, you agree to all information stated above and to full responsibility for agreed upon service fees. Payments will be made on time. You agree to respond in a timely manner to inquiries from Zimmerman regarding the Course and payment issues and Zimmerman agrees to do the same. Zimmerman has the sole discretion to revoke access to the Course if you do not follow the Terms.