General Service Terms

BrandyFanning.com provides life coaching and support services through online video conference platforms and written materials (collectively, “Services”) to users (each a “User”) subject to these terms and conditions (“Terms”).

Please read these Terms carefully before using the Services. By using the Services, you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms including those in any Client Agreement.

BrandyFanning.com reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately, and User’s continued use of the Services after such changes or modifications will constitute acceptance of such changes or modifications. You should regularly review the Terms and any policies and documents incorporated in them to understand the Terms that apply to your use of the Services. These Terms and any changes or modifications hereto will be posted to our website at www.brandyfanning.com.

If your service includes access to private email coaching, “private email coaching” means that Brandy Fanning will make reasonable efforts to respond within two business days. All support and coaching will be provided in accordance with BrandyFanning.com standard services, practices, procedures, and policies.

Privacy Policy

From time to time, BrandyFanning.com will collect data or information from you. Such information or data is collected, used, processed, and stored (where applicable) in accordance with our Privacy & Cookie Policy, which forms part of these Terms. You can review our Privacy & Cookie Policy on our website, www.brandyfanning.com.

Use of the Services

In order to access and/or use the Services, Users may be asked to register with BrandyFanning.com  by providing certain information including a valid email address, date of birth and by creating a unique username. Each username will be unique to a User and used for identification purposes. In order to ensure continued use of the Services, each User must agree as follows: all information provided during the account registration process must be true and complete; any changes in account information should be updated promptly; each User remains responsible for all activities and use of such User’s account and such Users are responsible for the security of their access credentials; each User is responsible for immediately notifying BrandyFanning.com  of any unauthorized access to such User’s account; each User may delete their account if they choose to do so, understanding that such deletion may result in the loss of any User account data or information; BrandyFanning.com  may in its sole discretion delete or remove any User account for violation of these Terms, account inactivity, or any other reason deemed necessary by BrandyFanning.com .

Users may not use the Services as follows: no User may use the Services in any way that violates any local, municipal, state, federal, national or international law; in any way that is otherwise unlawful, fraudulent, or any way that may constitute unlawful or fraudulent activity or conduct; for the purpose of enticing or harming minors; to send, receive, upload, download, use or re-use any content or materials which are unlawful, or otherwise violate these Terms; to transmit, facilitate or encourage the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or to send, upload or otherwise transmit any data or other material that contains viruses, including without limitation Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware; to access without BrandyFanning.com ’s consent, interfere with, hack into, damage or disrupt any part of the Service; any equipment or network on which the Service is stored; any software or programming used in providing the Service; or any equipment or network or software owned or used by any third party used in providing the Service.

Brandy Fanning along with any agents or employees, reserve the right to cancel any service, including RECLAIMED, private email coaching or intuitive tarot guidance, at any time and for any reason. If such a cancellation occurs, the client will receive a full refund for the services that have not yet been rendered. Cancellations initiated by the client are not eligible for a refund once services have begun. By purchasing our services, you acknowledge and agree to these terms

Intuitive Tarot Guidance

Video readings will be delivered as a video link to the email you provide. You are always in control of your life and path; tarot does not dictate your future as energy is ever-changing and you have free will. No guarantees are offered or implied at any time, and your Intuitive Tarot Guidance video reading is solely for entertainment purposes only. Additionally, there are no refunds for this service at anytime under any circumstance, and you agree to take full accountability and responsibility for your action or inaction regarding the services provided.

Disclaimer

THE SERVICES AND ASSOCIATED SUPPORT MATERIALS ARE PROVIDED SOLELY AS SELF-HELP TOOLS FOR USER’S OWN USE AND FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. BRANDYFANNING.COM AND/OR ANY OF ITS AGENTS, REPRESENTATIVES, EMPLOYEES OR STAFF ARE NOT RESPONSIBLE FOR USER’S PHYSICAL, MENTAL, EMOTIONAL AND SPIRITUAL HEALTH, OR FOR ANY OTHER RESULT OR OUTCOME THAT USER MAY EXPERIENCE THROUGH THE SERVICES. NOTHING RELATED TO THE SERVICES IS INTENDED TO BE CONSIDERED MEDICAL, MENTAL HEALTH, LEGAL, FINANCIAL, OR RELIGIOUS ADVICE IN ANY WAY. FOR SPECIFIC QUESTIONS RELATED TO A MEDICAL OR MENTAL HEALTH SITUATION, SYMPTOM OR OCCURRENCE, CONSULT YOUR OWN MEDICAL OR MENTAL HEALTH PROFESSIONAL. FOR SPECIFIC QUESTIONS RELATED TO YOUR FINANCIAL, LEGAL OR TAX SITUATION, CONSULT YOUR OWN ATTORNEY, ACCOUNTANT, AND/OR FINANCIAL ADVISOR. FOR SPECIFIC QUESTIONS RELATED TO RELIGION, SPIRITUALITY, OR FAITH, CONSULT YOUR OWN CLERGY MEMBER OR SPIRITUAL HEALER. DO NOT START OR STOP TAKING ANY MEDICATIONS BECAUSE OF ANYTHING YOU HAVE READ OR RECEIVED THROUGH THE SERVICES. ANY RECOMMENDATION OF ANY PRODUCT IS SIMPLY OFFERED FOR EDUCATIONAL PURPOSES, AND YOU NEED TO CHECK WITH YOUR OWN MEDICAL PROFESSIONAL BEFORE USING ANY RECOMMENDED PRODUCTS IN ANY WAY.

