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triciaperkins.com

Terms & Conditions

These Terms of Service (“Terms”) govern your access to and use of our website, software, applications, products, and related services (collectively, the “Services”).

By accessing or using the Services, creating an account, or otherwise indicating your acceptance of these Terms, you agree to be bound by them and by any related policies referenced within the Services. If you do not agree with these Terms, you should not use the Services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you, whether acting individually or on behalf of a business or organization, and Tricia Perkins, LLC.

By using the Services, you represent that you have the legal authority to enter into this agreement.

We may update these Terms from time to time. Material changes may be communicated by email, through the Services, or by another reasonable method.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those changes.

2. License and Access

Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Services for their intended purposes.

The Services are licensed or made available to you and are not sold to you.

Unless expressly permitted in writing, you may not:

  • Copy or reproduce substantial portions of the Services

  • Sell, sublicense, rent, lease, or redistribute access to the Services

  • Reverse engineer or attempt to extract source code

  • Modify or create unauthorized derivative works

  • Circumvent security or access-control mechanisms

  • Use our trademarks, branding, or proprietary technology without permission

All rights not expressly granted are reserved.

3. Accounts and Security

Certain features may require you to create an account.

You agree to provide accurate, current, and complete information and to keep your account information updated.

You are responsible for:

  • Maintaining the confidentiality of your login credentials

  • Restricting unauthorized access to your account

  • All activity conducted through your account

  • Ensuring authorized users comply with these Terms

  • Promptly notifying us of suspected unauthorized access or security incidents

If your account includes team members, employees, contractors, instructors, affiliates, or other users, you are responsible for their use of the Services.

We may suspend or restrict account access where reasonably necessary to protect the Services, other users, or our systems.

4. Fees, Payments, and Billing

Certain Services may require payment.

By purchasing a subscription, product, or service, you agree to pay all applicable fees associated with your selected plan or purchase.

Unless otherwise stated:

  • Subscription fees may be billed in advance

  • Billing may occur monthly, annually, or according to the selected billing period

  • Fees may be non-refundable except where required by law or expressly stated otherwise

  • Applicable taxes or additional charges may be added where required

By providing a payment method, you represent that you are authorized to use it and authorize us or our payment processor to charge the applicable amount.

Third-party payment processors may process your payment information subject to their own terms and privacy practices.

5. Price Changes

We may modify pricing for the Services.

Where applicable, we will provide reasonable notice before new pricing applies to an existing subscription.

Continued use of a paid Service after a pricing change becomes effective constitutes acceptance of the updated pricing.

6. Failed Payments and Past-Due Accounts

You are responsible for maintaining a valid payment method.

If a scheduled payment fails, we may:

  • Retry the payment

  • Notify you of the failed payment

  • Limit administrative or account access

  • Restrict certain features

  • Place the account into a past-due status

  • Suspend or terminate the Services if payment remains outstanding

Where a grace period is offered, its duration and conditions may be communicated through the Services, your subscription agreement, or billing notifications.

7. Cancellation and Termination

You may cancel your subscription according to the cancellation options available within the Services or by contacting us.

We may suspend or terminate access if:

  • Required payments remain unpaid

  • You violate these Terms

  • Your activity creates security, legal, or operational risks

  • You misuse the Services

  • We are required to do so by law

Following termination, certain features, public pages, integrations, or account functionality may become unavailable.

Account information may be retained, archived, or deleted according to our Privacy Policy and applicable legal requirements.

8. Account Reinstatement

If an account is suspended or terminated due to non-payment or another permitted reason, we may offer reinstatement at our discretion.

Reinstatement may require:

  • Payment of outstanding balances

  • Payment of an applicable reinstatement fee

  • Updating payment information

  • Verification of account information

  • Agreement to updated Terms or policies

We do not guarantee that previously deleted information can be restored.

9. User Content and Data

You retain ownership of content, data, files, records, and other materials that you lawfully upload or submit through the Services (“User Content”).

You grant us a limited, worldwide, royalty-free license to host, process, copy, transmit, display, and otherwise use your User Content solely as reasonably necessary to:

  • Provide the Services

  • Maintain system functionality

  • Perform backups

  • Provide technical support

  • Comply with applicable law

  • Protect our systems and users

You are responsible for ensuring that you have the necessary rights and permissions to upload, process, and use User Content through the Services.

10. Intellectual Property

The Services and their underlying content and technology may include:

  • Software

  • Source code

  • Designs

  • User interfaces

  • Graphics

  • Text

  • Logos

  • Trademarks

  • Documentation

  • Databases

  • Workflows

  • Features

  • Proprietary processes

These materials are owned by us or our licensors and may be protected by copyright, trademark, trade secret, patent, and other intellectual-property laws.

Nothing in these Terms transfers ownership of our intellectual property to you.

