Terms

 Updated April 28, 2021

Welcome to brittanyratelle.com, as operated by Brittany Ratelle, LLC. These are our rules if you want to use our website and the services or products available from our website. If you do not agree to these rules, you cannot use our site. We can change these rules whenever we want and will post the new rules on our site, whether you notice them or not. We have intentionally written them in a way that avoids legalese so that everyone can clearly understand and agree to the rules and understand their rights and responsibilities.

We hope there won’t be any problems and that you will reach out to us if you are having issues with our site, service, or products.

1.0 Site Services

Use of the site, including all information and educational materials presented here by Brittany Ratelle, LLC, is subject to the following terms and conditions and the Privacy Policy and Disclaimer, hereby incorporated by reference. These terms and conditions apply to all users of the site. By using the site you agree you have read and acknowledged these terms and conditions and agree to them as stated.

Materials on brittanyratelle.com contain general information about services and products, as well as general information about different areas of the law.

The information presented is not legal advice and does not constitute an attorney-client relationship with all of its rights, responsibilities and confidentiality. For an attorney client relationship to exist the user and attorney must sign an engagement letter detailing the terms of the professional relationship. If you have not signed something like that with me — I am NOT your attorney. Any 1:1 legal services would be offered through Ratelle Law, LLC and would be governed by the terms of that specific attorney-client relationship.This website may constitute attorney advertising under the laws of some states. Brittany Ratelle, LLC does not intend its site to constitute professional attorney advertising but recognizes that it may be so considered in certain jurisdictions. Materials and information provided on the website are not indicative of likely results in any particular legal matter.Brittany Ratelle, LLC cannot guarantee results; past results do not guarantee future results.

We agree to provide you with services, or the “Service(s)” “Site” through brittanyratelle.com. In exchange for providing this service, we require you to follow these rules:

You must be at least 13 years old to use the Site, or if you are a resident of the EU, you must be at least 16 years old. Don’t lie about your age. If you are under 18, you agree that a parent or legal guardian agrees to these rules on your behalf.
Don’t use the Site to do anything illegal or break the rules in our terms of use.
Don’t change anything about our website or applications, upload any type of virus or malware, or do anything that might interfere with the way the Site or its services works.
Don’t do anything that might affect how other people use and enjoy the Site. Be a good neighbor.
 Don’t encourage anyone to break these rules.
Use your common sense, and be a good human.
Don’t post anything violent, or anything that promotes violence or violent groups, or that might make other people feel scared.
Don’t post content that contains nudity, sexual violence, or commercial sexual services.
Don’t post content that promotes crime or anything that would break US law.
Do not post content related to certain regulated goods, like selling or trading non-medical drugs, pharmaceutical drugs, or marijuana.
Don’t bully anyone or post anything horrible about people. By bullying, we mean making a degrading statement about someone or posting inappropriate images that threaten someone. If you wouldn’t say it to someone’s face, you shouldn’t say it on the Site. And if you can’t say anything nice or at least constructive, maybe you shouldn’t say anything at all. 
Don’t post personal or private information about someone else. This includes someone’s contact information like their phone number, address, email, location, or other private details.
Don’t post stuff that doesn’t belong to you or infringes upon someone else’s intellectual property.

2.0 Your Rights

2.1 You have the right to feel safe using Site
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2.2 You have the right to your privacy on Site. Please refer to our Privacy Policy. 

2.3 Any communications made through our contact page, blog, blog comments, newsletter sign-up or other pages, or directly to us through phone, mail or email is not confidential and is subject to viewing and distribution by third parties. Please do not send any confidential information through an email or a web form as we cannot undertake new legal matters without a formal engagement letter and conflicts check. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by US law, and we will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.

We reserve the right to republish or distribute anything you upload to our site as reasonable in the course of our business. You agree not to submit any content that could be illegal or serve an unlawful purpose, including, but not limited to, content that is potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

2.4 You are responsible for anything you do on Site under your login, including things you post and comment on. You are responsible for making sure the stuff you post belongs to you, including any music or photos. If you post something you shouldn’t and get a fine,you will have to pay it.

3.0 Our Rights. We are not responsible for the following:

1. Links to other companies or websites, even when the link shows up on the Site
2. What happens when you connect your Site account to another website or service, including sharing a picture or video. You should read the rules for that service to know your rights.
3. The data cost on your mobile device for using Site or its services.
4. Any content that is stolen or copied from the Site by someone else.

