Terms of Service
Brandie Freely, (“Brandie Freely,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our websites, including, without limitation, https://www.brandiefreely.com/ , https://www.theescapismretreat.com/ (the “Websites”).
We grant access to our Websites ("Visitors") under the conditions outlined in the following Terms of Use, which we may periodically revise without prior notice. By navigating the publicly accessible sections or by entering and utilizing the Websites, you acknowledge that you have reviewed, comprehended, and consent to be legally obligated by these Terms of Use and our Privacy Policy, which is hereby included by reference (together referred to as this "Agreement"). If you do not consent to any of these terms, kindly refrain from using the Websites.
Any individual who registers with us (referred to as a "Registered User") and intends to make a purchase of a product or service through one of our Websites agrees to abide by the terms set forth in this Agreement and the accompanying Terms and Conditions of Purchase applicable to that specific product or service. In the event of any inconsistency between the terms in this Agreement and the Terms and Conditions of Purchase, the latter shall take precedence.
THE SECTIONS BELOW, ENTITLED "BINDING ARBITRATION" AND "CLASS ACTION WAIVER," INCLUDE A LEGALLY BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT HAVE AN IMPACT ON YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
Terms not explicitly defined in these Terms of Use shall be interpreted in accordance with the definitions provided in our Privacy Policy.
1. Description and Use of Our Websites
We grant access to the Services, as outlined below, for both Visitors and Registered Users.
Visitors: As the term implies, Visitors are individuals who do not complete the registration process but wish to explore our Websites. No login is required for Visitors. They have the privilege to: (i) view all publicly-accessible content on the Websites; and (ii) communicate with us via email.
2. Registered Users
Registered Users possess the same privileges as Visitors and, in addition, have the ability to: (i) make purchases of products and services through our Websites; (ii) access exclusive content exclusively available to Registered Users; (iii) establish, access, manage, and update their personal accounts on our Websites; (iv) post comments and other content on the Websites, collectively referred to as "Registered User Content"; (v) enroll in our various programs; (vi) subscribe to alerts and other notifications; and (vii) become part of the Brandie Freely community.
Brandie Freely retains the discretion to accept or decline any individual as a Registered User and reserves the right to deactivate any account, including instances where it determines that a Registered User has violated these Terms of Use.
3. Community Rules
For the Brandie Freely community to thrive, it's essential that all users adhere to a set of straightforward rules. By accessing and/or utilizing the Websites, you commit to complying with these community rules (referred to as the "Community Guidelines") and agree that:
You will adhere to all applicable laws when using the Websites and will not employ them for any unlawful purposes.
You will refrain from uploading, posting, emailing, transmitting, or otherwise sharing any content that:
Violates the copyrights, trademarks, or other proprietary rights of any individual or entity.
Is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of someone else's privacy, promotes violence, or contains hate speech (i.e., speech that targets or degrades a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity).
Reveals sensitive information about another person, including their email address, postal address, phone number, credit card details, or similar information.
You will not engage in "stalking," threats, or harassment of others.
You will refrain from spamming or using the Websites for commercial purposes.
When posting Registered User Content, you will stay on topic.
You will not utilize the Websites to gather market research for a competing business.
You will not impersonate any person or entity or provide false information about your affiliation with a person or entity.
You will not attempt to disrupt the proper functioning of the Websites, whether through viruses, devices, data collection or transmission mechanisms, software, routines, hacking, password or data mining, or any other means.
You will not obstruct, obscure, or interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites.
You will not employ any robots, spiders, scrapers, or other automated methods to access the Websites without our explicit written consent. However, we grant permission to operators of public search engines to use spiders for the sole purpose of creating publicly-available searchable indices of the materials from the public portions of the Websites, excluding caches or archives of such materials.
You will not take actions that, at our sole discretion, impose an unreasonable or disproportionately large load on our technical infrastructure.
