IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!
“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from Rachel Brenke. All such Products are the intellectual property of and are owned by Rachel Brenke.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Rachel Brenke’s Products immediately.
Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
WHAT WE DO
Rachel Brenke provides general documents we hope will be helpful to those of you who have chosen to complete your own legal documents. While Rachel Brenke makes an effort to keep our legal documents current and updated, because the law is constantly changing and varies among jurisdictions, Rachel Brenke can in no way guarantee the effectiveness of its services, Products or any materials in any particular jurisdiction. Although a specific document may be adequate in general circumstances, Rachel Brenke cannot guarantee that it will be effective in every application or circumstance. Please keep in mind that the general legal information provided on the Sites and otherwise available through the Products is not legal advice and cannot be guaranteed to be correct or accurately and regularly updated. If you should need legal advice for a particular or more complex matter, Rachel Brenke strongly encourages you to consult with a licensed attorney in your area.
NO ATTORNEY-CLIENT RELATIONSHIP
Please keep in mind that nothing contained on the Sites or available through the Products, Materials and services of Rachel Brenke is intended to form an attorney-client relationship. Your interaction with Rachel Brenke in any capacity does not form such a relationship. Rachel Brenke’s performance of services offered through or advertised by the Sites, information provided on the Sites, and Products sold through the Sites likewise does not create an attorney-client relationship in any particular circumstance.
Rachel Brenke will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Rachel Brenke will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Rachel Brenke is the sole manager of such information collected on the Sites. Rachel Brenke will use such information to respond to you as necessary. You grant Rachel Brenke a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.
Links on the Sites may be affiliate links controlled by parties other than Rachel Brenke to help support the maintenance of the Sites. Rachel Brenke does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Rachel Brenke from any loss or damage incurred from dealing with such affiliate.
Stock photography may be used on the Sites – all images are being used under license through the company providing the stock images.
INTELLECTUAL PROPERTY LICENSE
Rachel Brenke owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of Rachel Brenke’s services, and; (d) any other intellectual property rights afforded to Rachel Brenke, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Rachel Brenke does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites.
You agree not to make unauthorized use of or otherwise infringe upon Rachel Brenke’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Rachel Brenke will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;
(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.
Please remember that it is your responsibility to download the Product immediately and securely back up all purchases – as all links expire 120 hours after purchase for your security. Rachel Brenke is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Rachel Brenke will not reimburse you for such downloads. Rachel Brenke will, at your request, apply a one-time only $5.00 re-download fee per item if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Rachel Brenke. Remit this fee to rachel@Rachel Brenke.comby Paypal along with the product name and a new link will be sent.
If you set up an account and did not check out as a guest you can access your download there with no expiration, however, still it is your responsibility to download immediately and securely back up all purchases.
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
PRODUCTS ARE PROVIDED “AS IS”. RACHEL BRENKE OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. RACHEL BRENKE MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, RACHEL BRENKE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO RACHEL BRENKE, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of the Commonwealth of Virginia. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the City of Manassas, Virginia. Rachel Brenke reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Rachel Brenke’s Products, Materials and services.
Any questions regarding the above Terms may be directed to:
SCOPE OF THIS POLICY
Some of the information we collect through this Site may be “personal information”—information that identifies you personally, alone or in combination with other information available to us. Other information may be nonpersonally identifiable, such as information collected by cookies.
By using this Site, you are consenting to the collection, use, disclosure, and transfer of your information as described in this Policy (and any Privacy Notices that apply to you). If you do not consent to the collection, use, disclosure and transfer of your information as described in this Policy (and any Privacy Notices that apply to you), you may not use this Site. If you have questions about this Policy, or any Privacy Notice, please contact us using the information provided below.
We respect your right to make choices about the ways we collect, use, and disclose your information. This Policy describes some of your choices, such as your choice to opt out of receiving “cookies.” We may ask you to indicate your choices at the time and on the page where you provide your information.
You may change previously expressed preferences regarding how we use your information. If at any time you wish to be taken off our mailing lists, please contact us using the information provided below.
The Site must collect some information from you (“Identifier Information”) to allow you to use and access services, products and materials. Identifier information is information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, or an online identifier.
Types of Information
- Identifying information such as your name, addresses, telephone numbers or email addresses when you register for an account with us
- Financial information (such as credit card or bank account numbers) in connection with a transaction
- Postage, billing and other information used to purchase an item
- Additional information we are required or authorized by applicable national laws to collect and process in order to authenticate or identify you or to verify the information we have collected
- Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history, and your web log information
What do we use it for?