CLIENT BEARS ALL RESPONSIBILITY FOR CLIENT’S ACTIONS WITH REGARD TO THE SERVICES. THE SERVICES ARE NOT INTENDED TO REPLACE THE TREATMENT OF A TRAINED AND LICENSED HEALTHCARE PROFESSIONAL OR AS A SUBSTITUTE FOR SUCH MEDICAL ATTENTION. CONSULTATION WITH A PHYSICIAN IN ALL MATTERS RELATING TO CLIENT’S HEALTH IS RECOMMENDED. THE SERVICES ARE PROVIDED WITHOUT IMPLIED OR STATED GUARANTEES AND NO SPECIFIC RESULT IS PROMISED OR WARRANTIED. BRANDY FANNING IS NOT, AND DOES NOT CLAIM TO BE A LICENSED MEDICAL OR MENTAL HEALTH PROFESSIONAL OF ANY KIND. IF YOU ARE CURRENTLY UNDER THE CARE OF A MEDICAL OR MENTAL HEALTH PROFESSIONAL, IT IS YOUR RESPONSIBILITY TO CONSULT WITH THAT PERSON REGARDING THE ADVISABILITY OF WORKING WITH A LIFE COACH. IF AT ANY TIME YOU FEEL THE NEED FOR PROFESSIONAL COUNSELING, YOU AGREE TO PROMPTLY SEEK THE ASSISTANCE OF A LICENSED PROFESSIONAL. RESULTS WILL VARY BY INDIVIDUAL.

Please call 911 immediately if you believe that you or someone you know will harm themselves.

Other resources:

National suicide prevention lifeline (1-800-273-8255)

National domestic violence hotline (1-800-799-7233)

National sexual assault hotline (1-800-656-4673)

Warranty

BrandyFanning.com warrants that all Services are provided in accordance with general industry standards. Under no circumstances does BrandyFanning.com warrant or guarantee any results will be obtained through use of the Services. The information provided in conjunction with the Services is not intended to guarantee any particular result and is provided for information purposes only. All Users rely on the information provided through the Services at their own risk and should use their own independent judgment. For Users having or experiencing severe medical symptoms or issues, such Users should immediately seek medical attention. 

THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES.  NO OTHER WARRANTIES APPLY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  ALL SERVICES ARE PROVIDED “AS IS” AND “WHERE IS” AND EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.  BRANDYFANNING.COM DOES NOT WARRANT THAT THE SERVICES, SERVICE DELIVERABLES, OR ANY THIRD-PARTY PRODUCTS ARE ERROR-FREE, OR WILL OPERATE IN AN UNINTERRUPTED MANNER. 

Remedy

FOR ANY BREACH OF THE WARRANTY, USER’S EXCLUSIVE REMEDY, AND BRANDYFANNING.COM ’S ENTIRE LIABILITY, SHALL BE LIMITED TO THE RE-PERFORMANCE OF THE SERVICES.  IF BRANDYFANNING.COM IS UNABLE TO RE-PERFORM THE SERVICES AS WARRANTED, USER SHALL BE ENTITLED TO RECOVER THE FEES PAID TO BRANDYFANNING.COM IF ANY FOR THE DEFICIENT SERVICES. IN NO CASE SHALL ANY RECOVERY EXCEED THE AGGREGATE AMOUNTS PAID TO BRANDYFANNING.COM BY USER FOR THE SPECIFIC SERVICES THAT ARE THE SUBJECT OF THE CLAIMED BREACH.

