Privacy Policy

Shellie Bextermueller LLC Privacy Policy
NAVIGATION
1. Introduction
2. Consent to entrance into this agreement as well as the Data Collection that result
2. Data Collection
3. Data Management
4. Data Usage
5. List of Third Party Processors
1. INTRODUCTION TO PRIVACY POLICY
The Company is committed to maintaining the confidentiality, integrity and security of any Personal Information (as
defined below) about Company’s End-Users. To demonstrate Company’s commitment to protecting Your privacy,
Company has developed this privacy policy (“Privacy Policy”), which describes how Company will collect, use,
disclose and protect Your Personal Information through the Product.
(a) LICENSE AGREEMENT AND END USER LICENCE AGREEMENT
This Privacy Policy as well as Company’s Product License Agreement and End User License Agreement (“License
Agreements”) govern Your access and use of the Product, as owned and operated by the Company, a corporation
having its registered address at
P.O. Box 58 Gordonville, MO
(referred to in these Terms as the “Company”). Terms capitalized but not defined in this Privacy Policy have the
meanings set out in the License Agreement. “You”, “Your” and “Yours” refers to you, the End-User, as defined in the
License Agreement.
(b) CONSENT AND AGREEMENT TO BE BOUND
(i) CONSENT PROVIDED BY CONTINUING USE. By accessing and/or using the Product You agree to all the terms and
conditions of this Privacy Policy and the License Agreement and which are incorporated here by reference. If You do
not agree to all the terms and conditions of this Privacy Policy and the License Agreement, please do not use the
Product.
(ii) YOU MAY ALSO HAVE PROVIDED CONSENT THROUGH THE
Digital Distribution Platform
. There are certain types of device data that the Product cannot access without Your consent. The various
application marketplace platforms that Company serves the Product through will notify You the first time the
Product requires permission to access certain types of data and will let You decide to consent to that request. You
further agree to abide by all the terms in the
Digital Distribution Platform
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end user licensing agreement, or any other applicable application store (“Digital Distributor”) agreement, so long as
such agreement does not conflict with the terms herein or the License Agreement.
(iii) CHANGES WILL REQUIRE YOUR CONSENT. In the case of a material change to the Product as described in the
amendment provision set out in the License Agreements, and in accordance with the amendment requirements set
out therein, Company will provide written notice to inform You and will obtain consent from You for any new
purposes not previously identified.
(iv) PROVIDING CHANGES TO YOUR CONSENT. Changes can be submitted by updating Your data in accordance with
the user data update and verification provisions set out in the section of this Privacy Policy entitled [“3. Data
Management”. (NTD: INSERT HYPERLINK)]
(c) CONSENT TO COLLECTION AND ANALYSIS OF THE INFORMATION YOU PROVIDE TO US
(i) SPECIFIC CONSENT TO COLLECTION OF INFORMATION. By using the Product, You consent to the collection, use
and disclosure of Your Personal Information by Company in the manner described in this Privacy Policy. You may
always opt not to disclose certain Personal Information, but which may restrict access to certain features of the
Product. For example, Your name and email address are necessary to complete the registration process. At any time
after registration, You may opt out of most email communication from Company by clicking on the opt-out link at the
bottom of Company’s emails, or by contacting Company at the contact details listed above. However, Company may
still contact You for administrative purposes. Withdrawing consent will not apply to actions the Company has
already taken based on Your prior consent.
(ii) CONSENT TO RECEIVING COMMUNICATIONS FROM US: When You sign up for an account, You are opting in to
receive emails from the Product for administrative or technical issues and You may occasionally receive the
Company newsletters.
a. COMMUNICATIONS IN THE EVENT OF BREACH: In the unlikely event that Company believes that the security of
Your Personal Information in Company’s possession or control may have been compromised and creates a real risk
of significant harm to You, or if Company believes that a notification is appropriate, Company may seek to notify You
of that development, pursuant to both Company’s desire to keep You informed and Company’s legal requirement to
do so. If a notification is appropriate, Company may notify You by the email address registered to Your account.
