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
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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/