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PRIVACY POLICY, ETHICS & TERMS
This is the website of Brandy Rachelle, LLC
PRIVACY POLICY
Brandy Rachelle is owned and operated by Brandy Rachelle, LLC.
Brandy Rachelle values your privacy. This notice describes what information we collect, how we use it, and, if necessary, those with whom we share it.
By using the Brandy Rachelle services, you are accepting the practices described in this Privacy Policy. Your use of the website is also subject to our Terms of Service.
This Privacy Policy may change from time to time. Your continued use of the website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. This Privacy Policy has been developed and is maintained in accordance with all applicable federal and international laws and regulations and specifically with the California Online Privacy Protection Act (CalOPPA – U.S regulation) and the GDPR (General Data Protection Regulation - European regulation).
GENERAL INFORMATION
The personal data of the users that are collected and processed through the website:
https://www.brandyrachelle.com
Will be under responsibility and in charge of:
Brandy Rachelle, LLC
111 Joe Wimb Blvd #1201, Wimberley, TX 78676
Brandy@BrandyRachelle.com
(Hereinafter referred to as “Brandy Rachelle “).
TYPES OF INFORMATION GATHERED
The information we gather from customers helps personalize and continually improve your experience here at Brandy Rachelle. Here are the types of information we gather:
Information You Give Us. You provide information when you search, read and watch the content, book a service, buy a service, buy a product and/or communicate with us. As a result of those actions, you might supply us with the following information:
First and last name
Email address
Phone number (includes WhatsApp number)
Address (shipping purposes)
IP address
Payment Information
Any additional information relating to you that you provide to us directly through our websites or indirectly through our websites or online presence such as ‘cookies’.
Brandy Rachelle will not collect any personally identifiable information about you, unless you provide it.
Payment information: Payment information: Your credit card information or payment information, will be processed by Square (payment platforms), which will treat and safeguard your data with total security and with the exclusive purpose of processing the purchase of the services and products. Brandy Rachelle reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services and products.
Please consult Square privacy policy here:
https://squareup.com/us/en/legal/general/privacy
GOOGLE Analytics. We use Google Analytics provided by Google, Inc., USA (“Google”). These tool and technologies collect and analyze certain types of information, including IP addresses, device and software identifiers, referring and exit URLs, feature use metrics and statistics, usage and purchase history, media access control address (MAC Address), mobile unique device identifiers, and other similar information via the use of cookies. The information generated by Google Analytics (including your IP address) may be transmitted to and stored by Google on servers in the United States. We use the GOOGLE Analytics collection of data to enhance the website and improve our service.
Please consult Google's privacy policy here:
https://policies.google.com/privacy
Automatic Information. Like many websites, we use "cookies." We obtain certain types of anonymous information which is not personally identifiable when your web browser accesses, Brandy Rachelle or third-party content served by or on behalf of Brandy Rachelle on other websites. Some of the information we collect and analyze includes the Internet protocol (IP) address; computer and connection information such as browser type, version, and connection speed; purchase history; and the digital products you searched for, viewed, and possibly purchased.
HOW LONG WE KEEP YOUR DATA
The owner may be allowed to retain personal data for a longer period whenever the user has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the owner may be obliged to retain personal data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Once the retention period expires, personal data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
HOW WE USE YOUR INFORMATION.
In general, we use the information we collect primarily to provide, maintain, protect and improve our current website and services. We use personal information collected through our site and services as described below and described elsewhere in this Policy to:
Identify you as a user/customer in our system.
Users/Customer registration.
Provide the services.
Booking services.
Deliver the products.
Process payments.
Improve our services, website, and how we operate our business.
Understand and enhance your experience using our website and services.
Send emails through bulk email delivery platforms such as MailChimp.
Respond to your comments or questions and for our support team to provide service.
Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages.
Communicate with you about upcoming events and news about products and services offered by Brandy Rachelle.
Marketing purposes of Brandy Rachelle.
Educational and informational purposes of Brandy Rachelle.
Protect, investigate and deter against fraudulent, unauthorized or illegal activity.
HOW DO YOU GET MY CONSENT?
By booking a service, purchasing a service or product and provide us with personal information to communicate with you, you agree that we collect and use your information. You can withdraw your consent, contact us through the contact information.
SOCIAL NETWORKS
On our website you will find links and functions linked to different social networks, in which you can share your information.
It is advisable to consult the privacy policy and data protection of each social network used on our website.
