(AKA THE FINE PRINT)
I’m all about communicating clear expectations, friend.
The terms on this page ensure that we’re both safe and secure in my digi-home.
In a (coco)nut shell, the legalese below establishes that:
- You respect my creativity, work, and products, and won’t copy and/or use my work as your own.
- You value me (and my site) too much to use it for illegal activity.
- I value you and the information that you share with me, and will never share or use it inappropriately, illegally, or without your permission.
- I provide this site to help you (and have covered all my legal bases to protect that).
- I’m not in charge of the internet (once you leave my site, you’re on your own ;))
If you’d like to share (or link to) my content:
- Please be sure to give proper credit.
- If you share a quote, include my full name (or Twitter handle @nikkielledge).
- If you share an excerpt, include my full name and a link back to the original page or post.
K. NOW ONTO THE OFFICIAL STUFF.
Nikki Elledge Brown, LLC (“COMPANY”) welcomes you to this site, www.nikkielledgebrown.com (“SITE”).
BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
USE OF SITE
This website is provided solely for the use of current and future customers of COMPANY to provide you with information about my company, to permit you to place orders for my products and services, and to enable you to contact my team and me with any questions or comments that you may have. Any other use of this site is prohibited.
You may not use any features of this SITE that permit communications or postings to post, transmit, display, or otherwise communicate any of the following:
i. Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. Any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. Any encouragement of illegal activity;
iv. Unauthorized use or disclosure of private, personally identifiable information of others; or
v. Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including without limitation, all images, designs, photographs, writings, graphs, data, and other content (“MATERIALS”) are the property of COMPANY and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.
Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this SITE for the authorized uses described above. You must provide correct attribution to COMPANY.
I AM GLAD TO HAVE YOU SHARE MY CONTENT, BUT YOU MUST RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES ON ALL COPIES OF THE MATERIALS.
You SHALL comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the MATERIALS. Except as provided in this AGREEMENT, COMPANY does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You expressly agree that use of this website is at your sole risk.
Neither COMPANY, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “PROVIDERS”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The MATERIALS may contain errors, omissions, inaccuracies, or outdated information. Further, COMPANY does not warrant reliability of any statement or other information displayed or distributed through the site.
COMPANY reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. COMPANY may make any other changes to this site, the MATERIALS and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless COMPANY, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this AGREEMENT, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this SITE must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, COMPANY may immediately discontinue, suspend, terminate, or block your and any user’s access to this SITE at any time in our sole discretion.
As a convenience to you, my team and I may provide on this SITE links to websites operated by other entities (collectively the “LINKED SITES”). If you use any LINKED SITES, you will leave this site. If you decide to visit any LINKED SITE, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
LINKED SITES, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by COMPANY. The content, accuracy, opinions expressed, and other links provided by LINKED SITES are not investigated, verified, monitored, or endorsed by COMPANY.
COMPANY does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any LINKED SITE, other than linked information authored by COMPANY. Links do not imply that COMPANY or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any LINKED SITE is authorized to use any trademark, trade name, logo or copyright symbol of COMPANY or any of its affiliates or subsidiaries.
Except for links to information authored by COMPANY, COMPANY is neither responsible for nor will it be liable under any theory based on
(i) any LINKED SITE;
(ii) any information and/or content found on any LINKED SITE; or
(iii) any site(s) linked to or from any LINKED SITE.
If you decide to visit any LINKED SITES and/or transact any business on them, you do so at your own risk. COMPANY reserves the right to discontinue any LINKED SITE at any time without prior notice. Please contact the webmasters of any LINKED SITES concerning any information, goods, and/or services appearing on them.
COMPANY does participate in affiliate relationships. By clicking on certain links, you may be directed to an affiliate website, where COMPANY may receive a pre-arranged benefit for recommending certain products and or services. Company only participates in affiliate relationships with products and or services that COMPANY has personally used; however, COMPANY’S recommendation in no way provides any guarantee of your experience with recommended products and or services.
COMPANY assumes no liability for the recommendation of affiliate products and or services.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This AGREEMENT is governed by and shall be construed in accordance with the laws of the State of Texas, U.S.A., without reference to its conflict-of-law provisions.
COMPANY makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Harris, TX, for any disputes with COMPANY arising out of your use of this SITE.
