The following Terms & Conditions are entered into by and between You and Nichole Sheley (“Company,” “us,” “we,” or “our”), which owns and operates https://www.brokenpranch.com (the “Site”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), are a binding agreement and govern your access to and use of the Site, including any content, product, functionality, and services offered or purchased on or through the Site.
Please read these Terms and Conditions carefully before you start using the Site.
By visiting and using the Site or by clicking to accept or agree to the Terms & Conditions when this option is made available, you indicate that you accept and agree to be bound and abide by these Terms & Conditions and any documents incorporated herein by reference. If you do not agree with these Terms & Conditions, you must cease using the Site or any related services immediately.
This Site is intended for individuals 18+ years of age or older.
By visiting and using this Site, you represent and warrant that you are of legal age and meet all of the preceding eligibility requirements.
CONTENT
All information on this Site, including any copyrights, trademarks, design rights, and other intellectual property rights related to the content and work product on this Site, are owned by Nichole Sheley, except the content you submit to us outlined in the section below.
The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Site does not grant you any ownership rights to the Content of our Site.
The reproduction in any format (including on another website) of any part of our Site (including content, images, and designs) without our prior written consent is strictly prohibited.
Requests for prior written consent should be addressed to the following email: [email protected].
You may provide links to our Site as long as
- you give credit to us as the author,
- include a hyperlink to our Site,
- you do not remove or obscure any portion of our Site by framing or otherwise,
- your website does not engage in illegal or pornographic activities and
- provided you do so fairly and legally and do not damage our reputation or take advantage of it.
You must not provide links in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.
You must not provide links from any website that you do not own.
You must cease providing links to our Site immediately upon our request.
RELIANCE ON CONTENT
The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.
Every effort has been made only to provide complete and accurate information. However, we disclaim all responsibility and liability arising from any inaccuracies and reliance on the information presented on this Site. We shall not be liable for any damages or harm.
CONTENT YOU SUBMIT TO US
You may be provided with the ability to upload, display, post, transmit, send, email, or otherwise submit to us on the Site or any of our social media accounts content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content,” or “content you submit to us”).
You expressly acknowledge and agree that once you submit the content to us, it will be accessible to others and that there is no confidentiality or privacy about such content, including, without limitation, any personally identifying information you may make available.
You, and not us, are entirely and solely responsible for all the content you submit to us. We do not claim ownership rights in the content you submit to us. However, you at this moment grant to us a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or hereafter devised.
You represent and warrant that
• the content you submit to us is your original creation, or you own the content or otherwise have the right to grant the license set forth above
• the content you submit to us does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person,
• the content you submit to us does not result in a breach of contract between you and a third party,
• the content you submit to us does not contain any libelous, defamatory, or obscene material or content that violates our terms of use or those of our social media accounts.
You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark, or other proprietary rights of the content you submit to us and for all royalties, fees, and any other monies owing any person because of the content you submit to us.
NO WARRANTIES
We make no representations or warranties of any kind, express or implied, as to the performance or operation of the Site and the information, contents, materials, documents, products, or services included on or through the Site. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will our company or its directors, employees, or agents be liable to you or any third person for any direct, indirect, or consequential loss or damage incurred in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.
You expressly acknowledge and agree that our company, its directors, employees, or agents
shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages you may incur, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
PROHIBITED USE
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.
You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or trying to damage, disable, or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.
You agree to use the Site for lawful purposes only, and any violation of any provision contained in these Terms may subject you to civil and criminal liability.
COMMENTS
When you leave a comment on our Site, your comment will be publicly available to other Site visitors.
For spam detection purposes, we collect the data in the comments form, your IP address, and your browser user agent string per our Privacy Policy: https://www.brokenpranch.com/privacy-policy/.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
If you leave a comment on our Site, you may opt to save your name, email address, and website in cookies. These are for your convenience, so you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
Your comment may be checked through an automated spam detection service.
You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we must keep for administrative, legal, or security purposes.
We reserve the right to remove any comment we deem unlawful, inappropriate, offensive, or otherwise objectionable or violating intellectual property laws or these Terms & Conditions.
PRIVACY POLICY
While using the Site, you may provide certain personally identifiable information, such as your name, email address, or IP address.
We process information about you through our Privacy Policy. https://www.brokenpranch.com/privacy-policy/
Using our Site, you consent to such processing and warrant that all data you provide is accurate.
LINKS TO THIRD PARTY SITES AND SERVICES
This Site may, from time to time, contain links to third-party sites and services.
We do not control and assume no responsibility for the content or practices of any third-party Sites or for any loss or damage that may arise from your use of them.
We recommend reviewing the privacy policies and terms and conditions of such third-party sites. Once you leave our Site, you are no longer governed by our Terms & Conditions.
EMBEDDED CONTENT FROM OTHER SITES
Content on this Site may include embedded content (e.g., videos, images, articles, etc.).
Embedded content from other sites behaves like the visitor visiting another website.