Facebook: https://www.facebook.com/privacy/explanation
Instagram: http://instagram.com/about/legal/privacy/
YouTube: https://policies.google.com/privacy
Pinterest: https://policy.pinterest.com/en/privacy-policy
HOW WE SHARE INFORMATION
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below.
Third-Party Service Providers. We employ other companies and individuals to perform functions on our behalf. Examples include, process payments (Square), schedule consultations (Acuity Scheduling), make the sessions by video chat (Zoom), sending email (MailChimp), analyzing data (Google Analytics), providing marketing assistance, providing search results and links. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Business Transfers. In the event that Brandy Rachelle creates, merges with, or is acquired by another entity, your information will most likely be transferred. Brandy Rachelle will email you or place a prominent notice on our Website before your information becomes subject to another privacy policy.
Protection of Brandy Rachelle and others. We release personal information when we believe release is appropriate to comply with the law, enforce or apply our Terms and conditions and other agreements, or protect the rights, property, or safety of Brandy Rachelle, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent. Other than as set out above, you will receive notice when personally identifiable information about you might go to third parties, and you will have an opportunity to choose not to share the information.
Anonymous Information. Brandy Rachelle uses the anonymous browsing information collected automatically by our servers primarily to help us administer and improve the Website. We may also use aggregated anonymous information to provide information about the Website to potential business partners and other unaffiliated entities. This information is not personally identifiable.
Email Address. The email address that you supply to us for purposes of receiving our email communications will never be rented or sold to a third party.
PROTECTING YOUR INFORMATION
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. If transactions are processed on the Website, transaction information is transmitted to and from the Website in encrypted form using industry-standard SSL connections to help protect such information from interception. We restrict authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information.
Brandy Rachelle follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Brandy Rachelle receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Brandy Rachelle strives to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so.
YOUR RIGHTS
You have the following rights in relation to your personal data provided to Brandy Rachelle:
Access your personal data.
Request the correction of inaccurate data.
Request its deletion.
Request limitation of the processing of your data.
Oppose the treatment of your data.
Request your portability.
Not be subject to automated individual decisions.
The Users can exercise all these rights contacting us through the contact information or the contact page.
Without preconception to any other administrative appeal or legal action, the User shall have the right to submit a claim to a Control Authority, in particular in the Member State in which he or she has their habitual residence, place of work or place of the alleged infringement, in If you consider that the processing of your personal data is not appropriate to the regulations, as well as in the case of not seeing the exercise of your rights satisfied. The control authority in which the claim was filed will inform the claimant about the course and result of the claim.
EU MEMBERS’ RIGHTS (GDPR COMPLIANT)
If you are habitually located in the European Union, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances.
We describe these rights below:
Access and Porting: You can access your information by contacting us.
Rectify, Restrict, Limit, Delete: You can also rectify, restrict, limit or delete much of your information by contacting us.
Object: Where we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
Revoke consent: Where you have previously provided your consent, such as to permit us to process related data about you, you have the right to withdraw your consent to the processing of your information at any time. For example, you can withdraw your consent by updating your settings. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.
Complain: Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
Additionally, if you are a European resident, we note that we are processing your information in order to fulfil contracts we might have with you or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe.
You can see more about these rights at:
https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en
CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE (CalOPPA)
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared.
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act (CalOPPA).
According to the California Online Privacy act, you have the following rights:
Know what personal data is being collected.
Know whether your personal data is sold or disclosed and to whom.
Access to your personal data.
Request to delete any personal information about you.
Not be discriminated against for exercising their privacy rights.
CHILDREN’S ONLINE PRIVACY PROTECTION
We are in compliance with the requirements of the California Online Privacy Protection Act (CalOPPA – U.S regulation) and the GDPR (General Data Protection Regulation - European regulation) regarding the protection of the personal data of minors. We do not collect any information from anyone under 13 years of age. Our website and products are all directed to people who are at least 18 years old or older. If you become aware that your child has provided us with personal information, please contact us. If we become aware that a child has provided us with personal information, we will take steps to delete that information, terminate that person's account, and restrict access to that person.
EDITING AND DELETING INFORMATION
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect. You can change, modify, rectify and delete your Information at any time, please contact us through the contact information.
To opt-out of Brandy Rachelle emails, follow the instructions included in the email. Your request should be processed within 48 hours.
