Terms and Conditions
TERMS AND CONDITIONS
IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING!
Please read these Terms of Use (“Terms”) carefully.
The following is a legal agreement between you (“Client”) and Tracy Lynn Coaching (“Coach”), which governs your use of Products (defined below) obtained by purchase through this website at www.tracylynncoaching.com, or any related domains or subdomains (the “Sites”).
In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Tracy Lynn Coaching and all Products produced by Tracy Lynn Coaching.
“Products” include but are not limited to: courses, masterclasses, challenges, workbooks, forms, templates, worksheets, communications, online meetings, Facebook group posts, email, audio files, audio workshops and any other related items for paid purchase or for which you supply personal information, including free downloaded material or other information available through the Sites. All such Products are the intellectual property of and are owned by Tracy Lynn Coaching.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Tracy Lynn Coaching's Products and contact Tracy Lynn Coaching immediately. Failure to agree to these Terms will not result in a refund (partial, prorated or otherwise).
Understand that by using these Sites, any Products, services or applications for which you tender payment, you agree that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
WHAT WE DO
Tracy Lynn Coaching is a resource through which you may obtain information to create a successful photography studio. Specifically, the Sites, services, and Products help you create a luxury boudoir studio that allows you to work less and make more. Communications between you and the Coach are protected by our privacy policy (see below), but are not protected by any other privilege.
NO WARRANTY FOR RESULTS
The Coach provides education she believes will be helpful to the Client. While the Coach makes every effort to provide the Client with education and actionable steps, the Coach can in no way guarantee particular results for the Client, as all results are a direct reflection of the work the Client puts into the Client’s business. While the Coach makes an effort to keep such documents current and updated, because industry health, market conditions and other external forces are constantly changing and varies, the Coach can in no way guarantee the effectiveness of its services, Products or any materials. Although specific information may be adequate in general circumstances, the Coach cannot guarantee that it will be effective in every application or circumstance.
Please keep in mind that nothing contained in the site or available through the Products, Materials and services of the Coach is intended to guarantee specific results. Your interaction with the Coach in any capacity does not form such a relationship. The Coach’s performance of services related to those offered through the Sites, information provided on the Sites, and Products sold through the Sites likewise does not create an express or implied warranty in any particular circumstance.
PRIVACY POLICY
Tracy Lynn Coaching permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here, (https://tracylynncoaching.com/privacy-policy/) which is incorporated herein by reference.
The Coach will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. The Coach will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. The Coach is the sole manager of such information collected on the Sites. Tracy Lynn Coaching will use such information to respond to you as necessary. You grant the Coach a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.
AFFILIATE LINKS
Links on the Sites may be affiliate links controlled by parties other than the Coach to help support the maintenance of the Sites. The Coach does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release the Coach from any loss or damage incurred from dealing with such affiliate.
STOCK PHOTOGRAPHY
Stock photography may be used on the Sites – all images are being used under license through the company providing the stock images.
INTELLECTUAL PROPERTY LICENSE
Tracy Lynn Coaching retains ownership of the intellectual property in (a) all text, logo, images, headers, trademarks, service marks, graphic, design, selection and arrangements thereof appearing on the Sites; (b) within or on any Products; (c) any content made available to you pursuant to your use of the Coach’s services; and (d) any other intellectual property rights afforded to the Coach either through state or federal registration, or as otherwise available at common law (“Intellectual Property”). Except as stated below, the Coach does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites or services, including but not limited to workshops, worksheets, or through one-on-one advice sessions.
You agree not to make unauthorized use of or otherwise infringe upon Tracy Lynn Coaching’s Intellectual Property in any way and understand that it is your responsibility to ensure you refrain from doing so. Tracy Lynn Coaching will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and ask that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
So long as you comply with this Terms of Use, Tracy Lynn Coaching grants you a non-exclusive, non-transferable license to download, view, copy and print the Products you purchase solely for your personal use with respect to your photography clients or similar business use, which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, any state trademark authority, and as provided by common law;
(3) do not use the Products or otherwise offer them on any website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products accordingly in no way expands the limited license provided herein, nor does it include ownership of any intellectual property rights, or a general right of modification beyond that allowed by Permitted Use.
