Terms of Website

These terms and conditions (“Terms”) govern your use of this website (the “Website”). By using the Website, you accept the Terms and Privacy Policy described herein. If you do not agree to these Terms or the Privacy Policy, do not use the Website.

These Terms contain an arbitration provision and class action waiver. See below for additional details.

LICENSE

Subject to your compliance with the Terms, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website. No part of the Website may be reproduced, duplicated, copied, scraped, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without our prior express written consent. All rights not expressly granted in the Terms are reserved.

INTELLECTUAL PROPERTY

Unless otherwise indicated, we (or our licensors and suppliers) own all content available on the Website. This includes, but is not limited to, all text, photos, trade names, logos, trademarks, graphics, and their selection, arrangement, and organization. Unless explicitly provided written consent by us, neither your use of the Website or these Terms grant you any right, title, or interest in these materials. 

DISCLAIMERS, LIMITATION OF LIABILITY

You agree that your use of the Website is at your own risk. To the fullest extent permitted by law, we are not responsible for any loss or damage that might result from your access to the Website. This includes, but is not limited to, loss or damage to your computer or mobile device. These limitations apply regardless of their foreseeability.

We, along with our licensors and suppliers, expressly disclaim any and all warranties, express or implied, regarding the Website. We also do not guarantee that the Website will meet your specific needs or operate without interruptions or errors. The Website may contain bugs, errors, problems, or other limitations.

The Website is provided for general information purposes only and is subject to updates. In no event will we, or our licensors or suppliers, be liable to you for any claims arising from your use of the Website or your reliance on any information provided through the Website.

DISPUTES

Governing Law/Venue

The Terms and Privacy Policy will be interpreted as though executed in Chicago, Illinois and will be governed by the laws of Illinois without regard to conflict of law principles. If involved in arbitration, the arbitrator will apply Illinois law to the claims raised in the arbitration and the Federal Arbitration Act with respect to this arbitration provision.

Customer Service

We encourage you to seek resolution of any “Claim” by first contacting us. “Claim(s)” means any dispute of any kind between you and us, or any of our owners, officers, managers, directors, employees, agents, partners, suppliers, consultants, representatives, affiliates, successors, or assigns related to or arising out of the Terms, the Privacy Policy, or the Website. If we cannot reach an informal resolution, the arbitration provisions below will be final and binding.

Arbitration

Under these Terms, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE, THESE TERMS, OR THE PRIVACY POLICY MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we will only resolve our legal disputes through arbitration and not in a court of law.  Without this Arbitration Agreement, the parties would have the right to sue in court with a jury trial.

The arbitration must be filed under National Arbitration & Mediation (“NAM”) rules, as modified by this arbitration agreement, and administered by NAM or another provider that is agreed-upon or appointed by a court. The NAM rules include the Comprehensive Dispute Resolution Rules and Procedure and the Supplemental Rules for Mass Arbitration, as may be amended by these Terms. You may find the NAM rules online at www.NAMADR.com. The arbitration may be conducted in person or via document submission, telephone, or email, but the arbitration location shall be in Chicago, Illinois. The parties each waive any objection to personal jurisdiction and venue. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration.

No Class Actions

You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. This means that CLASS ACTION ARE NOT ALLOWED.

THIRD PARTY CONTENT

The Website may be linked with the apps and websites of third parties ("Third-Party Content"). We do not have control over and have not reviewed the content and performance of Third-Party Content. You agree to assume all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Content.

CHANGES

The posted version of the Terms and Privacy Policy on the Website are the current versions, and if any modifications are made, we will post the then-current versions on the Website. Any modified Privacy Policy will only apply as of the effective date of the Privacy Policy.

CONTACT INFO

You can contact us at inquiries@brittneykulik.com. Please use “Terms and Privacy Policy” in the subject line of your e-mail. We may store information gathered relating to your requests or communications or disclose it if needed to process your request.

Privacy Policy

This Privacy Policy, which is incorporated into our Terms above, outlines our privacy practices in connection with your use of the Website.

What does This Privacy Policy cover?

This Privacy Policy explains how we collect, use, and disclose information. It only applies to the Website and where we control data collection and use. It does not apply to any third-party websites, actions, or offers (together, “Third-Party Services”), regardless of links or connections through the Website. We do not control Third-Party Services, which have separate privacy practices.

When do we collect your information?

Generally, we collect certain limited personal information automatically when you visit or access the Website, like technical and device information. We may also collect personal information when you provide it to us, for example, by sending us an email.

Finally, we may use Google  cookies and tools, such as Google Analytics, to provide and improve our Website and for analytics. For more information, visit Google’s policies here: Google Cookie Policy (https://policies.google.com/technologies/cookies?hl=en-US), Google Analytics Opt-Out Browser Add-On (https://tools.google.com/dlpage/gaoptout), or Ads Settings (https://adssettings.google.com/authenticated). You may opt out of cookies or change your cookie settings in your internet browser or disable similar tracking technologies in your mobile phone or other device.

What categories of information do we collect?

We may collect the following categories of personal information:

Identifying Information, such as your name, email address, and phone number if you provide it.

Technical Information, such as your device information and IP address for site analytics.

Other Information, such as communications to us, if you provide it.

How is your information used?

We may use personal information for these reasons:

To Operate and Provide the Website, including to provide and improve the Website.

Communications, such as to respond to your requests or questions.

Security and Auditing, such as to detect security incidents, protect against malicious, fraudulent, or illegal activity, and to take action if applicable.

Comply with Legal Obligations, such as to comply with a court order or subpoena or to transfer privacy requests to relevant third parties.

How is your information disclosed to others?

We may disclose information under these circumstances:

To Service Providers or Contractors, who assist us in providing the Website.

To Legal Parties, who may require disclosure of data as authorized by applicable law in response to a subpoena, court order, or other legal process. We may also disclose information if we believe it is necessary to prevent or remedy illegal or harmful misconduct, including to law enforcement or to our legal, professional, or other advisors.

To Others due to your request or consent and as authorized by law.

How is your information protected?

While we use reasonable security measures and tools that are designed to be a security safeguard, and we take data security seriously, no system or website can be 100% secure. You should not expect that information communicated using our Website or the internet generally will be secure.

What are your privacy rights?

Certain users have privacy rights, such as to access, amend, and delete personal information we have collected. If you have a specific privacy request regarding your information, including under the California Consumer Privacy Act or other state laws, please contact us with your name, email address, and request. To protect user privacy and security, we may require that you, or your agent if applicable, verify the identity of the requestor.

How do we modify our Privacy Policy?

The version of this Privacy Policy posted on the Website is the current version, and if any modifications are made, we will post the then-current version. By continuing to access or use our Website after any modifications are posted, you agree to be bound by the modifications. Any modified Privacy Policy will only apply as of the updated date of the Privacy Policy.

Last updated on November 29th, 2024