TERMS AND CONDITIONS OF USE

Last Updated on November 7th 2022.

These are the official Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for​ Shira Gill LLC and Rachel Rosenthal (Rachel and Company LLC) located in San Francisco, California and Bethesda, Maryland herein known and referenced as “Company,” “Our,” “We,” and “Us.”

Our email is hello@rachelrosentha.co “You” and “Your” refers to users of this Company’s website, communications, offerings and related materials, herein known as “Offering.”

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​of​ ​Our​ ​products,​ ​including​ ​online​ ​courses.

GENERAL PROVISIONS

Non-Refundable

Payment is due in full at time of registration and is non-refundable. If you are unable to attend the event, you may transfer your ticket to someone at your own regard. Shira Gill LLC and Rachel and Company LLC will not be responsible for ticket transfers. If for any reason the event is not able to take place on the originally scheduled date, the event shall be rescheduled to a later date. 

COVID

By registering for THE RETREAT, you are releasing liability to all members/parties/agents associated with Shira Gill LLC and Rachel and Company LLC. All attendees, speakers, staff, and outside vendors shall be responsible for monitoring their own health. You are accepting the risk of traveling and attending the event. You will be responsible for maintaining proper safety precautions.

Cancellations

If you are no longer able to attend THE RETREAT, your ticket is nonrefundable. Shira Gill LLC and Rachel and Company LLC are not responsible for travel, accommodations, etc.

Inclusion Policy 

Shira Gill LLC and Rachel and Company LLC value diversity, equity, and inclusion, and we are committed to maintaining a safe and supportive community for BIPOC and LGBTQ+ members of our community.

We will thoughtfully consider our partners, contractors, and consultants, and choose to work with only those that adhere to anti-racist, and non-discriminatory policies.

We have a zero- tolerance policy for hateful, discriminatory, and/or racist comments. Any attendees exhibiting any form of bigotry or hate speech will be asked to leave the retreat and will not be refunded any fees paid.

LIABILITY POLICY

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL SHIRA GILL LLC AND RACHEL AND COMPANY LLC BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE RETREAT AND AGREEMENT OR THE SERVICES PERFORMED IN CONNECTION WITH THIS AGREEMENT.  SHIRA GILL LLC AND RACHEL AND COMPANY LLC LIABILITY LIMIT SET FORTH ABOVE SHALL NOT APPLY TO: (1) DAMAGES CAUSED BY SHIRA GILL LLC AND RACHEL AND COMPANY LLC GROSS NEGLIGENCE (FOR PURPOSES OF THIS SECTION, “GROSS NEGLIGENCE” SHALL MEAN A WANT OF EVEN SCANT CARE OR EXTREME DEPARTURE FROM THE ORDINARY STANDARD OF CONDUCT) OR WILLFUL MISCONDUCT; (2) SHIRA GILL LLC AND RACHEL AND COMPANY LLC'S OBLIGATION TO INDEMNIFY AND DEFEND COUNTY PURSUANT TO THE GENERAL INDEMNIFICATION AND INFRINGEMENT INDEMNIFICATION PROVISIONS HEREIN; (3) DAMAGES THAT ARISE FROM THE UNAUTHORIZED USE OR DISCLOSURE OR FAILURE TO MAINTAIN CONFIDENTIALITY OF COUNTY’S INFORMATION IN THE POSSESSION OR CONTROL OF SHIRA GILL LLC AND RACHEL AND COMPANY LLC (DATA BREACH), INCLUDING ALL OF COUNTY’S RELATED COSTS OF INVESTIGATION AND NOTIFICATION, AND STATUTORY FINES AND PENALTIES; (4) WRONGFUL DEATH CAUSED BY SHIRA GILL LLC AND RACHEL AND COMPANY LLC; AND (5) CLAIMS COVERED BY THE INSURANCE.

INDEMNIFICATION CLAUSE. 

Attendee shall indemnify, hold harmless and, not excluding the Shira Gill LLC and Rachel and Company LLC's right to participate, defend the Shira Gill LLC and Rachel and Company LLC's, its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys’ fees and costs, (hereinafter referred to collectively as “claims”) for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Attendee or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Attendee from and against any and all claims. It is agreed that Attendee will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the Shira Gill LLC and Rachel and Company LLC's, its officers, officials, agents and employees for losses arising from the work performed by the Attendee.

PRIVACY POLICY

Privacy Policy Consent

The website and its content is owned by Rachel and Company (“Company”, “we”, “us”, or "our"). The term “you” refers to the user or viewer of https://www.rachelrosenthal.co (“Website”).

This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data (as defined below) used to access this Website. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Website shall be limited to the purposes under this Privacy Policy and our Terms of Use to customers.

Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. In the event of a material change, we will let you know via email and / or a prominent notice on our Website.

Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy.  By using our Website or its content, you consent to this Privacy Policy, whether or not you have read it.

Information We May Collect

We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content.  We will only collect the minimum amount of information necessary for us to fulfill our obligation to you. We may collect:

• A name and an email address so we can deliver our newsletter to you – you would be affirmatively consenting to this by providing this to us in our contact forms.
• Billing information including name, address and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation.
• A name and an email address if you complete our contact form with a question. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question.
• Information from you from a co-branded offer. In this case, we will make clear as to who is collecting the information and whose privacy policy applies. If both / all parties are retaining the information you provide, this will also be made clear as will links to all privacy policies.

Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at hello@rachel-company.com.

If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or content.

Other Information We May Collect:

Anonymous Data Collection and Use

To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.

Use of “Cookies”

We may use the standard “cookies” feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended.

