Terms & Conditions

WHAT IS RACQUELGREENIDGE.COM

Racquelgreenidge.com, a United States-based website run by sole proprietor, Racquel Greenidge, (hereinafter “Racquel” or “Her/She”) provides services, products and information via her website (located at https://racquelgreenidge.com), her Facebook Page (located at https://facebook.com/RacquelGreenidge, Instagram (located at https://instagram.com/racquibaby, YouTube (located at https://youtube.com/racquibaby) and other platforms which may be added or removed at any time. Collectively, these sites are referred to as the “Platform(s)” and include all versions accessible through all devices (such as mobile and desktop apps, web browsers, etc.)

ALL USERS AGREE TO HER TERMS + CONDITIONS

All visitors (hereinafter, “User(s)”, “You” or “Your”) to her Platforms are subject to the terms, conditions and notices set forth in these Terms and Conditions (the “Terms & Conditions”). Purchasers of her products or subscribers to her services may be subject to additional rules applicable to such transactions. These Terms & Conditions may be amended from time-to-time.

By using her Platforms, purchasing her products (physical and/or digital) or subscribing to her services, You accept these Terms & Conditions and agree to comply with all of its provisions.

If You do not wish to accept these Terms & Conditions, DO NOT USE HER PLATFORMS, PURCHASE HER PRODUCTS OR SUBSCRIBE TO HER SERVICES.

ALL USERS AGREE TO HER PRIVACY POLICY

You agree to the terms of her Privacy Policy set forth at https://racquibaby.com/privacy-policy and as may be amended from time-to-time.

PURCHASES AND SUBSCRIPTIONS

She provides products in the form of physical goods and downloadable digital products. Collectively, she refers to her products, services, courses, and subscriptions as “Her Products.” All purchasers of any of Her Products agree to the following conditions for any paid transaction with her (hereinafter, “Payment Terms”). You warrant and represent that you are authorized to use any payment method you provide to her (such as PayPal accounts or credit cards). You agree to indemnify her against losses she may sustain as a result of any breach of this warranty. She uses third-party vendors to process payments for Her Products. These vendors are currently PayPal and Stripe. Visit https://PayPal.com and https://Stripe.com to view these vendors’ specific privacy policies and terms and conditions. Her Privacy Policy applies only to data over which She has control. Her Products that are sold and distributed in a digital format are non-refundable. Her Products that are physical goods (“Physical Products”) are refundable if returned to her in unused condition within 30-days following delivery to You. Physical Products must be in the same condition in which You received them and must be returned in the same packaging with any labels remaining (not removed). You are responsible for the costs of any shipping for any returns. Within 30 days following receipt of any returned Physical Product, she will issue a refund of the purchase price of the Physical Product via the same payment method that was used to purchase the Physical Product. All shipping costs are not refundable and remain Your responsibility. She reserves the right to change the costs of her Products at any time. Please check with her Platforms for the latest pricing.

CONDUCT OF USERS

Users of Her Platforms understand and agree that Her Platforms may only be used for lawful purposes and in accordance with these Terms & Conditions.

Users of Her Platforms represent that You are of legal age and capable of forming a binding contract with Us. These Terms & Conditions are a binding contract.

Prohibited Conduct. Users of Her Platforms understand and agree that You will not engage in any of the following conduct (collectively, “Prohibited Conduct”).

You will not violate or encourage the violation of any local, state, national, or international law or regulation.
You will not collect or store personal data about other Users of Her Platforms or solicit personal information from any other Users of Her Platforms.
You will not act in any manner which will cause other Users to believe that You are any other person or entity other than who You actually are, or cause other Users to believe that You represent any other person or entity other than who You actually represent.
You will not submit or distribute any so-called “spam” or “junk mail” or “chain letters” or otherwise promote any commercial endeavor.
You will not solicit money, goods or services for private gain.
You will not disrupt or interfere with the security or use of Her Platforms.
You will not damage Her Platforms through the submission or use of any damaging software or other actions.
You will not use or attempt to use any other User’s account or identity.
You will not attempt to gain unauthorized access to any User’s account or to any of Her Platforms.
You will not engage in any conduct that may interfere with any User’s or third-party’s ability to access or enjoy Her Platforms.
You will not assist any third-party in engaging in any Prohibited Conduct.