11. Prohibited Uses

You agree not to use the Services:

  • For unlawful, fraudulent, or deceptive activities

  • To violate the rights of another person or organization

  • To upload infringing, defamatory, abusive, obscene, or unlawful content

  • To distribute malware, viruses, or harmful software

  • To interfere with the operation or security of the Services

  • To bypass authentication or access controls

  • To gain unauthorized access to systems or accounts

  • To scrape or extract data through unauthorized methods

  • To reverse engineer or decompile the Services where prohibited

  • To send unlawful unsolicited communications

  • To violate applicable privacy, communications, or consumer-protection laws

  • To use the Services in a manner that materially harms our infrastructure or other users

We may investigate suspected violations and take appropriate action.

12. Email and Messaging Compliance

If the Services allow you to send email, SMS, or other communications, you are responsible for ensuring that your communications comply with applicable laws.

You are responsible for:

  • Obtaining required consent before sending messages

  • Maintaining appropriate records of consent

  • Providing legally required disclosures

  • Honoring unsubscribe and opt-out requests

  • Following applicable marketing and communications regulations

  • Avoiding spam, deceptive messaging, and unlawful solicitation

You may not use the Services to send communications in violation of applicable laws or regulations.

You are responsible for claims, penalties, or damages resulting from your failure to comply with messaging laws.

13. Third-Party Services and Integrations

The Services may integrate with or link to third-party platforms.

Your use of third-party services may be subject to separate terms and privacy policies established by those providers.

We are not responsible for:

  • Third-party availability

  • Third-party outages

  • Changes to third-party services

  • Third-party security practices

  • Content provided by third parties

  • Actions taken by external providers

You are responsible for reviewing and complying with the terms of third-party services that you choose to connect.

14. Service Availability

We may modify, update, suspend, discontinue, or replace portions of the Services from time to time.

We do not guarantee that the Services will always be:

  • Available without interruption

  • Error-free

  • Free from security vulnerabilities

  • Compatible with every device or third-party service

  • Available in every geographic region

Maintenance, technical problems, provider outages, security incidents, or other circumstances may temporarily affect access.

15. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available.”

We disclaim warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Availability

  • Accuracy

  • Reliability

We do not guarantee that the Services will meet every user’s requirements or produce any specific commercial, financial, operational, or other result.

16. Limitation of Liability

To the maximum extent permitted by applicable law, Tricia Perkins, LLC, its owners, employees, officers, contractors, affiliates, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of the Services.

This includes, where applicable:

  • Lost profits

  • Lost revenue

  • Lost business opportunities

  • Loss of data

  • Loss of goodwill

  • Business interruption

To the maximum extent permitted by applicable law, the total liability of Tricia Perkins, LLC for any claim arising out of or relating to the Services will be limited to the amount permitted under applicable law.

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the limitations above may not apply to you.

17. Indentification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Tricia Perkins, LLC, its officers, employees, contractors, affiliates, and representatives from claims, liabilities, damages, losses, and reasonable expenses arising from:

  • Your use or misuse of the Services

  • Your User Content

  • Your violation of these Terms

  • Your violation of applicable law

  • Your infringement of another person’s rights

  • Communications sent using your account

  • Activity performed by users authorized through your account

18. Dispute Resolution

Any dispute arising from or relating to these Terms or the Services should first be addressed through reasonable good-faith efforts to resolve the matter informally.

Where permitted by applicable law, unresolved disputes may be submitted to arbitration or another dispute-resolution process specified by Tricia Perkins, LLC.

If arbitration applies, insert the applicable:

  • Arbitration organization

  • Arbitration rules

  • City, state, or jurisdiction

  • Procedures

  • Allocation of arbitration costs

before publishing these Terms.

19. Class Action Waiver

Where permitted by applicable law and expressly adopted by Tricia Perkins, LLC, disputes may be required to be brought individually and not as part of a class, consolidated, or representative action.

Any such waiver is subject to applicable law and the enforceability requirements of the governing jurisdiction.

20. Governing Law

These Terms are governed by the laws of  Atlanta ,Georgia, United States, without regard to conflict-of-law principles.

Any proceedings not subject to arbitration will be handled in the courts or jurisdiction identified by Tricia Perkins, LLC, where permitted by law.

21. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent legally permitted.

The remaining provisions will continue in full force and effect.

22. No Waiver

Our failure to enforce a provision of these Terms does not waive our right to enforce that provision or any other provision later.

23. Entire Agreement

These Terms, together with our Privacy Policy and any additional policies, order forms, agreements, or terms expressly incorporated by reference, constitute the agreement governing your use of the Services.

24. Changes to These Terms

We may update these Terms periodically to reflect changes to:

  • Our Services

  • Business practices

  • Pricing

  • Technology

  • Legal requirements

  • Regulatory requirements

When appropriate, we may notify users of material changes through email, the Services, or another reasonable method.

The updated effective date or last-updated date will appear at the beginning of these Terms.

25. Contact Us

If you have any questions, concerns, or requests regarding this Terms & Conditions, please contact us using one of the options below:

Email: contact@triciaperkins.com
Contact Form: https://triciaperkins.com/contact/