Privacy Policy & Legal

Website Privacy Policy

Tracy Elizabeth Soul-Inspired Jewelry
c/o Domains by Proxy Inc.
1511 N. Hayden Road, Suite 160, PMB 353
Scottsdale AZ 85260
USA

To contact us by email, click here.

The last update to our Privacy Policy was posted on October 16, 2016.  This document governs the privacy policy of our Website, www.tracyroman.com.  Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our Website.

Definitions

“Non-Personal Information” (NPI) is information that is in no way personally identifiable and that is obtained automatically when you access our Website with a web browser.

“Personally Identifiable Information” (PII) is non-public information that is personally identifiable to you and obtained for us to provide you with a product or service.  PII may include information such as your name, address, phone number, credit card information, and other related information that you provide to us.

Our Commitment to Your Privacy

Our Privacy Policy tells you what PII we may collect from you, how we may share your PII, and how you can limit our sharing of your PII.

Tracy Elizabeth Soul-Inspired Jewelry (“Tracy Elizabeth”) is committed to the security and privacy of all our customers.  We take your privacy seriously, and we will work with you to ensure that you have an enjoyable online experience.

Tracy Elizabeth and our affiliates respect your privacy and recognize the need for appropriate protection and management of your PII you share with us.

As a part of our commitment, we have adopted the guidelines used by the Direct Marketing Association Privacy Promise to American consumers.  Other than as necessary to provide you with goods and services, we agree to (1) provide our customers with notice of their ability to opt out of information exchanges with our affiliates; (2) honor our customers’ requests not to have their information transferred to our affiliates; and (3) honor our customers’ requests not to receive solicitations from our affiliates.

Links to Other Websites

Our Website may contain links to other websites.  You understand that these websites are not under our control and are not subject to our Privacy Policy.  These websites will likely have their own privacy policies.  We have no responsibility for these websites and provide links to these websites solely for your convenience.

You acknowledge that your use and access of these websites is solely at your own risk.  It is your responsibility to check the privacy policies of these websites to see how they treat your personal information.

Information We Collect

Generally, you control the amount and type of information you provide to us when using our Website.  As a visitor to our Website, you can browse our Website to find out more about us.  You are not required to provide us with any PII as a Visitor.

However, if you register as a Member to use our Website, you must provide PII in order for us to provide you with various features and/or functionality from our Website.   As a Member, we collect your PII in the following ways:

At Member Registration

When you register for membership, we collect your name and email address {and other information listed}.

Online Forms

There may be online forms used in our Website.  The information you enter into these online forms may contain PII.

Mobile Application

If you use our mobile application, you may have to provide PII in order to use it.

Premium Features

Our Website may offer premium features for which you must pay to use.  If we were to charge you for the use of these premium features, we would need to collect payment source information (i.e. credit card) to bill you for using such premium features.

Computer Information Collected

When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website.  Such information is typically considered NPI.  We may also collect any of the following:

Cookies

Our Website uses “Cookies.” A Cookie is a small piece of data stored on your computer or mobile device by your web browser.  We use Cookies to identify the areas of our Website that you have visited.  We may also use Cookies to identify you as a Member so that you can access various parts or features of our Website.  Finally, we may use Cookies to personalize the Content that you see on our Website.  Most web browsers can be set to disable the use of Cookies.  However, if you disable Cookies, you may not be able to access features on our Website correctly or at all.  We never place PII in Cookies.

Web Beacons

We may also use a technology called, web beacons, to collect general information about your use of our Website and your use of special promotions or newsletters. The information we collect by Web Beacons allows us to statistically monitor the number of people that open our emails.  Our Web Beacons are not used to track your activity outside of our Website.  We do not link NPI from Web Beacons to PII without your permission.

Automatic Information

We automatically receive information from your web browser or mobile device.  This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you’re headed when you leave our website.  This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system.  We use all of this information to analyze trends among our Users to help improve our Website.

Google Ad and Content Network Privacy Policy

Google, as a third party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the  Google ad and content network privacy policy at the following link:

http://www.google.com/policies/technologies/ads

Google Analytics Privacy Policy

Our website uses “Google Analytics” to collect information about the use of our site. Google Analytics collects information such as how often users visit our site, what pages they visit when they do so, and what other sites they used prior to coming to our site. We use the information we get from Google Analytics to improve our site. Google Analytics collects only the IP address assigned to you on the date you visit our site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our site is restricted by the Google Analytics Terms of Use. http://www.google.com/analytics/terms/us.html

You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. https://tools.google.com/dlpage/gaoptout

How Information is Used

We use the information we receive from you as follows:

Providing and Improving Our Website

We may use the PII you provide to us along with any computer information we receive to provide our Website to you as well as to make improvements to it.

