GENERAL DISCLAIMER

 
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The information provided in or through this Website is for educational and informational purposes only.  

LEGAL AND FINANCIAL DISCLAIMER

I am not an attorney, accountant or financial advisor, nor am I holding myself out to be.  I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur.  The information contained on this Website 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.  Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future.  By using this Site, you agree that the information on our Website is not legal or financial advice.

PERSONAL RESPONSIBILITY

By using this Website, you acknowledge that you are doing so voluntarily and that by participating in any of my webinars, challenges, emails courses, or online courses, that you are solely and personally responsible for your choices, actions and results, now and in the future.  You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from my Website to your life, family or business.  I also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and I are not liable or responsible in any way for your results.

NO GUARANTEES 

You acknowledge that I have not and do not make any representation as to the physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived because of your use of this Website.  Our goal is to support 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 get any particular result, from the information on our Website and you accept and understand that results differ for each individual.  You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website. 

TERMS & CONDITIONS

 
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PLEASE READ THESE TERMS OF CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

By using this website, you agree to fully comply with and be bound by the following Agreement each time you use this website.  If you do not agree to these Terms and Conditions, please do not use the website.

Overview

Effective Date:  Sept 15, 2017

This web page represents a legal document and is the Terms and Conditions (“Terms”) for our website www.dardencreative.com (“Website”). By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

Definitions

The terms “we”, “us”, and “our” refer to Tamera Darden and Darden Creative.  The term “Site” refers to www.dardencreative.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

All text, information, graphics, design, photos, images, materials, documents, data and intellectual property accessible on or offered through our Website or Services, are collectively known as our “Content” is our property and is protected by the United States intellectual property laws.  On the Site we provide information about Content Creation & Social Media services (the “Service”).

Use of the Site including all materials presented herein and all online services provided by us, whether made available for purchase or not is subject to the following Terms.  These Terms apply to all site visitors, customers, and all other users of the site.  By using the Site or Service, you agree to these Terms, without modification, and acknowledge reading them.  

Intellectual Property Rights

The Site and/or Service contain intellectual property owned by Darden Creative, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Darden Creative name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Darden Creative.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent.  We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are found to be violating this intellectual property policy.

You are permitted to enjoy the content of our website for your personal, non-commercial use.  

You are permitted to hypertext link to the content of our website provided that you give full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the website page from which the content was obtained.

Our content, as found within our Website and Services, is protected under United States intellectual property rights laws.  Copying, redistribution, use or publication for commercial use by you of any such Content is a violation of our intellectual property rights.   Your use of our Website and Services does not grant you any ownership right to our Content.

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you use Content by sending an email to hello@dardencreative.com.

Limited License

We grant you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Your License to Us

You grant us a license to use the information and materials you post to our Website.  By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Visitor Content”) to our Website, you are granting us and any affiliates, a license to use the Visitor Content in connection with the operation of our business, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat your Visitor content. You understand and agree that you will not be compensated for any Visitor Content.  By posting Visitor Content on our Website or Service, you warrant and represent that you own the rights to the Visitor Content or are authorized to post, display, distribute, perform, or transmit Visitor Content.

Lawful Purposes

You may use the Site and/or Service for lawful purposes only.  You agree to use the Site and/or Service and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, encourages conduct that would constitute a crime or for fraudulent purposes.  

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Darden Creative.

Privacy Policy

Our Privacy Policy is considered part of this Agreement and available on this website.  You must review our Privacy Policy by clicking on this [link – HYPERLINK TO PRIVACY POLICY].  If you do not accept and agree to being bound by these Terms, including the www.dardencreative.com’s  Privacy Policy, do not use this Website or our Services.

Choice of Law and Jurisdiction

These Terms will be treated as if it were executed and performed in Washington, D.C., and will be governed by and construed in accordance with the laws of the District of Columbia without regard to conflict of laws provisions.  In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Dispute Resolution

Any legal controversy or claim arising from or relating to these Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, will begin with an attempt to resolve any dispute, claim or controversy by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree.  The parties further agree that their respective good faith participation in medication is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, or other dispute resolution procedures.  The exclusive venue of any dispute resolution will be conducted in Washington, D.C.  You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Washington, D.C., necessary to protect the rights or property of you and us pending the completion of arbitration.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Links to Other Websites

Our Website may from time to time contain links to third party websites.  Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Darden Creative has no control over the privacy practices of third party websites; you access any third-party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

Payments

You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

Refund and Return Policy

Due to the digital nature of our products, Darden Creative does not issue refunds on any purchases made. If you have any questions about our purchases, please contact us at hello@dardencreative.com

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of our Website or Services.

Severability and Survival

Should any part of these terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.  To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

LIMITATION OF LIABILITY

 

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, DARDEN CREATIVE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF DARDEN CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DARDEN CREATIVE’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU, DARDEN CREATIVE’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $150.

No Warranty or Liability

The information presented on www.dardencreative.com is provided “as is” and “as available,” without representation or warranty of any kind.  Darden Creative does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.

You agree that Darden Creative is not liable to you or others, in any way or for any damages of any kind, arising from the use of www.dardencreative.com, including, but not limited to, liability or damages caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to our office.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing.  We will also post these changes on our website. These changes will become effective 30 days after receiving the notice.  To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.

 

UPDATED: September 15, 2017

 

PRIVACY POLICY

 
 
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This Privacy Policy explains how Darden Creative collects, uses, maintains and discloses information collected from users and describes the personal information we collect through the website – www.dardencreative.com. 

