Last Updated: October 8th, 2025

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Tracy Breland (operating under her business name, address, and contact details as follows: Tracy Breland, 9050 Jeff Hamilton Road, Mobile, AL (“we,” “us,” “our”). By accessing, using, or interacting with the website located at www.tracybreland.com and any related services, content, tools, features or resources (collectively, the “Site” or “Services”), you agree to abide by these Terms. If you do not agree with any part of these Terms, do not use the Site or Services.

1. Acceptance & Modifications

1.1 Agreement & Updates
We reserve the right to modify, update, or change these Terms at any time, in our sole discretion, by posting the revised version on the Site and updating the “Last Updated” date above. Your continued use of the Site or Services after such modifications constitutes acceptance of the updated Terms.

1.2 Notice of Changes
We may (but are not obligated to) notify you of material changes (for example, by email or a notice banner). It is your responsibility to periodically review these Terms.

1.3 Severability & Waiver
If any provision or portion of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be curtailed only to the extent necessary, and the remaining portions shall remain in full force. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision.

2. Access, Eligibility & Account

2.1 Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site or Services. By using the Site, you represent and warrant that you meet this requirement.

2.2 Account Registration
If, as part of the Services, you create an account, you agree to (a) provide true, accurate, current, and complete information; (b) maintain and promptly update such information; (c) maintain confidentiality of account credentials; and (d) notify us immediately of any unauthorized use or security breach. You are responsible for all activity that occurs under your account.

2.3 Termination / Suspension
We reserve the right, in our sole discretion, to suspend, restrict, or terminate your access to the Site or Services (or any portion thereof) at any time, with or without cause or notice, including for violation of these Terms. Sections of these Terms that, by their nature, survive termination (such as intellectual property rights, disclaimers, indemnification, etc.) shall continue to apply.

3. User Conduct & Prohibited Uses

You agree you will not use the Site or Services in any way that:

• Violates applicable federal, state, local or international law or regulation;

• Infringes the intellectual property, privacy, or other rights of any third party;

• Is fraudulent, false, misleading, or deceptive;

• Transmits or distributes viruses, malware, or harmful code;

• Gains unauthorized access to any portion of the Site or bypasses security measures;

• Interferes with the operation of the Site (e.g. load testing, denial-of-service, etc.);

• Collects or stores personal data of other users without consent;

• Uses automated means (bots, scrapers, spiders, etc.) to access or derive data from the Site, unless expressly permitted;

• Harasses, abuses, or harms another person or entity;

• Uses the Site in a way that competes with or disparages us;

• Encourages or enables any other prohibited conduct.

We may, at our discretion, refuse service, remove or block content, or terminate accounts for misuse of the Site or Services.

4. Intellectual Property and Content

4.1 Our Ownership
All content, materials, text, graphics, designs, logos, images, audio, video, software, and other creative works made available on the Site (“Site Content”) are owned or licensed by us and are protected by copyright, trademark, and other intellectual property laws.

4.2 Limited License to Users
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Site Content for your personal, non-commercial use (unless otherwise stated). You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Site Content without our express prior written consent.

4.3 User Submissions / Contributions
If you post, upload, or submit content (“User Content”) to any area of the Site (e.g., comments, forums, reviews, testimonials, or other interactive features), you grant us an irrevocable, perpetual, worldwide, royalty-free, non-exclusive, fully sublicensable right and license to use, reproduce, distribute, adapt, display, perform, and otherwise exploit such User Content for any purpose. You represent and warrant that you own or have sufficient rights to grant such license and that your User Content will not infringe any third-party rights.

We may monitor, edit or remove User Content, though we have no obligation to do so.

4.4 DMCA / Copyright Infringement
If you believe your copyrighted work has been infringed, you may submit a Digital Millennium Copyright Act (“DMCA”) takedown notice to us at [designated DMCA agent & contact]. We will respond in accordance with applicable law. Correspondingly, we may provide counter-notification procedures for users who believe content was removed in error.

