Terms and Conditions
The following terms and conditions of use (the “Terms”) constitute an agreement between you (the “User,” “You,” or “Your”) and Britney Gardner and its affiliates and subsidiaries (collectively, the “Company,” “our,” “us,” or “we”). These Terms govern your use of and access to the Service detailed below and are a legally binding agreement between You and the Company.
2. GENERAL TERMS
In order to access and use certain features of the Service you will be required to register an “Account” through the Site. To access or use the Service, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not transmit any worms or viruses or any code of a destructive nature. You agree that You will not interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.
The Company may monitor, terminate or suspend Your Account at any time. The Company may immediately, and without prior notice, terminate Your ability to access the Service or portions thereof for any reason including, without limitation: (i) if You violate or otherwise fail to strictly comply with any term or provision of these Terms, (ii) if we have determined that Your use has created or potentially will create risk or legal exposure for the Company, or (iii) in response to requests by law enforcement or other government agencies.
You acknowledge and agree that any termination or suspension of Your Account may be made by us in our sole discretion and that we shall not be liable to You or any third-party for any termination or suspension of Your Account or access to the Service.
The Company may use third-party hosting partners to provide technology required to run the Service. You agree to indemnify, defend, and hold harmless the Company and its suppliers from any and all loss, cost, liability, and expense arising from or related to Your data, Your use of the Service, or Your violation of these terms.
3. PRIVACY LAWS
4. UPDATES OF SITE AND/OR SERVICE
You acknowledge and agree that the Site and Service are under continual development and may include updates. You further acknowledge and agree that You may be required to accept updates to the Site and/or Service from time to time in order to continue to access the Site and/or Service and Your Account.
You acknowledge and agree that the Company may update, modify, and/or discontinue any aspect of the Site and/or Service, by remotely installing updates or otherwise, without Your consent or approval and with or without prior, or any, notice to You and that the Terms apply to those updates and modifications. We do not have any obligation to provide updates or modifications or to continue to provide particular aspects of the Service.
5. CANCELLATION AND TERMINATION
If you choose to purchase a service, you may have two payment options.
- Monthly Payments. If you sign up for a monthly account, the credit card you have chosen to have on file will be charged the billing amount as agreed upon at the point of purchase every thirty (30) days.
- Full Payments. Your Service may be paid in full. There are no refunds to in-full payments once the service has begun.
- If your card is declined for any payment, we will send an email and reach out to You for updated billing information. Should payment not be up to date within fourteen (14) days, continued service and access to all products will be denied.
6. DISCLAIMERS AND WARRANTIES
The Company makes no representation or warranty that the Service or other information provided, regardless of its source, are accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Service. The Service and any third-party software and services are provided “as is,” with no warranties whatsoever. The Company and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the software or service and such third party software or services.
You acknowledge that You will keep a backup copy of any content You upload and/or transmit through the Service and the Company will not be held liable should content be lost.
You may use the Site and Service for lawful purposes only. You shall not upload 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.
Any testimonials or examples shown through Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Service. You acknowledge that the Company has not and does not make any representations as to the future result that may be derived as a consequence of use of the Service.
7. INTELLECTUAL PROPERTY RIGHTS
All logos, domain names, website content and other intellectual property are the exclusive property of the Company. You will not copy, imitate, modify, alter, amend or use any of the intellectual property without our prior written consent. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the User, nor grant any right or license other than those stated in this Agreement.
You agree that any and all content You upload and/or transmit through the Service is lawfully owned by You. You agree that You own the copyright or have the proper permissions for all content and images You upload and/or transmit through the Service. Our Company will not be held liable for any copyright claims against your content.
8. 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 SERVICES. ADDITIONALLY, BRITNEY GARDNER 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. 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 BRITNEY GARDNER CUMULATIVE LIABILITY TO YOU EXCEED $100.
9. THIRD PARTY RESOURCES
The Site and/or 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 the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
10. RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or Service. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
11. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law. Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Hillsboro, Oregon or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable or otherwise transferable by You. Any transfer, assignment or delegation by you is invalid.
13. ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and the Company 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 the Company 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 the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have any questions or concerns regarding these Terms and Conditions, please email: firstname.lastname@example.org
Updated: November 1, 2019