Additional details on a Data Breach can be found in the in the section of this Privacy Policy entitled “3. Data
Management”.
b. WE WILL NOT REQUEST CONFIDENTIAL PERSONAL INFORMATION: Company will never send email messages to
customers requesting confidential information such as passwords, credit card numbers, or social security or social
insurance numbers. Please do not act on any such emails as You may compromise Your Personal Information by
replying or by following links to a fraudulent website.
(d) AMENDMENTS TO THIS PRIVACY POLICY AND VALIDATION TO CONFIRM COMPLIANCE WITH LAW. The
Company may amend or change this Privacy Policy at its sole discretion at any time, and in accordance with the
amendment provisions set out in the License Agreement. The use of the information Company collects at any given
point is subject to the Privacy Policy in effect at the time of collection. If Company makes any material changes
Company will notify You by email or by means of notice on the Product prior to the change becoming effective.
Company will post the most current Privacy Policy on the Product, and Your use of the Product is subject to the
most current Privacy Policy as posted on the Product at any time.
(i) Company’s PERIODIC REVIEW. Company will perform a periodic and timely review to ensure that Company’s
Privacy Policy is compliant with Applicable Laws.
(ii) YOUR PERIODIC REVIEW. Company encourages You to periodically check Company’s Privacy Policy for the latest
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information on Company’s current policy.
(e) DISCLAIMER
IF YOU CHOOSE TO ACCESS THE PRODUCT, YOU DO SO AT YOUR OWN RISK, AND ARE RESPONSIBLE FOR
COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE AVAILABILITY OF THE
PRODUCT, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA AND/OR JURISDICTION WE CHOOSE, AT
ANY TIME AND IN COMPANY’S SOLE DISCRETION. COMPANY’S PRIVACY POLICY DOES NOT COVER THE
INFORMATION PRACTICES OF OTHER COMPANIES AND ORGANIZATIONS WHO ADVERTISE COMPANY’S SERVICES,
AND WHO MAY USE COOKIES (DEFINED BELOW) AND OTHER TECHNOLOGIES TO SERVE AND OFFER RELEVANT
ADVERTISEMENTS. SEE COMPLETE [LIMITATION OF LIABILITY PROVISION AND DISCLAIMER (NTD: INSERT
HYPERLINK)], AND [PROHIBITED USE REQUIREMENTS CONTAINED IN THE PRODUCT LICENSE (NTD: INSERT
HYPERLINK)].
(f) MISCELLANEOUS
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of
competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only
that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy.
The insertions of headings are for convenient reference only and are not to affect the interpretation of this Privacy
Policy.
(g) CONTACT INFORMATION
If You have questions or concerns regarding Company’s policy or practices, please contact Company’s privacy
officer by email at
shellie@shelliebextermueller.com
or at the following address:
P.O. Box 58 Gordonville, MO
(h) EFFECTIVE DATE.
This Privacy Policy is effective as of the Effective Data as defined in the License Agreements.
NAVIGATION
1. Introduction
2. Consent to entrance into this agreement as well as the Data Collection that result
2. Data Collection
3. Data Management
4. Data Usage
5. List of Third Party Processors
2. COLLECTION OF USER INFORMATION INCLUDING PERSONAL INFORMATION
(a) DISCLOSURE OF COLLECTION
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Within this section of the Privacy Policy, Company will provide You with notice that Your information is being
collected when You first sign in to the Product. In the section of this Privacy Policy entitled “3. Data Management”,
Company will be describing the manner in the section of this Privacy Policy entitled “4. Data Usage”, You will also be
notified about the nature for which the data will be used, how Company processes the data, and how Company
works with third party service providers who will assist Company to process the data.