Links to Her Platforms. You may provide links to the home page of Her Platforms, but not to any other content within Her Platforms. You may not provide links that frame Her content. You may not provide links in a manner that may damage Her reputation or that might indicate any form of association with Her or endorsement by Her.

CONTENT SUBMISSIONS

Ownership. You agree that any content submitted by You at anytime to or through any of Her Platforms (hereinafter, “Submitted Content”) becomes Her sole and exclusive property. Submitted Content includes, but is not limited to, questions, comments, e-mails, chats, messages or other writings, photographs, audio and/or video recordings, and all other content in any medium of expression. In the event that these Terms & Conditions, in the applicable jurisdictions, do not convey all rights to any Submitted Content, then you hereby grant to her a non-exclusive, royalty-free, perpetual, transferable, and sub-licensable license to copy, transmit, use, create derivative works from or otherwise exploit all Submitted Content. You hereby waive any moral rights (Droit Moral) you may have to such Submitted Content and agree that You waive any claims You may have under any theory of law or equity regarding Her use in any manner of any Submitted Content. In addition, all Submitted Content is deemed to be, and warranted by You to be, non-confidential and non-proprietary. By providing Submitted Content, You agree that She may use, disclose or otherwise exploit the Submitted Content in any manner. You also agree that She is not responsible for the conduct of other uses of Her Platforms or any third parties with whom You or She shares Your Submitted Content.
Prohibited Content. Submitted Content shall not contain any of the following (hereinafter, “Prohibited Content”) and You agree not to submit any of the following Prohibited Content:
Submissions that promote any commercial activity other than commercial activity provided through Her Platforms.
Submissions that are illegal, promote or advocate illegal activity or otherwise violate the criminal or civil laws of any jurisdiction.
Submissions that are libelous, slanderous, defamatory, abusive, offensive, inflammatory or otherwise objectionable.
Submissions that are intended to harass, vilify or annoy any third-party.
Submissions that are discriminatory against any individual on the basis of any personal characteristics.
Submissions that are indecent, pornographic or otherwise contain sexually explicit material or language.
Submissions that infringe on any copyright, trademark, patent, trade secret or other
intellectual property or other rights of any third party.
Submissions that infringe on the personal rights of any individual including, but not limited to, any rights of privacy or publicity.
Submissions that purport to originate from any individual or entity other than the individual actually submitting the content.
Termination of Access. She reserves the right to suspend, restrict or revoke access to Her Platforms to any User at any time in the exercise of Her sole discretion.
Cooperation with legal process. She reserves the right to assist law enforcement in the investigation of any crime or occurrence and to cooperate with any legal process in the exercise of Her sole discretion.

PARTICIPATION IN EVENTS

From time-to-time, She may offer events in which attendees of Her events may interact with one-another and/or with Her staff and/or with Her invited guests. If You attend or participate in any of these events, whether by attending in person or through any of Her Platforms, You agree to the following terms and conditions. If You do not agree, do not attend these events.

Prohibited Content. You agree not to submit any Prohibited Content as defined in these Terms & Conditions.
Termination/removal. You may be removed from any event in the exercise of Her sole discretion.
Appearance Release. You agree that She may record any appearance by You at any event (whether Your appearance is in person or through any of Her Platforms), which appearance may include Your name, likeness, photograph, voice, dialogue, sounds, biographical information, personal characters or other personal identification captured by Her or submitted by You during the course of an event (collectively, such data is “Your Appearance”). She may use or otherwise exploit Your Appearance, along with any Submitted Materials as defined in these Terms & Conditions, in any manner throughout the universe, in perpetuity, and in any and all media now known or hereafter devised, without any monetary compensation to You whatsoever. You understand that any dispute regarding the use of Your Appearance will be subject to the Dispute Resolution provision set forth in these Terms & Conditions. In the event that any Arbitrator or other tribunal finds that Her use of Your Appearance requires compensation, You agree that She may use Your Appearance in any manner for the sum of five-hundred United States dollars which payment shall constitute a retroactive license.

