Pitch. Place. Prosper.

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE CONTENT, THIS SERVICE AND/OR THE WEBSITE. By using this content, the service and/or the website, you signify your consent to these terms of use. If you do not agree to these Terms of Use (defined below), please do not use the Content (defined below), this service and/or the website. You also hereby acknowledge that the Site (defined below) is hosted by Thinkific. Your use of the Site, any service, and/or any other Content (defined below) is expressly subject to any and all applicable terms of use as contained on the Thinkific website, including but not limited to the terms of service, conditions, privacy policies, data processing addendums, and any other relevant consents contained therein (collectively, the “Applicable Terms and Conditions”). You can read more about the Applicable Terms and Conditions at https://www.thinkific.com/legal/. Throughout the Terms Of Use, the terms “we”, “us” and “our” will refer to Company (defined below).

Your access to and use of this service and/or the Content contained on the Pitch. Place. Prosper. Website (https://www.pitchplaceprosper.com/), as operated by Alyssa Rosenheck Photography, LLC (collectively the “Site”), is subject to the following terms and conditions, all applicable laws, and any Applicable Terms and Conditions (collectively, the “Terms Of Use”). By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and Applicable Terms and Conditions, and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1A. You agree that the Site itself, as well as all content, courses, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and are the property of Alyssa Rosenheck Photography, LLC (“Company”) and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sub-licensable, to access, view, and use the Site and Content solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company. We reserve the right to refuse service to anyone for any reason at any time. Prices contained on the Site and/or prices for the Content are subject to change without notice. We reserve the right at any time to modify or discontinue the Site and/or the Content (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance.

1B. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel orders purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

1C. You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our refund policy.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Content and the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Pitch. Place. Prosper.”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third-party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site and the Content, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the Content or the Site. We are not responsible if information made available on the Content or the Site is not accurate, complete, or current. The material on the Site and the Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site and/or the Content is at your own risk. You acknowledge and agree that we provide the Site, the materials contained therein, and the Content “as-is” and “as available” without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of the Site and/or any of the Content contained therein.

5. When you register with and/or make a purchase from the Company and/or the Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes,text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site and the Content is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with the Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE CONTENT, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S CONTENT, TECHNOLOGY, OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE, AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE SITE, THE CONTENT, OR ANY OTHER MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you. We do not warrant that the results that may be obtained from the use of the Site and/or the Content or products will be accurate or reliable. You agree that from time to time we may remove the Site and/or the Content for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site and/or the Content is at your sole risk. The Site and/or the Content and all products and services delivered to you therefrom are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

10. Certain content, products and services available via the Site and/or contained in the Content may include materials from third-parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites (including but not limited to those sites owned, controlled, or hosted by Thinkific [or any Thinkific affiliates]), or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND ALL OR A PORTION OF FEES CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY.

11. IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you send to Company or post or share on or through the Site, (iv) your use of the Content, the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Content, the Site or the services or with other users of the Content, the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Davidson County, Tennessee. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding anything to the contrary in this paragraph, if Company (or any person, firm, or corporation deriving rights from Company) is sued or joined (e.g. by joinder or impleader) in any other court or forum by a third-party in respect of any matter that may give rise to a claim by or against Company hereunder, you hereby consent to the jurisdiction of such court or forum over any such claim asserted against Company.

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page (and any associated pages for Applicable Terms and Conditions) to review the then current Terms of Use to which you are bound.

16. Any images, written posts, or testimonials you voluntarily send to Company or submit to us can be used in presentations, social media promotion, email marketing, or in other mediums as Company may determine in its sole discretion. You waive the right to inspect or approve any such submissions. Additionally, you waive any right to royalties or compensation arising or related to the use of your image or recording. If you submit a testimonial, then you agree that we may use your post for marketing purposes and publish your testimonial, together with your name in mediums of which Company may determine in its sole discretion. You further agree that we may edit or publish an edited version of the testimonial. Company is under no obligation to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments and any and all content provided by you will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site and/or the Content or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

17. Age Restriction: You may not use or engage with the Site and/or the Content if you are under eighteen (18) years of age. By using or engaging with the Site and/or the Content, you acknowledge and agree that you are not under the age of eighteen (18) or are of adult age in your jurisdiction. By using or engaging with the Site and/or the Content, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Site and/or the Content.

18. Prohibited Uses: You acknowledge and agree to not send any prohibited content over the Site. Prohibited content includes: Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site and/or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site and/or the Content or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Site, the Content, or any related website, other websites, or the Internet; or (l) in any way which violates the Applicable Terms and Conditions. We reserve the right to terminate your use of the Site and the Content or any related website for violating any of the prohibited uses.

19. Dispute Resolution: Notwithstanding anything to the contrary contained herein, in the event that there is a dispute, claim, or controversy between you and Company (or any of its affiliated entities) or any other third- party service provider acting on Our behalf arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Nashville, Tennessee.

20. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms of Use and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Site or the Content shall be subject to these Terms of Use unless explicitly stated otherwise in writing. We reserve the right to change these Terms of Use from time to time. Any updates to these Terms of Use may be communicated to you. You acknowledge your responsibility to review these Terms of Use (and for avoidance of doubt, the associated Applicable Terms and Conditions) from time to time and to be aware of any such changes. By continuing to participate and/or use the Site and or Content after any such changes, you accept these Terms of Use, as modified. Last Updated: 2/22/2024

PRIVACY POLICY

This Privacy Policy describes how your personal information is collected, used, and shared when you visit, make a purchase from, engage and/or use the Content or the Site. This privacy policy is expressly subject to the Applicable Terms and Conditions. You can read more about the Applicable Terms and Conditions at https://www.thinkific.com/legal/.

WHAT’S THE PURPOSES OF OUR PRIVACY POLICY?

This Privacy Policy and the Applicable Terms and Conditions govern your use of the Site and the Content and describes how the information we gather is collected, used, and shared when you use our Sites, Content, interactive features, widgets, online services, mobile apps, and/or other related services and how we use, process, and disclose that information. By submitting information to us through our Site, you expressly consent to the transfer of your personal data to our servers in accordance with the terms and conditions of this Privacy Policy and the Applicable Terms and Conditions. In addition, please review our Terms and Conditions for policy information about your use of our Site. We may change the terms of this Privacy Policy at any time. When we make a material change, we will post or otherwise make available the revised policy. The effective date of the most recent version of this policy will appear at the top of this page. The Applicable Terms and Conditions may be revised from time to time. You are bound by any such revisions and should therefore periodically visit any associated pages for the Applicable Terms and Conditions to review the then current terms to which you are bound.

WHAT INFORMATION DO WE COLLECT?

When you use the Site and/or the Content, or make a purchase or attempt to make a purchase through the Site, we may process (e.g., collect, use, store, and/or transfer) different kinds of personal data about you including the following:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

• Contact Data includes billing address, delivery address, email address and telephone numbers.

• Financial Data includes bank account and payment card details.

• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

• Usage Data includes information about how you use our website, products and services.

• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We use different methods to collect personal data, including those methods listed in the Applicable Terms and Conditions. We may also collect personal information using the following technologies:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to limit and/or disable cookies, visit https://www.thinkific.com/cookies-policy/.

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site. When we refer to “Personal Information” in this Privacy Policy, we are talking about the information listed above and other information collected pursuant to the Applicable Terms and Conditions.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Personal Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations), and in other ways consistent with the Applicable Terms and Conditions. Additionally, we use Personal Information to: Communicate with you (including but not limited to adding your contact information to Company [or Company’s affiliates] email newsletters); Screen our orders for potential risk or fraud; and Provide you with information or advertising relating to our products or services. We use the Personal Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

DO WE SHARE YOUR PERSONAL INFORMATION?

We share your Personal Information with third parties to help us use your Personal Information, SOLELY as described above, and as otherwise may be described in the Applicable Terms and Conditions. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

THIRD PARTY ADVERTISING

As described above, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You can opt out of targeted advertising by:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info.

CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES AND CANADA

The Site is operated in the United States, and the Thinkific platform is located in Canada. If you are located in the European Union or elsewhere outside of the United States or Canada, please be aware that information collected on the Site will be transferred to and processed in the United States and Canada. By using this Site or providing us with any information, you consent to this transfer and to the processing and storage of your information in the United States and Canada, jurisdictions which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

CHANGING YOUR INFORMATION

It is your sole responsibility to maintain the accuracy of your Personal Information. The Site may allow you to review, correct or update Personal Information you have provided through forms or otherwise. It is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Additionally, any public postings made, such as reviews in forums or blogs, cannot generally be removed. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. We reserve the right to send you certain communications relating to your account or use of our Site, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.

DATA RETENTION

When you place an order through the Site, we will maintain your Personal Information for our records unless and until you ask us to delete this information.

SECURITY

For information regarding our security practices, please visit https://www.thinkific.com/security-overview/. We take commercially reasonable steps to safeguard your information and keep it confidential and free from any loss, misuse and unauthorized access, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to protect your personal information, we cannot guarantee its absolute security. If you discover inaccuracies or alterations in your Personal Information, or believe it to be at risk for any reason, we urge you to notify us immediately. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes concerning security breach notifications) to you via email or conspicuous posting on the Site as promptly as possible, and without unreasonable delay, taking into account the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and/or to restore the reasonable integrity of the affected data system.

YOUR CONSENT

By using our Site, you consent to our Privacy Policy, and all privacy policies, terms, conditions, and other policies contained in the Applicable Terms and Conditions.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected].

REFUND POLICY

Notwithstanding anything to the contrary contained herein, due to the digital nature of our Content, we unfortunately do not provide refunds once the Content has been purchased. We do refund double-purchases (e.g., a single account and payment method has been used for duplicate purchases of a single course). This policy is standard in the digital industry and shall be deemed a fair policy for purposes of the Applicable Terms and Conditions. If you have any questions about your purchase, please contact us at [email protected] and we will be happy to assist and support.