Last updated on 2020-03-03

Leah Noell Design Co and its affiliates, (“Leah Noell”, “we”, “us” and “our”) are committed to guarding your privacy and the protection of your information. We actively maintain the security of our servers where your information is stored. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. This notice applies to all information collected or submitted on www.leahnoelldesignco.com or any other website owned, operated, licensed, or controlled by Leah Noell, and any associated software, website, web widgets, feeds and applications for third-party websites and services, and any other mobile or web services or applications owned, controlled, or offered by Leah Noell Design Co (collectively, the “Service”).

This Privacy Policy is incorporated into and is subject to the Leah Noell Design Co Terms of Service. Your use of the Service and any personal information you provide on the Service remains subject to the Brand Mentors Terms of Service. Any capitalized terms not defined in this Privacy Policy shall have the meanings ascribed to them in such Terms of Service.

Personal information is information that specifically identifies an individual, such as a name, address, telephone number, email address, or another account number, and information about that individual’s activities when directly linked to that person, such as information about his or her use of the Service. Personal information also includes demographic information, such as date of birth, gender, geographic location and preferences when such information is linked to other personal information that identifies you. Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us and our third party advertisers understand trends and our users’ needs so that we can better consider new features or otherwise tailor the Service for users like you.

We collect personal information in a number of ways when you visit the Service. For example, we collect personal information when you: (1) register and set up an account, (2) participate in a Leah Noell Design Co course, (3) interact on our forums or networking sites or (4) contact us by email for any reason. When you visit the Service, some information is also automatically collected, such as your computer’s or mobile device’s Internet Protocol (IP) address, your computer’s or mobile device’s operating system, the browser type, the address of a referring website, and the time and date of your visit and interactions with the Service. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Furthermore, if you make any purchases through the Service, billing and credit card information may be required. All such credit card transactions are fully encrypted and your billing and credit card information is collected and stored by us or a trusted third party. Any third party credit card vendor will be prohibited from using this information for any purpose other than storing the credit card.

Information we collect

While using our site, we may ask you to provide us with certain personal data that can be used to contact or identify you (“Personal Data”). Personal Data may include, but is not limited to:

While most of the information we collect is provided voluntarily by you, some of the information we collect may be collected automatically by use of a “cookie.” Cookies are small text files that reside on your computer and identify you as a unique user. Cookies allow us to, among other things, measure activity on our website and to personalize your experience with the Service. For instance, cookies may enable us to remember your viewing preferences without requiring you to re-type a user name and password. Cookies may also allow us to monitor your progress in a course or track your status when ordering products from us. If you choose, you can set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features on our Service. Please see the discussion below regarding Web Analytics for more opt-out information.

We use the information that we collect to complete a contact or request, to provide the Service, to better understand your needs, to provide to Leah Noell Design Co. marketing, to improve our products and services, and to contact you.

We are committed to protecting your personal information, and will not disclose your personal information except as set forth herein. We may share your information with subcontractors that provide us with services. These services may include, among other things, helping us provide the Leah Noell Design Co courses, helping to provide services that you request, helping to create or maintain our databases, helping to research and analyze the people who request services or information from us, helping to provide marketing or solicitation materials for our products or services, and/or helping to process payment card information. You may choose to submit information as part of a course or online community offered by Leah Noell Design Co. Any information you choose to post, including personally identifiable information, may be available generally to the public, or to other members of the course or online community.

In addition, we may disclose personal information in the good faith belief that we are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of Leah Noell Design Co, our users, our employees or the public. Information about our users, including personal information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition.

We have put into place reasonable security measures in an effort to protect personal information while it is under our control. Your account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Service by any person using your password. Please advise us immediately if you believe your password has been misused.

We give you the opportunity to opt-out of receiving communications from us and to view, correct or remove your personal information.

If you want to view, correct or remove your personal information, some information may be accessed and changed or removed online or by contacting us at leah@leahnoelldesignco.com. If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to leah@leahnoelldesignco.com. We will promptly take action.

We reserve the right to change this Policy at any time. We may use personal information for new, unanticipated uses not previously disclosed in this privacy policy. If our privacy practices change we will post the policy changes to the Service and notify you by indicating the date the privacy policy was last updated. We will also provide you with the ability to opt-out of these new uses. We encourage you to check our website periodically if you are concerned about how your information is used.

This Terms of Service (“TOS”) is a legally binding agreement made by and between Leah Noell Design Co and its affiliates, (“Leah Noell”, “we”, “us” and “our”), and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you”, “your”, “yours”). This TOS governs your access to and use on leahnoelldesignco.com or any other website owned, operated, licensed, or controlled by Leah Noell Design Co (the “website”), and any associated software, website, web widgets, feeds and applications for third-party websites and services, and any other mobile or web services or applications owned, controlled, or offered by Leah Noell Design Co (collectively with the website, the “Service”).