These sites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that site.
AFFILIATE LINKS
We may have a financial relationship with some of the merchants we mention.
This Site may contain affiliate links, which means we may compensate you at no extra cost if you purchase through a link.
We participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Advertisers or affiliate partnerships do not influence our editorial content, including our opinions on products, services, and merchants.
We endorse only products, services, and merchants that we have personally used and tested and consider to be of the highest quality.
INTELLECTUAL PROPERTY
The contents, materials, documents, courses, products, or services included, offered, or purchased on or through the Site are protected by international copyright law. They may not be copied, reproduced, given away, or used to create derivative works without our permission.
When using the Site, purchasing a digital product or course from the Site, or downloading a digital product free of charge or in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of our contents, materials, documents, products, courses or services included, offered, or purchased on or through the Site for your personal or internal business use only.
You expressly acknowledge and agree that we retain complete copyrights, and under those as mentioned above limited, personal, non-exclusive, non-transferable license, you have no right to:
– modify, copy, reproduce, or sell the materials;
– use the materials for any commercial purpose;
– decompile or reverse engineer;
– remove any copyright or other proprietary notations from the materials;
– transfer the materials to another person;
– create derivative works based on the materials;
– Offer any competing products based on the materials.
CONFIDENTIALITY
You acknowledge and agree that Confidential Information may be exchanged between parties in connection with the use of our Site and information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.
You must maintain the secrecy of Confidential Information and treat all Confidential Information as private and confidential. You shall use Confidential Information solely to perform the obligations under these Terms & Conditions. You shall only disclose the Confidential Information with prior written consent except where law or regulation requires. You shall indemnify us against all losses, costs, expenses, and other liabilities that may be suffered or incurred in connection to or arising out of any breach of confidentiality.
Please refer to our Refund & Return Policy for further information. https://www.brokenpranch.com/refund_return/
GOVERNING LAW
These Terms of Use and any dispute or claim arising from or in connection with them shall be governed by the laws of the State of Illinois and the United States by law.
MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE REVIEW THEM CAREFULLY.
In case of a dispute relating to or arising out of your use of our Site, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall submit the dispute to binding arbitration. The arbitration shall be conducted in Springfield, IL. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Illinois. Each Party shall pay its costs and fees. Claims necessitating arbitration under this section include, but are not limited to, contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. In agreement with this sub-part of this Agreement, the Parties waive any rights they may have to a jury trial regarding arbitral claims. The Parties waive any rights to pursue or participate in a class or collective action.
INDEMNIFICATION
You agree to indemnify, defend, and hold us and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, and affiliates free from and against any legal claims, demands, liability, loss, claim, and expense, including reasonable attorney fees, court costs and other legal expenses, which may arise from or relate to your violation of these Terms & Conditions, any act or omission in connection with your use of our Site, or your infringement, of any intellectual property or other right of any person or entity.
AMENDMENTS
We reserve the right to revise these Terms & Conditions at any time by amending this page.
All updates will be posted on this page, and you are expected to check it occasionally to take notice of any changes.
If you disagree with these changes to the Terms & Conditions, you can stop using our Site.
ENTIRE AGREEMENT; MODIFICATION
These Terms & Conditions constitute the entire understanding between the parties concerning the subject matter and expressly incorporate, supersede, and replace all prior or contemporaneous oral and written agreements.
No portion or provision of these Terms & Conditions may be changed, modified, amended, waived, supplemented, discharged, canceled, or terminated orally or by any course of dealing or in any manner other than upon written notice.
COUNTERPARTS
These Terms & Conditions may be executed in any number of counterparts in separate counterparts, each of which shall be deemed an original, and all taken together shall constitute the same Terms & Conditions.
ASSIGNMENT
Neither these Terms & Conditions nor any of the rights, interests, or obligations granted hereunder shall be assigned, sold, leased, or otherwise transferred in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of the other parties. Subject to the preceding, these Terms & Conditions will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.
SEVERABILITY
Any provisions of these Terms & Conditions which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable, such provision in any other jurisdiction. In such condition, the remainder of these Terms & Conditions shall continue in full force and be enforced to the maximum extent possible.
NO WAIVER
The failure to exercise any right, power, or remedy provided under these Terms & Conditions or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or another right, power or remedy or to demand such compliance.
HEADINGS AND CAPTIONS
The headings and captions in these Terms & Conditions are included for the convenience of reference only and in no other way define, limit, or delineate any of the provisions hereof or otherwise affect their construction or effect.
FORCE MAJEURE
Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control, including, but not limited to, acts of God, acts of war or terrorism, acts of civil authorities, acts of military officers, riots, embargoes, acts of nature and natural disasters shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the preceding, in the event of such an occurrence, each party agrees to make a reasonable faith effort to perform its obligations hereunder.
TERMINATION
We reserve the right to terminate your rights under these Terms & Conditions without notice if you fail to comply with any of these Terms & Conditions.
Last updated: Dec 13, 2024