If you encounter inappropriate content that violates our Community Guidelines, you will promptly report it to us. We will review and address reported violations.
We maintain the right, at our sole and absolute discretion, to deny your access to the Websites or any part thereof without notice, and to remove any content that does not align with these Community Guidelines.
4. Restrictions
The Websites are only available for individuals aged 15 years or older. If you are 15 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Payment and Charges
To compensate for any services or products you purchase, you are obligated to remit all relevant fees and taxes to Brandie Freely. We (or our designated third-party payment processor) will seek authorization for the full payment of these fees and applicable taxes through your credit card, bank account, or another approved payment method you provided during the registration process. By using our services, you grant consent for this procedure. In case your provided mailing address is within the United States, all payments will be processed and denominated in U.S. dollars. If your provided mailing address is outside the United States or its associated territories, payments will be processed and denominated in your local currency.
It is imperative that you furnish accurate, up-to-date, and complete billing and credit card information. You are responsible for promptly updating all billing information, including billing address, card number, and expiration date, to ensure the accuracy and completeness of your account. In the event your credit card is lost, stolen, or if you suspect any breach of account security (e.g., unauthorized disclosure or use of your Sign-In Name or Password), you must promptly notify us. You authorize Brandie Freely to obtain or ascertain updated or replacement expiration dates for your credit card if it expires. We retain the right to charge any renewal card issued to you to the same extent as the expired card. If your credit card issuer does not remit payment, you agree to fulfill all outstanding payment obligations upon demand. You also commit to covering all collection costs, including attorney's fees and expenses, associated with any unpaid balances. In some instances, your credit card issuer may levy foreign transaction fees or related charges, which you are responsible for settling. We recommend checking with your bank and credit card issuer for specific details.
5. Ownership of Intellectual Property
The Websites encompass a variety of materials, including but not limited to videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other content (collectively referred to as the "Content") supplied by or on behalf of Brandie Freely. The Content may be the property of either us or third parties and is safeguarded by both United States and international laws. Unauthorized utilization of the Content may infringe upon copyright, trademark, and other legal provisions.
Visitors are allowed to view all publicly-accessible Content for their own personal, non-commercial purposes. Registered Users who have procured any product or service are permitted to download and view Content associated with the purchased product or service on their personal devices for their own personal, non-commercial use. Apart from the explicit permissions granted in the preceding two sentences, you possess no other rights regarding the Content (excluding your own Registered User Content that you publish on the Websites), and you must only use the Content in accordance with the terms outlined in this Agreement. Any other utilization requires the prior written consent of Brandie Freely. We retain full ownership, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices found in the original Content. You are not allowed to sell, transfer, assign, license, sublicense, or modify the Content, nor may you reproduce, display, publicly perform, create derivative works from, distribute, or employ the Content in any manner for public or commercial purposes. Specifically, the use or posting of Content on any other website, social media page, or within a networked computer environment for any purpose is strictly prohibited.
If you breach any part of this Agreement, your right to access and/or use the Content and the Websites will be automatically terminated, and you must promptly delete any copies of the Content you may have.
The trademarks, service marks, and logos of Brandie Freely (the "Brandie Freely Trademarks") displayed on the Websites are registered and unregistered trademarks or service marks owned by Brandie Freely. Other company, product, and service names featured on the Websites may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," collectively referred to as the "Trademarks"). Nothing on the Websites should be interpreted as granting, by implication, estoppel, or any other means, any license or right to use the Trademarks without our prior written consent for each specific use. The utilization of the Trademarks as part of a link to or from any other site is prohibited unless such a link has been preapproved by us in writing. Any benefits derived from the use of Brandie Freely Trademarks accrue exclusively to our benefit.
Elements of the Websites are shielded by trade dress, trademark, unfair competition, and other federal and state laws and may not be copied or imitated, in whole or in part, through any means, including but not limited to framing or mirroring. Reproduction of any Content is not permitted without our explicit, written consent for each individual instance.
