DAT LEGAL ISH
This website is operated by Rachel Ricketts International, LLC. Throughout the site, the terms “we”, “us” and “our” refers to Rachel Ricketts and her successors, contractors, employees, agents and assigns. Rachel Ricketts International, LLC offers this website, including all information, resources, materials, courses, events, tools and services available on or from this site (collectively, the "Site") to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting the Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service
The Site is never intended to be a substitute for certified education, professional health advice or therapy. All information acquired through this site is done so at your own risk. Always seek the advice of your physical or qualified mental health provider with any questions you may have regarding any mental health symptom or medical condition. Never disregard professional psychological or medical advice nor delay in seeking professional advice or treatment because of something you have read or participated in on the Site. All offerings for healing work provided via the Site, including but not limited to breath work, meditation, reiki or yoga, is undertaken at your own risk. This Site is the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use.
You may not use the Site in a manner that constitutes an infringement of our rights or that has not been expressly authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not use our services or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We reserve the right to refuse or discontinue service to anyone should we decide, in our sole discretion, that there is a potential for any kind of harm (emotional, mental, physical or otherwise) to ourselves and/or others. You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks. 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 or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on this Site is at your own risk.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our return policy set out in REFUNDS at Section #14 below.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Prices for our products are subject to change without notice and we reserve the right to charge different prices to different customers for the same product as a form of reparations supporting the marginalized and oppressed. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service without written notice.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site or third-party payment agencies as sent to you by us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to things like but not limited to product descriptions, pricing, promotions, offers etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel purchases if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall loss&found or any applicable directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
All sales completed on or through the Site are final unless otherwise stated. If you experience an issue or are otherwise dissatisfied with your purchase, please email us at email@example.com and we will do our best to address your concerns.
You agree to indemnify, defend and hold harmless Rachel Ricketts International, LLC and/or her parent, subsidiaries, affiliates, partners, officers, directors, agents, assigns, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us 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 and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York and the federal laws of the USA.
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to firstname.lastname@example.org and/or 18 Bridge St Unit 2A, Brooklyn NY 11201.
The website www.rachelricketts.com is owned by Rachel Ricketts International, LLC, a sole proprietorship from New York City, New York USA (the “Company”). The Company complies with USA Federal and State privacy laws and regulations including the Personal Information and Electronic Documents Act. Rachel Ricketts International, LLC is committed to protecting your privacy online.
“Website”= www.rachelricketts.com including all content on www.rachelricketts.com, all services, information, courses, resources etc. offered on www.rachelricketts.com and all social media accounts run by Rachel Ricketts International, LLC including but not limited to Instagram, Twitter or Facebook.
“We,” “us,” and “our” = Rachel Ricketts International, LLC
“User,” “you,” and “your” = website visitors, customers, and any other users of the Website.
“Service” and “Services” = includes but are not limited to informational/promotional newsletters, digital products, coaching services, group programs, blogs, articles and resources.
III. PERSONAL INFORMATION
A. COLLECTION OF PERSONAL INFORMATION
We collect your Personal Information in the following ways, for the following reasons:
1. When you enter information into our contact form, blog, social media page(s), online scheduler, take a survey or quiz, or provide us with any other communication details, we may collect your name, email address, phone number and the text of any message you enter. We have the right to process this data based on our legitimate interest in communicating with you and responding to your questions or concerns. We may retain such information for our communication records.
2. When you “opt in” to receive communication from us in exchange for a free resource, training or other Service, we will collect your name and email address. We have the right to process this data for the purpose it was collected, based on your clear affirmative consent, and may also send you additional email marketing based on our legitimate interest in marketing to users who have demonstrated an interest in our Services. We may also offer you the opportunity to “opt in” to our email list and will obtain separate consent for that. If you give consent to “opt in” to receive communication from us, you may withdraw your consent at any time, by following the guidelines in Part G of this Section.
3. When you “opt in” to our email list, we will collect your name and email address. We have the right to process this data based on either your clear affirmative consent to be added, or through our legitimate interest in direct marketing to you. If you give consent to “opt in” to our email list, you may withdraw your consent at any time, by following the guidelines in Part G of this Section. We may use your data to send you social media marketing or to create look alike audiences through our social media platforms. In addition, we may use a tracking feature in our emails to collect information about the opening, clicking and forwarding of our emails to refine our future marketing.
4. When you become a customer, and make a purchase from us, we will collect information necessary to complete your transaction, including your name, email address, phone number, billing address, credit card and payment details. We have the right to process this data based on our contractual obligation to fulfill your purchase. We will not retain such information any longer than necessary. We may use third party data processors to transact your purchase and in that case, we will not have access to your payment information.
5. When you visit the Website, we may use “cookies” to collect information on how you are using the Website. The term “cookies” refers to small pieces of data that identify your browser and are sent to, and stored on your computer while you are visiting a certain website. The cookies we collect do not include any personal identifiable information, however they may include an anonymous unique identifier. We may use session cookies which expire when you close your browser, and persistent cookies which remain on your computer until you delete them. You always have the option to disable cookies through your web browser’s settings. However, if you disable cookies, you may not be able to access some areas of the Website and some areas of the Website may not function as intended. The Website does not respond to "Do Not Track” signals sent by your browser.
