Terms & Conditions


Terms & Conditions of Use for Brooke Serage

1. Acceptance of Terms

By accessing and using the services provided by Brooke Serage ("Service"), you agree to be bound by these Terms & Conditions ("Terms"), all applicable laws, and regulations. If you do not agree with any part of these Terms, please do not use our services.

2. Eligibility

You must be at least 13 years old to use our services. By using our services, you represent and warrant that you meet this age requirement.

3. Digital Products

a. Product Information

We strive to provide accurate and up-to-date information about our digital products. However, we do not warrant the accuracy, completeness, or reliability of any product descriptions or other content related to our services.

b. Licensing

All digital products available through Brooke Serage are protected by intellectual property laws. By purchasing a digital product, you are granted a non-exclusive, non-transferable license to use the product for personal or commercial purposes as specified in the product description.

c. Prohibition on Resale

Clients are strictly prohibited from reselling, redistributing, or otherwise commercially exploiting any digital products purchased from Brooke Serage without express written permission. Any unauthorized use, reproduction, or distribution of our products will be prosecuted to the fullest extent of the law.

4. Ordering and Payment

a. Ordering

By placing an order, you agree to provide accurate and complete information. We reserve the right to refuse or cancel any order at our discretion.

b. Payment

All payments are processed securely through designated payment processing services such as Stripe or PayPal. By submitting your payment information, you authorize us to charge the specified amount to your selected payment method.

5. Refund Policy

Due to the nature of digital products, no refunds will be given. Please ensure you review all information carefully before making a purchase.

6. Privacy Policy

a. Personal Information

We collect and process personal information in accordance with our Privacy Policy. By using our services, you consent to such processing, and you warrant that all data provided by you is accurate.

b. Payment Information

While we take measures to secure your payment information, we will not be held accountable for any unauthorized access to or use of your payment information or other personal information.

7. Account Creation and Security

a. Account Creation

To access certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

b. Password Security

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this requirement.

8. Intellectual Property

a. Ownership

All content provided by Brooke Serage, including but not limited to text, graphics, logos, images, and software, is the property of Brooke Serage and is protected by intellectual property laws.

9. User Responsibilities

You agree to use our services only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the services.

10. Disclaimer of Warranties

The products and services provided by Brooke Serage are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that the services will be uninterrupted or error-free, and we disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by law, Brooke Serage shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use our products or services. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing our services.

12. Indemnification

You agree to indemnify, defend, and hold harmless Brooke Serage from any claims, damages, liabilities, and expenses (including legal fees) arising out of or related to your use of our services or your violation of these Terms.

13. Termination

We reserve the right to terminate or suspend your access to our services at our sole discretion, without prior notice, for any reason, including but not limited to a breach of these Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Utah. Any disputes arising under or in connection with these Terms shall be resolved in the courts of Utah.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

16. Information Collection

We may collect personal information from you when you use our services. This information could include, but is not limited to, your name, contact details, and other identifying information. However, the extent and nature of information collection may vary and is subject to change.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and effect.

18. Entire Agreement

These Terms constitute the entire agreement between you and Brooke Serage regarding the use of our services and supersede any prior agreements or understandings, whether written or oral, relating to such subject matter.

19. Mediation and Arbitration

a. Mediation

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, you and Brooke Serage agree first to try in good faith to settle the dispute by mediation administered by a mutually agreed-upon mediator before resorting to arbitration.

b. Arbitration

If the dispute is not resolved through mediation within 30 days, you and Brooke Serage agree that the dispute shall be determined by arbitration in Utah before one arbitrator. Arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its rules and procedures.

c. Arbitration Process

The arbitrator shall have the authority to grant any remedy that would have been available in court. The arbitrator's award shall be in writing and provide a statement of the reasons for the award. The arbitration award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

d. Costs

Each party shall bear its own costs and expenses in connection with the arbitration, and shall share equally the arbitrator’s fees and the costs of the arbitration.

e. Exception

Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the conclusion of any such arbitration.

20. Force Majeure

Brooke Serage will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, strikes, labor disputes, government regulations, or other causes beyond our control.

21. No Waiver

The failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

22. Assignment

You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

23. Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

24. Disclaimers on External Links

Our services may contain links to third-party websites or services that are not owned or controlled by Brooke Serage. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

25. Contact Information

For any questions or concerns regarding these Terms & Conditions, please contact:

Brooke Serage

Email:

[email protected]