TERMS OF USE

Last updated on March 17, 2024.

Brittany R. Collins, LLC (collectively, “we,” “us” and “our”) is the owner of this website, brittanyrcollins.com (the “Website”). These Terms of Use (the “Terms”) form the rules that apply to anyone who visits and utilizes the Website.

ACCEPTANCE OF TERMS OF USE

Your access to, and use of, the Website is expressly subject to your agreement to be bound by these Terms as well as to all applicable federal and state laws. You must be at least thirteen (13) years old to use the Website. In addition, if you are under eighteen (18) years old, you may only use the Website with the approval, and under the supervision, of your parent or legal guardian. Your access and use of the Website constitute your unconditional assent and agreement to be bound by these Terms. If you do not agree to the Terms, then you should immediately cease all use of the Website. If you are a parent or legal guardian of a child who is using the Website, by allowing your child to use the Website, you are agreeing to these Terms and will be responsible for your child’s actions on the Website.

We may, in appropriate circumstances and at our discretion, take reasonable steps to disable and/or terminate the access to the Website of anyone who violates these Terms.

USER PRIVACY

We are committed to protecting the privacy of visitors to the Website in accordance with applicable laws and regulations. For information about our data collection, sharing, and processing practices, please review our privacy policy (the “Privacy Policy”), which is incorporated herein.

MEDICAL DISCLAIMER

Please note that Brittany Collins is not, and is not holding herself out to be, a physician, nurse, psychologist, therapist or any other healthcare provider/professional, and we are not a healthcare organization or provider. Please further note that this Website, including all Content, is provided for educational and informational purposes only. The Website, including all Content, is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always consult with a physician or other qualified healthcare provider/professional for any medical questions, issues, concerns, or conditions you may have and any treatments therefor.

COPYRIGHT

All photographs, images, graphics, video, text, data, information, and other expressive materials on the Website (all of the foregoing, collectively, the “Content”) are protected by the copyright laws of the United States of America and other jurisdictions. Content may not be reproduced, modified, redistributed or otherwise used in any way without prior written permission from its respective owner. As between you and us, we shall retain and own all right, title, and interest, including without limitation any and all copyrights, trademarks and other intellectual property rights of any kind, in the Content and all elements thereof (excluding Submissions) and any modifications or improvements made thereto. Under no circumstances will your use of the Content give you any intellectual property rights, proprietary rights or ownership rights in the Content.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that your work has been copied or used on the Website in a way that constitutes copyright infringement, please provide the following information to our copyright agent:

(i)              an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

(ii)            a description of the copyrighted work that you claim has been infringed;

(iii)           a description of where the material that you claim is infringing is located on the Website;

(iv)           your address, telephone number, and email address;

(v)            a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi)           a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright infringement can be reached at the following address:

64 Gothic St, Northampton, MA 01060

Attention: Copyright Agent

email: ohm@fierstbloomberg.com

phone: (413) 584-8067

TRADEMARKS

The names and logos that appear on the Website are registered and unregistered trademarks of ours or of third parties that have granted us the right to use such trademarks. All trademark rights are reserved by their respective owners, and your use of any trademarks is expressly prohibited absent the prior written permission of their respective owner.

GRANT OF LICENSE AND RESTRICTIONS

Your commercial use of any Content or the Website is expressly forbidden. You are granted a personal, limited, non-transferable, non-exclusive, non-sub-licensable, revocable license to access and view the Website and Content for non-commercial purposes only, provided that you do not, and do not allow any third party to:

(i)              Modify, copy, reproduce, broadcast, republish, sell, resell, exploit, reverse engineer (except to the extent permitted by law), disassemble, create derivative works, download or distribute in any way any portion of the Website or Content.

(ii)            Disrupt or assist in the disruption of any Website server or any other user’s Website experience.

(iii)           Use any meta tags or any other “hidden text” utilizing our names or trademarks.

(iv)           Collect any information about other users of the Website; create or transmit unwanted electronic communications to other users of the Website; or otherwise interfere with such users’ enjoyment of the Website.

(v)            Upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment.

(vi)           Use the Website in any manner to:

a.   Send junk mail, spam, chain letters, or pyramid schemes.

b.   Transmit messages which are, in our sole discretion, offensive, unlawful, harassing, defamatory, vulgar, obscene, hateful, threatening, sexually explicit, or otherwise objectionable.

c.   Intimidate, bully, threaten or harass other users or moderators of the Website.

d.   Engage in or promote criminal or illegal activities or actions that aid such activities.

e.   Engage in “trolling.”

Please do not engage in the foregoing activities. The grant of this limited license is further conditioned upon your agreement to and strict compliance with all provisions of these Terms.