(b) COLLECTION OF PERSONAL INFORMATION
When You use the Product, Company stores certain information about Your device and Your activities that You
provide to Company and that Company automatically collects, including:
(i) REGISTRATION INFORMATION: Your user registration information which includes the following personal
information (“Personal Information”): first and last name, email address and photograph if You supply one to
Company as Your personal avatar;
(ii) TECHNICAL INFORMATION: technical information about Your device such as the type of device, OS version,
location, other browser information (e.g., size, connection speed and connection type;
(iii) USER PREFERENCES COLLECTED AUTOMATICALLY: Your User Preferences which Company will collect and
determine automatically through Cookies and traffic data as described below;
(iv) USER PREFERENCES SUPPLIED BY YOU: Your user experience preferences and settings (time zone, language,
etc.), as well as content and usage preferences (collectively, the “User Preferences”); and
(v) CONTENT SUPPLIED BY YOU: Company collects content that You upload, post, and/or share to Company’s
Product which includes Company’s Social Media Services.
(c) METHODS OF COLLECTION
We may collect electronic information from You from the following sources:
(i) COLLECTION OF INFORMATION AT REGISTRATION. Registration is required if You want to use the Product. You
may need to register twice, once to the Digital Distributor and a second time after You have downloaded the Product
from the Digital Distributor, using Your electronic device. As part of this registration, Company will require that You
submit certain information that is relevant to the purposes of the Product.
(ii) COLLECTION THROUGH SOCIAL MEDIA: If You are logged into social media websites or applications (such as
Facebook, Instagram, Twitter, among others, and individually and collectively, “Social Media Services”) on pages
and/or locations that are related to Company’s Product, Company may receive information from such Social Media,
in which case Company may collect and store information identifying Your account with the Social Media Services;
(iii) COLLECTED THROUGH Company’s COMMUNICATIONS WITH YOU: via email or through the Product, through
messages or transaction information relating to Your use of the Product, through other End-User-generated content
provided to Company in the normal course of Your use of the Product, including but not limited to communications
related to registration, evaluations, internal surveys, feedback information, usage information, correspondence with
Company through technical support tools and/or email, by and Traffic Data (as described within this Privacy Policy);
(iv) COLLECTED AUTOMATICALLY THROUGH ANALYTICS TOOLS: Company may collect and store information
(including Personal Information) locally on Your device using mechanisms such as Product data caches,
“Cookies” (cookies, pixel tags or other similar technologies which are small data files that are stored on an End-
User’s device for record-keeping purposes that track where You travel on the Product and what You look at, on single
sessions or cumulated over time. Although Cookies are used by most major Products and are accepted by default
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by most Products, it may be possible to disable Cookies via Your settings), and through “traffic data” which collects
the, route and destination of users and information on and through Company’s Product, as well as cookies that are
stored temporarily on Your device.
(d) PROCESSING OF COLLECTED INFORMATION
In the section of this Privacy Policy entitled [“4. Data Usage” (NTD: INSERT HYPERLINK)], You will also be notified
about the nature for which the data will be used, how Company processes the data, and how Company works with
third party service providers who will assist Company to process the data.
NAVIGATION
1. Introduction
2. Consent to entrance into this agreement as well as the Data Collection that result
2. Data Collection
3. Data Management
4. Data Usage
5. List of Third Party Processors
3. DATA MANAGEMENT
(a) VALIDATION AND CHANGES TO OF Company’s END USER-INFORMATION
(i) VALIDATION: Company will validate the Personal Information to the best of its ability. Company will validate
Personal Information wherever possible and any discrepancies discovered shall be corrected.
(ii) CLIENTS COLLECTING INFORMATION ON BEHALF OF THEIR END-USERS. If Company is collecting the data on
behalf of Company’s client, Company will work with the Client to ensure that processes will be put in place to ensure
that end users are given the chance to review and correct any data issues.