INTELLECTUAL PROPERTY

Her Rights. Her Platforms and the entire content appearing in Her Platforms including all text, images, software code, Submitted Content, audio and video and the design, layout, functionality and features of Her Platforms (collectively, “Her Materials”) are owned by Her, Her licensors of Her Materials and other providers of Her Materials. Her Materials are subject to the laws of the United States and other jurisdictions via statute, treaty or otherwise. Such laws include those governing copyrights, trademarks, patents, trade secrets and other intellectual property rights (hereinafter, collectively, “Her Rights”). She reserves all of Her Rights to Her Materials. You are permitted to use Her Platforms solely for the non-commercial uses described in connection with Her products and services. No grant of Her Rights is expressed or implied in any use of or transaction through Her Platforms. Any license to Her Materials, expressed or implied, is subject to revocation at will in the exercise of Her sole discretion.
No License. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit Her Materials except as may be permitted for specific content as part of a transaction involving Her services. You may not use any of Her Materials or Her trademarks, logos or tradenames without Her express, prior, written permission.
Third Party Rights. Some content appearing in Her Platforms may be owned by third parties and are licensed for use by Her. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit any third-party content except as may be permitted for specific content as part of a transaction involving Her services. Trademarks and trade names of third parties remain the ownership of those third parties and may not be used without the permission of their respective owners.
Allegations of Infringement (DMCA). If You believe that any of Her Materials violates Your copyright(s) or other rights, You may request removal of those materials from Her Platforms by submitting written notice in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Your notice must include the following:
Your name, address and contact information.
A copy of the work(s) You believe are being infringed upon within Her Platforms.
A readily identifiable description and location with Her Platforms of the work(s) You believe are infringing.
A statement signed by You attesting that You are acting on behalf of the copyright owner and that You believe, in good faith, that that the works You identified as infringing are being used without authorization.
Send your DMCA Notice to:
Copyright Agent
Racquel Greenidge
27 Ellabelle Ct
Senoia, GA 30276

LIMITATION OF LIABILITY

As-Is / As-Available. All of Her Platforms and Her Materials are provided to You on an as-is and as-available basis. She provides no guarantee that Her Platforms or Her Materials will be available at any given time or through any given device.
No Warranties expressed or implied. Your use of Her Platforms and Her Materials is at Your own risk. She makes no warranty, express or implied, regarding Her Platforms, Her Materials or the accuracy, applicability, or usability of Her Materials for any purpose. She makes no warranty that use of Her Platforms is free of viruses or other harmful or incompatible software that may damage any device on which You view Her Platforms or Her Materials. She disclaims any and all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for any particular purpose.
Not liable for content. You assume any risk associated with any reliance You place on Her Materials whether such content is provided by Her or by any Users of Her Platforms or any other third-parties.
No Legal Advice. Her Materials are not to be construed as legal advice in any manner. You should consult an attorney of Your choosing regarding any legal matter that You may have and not rely on any of Her Materials in making any decisions or taking or refraining from any actions.
Opinions expressed are of individuals. Her Materials may contain opinions regarding a particular subject. In such event, the opinions expressed are those of the individual authors of those materials and are not to be construed as Her opinions. She is not responsible for any such opinions.
Third-Party Links. She is not liable for any content or otherwise contained on any website or otherwise that You may encounter when following any link to any third-party.
Limitation of Damages. To the maximum extent permitted by law, in no event shall Racquibaby, its licensors, licensees, affiliates or partners, or the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same be liable for any special, punitive, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages arising from loss of use, loss of data, loss of profits, or any other such damages under any theory of liability, arising out of or in connection with the use of Her Platforms or Her Materials. You are solely responsible for any loss, claims or damages arising from any of Your Prohibited Conduct or Prohibited Submissions.