REQUESTS FOR USE OF CONTENT

Requests for use of any Content from the Website should be directed to: brcollins96@gmail.com. Permission for such use may be granted on a case-by-case basis at our sole discretion. Additional licensing and/or usage fees may be incurred. We reserve the right to deny permission for use of the Content, for any reason or no reason, and we do not grant permission for use of Content owned by third parties.

SUBMISSIONS

You may be provided with the opportunity (e.g., through the Grief Poem Project or Digital Magazine: Stories of Practice) to create and submit poems, stories, vignettes, essays, and other similar submissions through the Website (collectively, “Submissions”). All rights, including copyright, in and to your Submissions shall be owned by you. By submitting your Submissions to the Website, you hereby grant to us a non-exclusive, sub-licensable, transferable, free and royalty-free, worldwide, irrevocable and perpetual license to access, use, modify, reproduce, host, store, distribute, post, publicly perform and display, and otherwise share the Submissions (in whole or in part) in any and all forms, manner and media now known or hereafter devised, including without limitation on the Website, for our promotional purposes, and through social media. You also hereby grant each user of the Website a non-exclusive license to access your Submissions through the Website, and to use, reproduce, distribute, display, perform and share such Submissions as permitted through the functionality of the Website and under these Terms.

You represent and warrant that all Submissions created or furnished by you: (i) are and shall be your own, original creation and solely owned by you; and (ii) do not and will not infringe upon or violate any rights of any kind or nature whatsoever of any person or entity (including without limitation rights of privacy or publicity, copyrights, trademark or similar rights), and (iii) do not contain anything that is libelous or defamatory, and (iv) do not violate any law or regulations, or these Terms.  You further represent and warrant that you have secured all permissions, releases, IRB (Institutional Review Board) approvals, licenses and authorizations (collectively, “Permissions”) necessary: (A) to create the Submissions and submit the Submissions to the Website, and (B) to grant the rights hereunder (including without limitation all rights necessary to enable us to access, use, modify, reproduce, host, store, distribute, post, publicly perform and display, and otherwise share the Submissions as contemplated herein). For the avoidance of doubt, this includes all necessary Permissions from the parents and guardians of any students or minors whose poems, stories, anecdotes, works or other information may be reflected, reproduced, quoted, contained or otherwise included in your Submissions. If you have not secured all necessary Permissions, please do not submit your Submissions to us. You understand that your representations and warranties shall also inure to the benefit of our owner(s), employees, contractors, affiliates, agents, and partners.

We have no obligation to monitor or moderate the Submissions, but reserve the right to review Submissions, and to remove any materials at any time, without notice, and for any reason and in our sole discretion. Submissions reflect only the view of their author(s) and we specifically disclaim any liability with regard to Submissions. You acknowledge that, by providing you with the ability to view and distribute Submissions on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website. We assume no responsibility for the deletion of or failure to store any Submissions.

We are not responsible for information that you choose to communicate to other users via the Submissions or otherwise, or for the actions of other users of the Website. Any information you share via your Submissions is by design open to the public and is not private. We recommend that you do not post, display, transmit submit any confidential or sensitive information that you do not want to reveal to the public. You hereby waive, and release us and our owner(s), employees, contractors, affiliates, agents, and partners from, any and all claims relating to: (i) your Submissions; or (ii) the actions of other users of the Website.

In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately.

EVENTS

The Website may contain information or content relating to events, venues and other activities (collectively, “Events”). You acknowledge and agree that we make no representation or warranty of whatsoever kind with respect to such Events or any information or materials relating to such Events. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of, participation in or reliance on said Events or materials or information relating to such Events.

BOOKINGS

To obtain further information about Brittany Collins’ availability for workshops, speaking engagements or other appearances, please e-mail us at: brcollins96@gmail.com

LINKING TO OTHER SITES

The Website contains hyperlinks to other internet sites that are not controlled by us (“Third Party Sites”). The existence of hyperlinks on the Website to any Third Party Sites does not constitute any approval or endorsement (whether express or implied) by us of any of the products, services, information, or data practices associated with such Third Party Sites. Likewise, we are not responsible for the content or data practices of any Third Party Sites. We urge you to carefully review the terms of use and privacy policies applicable to all Third Party Sites before you provide any personal or sensitive information to such Third Party Sites because their policies may be different from ours. Your use of any Third Party Sites is strictly at your own risk.

ELECTRONIC COMMUNICATIONS

When you visit the Website, submit a “Contact” form, or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INDEMNIFICATION

You agree to indemnify, defend, and hold us and our owner(s), employees, contractors, affiliates, agents, and partners, harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from, or in connection with: (i) your use of the Website or any of the Content; or (ii) any Submissions you share, post or otherwise provide to the Website (including but not limited to claims relating to copyright infringement, invasion of privacy and/or defamation); or (iii) your violation of these Terms.