Limitation of Liability

IN ANY CASE UNDER ANY THEORY OF RECOVERY, BRANDYFANNING.COM ’S AGGREGATE LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AGGREGATE AMOUNTS PAID TO BRANDYFANNING.COM BY USER IF ANY FOR THE SPECIFIC SERVICES THAT ARE THE SUBJECT OF THE CLAIM.  USER   ACKNOWLEDGES THAT   THE   LIMITATION OF   LIABILITIES   AND   DISCLAIMERS   OF   WARRANTIES CONTAINED HEREIN CONSTITUTE AN AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES, HAVE BEEN FACTORED INTO PRICING OF THE SERVICES, AND ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. USER FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT IF NO FEES ARE PAID TO BRANDYFANNING.COM, USER HAS NO AVAILABLE DAMAGES.

Indemnification

User agrees to indemnify, defend and hold harmless brandyfanning.com and its subsidiaries and affiliated companies, third-party service providers and each of their respective officers, directors, employees, shareholders, employees, staff and agents (each an "Indemnified Party" and, collectively, "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed against any of the Indemnified Parties arising out of or relating to User’s use of the Services;.

Intellectual Property

BrandyFanning.com remains the owner or the licensee of all intellectual property rights in the Services (including without limitation, all content published on or through the Services) which are protected by trademark and copyright laws and treaties. BrandyFanning.com reserves all rights regarding such intellectual property including those of third-party affiliates. Unless expressly granted in these Terms, Users are not provided or granted any ownership rights in or to the Services.

Notice

All correspondence or notice required regarding the Services shall be made via e-mail to brandyfanning@brandyfanning.com and to User at the email address provided during enrollment in the Services. Should User’s email address, billing information, or contact information change at any time, it is User’s sole responsibility to provide updated information to brandyfanning.com within 3 days of any change.

Relationship of the Parties

Neither these terms nor any associate policy, will be construed as creating a partnership, joint venture, or agency relationship or as granting a franchise.  Each party agrees to these Terms and shall not hold itself out as an agent of the other party in any sense.  No party shall have authority to act for or obligate the other party in any way or to make any representation or warranty on behalf of the other party. 

Governing Law; Venue

All questions concerning the validity, interpretation and performance of these Terms shall be governed by and decided in accordance with the Laws of the State of Connecticut, without regard to any conflicts of laws and principles thereof.

Arbitration

THE PARTIES AGREE AND ACKNOWLEDGE THAT IN THE EVENT OF ANY DISPUTE ARISING OUT OF THE SERVICES, THE PARTIES WILL MAKE GOOD FAITH ATTEMPTS TO RESOLVE SUCH DISPUTE AMONGST THEMSELVES. IF ANY DISPUTE CANNOT BE RESOLVED IN 14 DAYS AND THE PARTIES DO NOT MUTUALLY AGREE TO AN EXTENSION OF SUCH TIME PERIOD, THE PARTIES AGREE TO SUBMIT SUCH DISPUTE TO AN INDEPENDENT ARBITRATOR IN THE STATE OF CONNECTICUT FOR BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR. SUCH ARBITRATOR SHALL BE JOINTLY SELECTED BY THE PARTIES UNLESS THE PARTIES AGREE OTHERWISE IN WRITING. SUCH ARBITRATION SHALL BE SUBJECT TO AND CONDUCT IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. SUCH ARBITRATION SHALL BE SUBJECTION TO THE WARRANTIES, REMEDIES AND LIMITATIONS OF LIABILITY INCLUDED HEREIN. THE PREVAILING PARTY IN ANY ARBITRATION SHALL BE ENTITLED TO ALL REASONABLE ATTORNEYS’ FEES AND ALL COSTS NECESSARY TO COMPLETE THE ARBITRATION AND TO ENFORCE THE DECISION OF THE ARBITRATOR.

Severability

In the event any provision of these Terms is held to be invalid or unenforceable; the remaining provisions shall remain in full force and effect. 

Force Majeure

In the event that any cause beyond the parties’ control, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Brandy Fanning and/or brandyfanning.com will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill my responsibilities and obligations.

Entire Agreement

These General Service Terms any Client Agreement and associated policies(s) (collectively the “Agreement”) set forth the entire understanding between the parties with respect to the Services.  There are no representations, warranties, covenants, conditions or undertakings other than those expressly set forth herein.  These Terms supersede all prior agreements and understandings between the parties, whether written or oral, with respect to the subject matter hereof. 

