Terms & Conditions
Effective date: March 2020
By entering this website or purchasing or using the blog, e-mails, opt-in gift, videos, social media, consultations, programs, coaching, products and/or services, from or related to Tanya Goodall Smith and brandingphotographers.com, you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use our website, blog, e-mails, videos, social media, programs, products or services or anything you have purchased or experienced through us (collectively “Website, Programs, Products and Services”).
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by any social media outlet, nor have they been reviewed tested or certified by any social media outlet.
For Educational and Informational Purposes Only
The information provided in or through our Website, Programs, Products and Services is for educational and informational purposes only, and is made available to you as self-help tools for your own use. When serving as a Branding and Business Coach, teacher, mentor and marketing platform, whether through in-person, phone, Skype, Zoom, online webinars, teleseminars, videos, audio’s, books, e-books, social media, and otherwise in a variety of settings, including but not limited to, individual and/or group programs, classes, workshops, events, retreats, seminars, coaching sessions, consultations and/or trainings, website content, blog, Programs, Products or Services, you acknowledge that I am supporting you in my role exclusively as a Branding and Business Coach, and in no other role.
Not Medical, Mental Health, or Religious Advice
The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this website or received from us. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.
Not Legal or Financial Advice
The information contained in our Website, Programs or Services is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state, and it is constantly changing, and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by our Website, Programs or Services pertaining to your specific financial and/or legal situation.
Our Website, Programs, Products, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Website, Programs, Products, and Services, and you alone are 100 percent solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through our Website, Programs, Products and Services. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now and in the future.
No Guarantees of Income or of Any Kind
My role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot and do not guarantee that you will attain a particular business result or income increase or level. You accept and understand that results differ by each individual. Each individual’s business success depends on his or her background, dedication, desire, motivation, and a whole list of other additional factors. As with any business-related program or service that you purchase, your results may vary and will be based on many variables. Therefore, no guarantees can be made. Any earnings or income statements or examples shown through our Website, Programs, Products and Services are only estimates of what might be possible for you. There can be no assurance as to any particular financial outcome based on the use of our Website, Programs, Products or Services. You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website, Programs, Products and Services. You are solely responsible for your results.
I present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved or they are comments from individuals who can speak to my character and/or the quality of my work. Each client or individual has approved these testimonials, examples, and photos for use in materials to speak to my Programs, Products and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with my Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by my clients on this Website and through my Programs, Products and Services, are the culmination of numerous variables, some of which I cannot control.
Assumption of Risk
There are sometimes unknown individual risks and circumstances that can arise during use of my Website, Programs, Products and Services that cannot be foreseen that can influence or reduce results. I am not responsible for your personal choices or actions before, during or after use of our Website, Programs, Products and Services. You understand that any mention of any suggestion or recommendation on or through my Website, Programs, Products or Services is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by me through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve me of any liability or loss that you, your business, or your family or children (if applicable) or any other person, may incur from your or their use, or non-use, of the information provided.
Limitation of Liability
I will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on my Website, Programs, Products, or Services. In no event will I be liable to you, or to any other party, for any type of damages, including direct, indirect, special, incidental, equitable or consequential damages, for any use of or reliance on my Website, Programs, Products, and Services, or on those affiliated with me in any way. I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, any type of loss or damage or otherwise, due to any act or default by me or anyone acting as employees, staff, consultants, agents, interns, business managers, team members, owners, directors, shareholders, affiliates, joint venture partners, or anyone else affiliated with my business, who is engaged in rendering my Programs, Products or Services, or in carrying out in-person, phone, Skype, Zoom, or online individual and group programs, classes, workshops, events, retreats, seminars, coaching sessions, and/or trainings in any location.
Indemnification and Release of Claims
You hereby fully and completely hold harmless, indemnify and release me and any of my employees, staff, consultants, agents, interns, business managers, team members, assistants, owners, directors, shareholders, affiliates, joint venture partners, or anyone else affiliated with my business, from any and all liability, damages, claims; including but not limited to those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, physical or mental disease or condition or issue, or any type of loss or damage or otherwise, even if I am expressly advised in advance of the possibility of such damages or difficulties. You agree that you fully and completely hold harmless, indemnify and release me from any and all causes of action, allegations, suits, sums of money, claims, demands whatsoever, in law or equity that may arise in the past, present or future that arises from your participation in or is in any way related to my Website, Programs, Products and Services. In the event that you use any information, gift, product, program or service provided on or through my Website, Programs, Products and Services by me, or affiliated with me or my business, you are solely liable and responsible for any actions, errors, omissions, or consequences.
Errors and Omissions
Although every effort is made to ensure the accuracy of information shared on or through our Website, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our Website, Programs, Products and Services or those of any other individual or company affiliated with me in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because business and technology is constantly evolving, we cannot be held responsible for the accuracy, errors or omissions related to my Website, Programs, Products or Services.
No Warranties. I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR OUR PROGRAMS, PRODUCTS AND SERVICES.
From time to time, I may promote or partner as an affiliate with other individuals or companies whose programs, products and services align with mine. In the spirit of transparency, I want you to be aware that there may be instances when I promote or market for my partners and in exchange I receive financial compensation in the form of affiliate fees and/or other rewards. Please note that I am highly selective as to the partners whose programs, products and/or services I promote and I only promote or share the programs, products and services of those with whom I think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as I waive all liability as related to any of my affiliates, including any of their programs, products or services.
Reference or links in my Website, Programs, Products or Services to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute my formal endorsement. I am merely sharing information for your own self-help only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in my Website, Programs, Products or Services. Should my Website link or any of my Programs, Products or Services appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website in any way.
1. What information do we collect and what do we do with it?
When you enroll as a student or subscriber on our site or related courses, as part of the enrolling process, we collect the personal information you give us such as your name and email address.
Email marketing: we may send you emails about our site and related course(s), registration, course content, your course progress or other updates. We may also use your email to inform you about changes to the course, survey you about your usage, or collect your opinion.
2. How do you get my consent?
When you provide us with personal information to become a learner on our site, make a purchase, or participate in the course, you imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [email protected] or unsubscribing from the site.
We may disclose your personal information if we are required by law to do so or if you violate our Terms and Conditions.
Our course and site is hosted by Kajabi. They provide us with the online course creation platform that allow us to sell our product/services to you.
Your data is stored through Kajabi's data storage, databases and the general Kajabi application. They store your data on a secure server behind a firewall.
If you make a purchase on our site, we use a third party payment processor such as Stripe or Paypal. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our site and related courses and its service providers.
5. Third Party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
Certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our course site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
We collect cookies or similar tracking technologies. This means information that our website’s server transfers to your computer. This information can be used to track your session on our website. Cookies may also be used to customize our website content for you as an individual. If you are using one of the common Internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer.
Opting out: You can opt out of targeted ads served via specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
We may also use automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
Web Analysis Tools
We may use web analysis tools that are built into the brandingphotographers.com website to measure and collect anonymous session information.
7. Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.
If our site or course is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
By using my Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Terms and Conditions. If you have any questions about these terms and Conditions, please contact me at [email protected]