Communications and Email Alerts

When we communicate with you about our Website, we will use the email address you provided when registering as a Member.  We may also send you Website alerts regarding your use of our Website.  Finally, we may also send you emails with promotional information about our Website or offers from us or our affiliates, unless you have opted out of receiving such information.  You can change contact preferences at any time through your account.  While you can opt-out of promotional messages, you cannot opt-out of receiving Website alerts.

Sharing Information with Affiliates and Other Third Parties

We do not sell, rent, or otherwise provide your PII to third parties for marketing purposes.  However, we may use your Non Personal Information for data aggregation purposes which might be sold to other parties at our discretion.  Any such data aggregation would not contain any of your PII.  We may provide your PII to affiliates that provide services with regards to our Website (i.e. payment processors, webhosting companies, etc.); such affiliates will only receive information necessary to provide the respective Websites and will be bound by confidentiality agreements limiting the use of such information.

Community Discussion Boards

Our Website may offer the capability for Users to communicate with each other through online Community Discussion Boards.  We do not filter or monitor what is posted on such discussion boards.  If you chose to post on these discussion boards, you should use care when exposing any PII as such information is not protected by our Privacy Policy nor are we liable should you choose to disclose PII through such postings.

Legally Required Releases of Information

We may be legally required to disclose your PII, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, our Users, employees, and affiliates.

Disclosures to Successors

If our business is acquired or merges, in whole or in part, with another business that would become responsible for providing the Website to you, we retain the right to transfer your PII to the new business.  The new business would retain the right to use your PII according to the terms of this Privacy Policy as well as to any changes to this Privacy Policy as instituted by the new business.

Protecting the Privacy Rights of Third Parties

We believe in everyone’s right to privacy.  If any postings you make to our Website contain information about third parties, you need to make sure you have permission to include them in your posting.  While we are not legally liable for the actions of our Users, we will remove any postings for which we are notified that such postings violate the privacy rights of others.

Changing Your Information

You may change your PII at any time using facilities found on our Website.  If you need assistance with updating your PII or removing yourself from our mailing lists, just send us an email with your request or contact us using the Contact us information found on our Website.

Opting Out of Sharing Information

You can always opt out of future unaffiliated third-party disclosures of your information.  Such opt-out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates, (ii) disclosures to third-party service providers who provide certain services for our business, such as credit card processing, computer system services, shipping, data management, or promotional services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments or otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.

“Do Not Track” Settings

Some web browsers have settings that enable you to request that our Website does not track your movement within our Website.  Our Website does NOT obey such settings when transmitted to and detected by our Website.

Change and turn off tracking features in your browser. You can turn off tracking features and other security settings in your browser by visiting the following links:

For Internet Explorer visit: http://goo.gl/0taI7I

For Mozilla Firefox visit: http://goo.gl/IKxt9l

For Google Chrome visit: http://goo.gl/NQIkqE

For Safari visit: http://goo.gl/7XCOzL

Google Analytics Opt-out Browser Add-on. Google provides a free add-on to most major browsers that you can install to prevent your data from being collected and used by Google Analytics. Visit the following link to download the free Google Opt-out Add-on Tool: http://goo.gl/Ls82zv

Protecting Your Child’s Privacy

We follow the Children’s Online Privacy Protection Act (COPPA).  Even though our Website is not designed for use by anyone under the age of 18 (child), we realize that a child may attempt to access our Website.  We do not knowingly collect PII from a child.  If you are a parent or guardian and believe your child is using our Website, please contact us.  We may ask for proof of identification before we remove any information to prevent malicious removal of account information.  If we discover on our own that a child is accessing our Website, we will delete the information as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties.  You acknowledge that we do not verify the age of our users nor do we have any liability to do so.  If you are a child, please seek the permission of a parent or guardian before accessing our Website.

Our Email Policy

We comply with the federal CAN-SPAM Act.  You can always opt out of receipt of further email correspondence from us or our affiliates by clicking on the unsubscribe link at the bottom of email newsletter correspondence.  We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission except in the sale or transfer of our business.

Our Security Policy

We have taken steps to build our Website using sophisticated encryption and authentication tools to protect the security of your PII.   When we collect your PII through our Website, we will encrypt your PII before it travels over the Internet using industry standards as establishing for conducting secure online transactions.  We also use industry standard technologies such as secure routers and fire walls to make sure that your PII is safe.  Unfortunately, we cannot fully guarantee secure data transmission over the Internet because of its nature.

