Terms of Service & Privacy Policy for

www.DrMerleRay.com, www.MerleRay.com, www.myBestSeller.org, www.ElevateYourBrilliance.com, and other websites owned by The Noble Groups of Merle Ray

This agreement is a partnership between myself (the seller/consultant/coach) and you (the customer/visitor/client).

My role:

  1. If you have purchased a subscription offer which specifically includes live 1-on-1 assistance, otherwise known as consulting or coaching, I will listen to your questions about the online materials, answer questions about the online materials and give feedback about the lessons and teachings in the online materials. This item applies to only offers involving live consulting, coaching, or live assistance via phone. If you requested private 1-on-1 calls or meetings in person, you may be required to read and review a separate client service agreement which is governed by our separate custom agreements and arrangements.
  2. We can’t guarantee results in life as these are dependent upon us creating the changes we need to achieve them. I will do my best to help you reach the goals you set for yourself, but the ultimate responsibility lies with you taking responsibility for the success you want.
  3. I may ask you to work on various items between work sessions by assigning to-do items, thought-provoking, and inspiring journal assignments as outlined in the online teaching materials, action items, and other online coaching tools. It is your decision to carry out these coaching requests or not.
  4. Developing trust is of the utmost importance and trust can’t be developed without confidentiality. Please know, anything you share on this website, blog posts, online comments, will be kept strictly confidential unless you opt to make it visible on the website. You can also opt to keep your work offline only by downloading the electronic books and materials posted to your computer. In this case, you would not be responding publicly to any comments, discussions or blog posts, etc. Instead, you would be completing the electronic pdfs and journal postings, homework progress, goals, etc. confidential so that only you can view them and only I can see them – and not the general public. Any documents for your private notes can only be seen by you unless you decide to share them or make them visible on the website.

Your role:

  1. Make your goals a priority in your life. Make sure you give yourself time each week to complete your chosen work plan and instructions.
  2. Acknowledge that you are committed to moving forward to a more positive personal, spiritual, professional, and social life. You are taking responsibility for the effects of your thoughts, feelings and actions, and recognize that blaming others (if you ever do that – and we as humans sometimes do) is not helpful.
  3. Be open to grow spiritually, personally, professionally as you desire; be open to trying something new. Be willing to look at your patterns and beliefs and change what isn’t working. Don’t expect to get the solutions or answers you need all resolved within yourself or others overnight; but instead be willing to seek God, explore insights into His Word, take spiritual lessons and apply them in your life. Explore your understanding of the Fruit of the Spirit from God’s Word and apply how they might look in your life, what works and what doesn’t work for you, and what you are learning about yourself and your life through your belief in Christ as your personal Savior.
  4. Developing trust is of the utmost importance and trust can’t be developed without confidentiality. Please know, anything you share on this website is public and you when you create posts, you are electing  to make it visible to the rest of the group. You can select to keep your materials private such as any blog posts, journal postings, homework progress reports or goal progress reports confidential so that only you can view them and only I can view them by not posting publicly, and using the downloadable version only of the e-Books and materials online. That way, only you and I or my administrative personnel will be able to see them – and not the general public and other participants. Any documents you download from my website are for your private use only and not your commercial use or public sharing or distribution to others. You cannot copy these materials to use in your own groups, classes, coaching or other business. Again, these items can only be seen by you unless you decide to post or share them or make them visible on my website.

Payment:

  1. Fees are based on the product or package you have purchased.
  2. Payment is made online before access to services and products is made. Subscriptions are deducted at monthly regular intervals, and can be cancelled any time. To cancel, access us via email and let us know within two-weeks, preferably. Once a live session is scheduled, then it is expected to continue, and a live session is not expected to be cancelled after it is booked.
  3. All payments will be followed by a Paypal or other online payment gateway receipt or paid invoice as proof of payment.