What We Do With Information We Collect

Contact You

We may contact you with information that you provide to us based on these lawful grounds for processing:

• Consent. We may contact you if you give us your clear, unambiguous, affirmative consent to contact you.
• Contract. We will contact you under our contractual obligation to deliver goods or services you purchase from us.
• Legitimate Interest. We may contact you if we feel you have a legitimate interest in hearing from us. For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar. You will always have the option to opt out of any of our emails.

Process Payments

We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third party payment processors that take the utmost care in securing data and comply with the GDPR. 

Targeted Social Media Advertisements

We may use the data you provide to us to run social media advertisements and / or create look-alike audiences for advertisements.

Share with Third Parties

We may share your information with trusted third parties such as our newsletter provider in order to contact you via email, our merchant accounts to process payments, and Google / social media accounts in order to run advertisements and our affiliates.

Viewing by Others

Note that whenever you voluntarily make your Personal Data available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting in a Facebook group that we manage, sharing details on a group coaching call, etc.).

Submission, Storage, Sharing and Transferring of Personal Data

Personal Data that you provide to us is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, newsletter provider, payment processors or team members).

It is important to note that we may transfer data internationally. For users in the European Union, please be aware that we transfer Personal Data outside of the European Union. By using our Website and providing us with your Personal Data, you consent to these transfers in accordance with this Privacy Policy.

Data Retention

We retain your Personal Data for the minimum amount of time necessary to provide you with the information and / or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations.

Confidentiality

We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.

How You Can Access, Update or Delete Your Personal Data

You have the right to:

• Request information about how your Personal Data is being used and request a copy of what Personal Data we use.
• Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed.
• Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).
• Withdraw your consent at any time to the processing of your Personal Data.
• Lodge a complaint with a supervisory authority if you feel we are using your Personal Data unlawfully.
• Receive Personal Data portability and transference to another controller without our hinderance.
• Object to our use of your Personal Data.
• Not be subject to an automated decision based solely on automatic processing, including profiling, which legally or significantly affects you.

Unsubscribe

You may unsubscribe from our e-newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at hello@rachel-company.com.

Security

We take commercially reasonable steps to protect the Personal Data you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Data.  That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, we will inform you immediately.

Anti-Spam Policy

We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.

Third Party Websites

We may link to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data.

Children’s Online Privacy Protection Act Compliance

We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content is directed to individuals who are at least 18 years old or older.

Notification of Changes

We may use your Personal Data, such as your contact information, to inform you of changes to the Website or its content, or, if requested, to send you additional information about us. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Website, its content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy.  Please review this Privacy Policy periodically. Continued use of any of information obtained through or on the Website or its content following the posting of changes and/or modifications constituted acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact you via email or by a prominent note on our Website.

Data Controller and Processors

We are the data controllers as we are collecting and using your Personal Data.  We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR- compliant.

If you have any questions about this Privacy Policy, please contact us at hello@rachelrosenthal.co

Terms and Conditions

Please read the Terms and Conditions (“Terms”, “Terms and Conditions, “T&C”) of the https://www.rachel-company.com website. The Website and its Content is owned by Rachel and Company (“Company”, “we”, “us”, or "our"). The term “you” refers to the user or viewer of https://www.rachel-company.com (“Website”).

We reserve the right to change the T&C from time to time without notice. You acknowledge and agree that it is your responsibility to review this T&C periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Website Use and Consent

By visiting our website and accessing and/or purchasing the information, content, services, products, and tools we provide for you, either directly or indirectly through this Website (“Content”) , you agree to use these Content only for the purposes intended as permitted by (a) the terms of our T&C, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that in order to access our Content, you may be required to provide certain information about yourself (such as identification, contact details, payment information, etc.) as part of the checkout process, or as part of your ability to access the Content. You agree that any information you provide will always be accurate, correct, and up to date.

Accessing (or attempting to access) any of our Content by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Content through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Content, including the servers and/or networks to which our Content are located or connected, is strictly prohibited.

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website/Content is our property and is protected by United States intellectual property laws.  Attempting to copy, duplicate, reproduce, sell, trade, or resell our Content is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

Any content downloaded or otherwise obtained through the use of our Content is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

No information or advice, whether expressed, implied, oral or written, obtained by you from Rachel and Company or through any Content we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in our T&C.

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this T&C, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

Our Limited License to You

This Website and its Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

If you view, purchase, or access our Website, you agree that the Website and its original content, features and functionality are and will remain the exclusive property of Rachel and Company and its licensors. We are protected by copyright, trademark, and other laws. Our trademarks and logos displayed on the Website belong to us, unless otherwise indicated, may not be used in connection with any product or service without the prior written consent of Rachel and Company.

Your License to Us

When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  You may, however, at any time, ask us to delete this information. Your rights regarding this personal information can be found in our Privacy Policy.

You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.

Links to Other Websites

Our Content may contain links to third party web sites or services that are not owned or controlled by Rachel and Company. Rachel and Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Rachel and Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

We've created a separate page dedicated to Credit & Disclosure, which goes into more detail with how we disclosure affiliate links and partnerships. Click here to read our full Credit & Disclosure page.

Indemnification

You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.

Limitation of Liability

Unless otherwise limited by law, we will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.  We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise prohibited by law.

Release of Claims

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Online Commerce

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.  Please review our Privacy Policy for how we comply with securing your personal data.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this T&C.

Governing Law

The Website is controlled by Rachel and Company from our offices located in the state of Maryland, USA. The Website can be accessed by most countries around the world. As each country has laws that may differ from those of Maryland, by accessing our website, you agree that the statutes and laws of Maryland, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce these T&C shall be brought in the federal or state courts located in Maryland, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Termination of Use

We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

Guarantee

UNLESS OTHERWISE EXPRESSED, Rachel and Company EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact

If you have any questions about these Terms & Conditions, please contact us at hello@rachelrosenthal.co