(iii) REVIEW OF INFORMATION AND INDIVIDUAL ACCESS. The Company relies on You to ensure that the Personal
Information You enter into Company’s system is as accurate, complete and up-to-date as necessary for the
purposes for which it is to be used. Until the Personal Information Removal Date (as defined below), You may review
or update Your Personal Information by submitting a request to review or update Your Personal Information to
shellie@shelliebextermueller.com
indicating that You are requesting such review or update, subject to the identity verification process set out below,
and with the understanding that the Company may make changes to Your Personal Information to meet the
technological requirements of Company’s networks and media. Unless required to comply by law, Company may
reject access or modification requests that are unreasonably repetitive, require disproportionate technical effort, risk
the privacy of others, or would be extremely impractical. Where Company can provide information access and
correction, and when required by law, Company will do so for free.
(iv) REMOVAL OF YOUR PERSONAL INFORMATION BY US OR BY YOU: At any time and up to the
30
days after Your License Agreements with Company have been terminated or the maximum time period allowed by
Applicable Law as described below, whichever is longer (this is the “Personal Information Removal Date”) the End
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User may request a copy of all of the End-User’s User Data from the Product. After the Personal Information Removal
Date, or upon Your specific request to
shellie@shelliebextermueller.com
to delete the Personal Information, such Personal Information shall be deleted by Company within a reasonable
period, unless:
(a) INFORMATION MAY BE RETAINED UNTIL A SYSTEM-WIDE BACKUP IS PURGED: such data may continue to
temporarily persist in Company’s system-wide business recovery back-ups (if any) until such time as the systemwide
business recovery backup is deleted and replaced with data that does not include data collected during Your
agreement term; however, You have no expectation of data retention whatsoever and acknowledge that backing up
of Your own data is Your responsibility; or
(b) INFORMATION MAY BE RETAINED IF REQUIRED TO COMPLY WITH LAW: such data may continue to temporarily
persist to the extent that such information is required to be retained for compliance with Applicable Law (for
example, to prevent, investigate, or identify possible wrongdoing in connection with the Product or to comply with
legal obligations) and until such time as such information is no longer required for this purpose, however, You
acknowledge that recovery of data is not permitted by You from within this system under these circumstances
unless Company is required and compelled to do so by law, and in such event, at Your sole expense.
(v) CHANGE REQUESTS MAY REQUIRE IDENTITY VERIFICATION ON YOUR PART: When updating Your Personal
Information, Company may ask You to verify Your identity before Company can act on Your request.
(vi) TRACKING YOUR PREFERENCES. Company will capture and manage all End-User privacy preferences. There
preferences will be tracked in the database and attached to Your End-User records. If the preferences are changes,
the modifications will be incremental, and added to an audit log. Tracking of Your consent to the collection, storage
and use of Your Personal Information will be also be recorded for the purposes of an audit log for consent.
(b) STORAGE AND RETENTION
(i) DATA RETENTION:
a. OF NON-PERSONAL INFORMATION: Data that is non-Personal Information may be kept by Company for an
indefinite period however, this does not constitute a guarantee that Company will keep the data indefinitely. This
data will primarily be used in aggregate and anonymized format to drive business intelligence and analytics.
b. OF PERSONAL INFORMATION: Personal Information data will be kept until the Personal Data Removal Date (as
defined above), with such deletion to be initiated by Company or by the User, in the manner described above in the
section entitled “Removal of Personal Information By Company or by You.”
c. DATA RECOVERY BY YOU: Other than information that Company is required to retain and provide to You by law,
[You should have no expectation of data retention whatsoever. From time to time the Company will create a backup
of all data in the Company’s system. This backup is for use by the Company only in the case of disaster recovery or
to maintain business operations in the case of an emergency. No data will be backed up (except for such disaster
recovery purposes and Company’s internally usage). Backing up of Your own data is Your responsibility.] // OR [The
Company runs a periodic backup of End User’s User Data and may store the End-User’s User Data as long as the
End-User’s account is current and active until expiry of the Data Retention Period.]. DATA RESTORES: The
Company will not restore data unless it is available and then only if the Company determines, in its sole discretion
that a data recovery is necessary.
d. PERIODIC AUDIT. Company will perform routine audits at its sole discretion or on a schedule as required by
Applicable Law to confirm deletion of the data has occurred in the manner described above in the section entitled
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“Removal of Personal Information By Company or By You.”