6. Registered User Content; Licensing
As previously mentioned, the Websites afford Registered Users the capability to publish and upload their Registered User Content. You explicitly acknowledge and consent that once you submit your Registered User Content for inclusion on the Websites, it becomes accessible to others, and there is no expectation of confidentiality or privacy concerning said Registered User Content. This includes, but is not limited to, any personally identifying information that you may choose to disclose. YOU, AND NOT BRANDIE FREELY, ASSUME FULL RESPONSIBILITY FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.
You retain all copyrights and other intellectual property rights pertaining to your own Registered User Content. However, you hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, merge with other content, replicate, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for financial gain) your Registered User Content and all related intellectual property and moral rights, worldwide, through any means, methods, media, or technology currently known or developed in the future. You also provide us and our sublicensees with the right, though not the obligation, to employ your Registered User Content, Sign-In Name, name, likeness, and photograph in connection with any usage of the relevant Registered User Content, as allowed by the previous sentence, and/or for the promotion and advertisement of the Websites, Brandie Freely, and our products and services. It is important to recognize that these rights and licenses may encompass the presentation of your Registered User Content, name, likeness, and photograph alongside advertising and other materials or content, including for commercial purposes.
When you submit Registered User Content to us, each submission constitutes a representation and warranty to Brandie Freely that such Registered User Content is your original creation (or that you have the requisite rights to provide the Registered User Content), that you possess the necessary rights to grant the license for the Registered User Content as outlined in the preceding paragraph, and that your submission and its utilization by Brandie Freely and its content partners, in accordance with this Agreement, neither infringes upon nor misappropriates the intellectual property or moral rights of any individual, nor does it contain any defamatory, libelous, or obscene material or content that violates our Community Guidelines.
7. Unsolicited Submissions; Correspondence with Us
We and our staff do not entertain, evaluate, or consider unsolicited concepts, proposals, materials, works, ideas, suggestions, content, or creative submissions of any nature, encompassing but not limited to books, stories, articles, scripts, fan fiction, animations, shows, classes, ad campaigns, promotions, products, services, product names, or other creative materials (collectively referred to as "Unsolicited Submissions"). Please refrain from transmitting or providing any Unsolicited Submissions in any form. Our company policy mandates the immediate deletion of such Unsolicited Submissions without any prior review.
This section aims to prevent potential misunderstandings or disputes that may arise when our products, services, or content bear resemblance to an Unsolicited Submission you may have forwarded to us. If, despite our explicit request not to submit Unsolicited Submissions, you still choose to do so, then regardless of the content of your submission, the subsequent terms will govern your Unsolicited Submissions.
• You acknowledge that no fiduciary or confidential relationship is established between you and us due to your submission of any Unsolicited Submissions. • You acknowledge that materials (or segments thereof) created, developed, obtained through acquisition, licensed, or otherwise procured by us, or third-party materials to which we have had access, may exhibit similarities or even identity with the Unsolicited Submission (or segments thereof) in terms of theme, idea, plot, format, or other aspects. Consequently, you affirm that you are not entitled to any compensation arising from the use of such similar or identical material. In connection with this, you hereby irrevocably release and discharge us from all claims, damages, legal fees, expenses, costs, debts, actions, and causes of action of any kind, whether presently known or unknown, suspected or unsuspected, asserted or unasserted, that you currently possess, have ever had, or may have in the future against us, stemming in any way from or associated with any such similar or identical material. • Although we encourage you to send us feedback and inquiries regarding our existing products and services via email, we discourage you from sending us any content containing confidential information. Additionally, any such feedback or inquiries conveyed to us will be treated as non-confidential and non-proprietary, and we reserve the right to use and distribute them freely without the obligation to provide compensation or attribute them to you.