SUPPLIERS AND OTHER THIRD PARTIES
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information Brandy Rachelle collects from you. If you disclose your information to others, whether other users or suppliers on Brandy Rachelle, different rules may apply to their use or disclosure of the information you disclose to them. Brandy Rachelle does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Brandy Rachelle is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the “Brandy Rachelle” website. Brandy Rachelle encourages you to ask questions before you disclose your personal information to others.
CHANGES TO THIS PRIVACY POLICY
Brandy Rachelle will post modifications by date to this Privacy Policy to inform you of any changes. Brandy Rachelle reserves the right to modify this Privacy Policy at any time, please review it frequently.
CONTACT US
If you have questions or concerns about this Privacy Policy and the handling and security of your data, please contact us through our contact page or contact us at:
111 Joe Wimb Blvd #1201, Wimberley, TX 78676
Brandy@BrandyRachelle.com
ETHICS
Please read this page before sending payment and booking a reading. This will help ensure clear communication and satisfaction.
Brandy follows a Code of Ethics she finds are critical for personal integrity and the integrity of authentic tarot readings.
I will serve the best interests of my clients, conducting my professional activities without causing or intending to cause harm.
I will treat all my clients with equal respect, regardless of their origin, race, ethnicity, cultural identity, religion, belief system, gender, gender identity, age, or sexual orientation. I respect you and hold space for you.
Your reading will be treated with the utmost respect for your privacy and confidentiality. I will keep confidential the names of clients and personally identifiable information shared or discussed during readings, unless otherwise requested by the client or required by a court of law.
The insights provided in the cards are likely to advise you on a certain course(s) of action; however, I am not telling you what to do or that these actions are my recommendation, I merely provide the interpretation of the information provided. Your decisions, actions or inactions are 100% your own as a product of your free will. I do not and will not impede or interfere with the free will of others.
I will recommend clients consult a licensed professional for advice of a legal, financial, medical, or psychological nature that I am not qualified to provide.
I will respect my clients' right to refuse or terminate their reading at any time, regardless of prior consent.
Ethical Tarot readers are people who help others better hear their own inner guides. They empower clients to think through their options and come to decisions on their own. They remind clients that, whichever direction the cards may point, the future really lies in the hands of each individual person. Most importantly, ethical Tarot readers encourage clients to seek the licensed professional help of doctors, counselors, accountants, and lawyers – especially in cases where the client's concern goes beyond the expertise of the reader. They do not use the cards to identify "curses" or "bad energy" and then charge a fee to remove these "curses" or "bad energy."
I will honestly represent my intuitive abilities, qualifications, including educational credentials and experience.
TERMS AND CONDITIONS
These are the terms and conditions for:
Brandy Rachelle, LLC
Brandy Rachelle assets
https://www.BrandyRachelle.com
By accessing Brandy Rachelle’s website, buying the products and using or viewing the services, or accessing Brandy Rachelle assets through a third party, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not accept all of these Terms, then you may not use our website and platform. In these Terms, "we", "us", "our" and " Brandy Rachelle" refers to Brandy Rachelle and "you" and “your" refers to you, the user of our website, products and services.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
MINORS
Brandy Rachelle is not directed to persons under the age of 18 or minors depending on the applicable jurisdiction from which the website is accessed, so we do not collect personal information from minors under any circumstances. If you become aware that your child has provided us with personal information, please contact us. If we become aware that a child has provided us with personal information, we will take steps to delete that information, terminate that person's account, and restrict access to that person.
ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Brandy Rachelle. By using Brandy Rachelle, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should leave the Brandy Rachelle website or third party platform and discontinue use of the platform immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Brandy Rachelle. You agree to be bound by any modification to this agreement when you use Brandy Rachelle after any such modification is posted; it is therefore important that you review this Agreement regularly.
You represent and warrant that your use of the services does not violate any applicable law or regulation. Brandy Rachelle may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the services and the website is revoked in such jurisdictions.
ELIGIBILITY
You may use the website and buy the products and services only if you can form a binding contract with Brandy Rachelle, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
By using the services and buying the products, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
DISCLAIMER
The services and content available through this website and third party platforms are provided for entertainment purposes only. You represent and agree that our services are provided for entertainment purposes only.
By hiring or engaging with Brandy Rachelle for services or buying the products,you accept personal responsibility for the results of using the information provided by Brandy Rachelle including through free or unpaid content. You agree that Brandy Rachelle has not guaranteed the results of any actions taken, whether or not advised by this website or the content on third party platforms.
By viewing the information available through the services or content from this website or third party platforms, you agree that Brandy Rachelle does not guarantee any results or benefits. By using any material available through the services or content and this website or third party platform, you agree that use of such information is at your own risk and responsibility.