This AGREEMENT constitutes the entire agreement between COMPANY and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and COMPANY with respect to this website.
A printed version of this AGREEMENT and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this AGREEMENT to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If for any reason a court of competent jurisdiction finds any provision of this AGREEMENT or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this AGREEMENT, and the remainder of this AGREEMENT shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
My team and I may revise this AGREEMENT at any time and you agree to be bound by the revised AGREEMENT. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this AGREEMENT from time to time to review the most current terms and conditions. COMPANY does not and will not assume any obligation to notify you of changes to this AGREEMENT.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from COMPANY solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
My Commitment to Your Privacy
Your privacy is very important to my company, Nikki Elledge Brown, LLC (“COMPANY”). COMPANY is committed to protecting your privacy. My team and I use the information we collect about you to process orders and personalize your experience at http://nikkielledgebrown.com (“SITE”).
Children’s Online Privacy Protection Act Compliance
This SITE is in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), COMPANY doesn’t knowingly collect any information from anyone under 13 years of age. SITE, products, and services are all directed to people who are 13 years of age and older.
What information does this SITE collect?
In general, you can visit SITE without identifying who you are or revealing any information about yourself. Information collected online can generally be categorized as anonymous or personally identifiable.
Anonymous information is information that cannot be connected to the identity of a specific individual. Personally identifiable information is information that specifically identifies a particular user, such as name, address (email or physical), or phone number.
An example of anonymous information is the fact that, while SITE may record the number of visits to a particular page that occur in a given period of time, it does not necessarily provide the names or other identifying information of every visitor. Many users of this SITE choose not to provide any personally identifiable information; therefore, those individuals are anonymous to this SITE, and any data collected about their use of this website is anonymous information.
When you order, COMPANY needs to know your name, e-mail address, and payment information. This allows COMPANY to process and fulfill your order and to notify you of your order status.
Automatic Anonymous Information That SITE Collects
When you visit SITE it collects certain information, and my team and I use this data to measure the use of SITE. This allows us to bring you the best possible service by improving the content and performance.
Here is what the SITE records:
- Environmental variables: browser type, operating system and CPU speed, and the Internet Protocol (IP) address of your originating Internet Service Provider, are logged.
- Search requests and results are recorded to try to ensure the accuracy and efficiency of our search engine.
- Your IP (internet protocol) address tracks your use of the SITE, including pages visited and time spent on each page.
All of the information that is automatically submitted to us by your browser is considered anonymous information. To the extent we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.
What are cookies, and how they are used?
You may set your browser to notify you when you receive a cookie or to prevent cookies from being sent; if you do so, this may limit the functionality we can provide you when you visit our site.
How do we use the personally identifiable information we collect?
We collect personally identifiable information only for providing the services you request, generating statistical studies, conducting marketing research, improving products and services, sending you surveys, and notifying you of new products and any other changes to our site or services that may affect you.
When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store, and use that information for those purposes.
We will not sell or give any personally identifiable information to any third parties.
If at any time you do not wish to receive offers and marketing e-mails from us, you must tell us. There are two ways you may do this:
- You may remove your name from our mailing list by sending an e-mail addressed to support(at)nikkielledgebrown.com and indicating in the subject line “No offers or e-mail.”
- You may click the unsubscribe link located at the bottom of all of our marketing emails and or offers.
Contacting Nikki Elledge Brown
Nikki Elledge Brown, LLC
PO Box 24788
Houston, TX 77229
Protection of Your Information
We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by our users. We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.
Information supplied via online order and or registration forms is only used by COMPANY.
COMPANY does not sell or rent customer lists.
COMPANY has contracted with a third-party provider, Infusionsoft®, to host email list databases and process payment. Infusionsoft® has promised that it will not share COMPANY customer information with third parties.
COMPANY uses Google® Analytics to track overall statistics about computer usage on our site. This information is not linked to individual customer information.
Transfer of Customer Information
Customer lists and information are properly considered assets of a business. Accordingly, if we merge with another entity or if we sell our assets to another entity, our customer lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.
Company reserves the right up to update and or change any or all of these terms at any time, and without notice. The date at the bottom of this page will reflect when the document was updated. Company is responsible for keeping the updated terms here, and it is your responsibility to check for updates here.
Now let’s go write some great copy!
Updated August 13, 2014