Cancellation of this Agreement:

  • For coaching online courses subscription plans – or subscription services: You can cancel payment for this online service for up to 60 days after purchase as long as you have NOT accepted the agreement (which activates any coaching you have selected).
  • Just provide us a written notice of cancellation via email. If you have purchased a subscription coaching package, you may cancel at any time, but as a courtesy we ask that you give us two-weeks’ notice so that we can plan our schedules accordingly.
  • Once cancellation notice is received, your subscription will expire at the end of the current billing period which is set for one month.
    Dispute resolution:
  • If a dispute arises between us which cannot be resolved, we agree to enlist the services of an independent arbitrator. The independent arbitrator will resolve the dispute with fees to be split between the parties.

Disclaimer:

  • If you subscribe to live coaching services only – I will work with you on your requests relating to goal achievement, and finding greater fulfillment in your spiritual, business/work or personal life as specified in your requests – only after we both mutually agree in writing to work together. I am qualified in this regard only as a professional coach and licensed minister working with individuals and groups; I have mentored and coached in my business and spiritual life for over 20 years, and I am agreeing to provide my written coaching tools and online courses to you online only – unless we enter into another written agreement for additional services.
  • You acknowledge that I have no special training or qualification as a licensed professional psychiatrist, counselor, financial advisor, doctor, health professional, legal professional, tax or business expert or the like and by offering the tools and services on this website, I am not acting as one in any capacity. I am not qualified to diagnose any medical condition or provide psychological counseling, behavioral counseling or psychotherapy/psychoanalysis, and neither am I presenting such.

You acknowledge by continuing to click through this sign-up process that you have read and agree to the terms of the above agreement, and that you will read through the next Web Site End User License Agreement and agree to its terms and conditions as well before proceeding to sign up for services described herein and on this web site. Your continued click-through serves as your agreement.

First name Last Name
Signature Date Signed

WEB SITE END USER LICENSE AGREEMENT
__________________________
IMPORTANT INFORMATION – PLEASE READ CAREFULLY

The herein contained License Agreement (“License” or “EULA”) shall be considered a legally binding agreement between You (as an individual or an entity, who then shall, within the constraints of this agreement, be referred to as “You” or “Your”) and MERLE RAY for the use of the specified software application of MERLE RAY Website, which may include related printed material, media and any other components and/or software modules, including but not limited to required drivers (“Product”). Other aspects of the Product may also include, but are not limited to, software updates and any upgrades necessary that MERLE RAY may supply to You or make available to You, or that You could obtain after the initial copy of the Product, and as such that said items are not accompanied by a separate license agreement or terms of use.

BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE PRODUCT.

This Product is hereby protected by copyright laws, as well as any other intellectual property laws. This Product is licensed and not sold.

LICENSE GRANT
MERLE RAY shall grant to you a non-exclusive license for the use and installation of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software upgrades provided by MERLE RAY that would replace, over write and/or supplement the original installed version of the Product, unless those other upgrades are covered under a separate license, at which those terms of that license will govern.

TERMINATION
Should you breach this EULA at any time, your right to the use of the Product will then immediately terminate and shall terminate without any notice being given. However, all provisions of this EULA, with the exception of the License Grant , will remain in effect and thus shall survive termination. Upon termination of the License Grant, You MUST destroy any and all copies of the Product.

COPYRIGHT
The aforementioned Product is protected by copyright and other intellectual property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material, with the exception that it is allowable for you to make copies as provided by the License. However, printed material, which may accompany any offered content, may not be copied.

RESTRICTIONS ON USE
As a Licensee, You may not:
(a) Make use of the offered content on more than one computer at a time, without prior purchase of additional licenses;

(b) You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content;

(c) Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within Your work in accordance with this License;

(d) Reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code;

(e) Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or

(f) Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.

UPDATES
MERLE RAY may find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of MERLE RAY to make conditional releases of said upgrade to you upon your acceptance of another EULA or execution of another separate agreement. Should you elect to install and make use of these updates, you are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement.

DISCLAIMER OF WARRANTY
With regard and with relationship to the maximum extent permitted by applicable law, Turning Point Live, and, if applicable, related suppliers, shall provide the Product and any support services, if needed, related to the Product, and hereunto disclaim all warranties and conditions, either express, implied or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the Product, and the provision of or failure to provide Support Services. FURTHERMORE, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARDS TO THE HEREIN CONTAINED PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REST WITH YOU.