You are reminded that Tracy Lynn Coaching will prosecute any unauthorized reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution, which is expressly outside of Permitted Use defined herein, to the fullest extent of the law.
Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Tracy Lynn Coaching is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and the Coach will not reimburse you for such downloads.
PAYMENTS
In the event that your form of payment is declined or otherwise fails, Tracy Lynn Coaching will contact you via a courtesy email to inform you of such a problem. Failure to receive a courtesy email does not remove your responsibility for a timely payment. The Coach will revoke your access to Products until such time as payment for amounts due is received. In the event of a default in the payment of installments, the Coach, without notice or demand, may declare the entire balance due, payable immediately.
If a payment failure is not resolved within fourteen days, the Coach reserves the right to decline your access to Products and may pursue whatever remedies may be appropriate, including submitting such amounts past due and balances remaining on the purchase payment plan to a collections agency of its choice.
LIMITED LICENSE
You must purchase access to Products from Tracy Lynn Coaching. The access license you will receive upon successful payment includes an individualized username and password. The license is non-transferable and is intended for use solely by your individual person or employees under your business entity. Under this agreement, access does not provide a license for sharing, duplication or any other method of sharing the material from Tracy Lynn Coaching. Violating this limited license will be prosecuted to the full extent of the law.
RETURN/REFUND POLICY
Refunds are the sole and complete discretion of Tracy Lynn Coaching. Refunds are only available for 30 days from the date of your initial purchase of the item. You may request a refund by emailing [email protected]. To request a refund, whole or in part, the Client must have completed all coursework assignments related to the product and had no results. Upon receipt of your request for a refund, the Coach will send you a form that you have 5 days to fill out and return with proof of adequately and fully completed coursework.
Failure to submit the accompanying materials will not extend the time for refund request despite the timely submission of the request form. Upon approval of the refund, access to materials will be terminated and refunds will be processed within 14 business days.
NO WARRANTIES
PRODUCTS ARE PROVIDED “AS IS”. TRACY LYNN COACHING OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE COACH MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, TRACY LYNN COACHING SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.
EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO TRACY LYNN COACHING, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of the State of Illinois. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the county of Union County, Illinois. Tracy Lynn Coaching reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Tracy Lynn Coaching’s Products, Materials and services.
MISCELLANY
Tracy Lynn Coaching, LLC may, at any time, amend, alter or change these terms and conditions. Amendments and addition of terms are effective immediately upon change. Any use of the Sites or Tracy Lynn Coaching products after this change demonstrates an acceptance of terms.
No waiver of these Terms shall be deemed, or shall constitute, a waiver of any term, provision or effectiveness of the Terms herein.
LEGAL DISCLAIMER FOR TRACY LYNN COACHING
Tracy Lynn Coaching provides general documents we hope will be helpful to those of you who have chosen to complete your own business forms and related documents. While Tracy Lynn Coaching makes an effort to keep such documents current and updated, because the law is constantly changing and varies among jurisdictions which may affect business formation and maintenance requirements, Tracy Lynn Coaching can in no way guarantee the effectiveness of its services, Products or any materials in any particular jurisdiction. Although a specific document may be adequate in general circumstances, Tracy Lynn Coaching cannot guarantee that it will be effective in every application or circumstance. Please keep in mind that the general legal information provided on the Site and otherwise available through the Products is not legal advice and cannot be guaranteed to be correct or accurately updated. Tracy Lynn Coaching encourages you to seek legal advice for particular or more complex matters, including selection of business entity for formation purposes. Accordingly, Tracy Lynn Coaching strongly encourages you to consult with a licensed attorney in your area to ensure legal compliance related to your business formation and maintenance.
CONTACT
By using the Sites and entering personal information, you give Tracy Lynn Coaching permission to contact you via email and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Tracy Lynn Coaching know by contacting us at [email protected].
Last Updated June 20, 2024