B. USE OF PERSONAL INFORMATION
You have the right to be informed about how your information is being used.
1. When you contact us, through an online form, social media, blog, or other communication, we will use the Personal Information you voluntarily provide to us to communicate with you and respond to your contact.
2. When you request a program or product from us, whether free or paid, or “opt in” to receive communication from us, we will use the Personal Information you voluntarily provide to us to deliver such program, product or communication, including resources, emails, newsletters, marketing or promotional materials, and notifications of updates to our business. We may also use your Personal Information for marketing purposes by uploading it to our social media platforms to create look alike audiences and using your comments and feedback in other marketing efforts.
3. When you purchase a program or product from us, we will use the Personal Information you voluntarily provide to us, including credit card details and billing address to complete your transaction. We will not store or share this financial Personal Information. We will also use your Personal Information to communicate with you about the program or product you purchased and to keep you updated on necessary information regarding our Services.
4. When you visit the Website, we will use the (Non-Personally Identifiable) Information we collect to administer the Website, diagnose technical problems, measure interest in and use of the various areas of the Website, create a better user experience and provide the highest possible level of service to our users. The Website does not use any information to make automatic decisions. By collecting and using your Personal Information, we are acting as a Data
C. SHARING OF PERSONAL INFORMATION
You have the right to be informed about how your information is being shared. We take appropriate actions to protect and maintain the confidentiality of your Personal Information.
1. We will share your Personal Information in limited circumstances for specific, limited purposes with trusted third parties, including our email management service and other members of our team who assist us in operating the Website, managing our business, or providing legal or accounting services for us.
2. We will share the Personal Information that you provide to us when making a purchase with additional trusted third parties, including our payment processor and financial gateway to assist in completing the financial transaction.
D. STORAGE OF PERSONAL INFORMATION
E. PROTECTION AND SECURITY OF PERSONAL INFORMATION
The security of your Personal Information, including information you voluntarily provide to us and that which we collect automatically, is important to us and we use our best efforts to protect it. We strive to use industry standard commercially acceptable online security measures, including a Secure Sockets Layer (“SSL”) on the Website and only share your information with third parties who we have researched and determined to be compliant with current safety standards. However, no transmission over the internet or methods of electronic storage is 100% secure. While we strive to protect your Personal Information, we are not responsible should an unauthorized third party gain access to your information, without our consent. In the event that www.rachelricketts.com is tampered with, your information may be inadvertently intercepted. If we become aware that a data breach has occurred, we will notify the appropriate authorities within a timely manner. You acknowledge and agree that we are not responsible for these actions and any damages that result from the unauthorized use of your Personal Information. You expressly agree to hold us harmless from any and all claims which may arise from the unauthorized use of your Personal Information.
Please note, when you voluntarily give out your Personal Information online through the Website, in a way that makes it viewable by others, whether through a comment on a blog, a posting on a message board, or by any other means, it can be viewed by the public and can potentially be collected and used by others. You acknowledge and agree that we cannot guarantee the security of the information you share in this manner. You expressly agree that you disclose such information at your own risk and you assume all responsibility for its unauthorized use. Because our core activities do not consist of processing operations which require regular and systematic processing of data subjects on a large scale, nor do we process sensitive data on a large scale, we have determined that Rachel Ricketts International, LLC is not required to appoint a Data Protection Officer.
F. RETENTION OF PERSONAL INFORMATION
We only retain the minimum Personal Information necessary to fulfill the specific, limited purpose for which it was collected. We also retain and process Personal Information for reasonable business purposes, including legal compliance, financial record keeping and dispute resolution.
G. RIGHT TO CONTROL PERSONAL INFORMATION
You have the right to control your Personal Information including the right to access, receive a copy of, update, edit, delete, erase or restrict the processing of your Personal Information. You may request information on how your Personal Information is being used and processed, request access to, request a copy of, restrict our use and processing of, or request to update, edit, delete or erase your Personal Information at any time, free of charge, by writing to us at:
18 Bridge St, Unit 2A Brooklyn, NY 11201
You also have the right to be forgotten, and may withdraw your consent previously given to us, by “opting-out” or unsubscribing from our email list through an online automated process at your own discretion, at any time. To “opt-out” or unsubscribe from our list, you may click the unsubscribe button visible at the bottom of every email we send to you as a subscriber through this list, or you may email us directly at email@example.com. Once you “opt-out” or unsubscribe from our email list, we will remove you and you should not receive additional emails from us, except in the case of a technical glitch.
IV. EXTERNAL WEBSITES AND SOCIAL MEDIA
To access certain Services on the Website, you may be prompted to set up a user name and password or granted a password for specific access. You acknowledge and agree that you are responsible for maintaining the security of such information and for any and all acts, losses or damages that result as a failure to keep this information secure. You agree to notify us immediately of any suspected unauthorized use of your account by emailing us at firstname.lastname@example.org.
Rachel Ricketts International, LLC
18 Bridge St Unit 2A
Brooklyn, NY 11201
Last Edited Sept 2019