Terms of Use | Gracious Counsel

FULL TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Gracious Counsel (defined below), which governs your use of Products (defined below) obtained by purchase through this website at Gracious Counsel.com, or any related domains or sub-domains (the “Sites”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to By His Stripes, Inc., doing business as Gracious Counsel (“Gracious Counsel ”).

“Products” referred to by these Terms include but are not limited to: contract forms, templates, worksheets, communications, workshops, webinars, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from Gracious Counsel . All such Products are the intellectual property of and are owned by Gracious Counsel .

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Prep’d for Success’s Products immediately.

Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Gracious Counsel is a resource through which you may obtain general business and legal understanding. It provides an online download service for individuals who choose to prepare legal and business documents on their own. Specifically, the Sites, services, and Products help you identify business and legal problems and other issues commonly encountered in a creative industry. Services, Products and any other information available through the Sites do not constitute legal advice.

Gracious Counsel is not a law firm and is not a substitute for an attorney or law firm.

Communications between you and Gracious Counsel are protected by our privacy policy, but are not protected by any legal privilege, including the attorney-client privilege or work product doctrine. Gracious Counsel cannot provide legal advice nor draft specific legal forms for a specific entity, individual or situation. The legal forms and templates contained herein are for general use. Gracious Counsel cannot provide any kind of advice, explanation, opinion, or recommendation to you about possible legal rights, remedies, defenses, options, selection of forms or strategies.

Gracious Counsel provides general documents we hope will be helpful to those of you who have chosen to complete your own legal documents. While Gracious Counsel makes an effort to keep our legal documents current and updated, because the law is constantly changing and varies among jurisdictions, Gracious Counsel can in no way guarantee the effectiveness of its services, Products or any materials in any particular jurisdiction. Although a specific document may be adequate in general circumstances, Gracious Counsel cannot guarantee that it will be effective in every application or circumstance. Please keep in mind that the general legal information provided on the Sites and otherwise available through the Products is not legal advice and cannot be guaranteed to be correct or accurately and regularly updated. If you should need legal advice for a particular or more complex matter, Gracious Counsel strongly encourages you to consult with a licensed attorney in your area.

NO ATTORNEY-CLIENT RELATIONSHIP

Please keep in mind that nothing contained on the Sites or available through the Products, Materials and services of Gracious Counsel is intended to form an attorney-client relationship. Your interaction with Gracious Counsel in any capacity does not form such a relationship. Gracious Counsel ’s performance of services offered through or advertised by the Sites, information provided on the Sites, and Products sold through the Sites likewise does not create an attorney-client relationship in under any circumstance.

Gracious Counsel permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here, which is incorporated herein by reference.

Gracious Counsel will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Gracious Counsel will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Gracious Counsel is the sole manager of such information collected on the Sites. Gracious Counsel will use such information to respond to you as necessary. You grant Gracious Counsel a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Sites may be affiliate links controlled by parties other than Gracious Counsel to help support the maintenance of the Sites. Gracious Counsel does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Gracious Counsel from any loss or damage incurred from dealing with such affiliate.

PHOTOGRAPHY ON WEBSITE

All images are being used under license through the company providing the stock images.

INTELLECTUAL PROPERTY LICENSE

Gracious Counsel owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of Gracious Counsel ’s services, and; (d) any other intellectual property rights afforded to Gracious Counsel , either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Gracious Counsel does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites.

You agree not to make any unauthorized use of or otherwise infringe upon Gracious Counsel ’s Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Gracious Counsel will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Gracious Counsel grants you a non-exclusive, non-transferable license to download, view, copy and print the Products you purchase solely for your personal use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases –as the link expires after 30 days. Gracious Counsel is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Gracious Counsel will not reimburse you for such downloads. Gracious Counsel will, at your request, apply a one-time only $10.00 re-download fee per item if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Gracious Counsel . Remit this fee to angieavardturner@gmail.com for Gracious Counsel .com by Paypal along with the product name and a new link will be sent.

CONTACT

By using the Sites and entering personal information, you give Gracious Counsel permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Gracious Counsel know by emailing us at angieavardturner@gmail.com, and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. GRACIOUS COUNSEL OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. GRACIOUS COUNSEL MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, GRACIOUS COUNSEL SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO GRACIOUS COUNSEL, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW AND VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the State of Georgia. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the City of Pelham, Georgia. Gracious Counsel reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Gracious Counsel ’s Products, Materials and services.

Any questions regarding the above Terms may be directed to:

angieavardturner@gmail.com