Once we receive your PII, we have industry standard security measures in place to protect against the loss or misuse of your PII, though again, we cannot fully guarantee against such loss or misuse.  We strongly urge you to protect any password you may have for our Website and not share it with anyone.  You should always log out of our Website when you are done using it, especially if you are sharing a computer with someone else or are using a computer in a public place.

Use of Credit Cards

You may have to provide a credit card to buy products and services from our Website.  We use third-party billing services and HAVE NO CONTROL over these services.  We use our commercially reasonable efforts to make sure that your credit card number is kept STRICTLY CONFIDENTIAL by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use.  However, you understand and agree that we are in no way responsible for any misuse of your credit card number.

Changes to Our Privacy Policy

We reserve the right to change this privacy policy at any time.  If our company decides to change this Privacy Policy, we will post those changes on our website so our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your personally identifiable information in a method different from that specified at the time it was collected, we will provide advance notice by email (sent to the email on file in your account). Otherwise, we will use and disclose our users’ and customers’ personally identifiable information in agreement with the Privacy Policy that was in effect, when their information was collected. In all cases, your continued use of our website or our services and products after any change to this Privacy Policy will constitute your acceptance of such change.

Questions about Our Privacy Policy

If you have any questions about our Privacy Policy, please contact us using the Contact us information found on our Website.

 

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Disclaimer

By using this website and or blog, or making a purchase, user agrees as follows:

The information, services and products are sold or given to the user with the understanding that neither the author, seller, nor publisher is engaged in rendering any legal, business or financial advice to the purchaser or to the general public. The views and opinions expressed are those of the authors and do not necessarily reflect the official policy or position of Tracy Elizabeth Soul-Inspired Jewelry (“Tracy Elizabeth”).  Any content provided by our bloggers or authors are of  their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.

Although we make strong efforts to make sure our information is accurate, Tracy Elizabeth cannot guarantee that all the information on this website and or blog is always correct, complete, or up-to-date.

By purchasing any of our products or services, user agrees to and is knowingly assuming any and all risk associated with using these products or services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES AND INFORMATION ON THIS WEBSITE AND OR BLOG IS PROVIDED “AS IS” AND WITH ALL FAULTS AND TRACY ELIZABETH  MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND TRACY ELIZABETH  SPECIFICALLY DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, AND QUIET POSSESSION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION LIES WITH USER.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRACY ELIZABETH  OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR USER’S USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF TRACY ELIZABETH  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

NOTWITHSTANDING ANY DAMAGES USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF TRACY ELIZABETH AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS, SERVICES AND INFORMATION OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

 

If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. Tracy Elizabeth has the right to modify these terms and conditions at any time.

 

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Copyright © Tracy Elizabeth Soul-Inspired Jewelry 2016 All Rights Reserved.  All files and information contained in this Website or Blog are copyright by Tracy Elizabeth Roman, and may not be duplicated, copied, modified or adapted, in any way without our written permission. Our Website or Blog may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Blog or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Tracy Elizabeth Roman. Our Content, as found within our Website, Blog and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

 

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Medical Disclaimer

 

You understand that any information as found within our Website and Online Programs are for general educational and informational purposes only.  You understand that such information is not intended nor otherwise implied to be medical advice.

 

You understand that such information is by no means complete or exhaustive, and that as a result, such information does not encompass all conditions, disorders, health-related issues, or respective treatments. You understand that you should always consult your physician or other healthcare provider to determine the appropriateness of this information for your own situation or should you have any questions regarding a medical condition or treatment plan.

 

This information has not been evaluated or approved by the FDA and is not necessarily based on scientific evidence from any source. These statements have not been evaluated by the Food and Drug Administration (FDA). These products are intended to support general well-being and are not intended to treat, diagnose, mitigate, prevent, or cure any condition or disease.

 

You agree not to use any information on our Website and Online Programs, including, but not limited to product descriptions, customer testimonials, etc. for the diagnosis and treatment of any health issue or for the prescription of any medication or treatment.

 

You acknowledge that all customer testimonials as found on our Website are strictly the opinion of that person and any results such person may have achieved are solely individual in nature; your results may vary.

 

You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice.  You should always consult your physician or other healthcare provider before changing your diet or starting an exercise program.

 

In light of the foregoing, you understand and agree that we are not liable nor do we assume any liability for any information contained within our Website as well as your reliance on it.  In no event shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the information contained within our Website and Online Programs.