We can end the Site and its services at any time or stop you from using Site at any time for any reason without letting you know beforehand. We can also delete content you have uploaded for any reason, whether you think they violated our rules or not. We do not have to pay you if we delete content that was making you money.

4.0 Intellectual Property Rights All images, text, designs, graphics, trademarks and service marks are owned by and property of Brittany Ratelle, LLC, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this Site is illegal and may be prosecuted to the fullest extent permissible, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. Do not try to use our stuff, remove it, change it, or claim to be us without written permission. It kind of goes without saying that we take intellectual property rights pretty seriously and that reserve all of the rights to the content found on these pages and related social media accounts.
 
You may NOT use our intellectual property in any way, which includes copying and pasting any text, screenshotting or reposting a image, design or other property on another site, whether it is yours or someone else’s, including posting a quote or image on social media. NOT ALL SHARING IS CARING. We have invested a lot of time and money into creating our intellectual property and we respect intellectual property rights—as should you. Karma is real, don’t steal.

We reserve the right to to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

If you believe in good faith that materials on the Site infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Services;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:

via mail: Brittany Ratelle, LLC
9323 N. Government Way #258
Hayden, ID 83835 

via email: hello@brittanyratelle.com

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

5.0 This Agreement

5.1 If you use other third-party services on the Site, including payment services, you will need to follow those rules or terms. If any of those rules conflict with these rules, those rules will win.

5.2 If a court finds any of this Agreement unenforceable, the other rules will still be valid.

5.3 Any changes to these rules must be made in writing. If we fail to enforce any of these rules for any reason, we still have the right to enforce them in the future, and our behavior will not be a waiver of our overall rights in this Agreement.

5.4 We reserve all the rights we did not expressly grant or tell you about in this Agreement.

5.5 No one else besides you and us (no third parties) have rights under this agreement.

5.6 You cannot give these rights or obligations to someone else without our consent. We can give our rights and obligations to someone else, however, like if we change ownership by selling part or all of our business, or if we need to for legal reasons.

6.0. Advertising, Affiliates and Testimonials
 
This site may use advertising or affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed ads or affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. Any testimonials reflect the accurate experience of the person quoted, however, your results with any particular product or service may vary.
 
 
7.0 Refunds & Payment Collection
 
We like to have fun, but we take our business seriously. We’d appreciate your careful consideration of the service and products available on the site, and we advise you to make your purchases carefully.
 
Due to the digital nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.  

8.0 Limits on Liability

8.1 Site operates as is, and we can't guarantee it will be safe and secure or will work perfectly all the time. Sometimes crazy things and mistakes happen, even when we try to find reliable vendors to help us operate the Site and its services. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. You should read and agree to their rules and terms.

8.2 We cannot predict when issues might arise with our service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. We are not responsible for lost profits, data or any kind of damages connected to you using the Site. The total limit on our liability to you under these Terms is the greater of: $100 or the amount you have paid us in the past twelve months.

8.3 You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent.

8.4 Nothing on the site, or offered through its services or products, is intended to diagnose or treat any physical or mental illness. No information on the site is intended to be legal, medical, or financial advice and is for educational purposes only, unless clearly marked otherwise.

9.0 How We Will Handle Disputes

9.1 We hope there won’t be any problems and that you will reach out to us if you are having issues with our service. But, if you have a legal problem with Site, you agree to use binding arbitration under the AAA, which means you will not get go to court by yourself or with others or be part of a class-action lawsuit or arbitration. We and you waive a trial by jury. The following claims don't have to be arbitrated and may be brought to court: small claims, intellectual property disputes (like copyrights and trademarks), or efforts to interfere with the services or engage with the service in unauthorized ways. A court can also decide issues about the scope and enforceability of these arbitration provisions. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

9.2 For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the appropriate court located in Kootenai County, ID. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

9.3 The laws of the State of Idaho , to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

10.0 Fine Print

10.1 Severability. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

10.2. Assignment. These terms and conditions are not assignable, delegable, or transferable by you, unless accepted by written consent by Brittany Ratelle, LLC . Any transfer, assignment, delegation or sublicense by you is invalid.

10.3 Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

10.4 Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Brittany Ratelle, LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Brittany Ratelle, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.

10.5 Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Brittany Ratelle, LLC

9323 N. Government Way #258
Hayden, ID 83835 

We appreciate feedback, but we may use any of your comments without any obligation to pay you and do not have to keep them confidential. For questions about this policy, you can email us at hello@brittanyratelle.com.