Our Terms Of Use

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Welcome to Deanna Burks Design!  We invite you to access and use our website (www.deannaburks.com).  Our website and its contents are provided to you subject the following Terms and Conditions of Use (the “Terms”) and all applicable laws.  Please carefully read the Terms before using our website. By accessing, browsing, or otherwise using our website, you agree to be legally bound by the Terms.  If you do not agree to the Terms, in part or in whole, please immediately discontinue your use of our website.  By using our website, you accept, without limitation or qualification, the Terms and acknowledge that any other agreements between you and Deanna Burks Design pertaining to these Terms are superseded and have no force or effect. 

All copyrights, trademarks, trade names, logos, and other intellectual property rights (registered and unregistered) contained or incorporated in the website are the property of, and belong solely to, Deanna Burks Design.  Nothing in the Terms grants you a right or license to use any copyrighted material, trademark, trade name, logo, or other intellectual property of Deanna Burks Design, except as expressly provided in these Terms. Deanna Burks Design content may not be copied, reproduced, republished, uploaded, posted, modified, transmitted, distributed, used for public or commercial purposes, or downloaded unless written permission is expressly granted by Deanna Burks Design. You may not distribute, modify, transmit, or use the content of the website for public or commercial purposes without the express consent of Deanna Burks Design. 

All content on the website, unless otherwise noted, is the property of Deanna Burks Design and/or a supplier to or customer/client of Deanna Burks Design.  No such materials may be used except as provided in these Terms. 

Deanna Burks Design may terminate your access immediately and without notice if, in Deanna Burks Design’s sole discretion, you fail to comply with any term or provision of these Terms.  

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee and are subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law.  By using the website, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.  If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.  These Terms constitute the entire agreement between Deanna Burks Design and you relating to your use of the website.  The failure of Deanna Burks Design to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.

Deanna Burks Design’s website content and affiliate links are provided to you AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

Deanna Burks Design makes no warranties or representations to the accuracy of the content of the website.  Deanna Burks Design assumes no liability or responsibility for errors or omissions on the website or in its contents.  Use of the Deanna Burks Design website is at your own risk. 

In the course of your use of the website and any purchases, downloads, or anything of the sort from the website, Deanna Burks Design will collect certain personal information in order to record and support your participation in the activities, purchases, or services you select.  Deanna Burks Design will collect personal identification information from you only if you voluntarily submit such information to Deanna Burks Design.  Deanna Burks Design will not intentionally disclose any personally identifying information about you to third parties, except where Deanna Burks Design believes in good faith that such disclosure is necessary to comply with these Terms or any applicable laws.

When you use the website, Deanna Burks Design or its authorized technology service provider may also collect information from you to facilitate your use of the website and its services.  Deanna Burks Design uses this information to administer the website and to understand and measure traffic patterns.  The information is collected in aggregate form, without identifying you or any other user individually.  Deanna Burks Design may use this aggregate, non-identifying information and data for analysis, marketing, or similar promotional purposes.  Deanna Burks Design often tracks this data by its technology service provider by using “cookies” during your visit.  You can set your internet browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.  Users choosing not to accept cookies may not be able to access all pages on the website, since some pages require an authorization. 

While Deanna Burks Design is committed to keeping your personal information private and secure, Deanna Burks Design will release specific information about you or your account in order to comply with any valid legal inquiry or process (such as a warrant, subpoena, statute, or court order).  Deanna Burks Design also will release specific information in special cases, such as if there is an attempted breach of the security of the website or if there is a physical or property threat to you or others.  Deanna Burks Design may transfer user information in connection with a corporate merger, consolidation, asset sale, or other fundamental corporate change.  Further, the information you enter when making a purchase or online donation on Deanna Burks Design’s website will be shared with payment processors, financial gateways, and your credit card or other payment company to authorize the payment.  Such information may be shared with necessary third parties for the purpose of carrying out the transaction.  If you provide personal information online through a discussion board or posting site, such information can be collected and used by third parties; you disclose such information at your own risk.

All purchases from Deanna Burks Design’s website are non-refundable and non-transferrable. 

Certain programs (such as Adobe Reader) may be required for purchases from Deanna Burks Design’s website.  Please contact Deanna Burks Design for additional information.

These Terms may be revised from time to time by updating this posting.  You are bound by any such revision.

Services

In addition to the Terms listed above, the following also apply to Deanna Burks Design’s mentoring services, purchases made in the Deanna Burks Design shop, and Deanna Burks Design speaking engagement appearances.

In exchange for payment for Deanna Burks Design’s services, purchases made in the Deanna Burks Design shop, or Deanna Burks Design consulting, such products or services are being provided solely to you, for your personal or internal business purposes, and not for any commercial purpose. You may not display, reproduce, copy, create or derivative works from, sell, distribute, or disclose the items or services, or any part thereof, to any other person or entity.  Anyone who does the foregoing without Deanna Burks Design’s prior written consent is liable for copyright infringement and any other applicable claims.

As stated above, Deanna Burks Design’s items and services are provided to you as is, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  Because some jurisdictions do not allow for the exclusion of implied warranties, the above inclusion of implied warranties may not apply to you. 

No items, services, or advice from Deanna Burks Design is to be construed as a guarantee or predictor of your own personal or business success. Nothing in these Terms, on this website, or provided by Deanna Burks Design to you shall be considered to be a promise or guarantee.    

In no event shall Deanna Burks Design be liable for any special, incidental, indirect, punitive, reliance, or consequential damages, whether foreseeable or not, caused by any services or items provided to you.

Collection of your personal information

Unless we expressly note otherwise, we do not collect personal information from users of our site. When you visit our site, some information about your computer hardware and software is inherently automatically collected, such as your IP address, domain name, browser type, access time and referring website addresses. We typically do not use this information for any purpose, but an example of when we may use this information is in implementing improvements and analyzing the site and for troubleshooting purposes. We also utilize this information to monitor and improve services and to ensure that your use of the site is in compliance with our Terms of Use. Some services, such as email opt-ins may require you to provide us with Personal Data. In such a case, you may choose to without any Personal Data requested by us, but it may not be possible for you to gain access to certain parts of the site or content.  We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

International privacy laws and your rights under the GDPR

If you are visiting the site from outside the United States, please be aware that you are sending information to the United States where our servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive protective as your country of residence; however, our collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy.

If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to our support email address. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.

Cookies: What they are, and why they are needed

A cookie is a data text file sent from a website to your browser, for the purpose of identifying the user and allows access to portions of the website, thus alleviating the need to continually log in with your username and password. Cookies may be stored within your system. To the extent we use cookies, we can only access information from a cookie sent by the site, not other websites. We may use cookies to personalize your visit to our site, because tracking usage allows me to best determine the needs of my customers and advertisers.

Policy with minors

Our site is not intended for individuals under the age of 18. If you are under 18, you may only use the site under the supervision of a parent or guardian. We do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. We do not sell products or services intended for purchase by children. If we discover or are otherwise notified that we have received any such information from a child in violation of this policy, we will delete that information.

Data retention

We only retain Personal Data collected from Users for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with my legal obligations, resolve disputes, and enforce my agreements for a period of 7 years.

Non-Disparagement Agreement  

By accepting the services, products, or courses of Deanna Burks Design, you agree not to publish to any website, forum, or social media service negative reviews or disparaging comments or statements about Deanna Burks Design, its services, products, courses, owners, or employees. 

When you use the website or purchase any service, product, or course from Deanna Burks Design, you agree not to engage in any form of conduct or make any statements or representations that disparage or otherwise harm the reputation, goodwill, or commercial interests of Deanna Burks Design.