BY VISITING AND SITES OWNED BY RACHAEL BOER EDUCATION, INCLUDING BUT NOT LIMITED TO RACHAELBOER.COM, IPSMASTERMIND.COM AND IPSMASTERMIND.NET, YOU CONSENT TO OUR TERMS OF SERVICE.

The terms “we”, “us”, and “our” refer to RACHAEL BOER EDUCATION. The terms “user,” “you” and “your” refer to visitors, customers, and any other users of the Site.

On www.rachaelboer .com (“Site”), we provide online training resources and content for photographers (“Service”).

Use of the Site, including all presented materials and online services, is subject to these Terms of Service. These Terms of Service apply to all visitors, customers, and all other users of the Site or Service. By using the Site or Service, you agree to and acknowledge these Terms of Service.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Children under the age of 18 are prohibited from using the Site.

RACHAEL BOER EDUCATION makes no representation or warranty that the information provided on the Site (“Content”), regardless of its source, is accurate, complete, reliable, current, or error-free. RACHAEL BOER EDUCATION disclaims all liability for any inaccuracy, error, or incompleteness in the Content. Also, RACHAEL BOER EDUCATION does not guarantee any particular result will be achieved from the Content, Site, or Service.

ACCOUNT CREATION

To use the Site or Service, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information given to RACHAEL BOER EDUCATION will always be accurate, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. In the use of the Site or Service, you must not violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You will not post or transmit through the Site or related online platforms any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. You will not behave in any manner on the Site or related online platforms that is not conducive to a cooperative and supportive environment.

REFUSAL OR TERMINATION OF SERVICE

We, RACHAEL BOER EDUCATION, reserves the right to refuse or terminate service to any order, person, or entity for any reason at its discretion, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change, or discontinue, or terminate any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

REFUND POLICY

RACHAEL BOER EDUCATION does not provide refunds or returns for purchases.

BILLING ISSUES

All billing issues must be sent via e-mail to contact@rachaelboer.com within 45 days of them appearing on your billing statement. Account inquiries are not accepted via personal e-mail, Text Message to RACHAEL BOER EDUCATION Team members or Facebook messenger.

WAIVER AND RELEASE

By joining RACHAEL BOER EDUCATION and/or attending events, activities, and other programs and using the content of RACHAEL BOER EDUCATION, you acknowledge, on behalf of yourself, your heirs, personal representatives and/or assigns, sole responsibility for and assume all risk arising from your use of the Site and Service, and participation in connection with the same.

PRODUCT OR SERVICE DESCRIPTION

We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You will not upload, post, share, or otherwise make available on the Site: (a) any artwork, photos, written content, or other materials (collectively, “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you; or (b) any pornographic, profane, or offensive Materials. Should you violate these terms, your account on the Site and access to the Service will be terminated immediately. You will also be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties. RACHAEL BOER EDUCATION reserves the right to remove any Materials it may deem inappropriate for any reason at its discretion.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over any Materials you submit to RACHAEL BOER EDUCATION. You retain copyright and any other rights you may rightfully hold in any Materials, which you submit through the Site or Service. Content you submit to RACHAEL BOER EDUCATION remains yours to the extent that you have any legal claims to it. You agree to hold RACHAEL BOER EDUCATION harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site or sending us comments, testimonials, and other feedback to contact@rachaelboer.com, you grant us a worldwide, nonexclusive license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by RACHAEL BOER EDUCATION, including without limitation trademarks, copyrights, proprietary information and other intellectual property as well as our company name, logo, all designs, text, graphics, other files, and the selection and arrangement of the same, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content, or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.

RACHAEL BOER EDUCATION is a DBA for IPS MASTERMIND®. IPS MASTERMIND® is a registered trademark owned by IPS Mastermind, LLC.

POLICY CHANGES

We may at any time amend these Terms of Service. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. Your use of the Site or Service after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms of Service at any time. We will post the most recent version to the Site and list the effective date on the page of our Terms of Service.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with RACHAEL BOER EDUCATION. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You agree to indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You will not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of these Terms of Service are included for convenience only and will not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and RACHAEL BOER EDUCATION pertaining to the Site and Service, and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by RACHAEL BOER EDUCATION will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by RACHAEL BOER EDUCATION.

GOVERNING LAW; VENUE; MEDIATION

These Terms of Service will be construed in accordance with, and governed by, the laws of the State of Tennessee. The exclusive venue for any arbitration based on or arising out of this Agreement will be in Shelby County in the State of Tennessee. The parties agree to resolve any dispute, claim or controversy arising out of or relating to these Terms of Service by arbitration.

SEVERABILITY

If any term, provision, covenant, or condition of these Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the terms, provisions, covenants, or conditions will remain in full force and effect and will in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

QUESTIONS

If you have questions or comments about these Terms of Service, please email us at contact@rachaelboer.com.

Updated: June 30, 2022