DISCLAIMER OF WARRANTIES

We provide the Website strictly on an “as is” and “as available” basis. Your use of, and reliance upon, the Website and any Content is strictly at your own risk. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and/or noninfringement of copyrights or other third party proprietary rights. We do not warrant that the Website will provide continuous, prompt, secure, uninterrupted, or error-free service. The information contained on the Website may be incomplete or inaccurate, may contain errors, or may become out of date at any time, and we make no representation or warranty with respect to such information. We make no commitment and expressly disclaims any duty to update any Content on the Website. We make no representations or warranties about the Content.

We assume no liability for any errors or omissions, including the inaccuracy of the Content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Website, the Content, or any Submission. We assume no responsibility and shall not be liable for any damages to, or viruses or other malicious software or code that may affect, your device, computer equipment, or other property arising from your use of the Website.

LIMITATION OF LIABILITY

Neither we nor our owner(s), employees, contractors, affiliates, agents, or partners shall be liable for any damages, including without limitation, any indirect, incidental, compensatory, punitive, special or consequential damages (even if advised of the possibility of such damages) arising from or related to your use of the Website or any Content.

TO THE EXTENT THAT A COURT OF COMPETENT JURISDICTION SHOULD DETERMINE THAT WE ARE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY ANY USER, SUCH USER’S ENTIRE RECOVERY SHALL BE CAPPED AT, AND SHALL NOT EXCEED, AN AMOUNT THAT IS EQUAL TO ONE HUNDRED UNITED STATES DOLLARS (USD$100).

If you reside in a jurisdiction that does not allow for the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, the limitations above will not apply to you.

EQUITABLE REMEDIES

You agree that we would be irreparably damaged if the provisions of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies we may otherwise have available to it under applicable laws.

SEVERANCE AND WAIVER

You acknowledge and agree that in the event any provision of these Terms shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining provisions of these Terms contained herein shall not in any way be affected or impaired thereby. In such event, you agree that such invalid provision shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms. No failure by us to exercise or enforce any right or provision of these Terms shall constitute a waiver of such right or provision unless agreed to in writing by us in each instance.

CHOICE OF LAW AND FORUM

These Terms, and all disputes arising out of the interpretation or enforcement of the same, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.

You agree to use your best efforts to resolve any controversy, claim, action or other dispute arising out of or related to the Website, including any cause of action arising out of or related to these Terms (each a “Dispute” and collectively, the “Disputes”) with us directly, in your individual capacity. If a Dispute arises, you agree to first try in good faith to resolve the Dispute with us by writing to us at: brcollins96@gmail.com. You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to any litigation.

You agree that any action at law or in equity arising out of or relating to a Dispute shall be filed only in the state courts located in Hampshire County, Massachusetts or the US federal courts located in Hampden County, Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Disputes may not be joined or consolidated unless agreed to in writing by all parties. To the fullest extent permitted by applicable law, you hereby waive any right to participate in any type of lawsuit brought and/or maintained as a class action or similar in nature to a class action. In the event that this class action waiver is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury.

The Website is intended for users based in the United States of America. If you are accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States of America laws, be advised that through your continued use of the Website, which is governed by the law of the United States of America and the Website policies, you will be transferring your personal information into the United States of America and you consent to that transfer. Your information may be stored and processed in any country where we are located or in which we engage third party service providers. By using the Website, you consent to the transfer of information to countries outside your country of residence, which may have different data protection rules than in your country. While this information is outside of your country, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

ENTIRE AGREEMENT; MODIFICATIONS

These Terms, together with the Privacy Policy and any other documents or policies referenced herein, are the complete statement of the agreement between you and us with respect to the subject hereof and supersede all prior agreements and understandings between you and us with respect to the subject hereof. Any provision of these Terms which by its nature contemplates your or our continued compliance after the termination or expiration of these Terms shall survive the termination or expiration of these Terms. We may revise these Terms from time to time, at any time, and without providing any prior written notice to you. We will strive to give Website users prior notice of any material change hereto before it takes effect, but this may not always be possible. Please take note of the “last updated on” date above so that you can remain aware of any changes to these Terms. Your continued use of the Website constitutes your assent to be bound by these Terms, as may be modified from time to time. If you do not agree to the Terms, then you should immediately cease all use of the Website.

CONTACT

Please contact us with any questions, comments, or concerns about our Terms or any other aspect of the Website at: brcollins96@gmail.com