8. Disclaimers and Liability Limitations
THE WEBSITES AND THE CONTENT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THIS INCLUDES NO WARRANTY THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THEY, ALONG WITH THEIR SERVERS AND CONTENT, ARE FREE FROM COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION TO ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND UTILIZE THE WEBSITES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES YOU MAY INCUR DUE TO YOUR USE OF THE WEBSITES OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US FOR ANY PURCHASES MADE WITHIN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
CERTAIN JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF SPECIFIC WARRANTIES. AS A RESULT, SOME OF THE AFOREMENTIONED LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS MANDATED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS FOUND ON THE WEBSITES. THE WEBSITES MAY PROVIDE INFORMATION REGARDING PARTICULAR PRODUCTS AND SERVICES, NOT ALL OF WHICH MAY BE ACCESSIBLE IN EVERY GEOGRAPHIC LOCATION. MENTION OF A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS CURRENTLY AVAILABLE IN YOUR AREA. WE RESERVE THE RIGHT TO IMPLEMENT CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT PRIOR NOTICE.
9. External Sites
The Websites may include links to websites operated by third parties ("External Sites"). These links are provided solely for your convenience and do not constitute an endorsement by us of the content found on such External Sites. The content of these External Sites is developed and provided by third parties. If you have concerns regarding such links or the content on External Sites, you should contact the site administrator or webmaster of the respective External Site. We assume no responsibility for the content of any linked External Sites and make no representations regarding the accuracy or content of materials on these External Sites. When downloading files from any website, exercise caution to protect your computer from viruses and other malicious programs. Access to linked External Sites is at your own risk.
10. Representations; Warranties; and Indemnification
(a) If you are a Registered User, you hereby declare, warrant, and pledge that:
• You own or possess the requisite licenses, rights, consents, and permissions for all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in your Registered User Content and any other works incorporated into your Registered User Content, as well as the rights necessary to grant the licenses and permissions outlined herein. • The use of your Registered User Content in the manners contemplated by this Agreement will not infringe upon or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party. • You will not submit to the Website any Registered User Content that violates our Community Guidelines or any other terms of this Agreement.
(b) You agree to defend, indemnify, and hold us, along with our officers, directors, employees, agents, successors, licensees, and assigns, harmless from and against any damages, liabilities, losses, expenses, claims, actions, and demands, including reasonable legal and accounting fees, arising from:
(i) Your breach of this Agreement. (ii) Your misuse of the Content or the Websites. (iii) Your violation of any third-party rights, including but not limited to copyright, trademark, property, publicity, or privacy rights.
We will notify you of any such claim, lawsuit, or proceeding and will assist you, at your expense, in defending any such claim, lawsuit, or proceeding. We reserve the right to assume exclusive control and direction (at your expense) of any matter subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests to aid in our defense of the matter.
11. Compliance with Applicable Laws
The Websites are operated in the United States. We do not guarantee whether the Content can be legally downloaded, viewed, or used outside of the United States. If you access the Websites or the Content from a location outside of the United States, you do so at your own risk. Whether within or outside the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12. Termination of the Agreement
We reserve the unilateral right to limit, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason, without prior notice or liability. We also reserve the right to modify, suspend, or discontinue all or any part of the Websites without prior notice or liability. The following sections shall endure any termination of this Agreement: "Fees and Payment" (until all fees and taxes due are paid), "Intellectual Property," "Registered User Content; Licenses," "Communications with Us," "No Warranties; Limitation of Liability," "Representations; Warranties; and Indemnification," "Termination of the Agreement," "Compliance with Applicable Laws," "Controlling Law," "Binding Arbitration," "Class Action Waiver," "Equitable Relief," and "Miscellaneous."
13. Digital Millennium Copyright Act
Brandie Freely holds a deep respect for the intellectual property rights of others and endeavors to adhere to all relevant laws. We will diligently assess all claims of copyright infringement received and promptly remove any Content that is found to have been posted or distributed in violation of such laws.
Our designated agent for receiving notifications of claimed infringement under the Digital Millennium Copyright Act (the “Act”) is as follows:
Brandie Freely, Inc.