Generally, we use the information we collect through this Site:
- to provide the information, products and services you request;
- to provide you with effective customer service;
- to provide you with a personalized experience when you use this Site;
- to contact you with information and notices related to your use of this Site;
- to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
- to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
- to improve the content, functionality and usability of this Site;
- to better understand your needs and interests;
- to improve our products and services;
- to improve our marketing and promotional efforts;
- for security, credit or fraud prevention purposes; and
- for any other purpose identified in an applicable Privacy Notice, click-through agreement or other agreement between you and us.
- for good faith compliance with the law, a court order or a subpoena.
How long is information retained?
We generally retain your information only as long as reasonably necessary to provide you the Services or to comply with applicable law.
How is information collected?
- Information You Manually Provide. The Site collects the information you manually provide (using your keyboard, mouse, or touchpad) when you use this Site, for example, we collect the information you provide when you request service, send us questions, or otherwise interact with this Site. Some of the information you manually provide may be personal information, such as your name and contact information.
- Information from your browser or device. The Site collects information that is sent to us automatically by your web browser or mobile device. This information typically includes your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The information we receive may depend on your browser or device settings. The information we receive from your web browser and device typically is not, in and of itself, personally identifiable. However, we may combine it with other information in an attempt to identify you or we may combine it with information that does identify you.
- Information Collected by Cookies and Other Technologies. We use “cookies” and other technologies to collect information and support certain features of this Site.
- Cookies (a) Collect data about the way you interact with our Site (e.g., when you use certain features or upload attachments), (b) Collect data to assess and improve our advertising campaigns, (c) Allow our business partners (including third-parties) to use these tracking technologies to track your behavior on our behalf on our Site (including when you use multiple devices) and on partner websites, (d) Enable third-s
parties to collect data about the way you interact across sites outside of our Site. And (e) Collect anonymous statistical information about how you use the Services (including the length of your web or application session) and the location from which you access the Services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users. You can manage your cookie’s data through your web browser’s settings.
- Web beacons or pixels:These are tiny graphics with a unique identifier that are used to understand browsing activity. In contrast to cookies, these are rendered invisibly on web pages when you open a page.
- Social widgets:These are buttons or icons provided by third-party social media providers that allow you to interact with those social media services when you view a web page or a mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by the third parties.
- UTM Source codes:These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when a user moves from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.
Keep in mind, we do not sell, license, or otherwise disclose your personal information to third-parties for their marketing purposes without your consent.
We respect your right to access, correct, request restriction or deletion or request of our usage of your personal information and data collected as required by applicable law. We also take steps to ensure that the personal information we collect is accurate, up to date and in accordance with our Data Protection Policy. After verification of identity you have the right to:
- know what personal information and data we maintain about you
- request a copy of your personal information in a structured, commonly used and machine-readable format
- request update to your personal information if it is incorrect or incomplete
- request we cease our processing of your personal information and data
- request us to delete or restrict how we use your personal information, but this right is determined by applicable law and may impact your access to some of our Services
In order to exercise any of these rights within this Policy, please contact the Data Protection officer listed in this Policy.
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. At this time, we do not have a DNT signal policy. Until further privacy regulations and guidelines are published, we will adhere to this policy.
In addition to the cookie we deliver to your computer or mobile device through this Site, certain third-parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites.
Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online behaviors over time and across nonaffiliated websites and/or delivering targeted advertisements either on this Site or on other websites.
Data Protection Plan
We take a number of steps to protect your data, but no security is guaranteed.
We take precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline. Wherever we collect sensitive information, that information is encrypted and transmitted to us by secure servers. We have included common indications of such secured features when appropriate such as a closed lock icon in your web browser. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Opting Out of Communications
If you do not wish to receive marketing communications from us, you can unsubscribe via the link in an email you have received.
You must be at least 13 years old to have our permission to use this Site. We do not knowingly collect, use or disclose personal information about visitors under 13 years of age. If you are under the age of 13, please do not use this Site.
The Site may display personal testimonials of yours from time to time received via email or as otherwise received from you by the Site. If you would like the Site to remove your testimonial or customer review at any time, please simply contact us at the information included within this Policy., and we will promptly do so.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
This Policy shall be governed under the laws of the Virginia, United States of America without regard to its conflicts of law provisions.
Data Protection Inquiries
If you have any questions or concerns regarding our notice or if you believe our notice or applicable laws relating to the protection of your personal information have not been respected, you can file a complaint with our Data Protection Officer listed below and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue(s). Records will be kept of any requests.
Please contact our Privacy Department with any questions or concerns regarding this Privacy Notice. Please mark your questions or concerns; ATTN Data Protection Officer.
The Brenke Group, LLC