By accessing the services , website, and content on third party platforms, you represent and agree that you are solely responsible for the use of the information provided on the website, through the services, and through third party platforms.
You acknowledge and declare that your success or failure will be the result of your own decisions, your particular situation and a number of other circumstances that are beyond Brandy Rachelle's control.
Information and opinions from Brandy Rachelle, services provided, this website, blog, email, and any other asset including content on third party platforms is provided for entertainment purposes only and should not be construed as or substituted for professional services Brandy Rachelle is not licensed to provide. By participating in or reading about a tarot/reading, divination, crystal/healing, this website, blog, email, and any other assets, you acknowledge that Brandy Rachelle is not a lawyer, licensed psychologist, financial advisor, licensed business consultant or licensed healthcare professional, and information and services provided do not replace the care of these professionals. Your acceptance and reliance on information and services from Brandy Rachelle, this website, blog, email, and any other asset is your responsibility and is solely your choice; Brandy Rachelle is not liable for any losses incurred as result of your acceptance of this information or decisions. Brandy Rachelle cannot guarantee the outcome of readings, divination or crystal healing services and/or recommendations on the website, blog, newsletter and other associated assets; comments about the outcome are expressions of opinion only.
You must be at least 18 years of age to use Brandy Rachelle’s services.
LIMITATION OF LIABILITY
You expressly agree that use of the BrandyRachelle.com website is at your sole risk. Brandy Rachelle, nor anyone officially representing these entities, is responsible or liable to you or anyone else for any damages, loss, or injury relating in any way to:
The use of or inability to use the Content made available; – Any content contained on the Platform;
Statements or conduct posted or made publicly available on the Content;
Any action taken in response to or as a result of any information available on the Content;
Any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the Content;
Any other matter relating to the use of the Content Changes to Terms of Use We may update our Terms of Use from time to time.
ACCOUNT
If you register on Brandy Rachelle, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Brandy Rachelle of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Brandy Rachelle. Brandy Rachelle will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Brandy Rachelle with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such emails, you can revoke your consent to receive emails at any time using the “Unsubscribe” link, found at the bottom of every email. Unsubscribe may prevent you from receiving emails about updates, upgrades or offers.
ACCOUNT DELETION AND TERMINATION
The users may terminate their accounts any time, for any reason, by following the instructions provided in the Privacy Policy. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Brandy Rachelle.
Brandy Rachelle reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Brandy Rachelle believes that you have breached any of these terms, furnished Brandy Rachelle with false or misleading information, or interfered with use of the website or the service by others.
SHOPPING ON THE WEBSITE
When you order products or services, you offer to buy the product or service for the price advertised and indicated on the website/booking platform at the time of purchase. Please check that the price, sizes, variations and description of the product or service are correct before ordering.
When a user places an order, Brandy Rachelle will send that user an email to confirm that the order has been received. This confirmation email will be produced automatically so that the user has confirmation of the order details of the products or services. If the product or service is not available, the user will be informed by email or phone.
Brandy Rachelle may cancel any sale and not supply products or services if it is reasonable to do so, and may change or discontinue availability of products or services at any time in her sole discretion. If an order is cancelled by Brandy Rachelle, any payment made for the products will be refunded in accordance with the Cancellation Policy. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
SERVICES
Brandy Rachelle offers the following services:
Tarot Readings and education (via email, phone, Zoom, in person and on social media)
Crystal Healing and another Energy/alternative healing services and education
Psychic and other divination practices
Exoteric and Esoteric Spiritual Healing Teachings
The services must be booked through the website according to the day and time available and access the payment of services, once booked. Please check the available dates and times correctly before making payment.
When you place an order, you are offering to buy the service for the advertised price, according to the features offered by Brandy Rachelle. Please check the price and features of the services before placing an order.
When a website user places an order, Brandy Rachelle will send that user an email to confirm that the order for the service or program purchased has been received. This email confirmation will be produced automatically so that the user has confirmation of their service details.
Brandy Rachelle may cancel any sale and not supply products or services if it is reasonable to do so, and may change or discontinue availability of products or services at any time in her sole discretion. If an order is cancelled by Brandy Rachelle, any payment made for the products will be refunded in accordance with the Cancellation Policy. This does not affect your statutory rights.