BY ACCESSING OR USING ANY PART OF THE SERVICE, INCLUDING LINKING TO THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE SERVICES OR WEBSITE (INCLUDING THE PRIVACY POLICY), YOU ARE REQUIRED TO FOLLOW THOSE AS WELL. THOSE POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS TOS. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS AND TO FOLLOW ALL APPLICABLE LAWS, GUIDELINES AND POLICIES, DO NOT ACCESS OR USE THE SERVICES AND LEAVE THE WEBSITE IMMEDIATELY.

Leah Noell Design Co RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE SERVICE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEBSITE. We will post the amended TOS on this page and indicate at the top of the page the date the Agreement was last revised.

You must be at least 18 years old to download and use the Service, or, if you are not at least 18, you must be at least 13 years old and may download and/or use the Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, you may not visit the website or download or use the Service.

Use of the Software Generally

You must comply with all of the terms and conditions of this TOS, any policies referred to below or on the website, and all applicable laws, regulations, and rules when you use the website. Subject to the terms and conditions of this TOS, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on the website in the normal course of your use of the website.

Except as expressly authorized herein, you agree to the following restrictions:

(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Service except as expressly provided in this TOS.

(b) You may not distribute, sell, resell, sublicense, rent, lease, share, or lend the Service.

(c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Service or create derivative works based on the Service.

(d) You agree that you shall only use the Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.

(e) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the Service.

(f) We do not promote, recommend or condone the use of the Service during other activities, such as the operation of machinery, where there is any risk of an accident. You agree not to use the Service during such activities.

Brand Mentors may make the Service accessible on certain mobile devices. Please be aware that your carrier’s normal rates and fees, such as text messaging and data fees, may apply.

The Service may store and provide to Leah Noell Design Co data about your interaction with the Service, including without limitation, data related to the content accessed while using the Service. Such information will be used only for the purposes of operating, providing and improving the Service and marketing the Service, but only to the extent such information is aggregated and anonymized. Such information is subject to the terms of Leah Noell Design CO Privacy Policy, which is incorporated by reference into this TOS.

By downloading and/or using the Service, you consent to receive electronic communications and notices from Leah Noell Design Co. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.

Copyright. All materials on the website and available through the Services, including without limitation, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by Brand Mentors or its licensors.

Trademarks. Product names, logos, designs, titles, and words or phrases used on the Service, are owned by Leah Noell Design Co, or its licensors. All page headers, custom graphics, button icons, and scripts are trademarks or trade dress of Leah Noell Design Co or its licensors. If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the website or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission.

Your Ideas. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Leah Noell Design Co under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Leah Noell Design Co does not waive any rights to use similar or related ideas previously known to Leah Noell Design Co, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.

Linking and Framing. You may not frame, inline link, or similarly display any Leah Noell Design Co content or property, including, without limitation, the website.

Notice and Take Down Procedures And Copyright Agent

Leah Noell Design Co respects the intellectual property rights of others and expects its users to do the same. Leah Noell Design Co may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, Leah Noell Design Co will, in its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe any materials accessible on or from the Services infringe your copyrights or trademark/service mark rights, please notify Leah Noell Design Co at leah@leahnoelldesignco.com, and provide the following information:

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.

In connection with your use of the Service, the Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with Leah Noell Design Co. Leah Noell Design Co is not responsible for the content, offers or privacy policies of such third party advertising, sites, and programs. Your dealings with third party sites are solely between you and the applicable third party. You expressly release Brand Mentors from any and all liability arising from your use of any third-party website or services or third party owned content. We encourage you to be aware of when you leave the website and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Sensitive Data

We request that you do not send us any sensitive data such as social security or national identification numbers, information related to racial or ethnic origin, political opinions, religious beliefs, health data, biometrics or genetic, criminal background or trade union membership information. If you do send us this information, then you are consenting to its processing in accordance with this privacy notice.  To avoid processing of sensitive data, do not submit it.

Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt-out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

      • On our Privacy Policy Page

Can change your personal information:

      • By emailing us

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

It’s also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

We do not specifically market to children under the age of 13 years old.

You represent and warrant to Leah Noell Design Co that: (i) you have the full power and authority to enter into and perform your obligations under this TOS; (ii) your assent to and performance of your obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) this TOS constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the website or the Services; and (v) you will comply with all applicable laws, rules and regulations in your use of the Services and the website, including this TOS.

You agree to indemnify, hold harmless and release Brand Mentors, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers, and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the Service, (ii) breach of any of this Agreement, or (iii) your violation of any applicable law or the rights of any other person or entity. Brand Mentors reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

If any dispute arises regarding this Agreement or the Service, you agree that the dispute will be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts in Lake County, Indiana. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the website or Services, must be filed within one calendar year after such claim or cause of action arises or forever be barred.

Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

If any provision of this Agreement shall be unlawful, void, or for any reason was unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.

This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Brand Mentors as set forth above.