Subcontractors

BrandyFanning.com  may, in its reasonable discretion, use third-party contractors inside or outside the United States to perform any of its obligations hereunder, including but not limited to migration of User data, remote monitoring and management, network monitoring, helpdesk services, backup and hosted infrastructure services.

Survival

All Terms herein which should by their nature survive the termination of this Agreement shall so survive.

Amendments

The provisions of these Terms or any associated policies may be waived, altered, amended, or supplemented, in whole or in part in sole discretion of BrandyFanning.com . 

Limitation of Actions. 

NO ACTION, SUIT, OR PROCEEDING, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR ANY CLIENT AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN SIX MONTHS AFTER THE EVENT GIVING RISE TO SUCH CAUSE OF ACTION.

SOCIAL MEDIA MARKETING & MANAGEMENT

By using our services, you agree to comply with and be bound by the following Terms and Conditions. Please read them carefully.

1. Introduction

These Terms and Conditions govern your use of Brandy Fanning's social media marketing, email marketing, and SEO services. By hiring Brandy Fanning, you agree to these terms and are legally bound by them.

2. Service Description

We provide a range of marketing services, including social media management, content creation, SEO optimization, and email marketing. All services are provided on an "as-is" basis, and while we aim to deliver high-quality results, specific outcomes such as increased client engagement or lead generation cannot be guaranteed.

3. Eligibility

You must be at least 18 years old and a legally recognized entity to engage in our services. By hiring us, you confirm that you meet these requirements.

4. Client Responsibilities

Clients are responsible for:

Providing accurate and timely information, including images, videos, and other media used for marketing.

Ensuring they own or have the rights to any intellectual property provided to us for use.

Compliance with third-party platform rules (e.g., Instagram, Facebook, Mailchimp).

Reviewing and approving all materials before publication.

5. Payment Terms

All payments for services must be made according to the terms outlined in our contract. Payments are due on the agreed-upon schedule, and failure to pay on time may result in suspension or termination of services. Refunds will not be issued for services that have already been rendered.

6. Cancellation and Termination

Clients can cancel services by providing 14 day notice. If services are canceled mid-term, the client is responsible for paying for any services already rendered. We reserve the right to terminate services if the client breaches any terms of this agreement or fails to pay on time.

7. Limitation of Liability

Brandy Fanning is not liable for any damages, loss of profits, or legal claims resulting from the use of our services. Clients assume all risks associated with using social media platforms, third-party applications, and marketing strategies. We are not responsible for any suspension or termination of your accounts on third-party platforms (such as Instagram or Facebook).

8. No Legal Responsibility

Brandy Fanning is not a legal professional and does not provide legal advice. While we may assist with email marketing compliance (such as CAN-SPAM and GDPR), it is the client’s responsibility to ensure full compliance with applicable laws. Brandy Fanning is not liable for any legal issues that arise from your use of our services or content we create.

9. Intellectual Property

Clients own the content created by Brandy Fanning once full payment has been received. However, we retain the right to use this content in our portfolio and marketing materials unless otherwise agreed in writing. Any templates, strategies, or proprietary methods we use remain our intellectual property.

10. Third-Party Platforms

Our services often involve the use of third-party platforms (e.g., Instagram, Mailchimp, Canva). While we will assist you in using these services, Brandy Fanning is not responsible for the performance, security, or reliability of these platforms. Clients agree to adhere to the terms and conditions of all third-party services.

11. Indemnification

Clients agree to indemnify and hold Brandy Fanning harmless from any claims, liabilities, or legal costs arising from their use of our services, including claims related to intellectual property, failure to comply with legal regulations, or third-party platform violations.

12. Governing Law

This Agreement is governed by the laws of the State of Connecticut. Any disputes arising under or relating to this Agreement will be resolved in the courts located in Connecticut. By entering into this agreement, you waive any objection to the jurisdiction or venue of such courts.

13. Modifications to Terms

We reserve the right to update or change these Terms and Conditions at any time. Clients will be notified of any changes, and continued use of our services will constitute acceptance of the new terms.

14. Privacy Policy

We collect and store your personal information in accordance with our Privacy Policy. Please review the policy to understand how your data is managed and protected.

15. Dispute Resolution

Any disputes will first be attempted to be resolved through informal negotiation. If a resolution cannot be reached, the parties agree to pursue arbitration or litigation in the jurisdiction of Connecticut as detailed in section 12.

16. Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact us at:

Brandy Fanning

www.brandyfanning.com

brandyfanning@brandyfanning.com

This page has last been updated on September 26, 2024