5. Disclaimers & Warranties

5.1 “As Is” / No Warranty
THE SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

5.2 No Guarantee of Results
We do not guarantee any specific results from your use of the Site, including business success, financial outcomes, or growth metrics. Any examples, testimonials, or case studies are illustrative and do not guarantee future success.

5.3 Accuracy & Errors
We do not represent or warrant that the Site will be uninterrupted, error-free, or free of bugs or vulnerabilities. We are not liable for technical failures, omissions, or inaccuracies. We may make corrections or improvements at any time without notice.

6. Limitation of Liability & Indemnification

6.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR AGGREGATE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 Overall Cap
Our total cumulative liability to you under these Terms (or arising out of your use of the Site or Services) shall not exceed the amount you paid to us during the 12-month period immediately preceding the event giving rise to liability, or, if no payment was made, US$100 (or applicable currency equivalent), whichever is greater.

6.3 Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, officers, directors, employees, agents, and licensors (collectively, the “Indemnitees”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Site, your User Content, or your violation of any third-party rights.

7. Payments, Fees & Refunds (if applicable)

(Include this section if Tracy offers paid products, courses, coaching, subscriptions, digital downloads, etc.)

7.1 Payment & Billing
You agree to pay all fees for Services you purchase in accordance with applicable pricing and payment terms. Payment methods accepted, billing cycles, and due dates will be specified at checkout.

7.2 Refunds & Cancellations
Our refund and cancellation policies are set forth in a separate [Refund Policy / Terms] (link here). Unless otherwise stated, fees are non-refundable.

7.3 Suspension for Non-Payment
We reserve the right to suspend or terminate your access to paid Services (or restrict features) for failure to pay outstanding fees.

8. Third-Party Links & Resources

The Site may contain links to third-party websites, tools, or resources not owned or controlled by us. We do not endorse or assume responsibility for any third-party content, products, or practices. You access them at your own risk, and should review their terms and privacy policies.

9. Dispute Resolution & Governing Law

9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Alabama, USA, without regard to conflict-of-law provisions. Any dispute arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Mobile, AL, and you consent to the personal jurisdiction and venue of such courts.

9.2 Informal Negotiation / Mediation
Before initiating any legal proceeding, the parties shall attempt in good faith to resolve disputes informally (or via mediation) for at least 30 days.

9.3 Arbitration / Waiver of Class Actions (Optional / depending on business preference and local law)
You and we may agree to resolve disputes through binding arbitration instead of court litigation. If so:

• The arbitration shall be conducted [in a specified forum, e.g. American Arbitration Association – location],under applicable rules, and judgment on the award may be entered in any court of competent jurisdiction.

• You and we each waive the right to bring or participate in a class action or class arbitration.

• The arbitrator has no authority to award punitive or exemplary damages unless otherwise allowed by law.

(If you do not wish to use arbitration terms, remove this sub-clause or adjust as needed.)

10. Miscellaneous

10.1 Entire Agreement
These Terms (together with any policies referenced herein, such as the Privacy Policy and Refund Policy) constitute the entire agreement between you and us regarding the Site and supersede all prior or contemporaneous agreements, understandings, or communications.

10.2 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms (in whole or in part) without restriction.

10.3 Notices
All notices under these Terms shall be given via email to the contact address you provided, or via posting on the Site. Notices sent by email shall be deemed delivered when sent; notices by posting on the Site shall be deemed delivered when posted.

10.4 Force Majeure
We will not be liable or responsible for any delay or failure to perform resulting from causes outside our reasonable control (e.g., acts of God, natural disasters, internet failures, server issues, war, strikes, governmental actions).

11. Contact Information

If you have questions, notices, or requests related to these Terms, please contact us at:

Tracy Breland
9050 Jeff Hamilton Road, Mobile, AL

Acknowledgment
By using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.