Privacy Policy

WEBSITE TERMS OF USE

All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law. By using this Site, you affirm that you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

General

Tracey-Ann Rose (“Company,” “we,” “us,” or “our”) owns and operates this website, www.traceyannrose.com (“Site”). By accessing the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or services available through the Site or from the Company.

Please read these Terms of Use carefully to understand the terms governing your use of this Site and services offered by Tracey-Ann Rose. If you do not agree with these terms, please do not use our Website. By accessing or using this Website, you agree to the Terms of Use.

It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without prior notice to you. Your continued use of this Website after we make changes is deemed acceptance of those changes. Please check the terms periodically for updates.

These Terms of Use are effective as of 1/1/2022.

Intellectual Property Rights

This website, including its entire contents, features, and functionality (such as all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof), is owned by Tracey-Ann Rose (“Company,” “we,” “us,” or “our”). The site and its materials are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use grant you permission to use the website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.

  • You may download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the end user license agreement for such applications.

You are not permitted to delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. Additionally, you may not access or use for any commercial purposes any part of the website or any materials available through the website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of these terms, your right to use the website will cease immediately, and you must return or destroy any copies of the materials you have made.

No rights, titles, or interests in or to the website or its content are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the website not expressly permitted by these Terms of Use constitutes a breach and may violate copyright, trademark, and other laws.

User Contributions

The website may include testimonials, profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or persons (“post”) content or materials (collectively, “User Contributions”) on or through the website.

All User Contributions must comply with these Terms of Use and the content standards set out below.

By submitting or posting any User Contributions on the website, you grant Tracey-Ann Rose a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. The Company has the right to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above.

  • All your User Contributions comply with these Terms of Use.

You acknowledge and agree that you are responsible for any User Contributions you submit or contribute, including their legality, reliability, accuracy, and appropriateness. Tracey-Ann Rose is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the website.

Your User Contributions are non-confidential and non-proprietary. Any reliance on such materials is strictly at your own risk.

If you have questions or concerns about User Contributions or content standards, please contact tracey@theunfolding.us.

Content Standards

These content standards apply to all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations.

Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any other person.

  • Violate the legal rights (including rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist in any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by Tracey-Ann Rose, if this is not the case.

Tracey-Ann Rose does not review all material before it is posted on the website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for the performance or non-performance of the activities described in this section.

For any concerns regarding content standards or to report inappropriate material, please contact tracey@theunfolding.us.

Links from the Website

If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Tracey-Ann Rose has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

If you decide to access any of the third-party websites linked to or from this website, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.

For any concerns or inquiries about links on the website, please contact tracey@theunfolding.us.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To transmit or procure the sending of any advertising or promotional material without prior written consent, including “junk mail,” “chain letters,” or “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate Tracey-Ann Rose, a representative, another user, or any other person or entity, including by using email addresses associated with any of the foregoing.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which, as determined by Tracey-Ann Rose, may harm her or users of the Website or expose them to liability.

  • To use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.

  • To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • To use any manual process to monitor or copy any of the material on the Website or for any unauthorized purpose without prior written consent.

  • To use any device, software, or routine that interferes with the proper working of the Website.

  • To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • To otherwise attempt to interfere with the proper working of the Website.

Violations of these prohibited uses may result in suspension or termination of your access to the Website and further legal action as deemed necessary by Tracey-Ann Rose.

Monitoring and Enforcement

Tracey-Ann Rose reserves the right to:

  • Remove or refuse to post any User Contributions for any reason or no reason at her sole discretion.

  • Take any action with respect to any User Contribution that is deemed necessary or appropriate at her sole discretion, including if she believes such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Tracey-Ann Rose.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any reason or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Tracey-Ann Rose reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing her to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS TRACEY-ANN ROSE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HER DURING OR AS A RESULT OF HER INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HER OR LAW ENFORCEMENT AUTHORITIES.

Please note that while Tracey-Ann Rose strives to monitor the Website, she does not and cannot undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, she assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general informational purposes. Tracey-Ann Rose does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Tracey-Ann Rose disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Tracey-Ann Rose, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Tracey-Ann Rose.

Tracey-Ann Rose is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Tracey-Ann Rose respects the intellectual property of others and specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Tracey-Ann Rose will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”).