(c) SECURITY MEASURES: Company takes Your privacy very seriously. If You have a security related concern, please
contact Company at the contact details provided above. Company will work closely with You to ensure a quick and
personal response to Your concerns. In addition, Company restricts unauthorized access through protective policies,
procedures, and technical measures, including:
a. SAFEGUARDS PROVIDED BY YOU: To keep Your Personal Information secure, You are required to safeguard Your
End-User name and password information in accordance with the License Agreement.
b. SAFEGUARDS PROVIDED BY US: Company will provide physical and electronic safeguards with regard to the
storage of Personal Information as required by law, however, and pursuant to disclaimer provided in the License
Agreements, You understand that in order for the Company to operate the Product, End-User Data may be
transmitted by You to the Company over the internet, public networks or otherwise, and You acknowledge that that
no such data transmission can be guaranteed to be completely secure, and that, beyond Company’s requirements to
provide a warranty on information security [as required by law or in accordance with the security protocols agreed to
by the parties hereto in writing], Company cannot warrant the security of any information You transmit to us, and that
You do so at Your own risk.
c. ACTIONS IN THE EVENT OF DATA BREACH. A “Data Breach” is defined as any non-authorized access to the
storage locations of the data, or access to a storage location by an individual that is potentially suspected of having
performed non-authorized activities. In the case where a Data Breach has occurred, if the Company believes that the
breach creates a real risk of significant harm to the end-users, the End-User will be notified in the manner as required
by law, and all details regarding the impact to the End-User will be shared.
NAVIGATION
1. Introduction
2. Consent to entrance into this agreement as well as the Data Collection that result
2. Data Collection
3. Data Management
4. Data Usage
5. List of Third Party Processors
4. DATA USAGE SCHEDULE TO THE PRODUCT LICENSE AGREEMENT
(a) USE AND DISCLOSURE OF PERSONAL INFORMATION. Company will not use or disclose Personal Information
other than the purposes identified below (individually and collectively, the “Purpose”):
(i) TO COMMUNICATE WITH YOU AND TO PROVIDE CUSTOMER SERVICE: To Provide Customer Service and support,
administrative messages, updates, and security alerts, to resolve disputes, and to troubleshoot problems;
(ii) TO IMPROVE Company’s PRODUCT: To fulfill Your requests or Company’s product roadmap for certain features
of the Product, to customize, measure, and improve the Product including by analyzing trends, tracking user
movements on the Product, gathering demographic statistics about Company’s user base as a whole, and to assist
Company to measure Company’s performance and effectiveness of Company’s content, and to share Company’s
performance information with others;
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(iii) TO IMPROVE Company’s CONTENT: Company may post Your social media content, testimonials, and other
information provided by you;
(iv) TO FULFIL Company’s BUSINESS GOALS: to directly or indirectly offer or provide You with products and services
that are based on Company’s analysis of Your needs as determined by Company’s analytics and the analytics of
Company’s third-party processors, unless You opt out;
(v) TO ENABLE Company’s COLLABORATORS TO FULFIL THEIR Company’s BUSINESS GOALS: Where a third party to
this Privacy Policy directly or indirectly provides the Company with the ability to provide the Product to You,
Company may supply Personal Information to such Third Party in exchange for fulfilling Company’s Purpose and
providing corresponding value to the third party, and such third parties are listed in Section 5 of this Privacy Policy
entitled “List of Third Party Processors”;
(vi) IN THE EVENT OF AN ACQUISITION OF Company’s COMPANY. In the event that the Company, or all or a portion
of Company’s business, or one or more of its divisions, is acquired by one or more third parties as a result of an
acquisition, merger, sale, reorganization, consolidation, liquidation or another similar transaction, Your Personal
Information shall be one of the transferred assets. To the extent that Company is required to do so by law, You will
be notified of any changes in ownership or uses of Your Personal Information.