Email: bfree@brandiefreely.com
If you believe that your work has been copied on the Websites in a manner constituting copyright infringement, please notify our agent in accordance with the requirements of the Act. Your notice should include: (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where the work can be found; (ii) details about the location of the original or an authorized copy of the copyrighted work; (iii) your contact information, including address, phone number, and email; (iv) a statement by you, under penalty of perjury, confirming that you genuinely believe the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an assertion, also made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or an authorized representative of the copyright owner; and (vi) an electronic or physical signature of the copyright owner or the authorized representative.
14. Governing Law
This Agreement and any actions arising from it will be governed by the laws of the State of California, without regard to its conflict of laws principles.
15. Binding Arbitration
In the event of a dispute arising under or related to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may opt to resolve the dispute through binding arbitration, governed by the Federal Arbitration Act (“FAA”). The choice to arbitrate, once made, is binding on both parties. IF EITHER PARTY ELECTS ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT OR TO A JURY TRIAL, UNLESS EITHER PARTY CHOOSES TO PURSUE THE CLAIM IN A LOCAL SMALL CLAIMS COURT WHERE SUCH ACTION IS PERMITTED BY THAT COURT'S RULES AND WITHIN ITS JURISDICTION. ARBITRATION PROCEDURES DIFFER FROM COURT PROCEEDINGS, AND DISCOVERY AND APPEAL RIGHTS IN ARBITRATION MAY BE LIMITED. All disputes will be resolved by a neutral arbitrator selected jointly by the parties, and the arbitrator's decision will be final, except for a limited right of appeal under the FAA. Arbitration will be conducted through JAMS, following its prevailing Comprehensive Arbitration Rules at www.adr.org and Procedures, or, if applicable, its Streamlined Arbitration Rules and Procedures. All applicable JAMS rules and procedures are accessible on the JAMS website at www.jamsadr.com. Each party shall be responsible for bearing its own JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. The arbitrator's award may be entered in any court of competent jurisdiction. This clause shall not prevent either party from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. Arbitration may be conducted in person, through document submissions, by phone, or online. If conducted in person, the arbitration will take place in the United States county where you reside. Both parties may litigate in court to enforce arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on an arbitrator’s award. The parties will engage in good faith, voluntary, and informal exchange of all non-privileged documents and other information (including electronically stored information) that are relevant to the Dispute immediately after the arbitration commences. As specified in Section 18 below, this Agreement will not preclude us from seeking injunctive relief from a court of competent jurisdiction when necessary to protect our proprietary interests.
16. Class Action Waiver
You agree that any arbitration or proceeding will be restricted to disputes between us and you individually. To the fullest extent permitted by law, (i) no arbitration or proceeding will be combined with another; (ii) no Dispute will be arbitrated or resolved on a class-action basis or through class-action procedures; and (iii) no Dispute will be brought as a purported representative claim on behalf of the general public or any other individuals. YOU CONSENT THAT YOU WILL BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE PROCEEDING.
17. Equitable Relief
You acknowledge and concur that if you breach or threaten to violate our intellectual property rights or our confidential and proprietary information, we will incur irreparable harm and will therefore be entitled to seek injunctive relief to enforce this Agreement. In addition to our other remedies under this Agreement, we may seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief necessary to protect our rights and property pending the outcome of the above-referenced arbitration. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts located in the State of California, for any such legal action brought by us.
18. Miscellaneous
Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision herein. No waiver shall be effective against us unless made in writing, and such waiver shall not be deemed a waiver in any other or subsequent instance. This Agreement, unless explicitly stated otherwise in writing, constitutes the entire agreement between you and us concerning the subject matter herein, supplanting all prior or contemporaneous agreements, whether written or oral, between the parties on this subject. The section headings are provided for convenience only and shall not carry any legal significance. This Agreement shall extend its benefits to our successors, assigns, licensees, and sublicensees.