PRICES
Brandy Rachelle reserves the right to determine the price of the services and products. Brandy Rachelle will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Brandy Rachelle may change the fees for any product or service, including additional fees or charges. Brandy Rachelle, at its sole discretion, may make promotional offers with different features and different pricing to any of Brandy Rachelle users.
PAYMENTS
All payments to Brandy Rachelle are handled securely. The services and products will be paid through Square (payment platform available on Brandy Rachelle).
Payment will be debited from your credit card, debit card or Square account immediately on you placing the order for the service or product you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the services and products. Brandy Rachelle reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services and products.
PRODUCT DESCRIPTIONS
Brandy Rachelle attempts to be as accurate as possible. However, Brandy Rachelle does not warrant that product and services descriptions, product and service prices or other content of this website is accurate, complete, reliable, current, or error-free.
THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
BLOGGER’S COPYRIGHT
Unless otherwise stated, as above, all content on Brandy Rachelle is exclusive content of its owner. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
COPYRIGHT
All content included on this website and third party platforms, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Brandy Rachelle, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Brandy Rachelle and protected by international copyright laws. All software used on this site is the property of Brandy Rachelle or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site's content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website and third party platforms, you do not own any rights or titles to our content or other intellectual properties.
COPYRIGHT COMPLAINTS
Brandy Rachelle respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Brandy Rachelle website infringe upon your copyright or other intellectual property right, please send the following information to:
Brandy Rachelle, LLC
111 Joe Wimb Blvd #1201
Wimberley, TX 78676
Brandy@BrandyRachelle.com
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
A statement specifically identifying the location of the infringing material, with enough detail that Brandy Rachelle may find it on the Brandy Rachelle Site. Please note: it is not sufficient to merely provide a top-level URL.
Your name, address, telephone number and e-mail address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and entertainment, and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.
PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Brandy Rachelle or licensed to the Brandy Rachelle by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Brandy Rachelle;
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
Deep-link to any portion of the Services for any purpose without our express written permission;
"Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Brandy Rachelle in connection with the services;
Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
Download any Content unless it’s expressly made available for download by Brandy Rachelle.
DISCLAIMER OF WARRANTIES
Brandy Rachelle will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet Brandy Rachelle provides and maintains The Website on an "as is", "as available" basis and makes no promise that use of The Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Brandy Rachelle for any loss or damage caused as a result.
Brandy Rachelle will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Brandy Rachelle excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Brandy Rachelle and Brandy Rachelle shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on Brandy Rachelle.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website.
Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from The Website, or from transmissions via emails or attachments received from Brandy Rachelle.
All representations, warranties, conditions and other terms which but for this notice would have effect.
BRANDY RACHELLE AND THIRD PARTIES
Brandy Rachelle contains Content of third-party licensors to Brandy Rachelle, which is protected by copyright, trademark, patent, trade secret and other laws. Brandy Rachelle owns and retains all rights, title and interest in the Content. Brandy Rachelle hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through Brandy Rachelle or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Brandy Rachelle and using the Service.
Any dealings with third parties included within or on Brandy Rachelle involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Brandy Rachelle is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Brandy Rachelle does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Brandy Rachelle or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Brandy Rachelle is provided to you for informational purposes only. Brandy Rachelle encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Brandy Rachelle works to ensure the information on Brandy Rachelle is current and accurate.
NON-COMMERCIAL USE
The services may not be used in connection with any commercial purposes, except as specifically approved by Brandy Rachelle. Unauthorized framing of or linking to any of Brandy Rachelle is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.
SECURITY COMPONENTS
You understand that Brandy Rachelle and software embodied within Brandy Rachelle may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Brandy Rachelle and/or content providers who provide content to Brandy Rachelle platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Brandy Rachelle.
ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Brandy Rachelle for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
INDEMNIFICATION
You agree to defend and indemnify Brandy Rachelle from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the Brandy Rachelle services and products.
CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the Services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Brandy Rachelle without restriction.
INTEGRATION CLAUSE
This agreement together with the Privacy Policy and any other legal notices published by Brandy Rachelle, shall constitute the entire agreement between you and Brandy Rachelle concerning and governing your use of the third party platforms and website.
DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Brandy Rachelle website, will be settled by binding arbitration between you and Brandy Rachelle, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
FINAL PROVISIONS
These Terms are governed by the USA law. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
CONTACT US
If you have questions or concerns about these terms please contact us through our contact page or contact us at:
Brandy Rachelle, LLC
111 Joe Wimb Blvd, Wimberley, TX 78676
Brandy@BrandyRachelle.com