Notifications of claimed copyright infringement should be sent to the following email address: tracey@theunfolding.us

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Changes to the Website

Tracey-Ann Rose reserves the right to update or modify the content on this Website from time to time. While updates may occur, there is no guarantee that the content is complete or up-to-date at any given time.

Any of the material on the Website may be out of date at any given time, and Tracey-Ann Rose is under no obligation to update such material. Users are encouraged to check back periodically to stay informed of any changes or updates.

Accessing the Website and Account Security

Tracey-Ann Rose reserves the right to withdraw or amend this Website, and any service or material provided on the Website, at her sole discretion without notice. Tracey-Ann Rose will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

From time to time, access to some parts of the Website or the entire Website may be restricted to users, including registered users.

You are responsible for:

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

  • Keeping your account information confidential, including your username and password, and for restricting access to your computer or other devices. You agree to accept responsibility for all activities that occur under your account or password.

Tracey-Ann Rose reserves the right to disable any user account, whether chosen by you or provided by the Website, at her sole discretion for any reason, including if, in her opinion, you have violated any provision of these Terms of Use.

Geographic Restrictions

The owner of this Website, Tracey-Ann Rose, is based in the United States. This Website is provided for use only by persons located in the United States.

Tracey-Ann Rose makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

Disclaimer of Warranties

The Website and all its content are provided on an “as is” basis without any warranties of any kind, either express or implied.

Neither Tracey-Ann Rose nor any person associated with her makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither Tracey-Ann Rose nor anyone associated with her represents or warrants that the Website or any content on it will be error-free, uninterrupted, or free of harmful components, or that any defects will be corrected.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liability

To the fullest extent permitted by law, Tracey-Ann Rose shall not be liable for any damages of any kind arising out of or in connection with your use or inability to use the Website, including any direct, indirect, special, incidental, consequential, or punitive damages.

This includes, but is not limited to, damages for errors, omissions, interruptions, defects, delays in operation, transmission, computer viruses, or line failures. Under no circumstances will Tracey-Ann Rose’s liability exceed the amount paid by you, if any, for accessing this Website.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Tracey-Ann Rose, her affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Force Majeure

Tracey-Ann Rose shall not be held liable or responsible for any failure or delay in performance caused by acts or circumstances beyond her reasonable control, including, but not limited to, acts of God, natural disasters, governmental actions, war, terrorism, civil unrest, labor disputes, or disruptions in telecommunications or power services. Such events shall excuse performance for as long as they persist.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom, shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal or state courts located in California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Successors and Assigns

These Terms of Use shall inure to the benefit of and be binding upon both you and Tracey-Ann Rose, as well as your respective heirs, legal representatives, successors, and assigns. You may not transfer or assign your obligations under these Terms of Use without prior written consent from Tracey-Ann Rose.

Entire Agreement

These Terms of Use, along with the Privacy Policy, constitute the sole and entire agreement between you and Tracey-Ann Rose regarding the Website. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Website.

Waiver and Severability

No waiver of any term or condition set forth in these Terms of Use by Tracey-Ann Rose shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms of Use will continue in full force and effect.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications related to the Website should be directed to tracey@theunfolding.us. We value your input and will respond promptly to any inquiries.

A Note About Children

The Website is not intended for use by individuals under the age of 13. We do not knowingly collect personal information from children under 13. If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information promptly. If you believe we might have any information from or about a child under 13, please contact us at tracey@theunfolding.us.

Earnings and Results Disclaimer

By using the Website or engaging with any of Tracey-Ann Rose’s offerings, you acknowledge and agree that Tracey-Ann Rose has not made and does not make any guarantees regarding the earnings or results you may achieve. All outcomes depend on individual efforts, and results will vary from person to person. No assurance is given that you will achieve any particular outcome as a result of your participation in any programs, services, or consultations offered by Tracey-Ann Rose.

Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Tracey-Ann Rose with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Waiver and Severability

No waiver by Tracey-Ann Rose of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tracey-Ann Rose to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions of the Terms of Use will continue in full force and effect, and the invalid provision will be deemed modified so that it is enforceable to the maximum extent permissible.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, including any dispute or claim arising from or related to them, shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal or state courts located in Georgia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Successors and Assigns

This agreement shall inure to the benefit of and be binding upon you and Tracey-Ann Rose, as well as their respective heirs, legal personal representatives, successors, and assigns.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to tracey@theunfolding.us.

If you have any questions about this Privacy Policy or Terms of Use, please feel free to contact us using the email address provided.