INDEMNIFICATION

You agree to indemnify and hold harmless Racquibaby, its licensors, licensees, affiliates or partners, and the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same, from and against any claim arising from or related to Your breach of these Terms & Conditions and/or Your Prohibited Conduct and/or Your Prohibited Submissions.

UPDATES TO TERMS + CONDITIONS AND PRIVACY POLICY

From time-to-time as Her Platforms and Her Materials evolve, She will update Her Terms & Conditions and Privacy Policy. You agree to confirm that You have read and understood Her most up-to-date Terms & Conditions and Privacy Policy prior to each occasion in which you access Her Platforms and Her Materials. She will post the date on which Her Terms & Conditions and Privacy Policy have been updated at the top of Her Terms & Conditions and Privacy Policy. She is under no obligation to provide you an e-mail or other notice regarding any updates to Her Terms & Conditions or Privacy Policy. Your continued access to Her Platforms and Her Materials constitutes consent to, and agreement with, these changes.

DISPUTE RESOLUTION

In the unlikely event that You have a dispute with Her regarding Your use of Her Platforms or Her Materials, regarding or Her products, services, subscriptions or memberships, Her Privacy Policy, Her Terms & Conditions, Your relationship with Her (contractual or otherwise) or any other claim (collectively, “Disputes”), and she is unable to resolve that dispute through informal communications between Her, You agree that any such Disputes will be subject to the following dispute resolution:Any Disputes shall be resolved by binding arbitration before a single arbitrator in accordance with the then-existing rules of the California Lawyers for the Arts, Arts Arbitration and Mediation Service. (See: https://www.calawyersforthearts.org/arts-arbitration–mediation-services.html. In the event that such arbitration service is no longer operating, then the Arbitration service of the American Arbitration Association shall substitute. Venue for any such dispute shall be the County of Los Angeles and California laws shall apply. You further agree that this dispute resolution mechanism shall be Your sole means to seek a remedy for any Dispute and that You will not engage in any class action or other collective action regarding any Dispute You may have with Her. You understand that by voluntarily providing information to Her, by using Her Website or by otherwise engaging in any transaction with Her involving Her products or services, that You are waiving any rights to a trial by jury or to join any collective or class action litigation involving any Dispute.

ADDITIONAL LEGAL TERMS

Integration. These Terms & Conditions along with Her Privacy Policy and any specific additional terms related to any specific transaction(s) regarding Her products, services or subscriptions (collectively, “Her Agreement”), constitute the entire agreement between You and Her and supersede all prior and contemporaneous understanding, agreements, representations and warranties, written or oral. You may not make any changes to these agreements without Her written consent.
Severability. If any provision(s) or term(s) of Her Agreement are held by any tribunal to be invalid or unenforceable, the provision or term shall be deemed modified and interpreted in a manner so as to achieve the intent of the original provision or term. All other provisions and terms of Her Agreement shall remain in full force and effect.No Waiver.
No waiver of or failure to enforce any particular instance of any breach of Her Agreement shall be deemed a continuing waiver of any provision or of any subsequent breach of Her Agreement.
Injunctive Relief. You agree that any breach or threatened breach of Her Agreement will damage Her in a manner that will render damages at law to be inadequate. Accordingly, You acknowledge that she may bring an action for injunctive relief against You for any breach or threatened breach of Her Agreement in addition to any action for monetary or other damages. She may bring such an action for injunctive relief in any court of competent jurisdiction or before an arbitrator selected under this Agreement.
Injunctive Relief Waiver. You, as a condition of entering into Her Agreement, hereby waive any right to seek injunctive relief in any form that may impair or impede the display, distribution or other exploitation of Her Materials and under no circumstances shall You be entitled to equitable relief or to restrain or enjoin the use of Her Platforms or the distribution of any of Her Materials.
Her Successors-in-Interest. Her Agreement shall inure to the benefit of any of Her successors-in-interest. You agree that She may transfer any and all data that You have submitted to Her or that She has collected from You to Her successors-in-interest, without notice. Her successors-in-interest shall be subject to Her Privacy Policy.