LIMITATION OF LIABILITY AND REMEDIES
In spite of any damages that you may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of MERLE RAY and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by you for this Product . Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.

EXPORT CONTROLS
By clicking on the install button, you hereby agree that you will comply with any and all applicable export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not to export or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade embargoes or to any prohibited destination, in any group specified in the current “Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations).”

U.S. GOVERNMENT END USERS
The offered content is licensed by the U.S. Government with RESTRICTED RIGHTS. The use, duplication of, or the disclosure by the U.S. Government, shall be subject to restrictions in accordance with DFARS 252.227-7013 of the Technical Data and Computer Software clause, and 48 DCR 52.227-19 of the Commercial Computer Software clause, as applicable.

MISCELLANEOUS
This EULA, in its entirety, shall be legally binding upon and inure to the benefit of MERLE RAY and you, our respective successors and permitted assigns. Should any of this provision be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this EULA. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall only be effective when done so in writing and signed off by MERLE RAY and you. This EULA shall be governed solely by the laws of the State of and of the United States. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in the appropriate federal or state court in , , and as such, you and MERLE RAY irrevocably consent to the jurisdiction of said court and venue for
MERLE RAY
HOUSTON, TX
(281) 827-4396

PLEASE READ THIS PRIVACY POLICY CAREFULLY

BY SIGNING UP FOR DR MERLE RAY.com (THE “COMPANY”) ACCOUNT AND/OR USING ITS PRODUCTS, SERVICES, WEBSITES AND MOBILE APPLICATIONS, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS PRIVACY POLICY. ANY USER’S USE OR CONTINUED USE OF THE COMPANY’S PRODUCTS, SERVICES, WEBSITES OR MOBILE APPLICATIONS CONSTITUTES ACCEPTANCE OF THIS PRIVACY POLICY.

  1. Privacy Policy (“Policy”):The Company cares about your privacy. For this reason, the Company collects and uses personal data only as it might be needed for the Company to deliver products, services, websites and/or mobile applications (collectively, the “Services”). Your personal data includes information such as:

o    Name

o    Address

o    Billing and delivery information

o    Telephone number

o    Email address

o    Financial account information

o    IP Address

o    Other data collected that could directly or indirectly identify you

This Policy explains how and what data the Company collects and how the Company uses your personal data. This Policy also describes options the Company provides for you to access, update or otherwise take control of your personal data that the Company processes. If at any time you have questions about the Company practices or any of your rights described below, you may reach the Company Data Protection Team by contacting the Company at mhray@DrMerleRay.com. This inbox is actively monitored and managed so that the Company can deliver an experience that you can confidently trust.