The terms “we”, “us”, and “our” refer to Tamera Darden DBA Darden Creative (the “Company”).  The term “Site” refers to www.dardencretive.com.  The term “User,” “you” and “your” refers to site visitors, customers and any other users of the site. 

Use of the Site, including all materials presented herein and all online services provided by Company, is subject to this Privacy Policy.  This Privacy Policy applies to all site visitors, customers and all other users of the Site.  By using our Site, you consent to our collection, use and sharing of your information and data, and other activities, as described below.  By using our Site, you agree to the terms, without modification, of this Privacy Policy.  If you do not agree with the practices described in this Privacy Policy, please do not provide us with your personal information or interact with the Site.


Personal Identifying Information (“PII”)

PII means information about you that specifically identifies you.  This includes the following types of information:  your name, physical address, email address, telephone numbers, demographic information (e.g. date of birth, age, gender), payment card number, expiration date, and card verification number.

Non-Personal Identifying Information

We may collect non-personal identifiable information (“NII”) about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

How We Collect Your Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site.  Users may be asked for, as appropriate, a name and an email address.

Communication Through Comments

Our website may offer the capability for users to communicate with us and each other through comments on posts on our website.  We take reasonable steps to monitor and filter what is posted on our website and in the comments field, however, we do not encrypt such information.  If you choose to post on our website, you should use care when exposing any PII as such information is not protected by our privacy policy nor are we liable should you choose to disclose your PII through such postings.

Web Browser Cookies

Our Site may use 'cookies' to enhance User experience.  A cookie is a small piece of data or text stored in your computer or mobile device by your web browser.  Your web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. You may manage how your browser handles cookies by adjusting its privacy and security settings.  Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available.  

You may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.  Currently, we do not alter our data collection and use practices in response to Do Not Track signals.  

Children’s Information

We follow the Children’s Online Privacy Protection Act (COPPA).  Our website is not designed for use by anyone under the age of 13.   We do not knowingly collect PII from a child under the age of 18.  Please contact us if your child has provided personal information to us and we will delete the information.  If we discover on our own that a child under 18 has been accessing our website, we will delete this information soon after we discover it.

How We Use Collected Information

We will use this information to:

  • operate, maintain and improve the Site and our services;

  • provide you with interest-based communication, offers, and promotions for products and services from us;

  • process transactions and send you related information, including confirmations and receipts;

  • respond to your comments, questions and requests and provide customer service;

  • perform analytics and conduct consumer research;

  • send you reminders, security alerts, technical notices, updates, support and administrative messages, service bulletins, marketing messages, and requested information; and

  • provide news and information we think will be of interest to you.

 

Business Transfers or Company Changes

 

The Company reserves the right to disclose, transfer, or license any and all information related to the Site, including PII, to a subsequent owner, co-owner or operator of one or more of the Sites or any portion or operation related to part of one or more of the Sites; or in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our interest and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.

How We Protect Your Information

We adopt appropriate and industry-standard encryption data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.  However, no method is transmission over the Internet, or method of electronic storage, is 100% secure.  Therefore, we cannot guarantee its absolute security.  

While Darden Creative makes every effort to protect your personal information shared through www.dardencreative.com, you acknowledge that the personal information you voluntarily share through www.dardencreative.com could be accessed or tampered with by a third party. You agree that Darden Creative is not responsible for any intercepted information shared through www.dardencreative.com without its knowledge and permission. Additionally, you release Darden Creative from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

Sharing Your Personal Information

We do not sell, trade, or rent Users personal identification information to others for marketing purposes. We may provide your PII to vendors, business partners, and trusted affiliates under the following who provide services with regards to our website (such as payment processors, shipping companies, United States Postal Service and other service providers) or with whom we jointly offer products and services.

We may be legally required to disclose your PII if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of our Terms and Conditions; (d) necessary to combat fraud or criminal activity, to protect our rights or those of our affiliates, users, and business partners; (e) necessary to protect us from legal action or claims from third parties, including you and/or other visitors; and (f) necessary to protect the legal rights, personal/real property, or personal safety of our company, users and employees.


Third Party Websites

This Privacy Policy only addresses the use and disclosure of information by Darden Creative through interaction with this Site.  Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

 

Managing Your Personal Information 

 

You can access, update and delete your PII you provided to us or by managing this information through an online account (if you have one) or by sending us an email at hello@dardencreative.com.  You may choose not to receive e-mails from us by following the instructions contained in any of the e-mails we send or through the unsubscribe link at the footer of all e-mail communications.  We manage e-mail lists through a list management system. Unsubscribing from one list managed by us will not necessarily remove you from all publication email lists. We may still e-mail you non-commercial emails related to your account and your transactions on the Site.

We will retain your PII for as long as needed to provide you services and to maintain a record of your transactions for financial reporting purposes.  Your information may be retained in electronic form, paper form, or a combination of both.  When your information is no longer needed, we will destroy, delete, or erase it.  If you have questions or are experiencing problems unsubscribing, please contact us at hello@dardencreative.com.

Changes To This Privacy Policy

Company has the discretion to update this privacy policy at any time.  If our company decides to change this privacy policy, we will post those changes on our website so our users and customers are always aware of what information we collect, use and disclose.  We encourage Users to frequently check this page for any changes and to stay informed about our privacy policy.  You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Updated September 2017