 

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Opinion Disclaimer

The views and opinions expressed are those of the authors and do not necessarily reflect the official policy or position of Tracy Elizabeth Soul-Inspired Jewelry. Any content provided by our bloggers or authors are of  their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.

 

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Terms and Conditions

 

This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.tracyroman.com (“Website”). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

Our Services

Our Website offers the following services: advice, divine guidance, in-person events, mentoring, online programs, online group programs, 1:1 consulting, custom jewelry, discovery calls, online form submissions, online webinars/video conferences, online telephone conferences (“Services”).

Definitions

The terms “us” or “we” or “our” refers to Tracy Elizabeth Soul-Inspired Jewelry (“Tracy Elizabeth”), the owner of this Website. A “Visitor” is someone that merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

Acceptance of Agreement

This Agreement is between you and Tracy Elizabeth.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

 

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Tracy Elizabeth, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

 

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

 

 

Limited License

Tracy Elizabeth grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

 

 

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.

 

 

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Tracy Elizabeth.

 

 

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Tracy Elizabeth.

Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

 

 

Digital Millennium Copyright Act Compliance

Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on our Website;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

 

 

Eligibility and Registration for Membership

To use our Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age (18) years of age or older.

 

Any registration by, use of or access to our Website by anyone under such, is unauthorized, unlicensed and in violation of these Terms and Conditions. By using our Website and/or Service, you represent and warrant that you are (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Tracy Elizabeth has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

 

When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

 

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

 

 

Content Disclaimer

The opinions expressed on our Website are not necessarily the opinions of Tracy Elizabeth. Any Blog content provided by our bloggers are of the blogger’s opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.

The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on our Website. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

 

 

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.

 

We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services.

 

 

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Tracy Elizabeth or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.

 

 

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

 

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY TRACY ELIZABETH AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

 

 

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

 

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

 

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

 

 

Warranty Disclaimer

Tracy Elizabeth is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Tracy Elizabeth. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Services. Tracy Elizabeth is not responsible for the conduct, whether online or offline, of any user of our Website or Services.

 

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Tracy Elizabeth assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.

 

Tracy Elizabeth is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Services, including without limitation any software provide through our Website or Services.

 

Under no circumstances will Tracy Elizabeth be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

 

Tracy Elizabeth reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.

 

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TRACY ELIZABETH, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. TRACY ELIZABETH CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. TRACY ELIZABETH DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRACY ELIZABETH. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

Limitation of Liability

Tracy Elizabeth, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website our Content, (e) the content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.

 

IN NO EVENT WILL TRACY ELIZABETH OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF TRACY ELIZABETH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRACY ELIZABETH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

 

Member Conduct

Members may post their own content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Tracy Elizabeth is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Tracy Elizabeth will submit all necessary information to the proper authorities.

If any Member Content is reported to Tracy Elizabeth as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Tracy Elizabeth. Should the Member fail to meet such a request, Tracy Elizabeth has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

  1. upload, post or otherwise transmit any Member Content that:
    1. Violates any local, state, federal, or international laws.
    2. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
    3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
    4. Links directly or indirectly to any materials to which you do not have a right to link.
    5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
    6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.
    7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
    8. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
    9. In the sole judgment of Tracy Elizabeth, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Tracy Elizabeth, our affiliates, or our Users to any harm or liability of any type.
  2. use our Content to:
    1. Develop a competing website.
    2. Create compilations or derivative works as defined under United States copyright laws.
    3. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  3. Decompile, disassemble or reverse engineer our Website, Services, and any related software.
  4. Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

 

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

Privacy Policy

Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy by scrolling to the top of this web page.

 

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.

 

Links to Other Websites

Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. Tracy Elizabeth has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

 

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

 

Refund and Return Policy

To the extent that you purchase any physical, tangible, non-custom goods directly from us, we may refund you your purchase price within thirty (30) days of you notifying us in writing of your desire for the refund, together with the reason for the request, subject to the return of the product to us in substantially the same, unused and unworn condition as when purchased. Any refund or return may be subject to restocking fees as found on the individual product page on our Website.  There are no refunds for advice, divine guidance, in-person events, mentoring, online or digital programs, online or digital group programs, 1:1 consulting, custom jewelry, discovery calls, online form submissions, online webinars/video conferences, online telephone conferences (“Services”).

 

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

 

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

 

General Terms

This Agreement shall be treated as though it were executed and performed in New York, New York, and shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.