  1. Changes to the Privacy Policy:As the Services may change from time to time, this Policy is expected to change as well. The Company reserves the right, in its sole discretion, to amend this Policy at any time, for any reason, which amendment(s) will be effective upon posting to our website. The date of the last revision to this Policy will be indicated by the “Last Updated” date located at the end of this Policy. Your use of the Services after such changes or modifications have been made shall constitute your acceptance of this Policy as last revised. If you do not agree to be bound by this Policy as last revised, do not use (or continue to use) the Services. In addition, the Company may occasionally notify you of changes or modifications to this Policy by e-mail. It is therefore important that you keep your account information accurate. The Company assumes no liability or responsibility for your failure to receive an e-mail notification if such failure results from an inaccurate e-mail address.
  2. Information That the Company Collects:
  3. Personally Identifiable Information:The Company may collect information (online, by phone or paper) that identifies you (“Personally Identifiable Information”) when you provide such information on the Company website(s) or social media website(s) or otherwise interact with the Company. The types of Personally Identifiable Information collected may include, but not limited to, Internet Protocol (IP) address, your name, address, phone number, birth date, billing and delivery information, e-mail address, information about you or your business, credit card, or other financial account information.
  4. Non-Personal Data:As you interact with the Company through our online resources, the Company may also collect information about your browsing history or certain other information that is not considered Personally Identifiable Information through your use of and visits to these resources through a variety of technologies, including, but not limited to, cookies, tags, beacons, Internet Protocol (IP) address, and other tools. “Cookies” are pieces of code or text placed on your computer when you browse a website. Cookies may be placed by the Company or our web analytics third party vendors or partners. “Tags” and web beacons refer to code scripts that are primarily used to track visitor activities by web analytics software. The types of non-personal data collected on the Company website(s) through the use of these, and other tools may include the search terms you used, new or returning user, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, among other non-personal data (collectively, all of the foregoing data is considered “Non-Personal Data”). Additionally, Cookies, Tags and other tools placed by our web analytics third party vendors or partners may collect other information about you and your visits to websites and elsewhere on the Internet including, but not limited to, your industry, company size, among other Non-Personal Data.
  5. How the Company Uses and Shares Personally Identifiable Information:The Company strongly believes in both minimizing the data we collect and limiting its use and purpose to only that (1) for which the Company has been given permission, (2) as necessary to deliver the Services, or (3) as the Company might be required or permitted for legal compliance or other lawful purposes.
  6. Use of Your Personally Identifiable Information.Once collected, the Company may use your Personally Identifiable Information in a variety of ways including, but not limited to:
  • Provide service communications such as bill reminders, order confirmations, program registrations, and customer service messages
  • Respond to your e-mails or online requests for products, services, or information
  • Deliver and process surveys
  • Processing your job application
  • Personalize and improve the usability of the Company website(s)
  • Fulfill and/or deliver the Services
  • Share with certain other companies to offer you products and services that may be of interest to you as described below
  • Tailor content, advertising and marketing to you
  • Share with third parties as required by law or to protect the Company as described below
  • Share your e-mail address as permitted under this Policy as described below in this Section
  • Communicate with you
  • Improve and optimize the operation and performance of the Services
  • Diagnose problems with and identify any security risks, errors, or needed enhancements to the Services
  • Detect and prevent fraud and abuse of our Services and systems
  • Collecting aggregate statistics about use of the Services
  • Understand and analyze how you use the Services and what products and services are most relevant to you
  1. Transfer of personal data abroad.If you utilize the Services from a country other than the country where the Company servers are located, your communications with the Company may result in transferring your personal data across international borders. Also, when you call the Company, the Company may provide you with support from our locations which may be outside of your country of origin. In these cases, your personal data is handled according to this Policy.
  2. Sharing Your Personally Identifiable Information to Fulfill Service Requests and Perform Business Functions. When fulfilling service requests initiated by you, we may share your Personally Identifiable Information with certain third parties to fulfill the requests. We may also share such information with service providers that perform business functions for us. In such cases, the Company may share your Personally Identifiable Information.
  3. Sharing Your Personally Identifiable Information with Certain Other Companies.The Company may share Personally Identifiable Information, except for e-mail addresses, with certain other companies as part of the Company benefits offerings.
  4. Sharing Your Personally Identifiable Information When Legally Necessary or to Protect the Company’s Interests.The Company may disclose your Personally Identifiable Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on the Company, including, but not limited to, compliance with legal, regulatory and law enforcement requests. In such instances, the Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. the Company will disclose any information about you to government or law enforcement officials or private parties as the Company, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity the Company considers to be illegal or unethical. To the extent the Company is legally permitted to do so, the Company will take reasonable steps to notify you in the event that the Company is required to provide your Personally Identifiable Information to third parties as part of legal process; (b) protect and/or defend the rights or property of the Company; (c) protect the personal safety of the Company personnel or users of the public in appropriate circumstances; or (d) if the Company and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged or if the Company undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise, information may be transferred as part of that transaction or change.
  5. Sharing Your E-mail Address Pursuant to the Company Policy.We do not sell or rent e-mail addresses to anyone outside of the Company. The Company will also not share e-mail addresses to unrelated third-parties or affiliates.
  6. How to Manage the Sharing of Your Personally Identifiable Information:To easily access, view, or update your personal data (where available), please sign into your Account Management Panel. To request that your information be deleted, please email mhray@DrMerleRay.com.

If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.

  1. How the Company May Use and Share Non-Personal Data:Through the use of various technological tools, the Company may collect Non-Personal Data to improve the usability of the Company website(s) and the Services and for other business reasons. The Company may share the Non-Personal Data collected with third parties or permit third parties to place tools like Cookies, Tags and web beacons, to collect additional Non-Personal Data when you browse the Company websites. The Company does not share Personally Identifiable Information with third parties with whom it shares your Non-Personal Data. Please note that you may be subject to the privacy policies of non-Company companies when you select an advertising link or other link that takes you to sites not operated by the Company.
  2. California and GDPR Privacy Rights:In addition to the rights as explained in this Policy, under California’s “Shine the Light” law and/or the European General Data Protection Rules (GDPR), the Company members or non-Company users who provide personal information (as defined in the Shine the Light statute and/or the GDPR) in obtaining products or services for personal, family, or household use are entitled to request and obtain from the Company, once a calendar year, information about the personal information it shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which the Company shared such personal information for the immediately prior calendar year (e.g., requests made in 2018 will receive information about 2017). To obtain this information please send your request to (please include your full name and address, domain name(s)):

MERLE RAY
Humble, TX 77346

  1. Canada Anti-Spam Law (CASL) and GDPR:Non-Company users who have provided the Company a Canadian or European Union mailing address will not receive unauthorized Commercial Electronic Messages (CEMs) as defined under CASL and GDPR unless these individuals have opted-in to receive CEMs. To easily access, view, update, delete or port your personal data (where available), or to update your subscription preferences, please sign into your Account Management Panel. If you are a resident of the European Union Economic Area and believe we maintain your personal data subject to the GDPR, you may direct questions or complaints (however, we still recommend that you contact us first) to our lead supervisory authority, the UK’s Information Commissioner’s Office, as noted below:

www.ico.org.uk
Information Commissioner’s Office
Wycliffe House, Water Lane
Wilmslow, Cheshire, SK9 5AF
United Kingdom
Phone: 0303 123 1113

  1. Data Retention:We may retain your Personally Identifiable Information (as well as your Users-of-Users’ Information) for as long as your account is active, as indicated in this Privacy Policy or as otherwise needed to provide you with our Services. We may continue to retain such Personally Identifiable Information even after you deactivate your account and/or cease to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users or their Users-of-Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests. We maintain a data retention policy which we apply to information in our care. Where your Personally Identifiable Information is no longer required we will ensure it is securely deleted.
  2. Age Restrictions:Our Services are not permitted to children under 18 years of age. No one under age 18 should provide any Personal Information to us through any of our Services. We do not knowingly collect Personal Information from children under 18. Parents and guardians should supervise their children’s activities at all times. If you know of or have reason to believe anyone under the age of 18 has provided the Company with any personal data, please contact us at mhray@DrMerleRay.com.
  3. Information Security:The Company implements commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. The Company restricts access to personal information to certain companies who may need to know that information in order to operate, develop, or improve the Services. These individuals or partner organizations are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, the Company cannot guarantee or warrant the security of any information you transmit to the Society, or to or from the Company online products or services. If you have questions about this Policy, please contact us.
  4. User ID and Password:Certain areas of the Company website(s) may require the use of a user ID, e-mail address or password, as an additional security measure that helps protect your information. To help you protect your privacy, the Company website(s) has tools to help you log in and log out.
  5. Linking to Other Internet Sites:You should be aware that other Internet sites that are linked from the Company websites or from Company e-mail message may contain privacy provisions that differ from the provisions of this Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.
  6. How You Can Access and Change Information:If you are a registered user of the Company website(s) or purchaser of the Services, you may review and update/correct your account profile information directly on the Company’s website (mhray@DrMerleRay.com) or by contacting us at mhray@DrMerleRay.com.
  7. Contact Us:If you have any questions, concerns or complaints about this Policy, our practices or our Services, you may contact us by email at mhray@DrMerleRay.com or by phone at 1 (281) 827 – 4396. We will attempt to resolve any complaints regarding the use of your Personally Identifiable Information in accordance with this Privacy Policy. We will respond to all requests, inquiries or concerns within thirty (30) calendar days.

Revised: December 24, 2018