(vii) TO ENABLE Company’s PARENT COMPANY OR AFFILIATED COMPANY’S BUSINESS TO FULFIL THEIR
BUSINESS GOALS: Company may share information from or about You with subsidiaries, joint ventures, or other
companies under common control, in which case Company will require them to honor this Privacy Policy.
(viii) TO ENFORCE Company’s LICENSE AGREEMENTS AND TO COMPLY WITH LAW: (1) to enforce Company’s rights
against You or in connection with a breach by You of this Privacy Policy or the License Agreement; (2) to investigate
or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of us, Company’s
users, or others; (3) to prevent prohibited or illegal activities; (4) to prevent situations involving potential threats to
the physical safety of any person; or (5) when required by any applicable law, rule, regulation, subpoena, or other
legal process.
[(ix) TO PROCESS PAYMENTS: To use certain services on the Product, Company may require debit or credit card
account information (“Debit or Credit Card Information”). By submitting Your Debit or Credit Card Information
through the Product, You expressly consent to sharing of Your information with third-party payment processors and
other third-party service providers.]
(x) And to fulfill other purposes related to Company’s Product, subject to Your explicit consent if consent is required
by law.
(b) USE OF COOKIES AND USAGE DATA: Company may use session Cookies and usage data to fulfil the Purpose, by
tracking information about You as related to Your usage of the Product, and correlating to other personally
identifiable information collected while on the Product or connected to Company’s third party processors (as listed
in Section 5 to this Privacy Policy entitled List Of “Third Party Providers”). Company may also use Cookies that are
created by the Product to secure Your login session and to help ensure the security of Your account.
(c) USE OF THIRD PARTIES TO ASSIST US TO IMPROVE THE PRODUCT AND TO ACHIEVE Company’s BUSINESS
GOALS: To fulfil the Purpose, Company may share Personal Information or with Company’s affiliates, acquirers or
third-party collaborator or vendors (as listed in Section 5 to this Privacy Policy entitled List Of “Third Party
Providers”), subject to the following conditions:
(i) USE LIMITED TO SERVICE PROVIDED OR PURPOSE OF TRANSFER: Company’s service providers are restricted
from using Your Personal Information in any way other than for the service they are providing or as it relates to
Company’s Purpose fulfilled by such transfer; this includes the use of Cookies by Company’s third parties so long as
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the use on such Cookies is to collect the same type of information for the same purposes as the Purpose.
(ii) THIRD PARTIES MUST ADHERE TO Company’s STANDARDS: Company ensures that such third parties maintain
reasonable and appropriate safeguards that do not breach Company’s safeguards of security requirements set out
In Section 3 of this Privacy Policy entitled “Data Management”, or as otherwise required by law. If the use of Cookies
by any third party differs materially from the practices already listed, Company will revise this document accordingly
and notify existing users of the change(s).
(d) RIGHTS TO CONTENT PROVIDED BY THE END-USER
(i) FOR INFORMATION YOU PROVIDE. By posting content on the Application (the “User Data”), the End-User hereby
grants to the Company a worldwide, non-revocable, non-exclusive, perpetual, royalty-free, and sub-licensable right to
use, create derivative works of, modify, and to distribute (including without limitation, distribution online, through
multiple channels, and bundled with other applications or materials) such content, and further, the agrees to waive
any moral rights to such User Data, and agrees that the Company may modify or adapt the User Data in order to
transmit, display or distribute it over other applications and in various media. The End-User agrees that the End-User
will defend, indemnify and hold harmless the Company from and against any Claims (as defined in the Agreement)
arising from the nature of the content submitted and/or the ownership of End-User Data and any claims of
infringement of third party intellectual property related to such End-User Data.
(ii) FOR INFORMATION WE AUTOMATICALLY COLLECT. Company Collection and Analysis of Data. The Company
creates benefit to all of its End-Users by analyzing the Company Data for the purposes of Product improvements.
The End-User agrees that the Company shall have the right to collect and analyze data and other information relating
to the provision, use and performance of various aspects of the Company products and related systems and
technologies, and the Company will be free (during and after the Initial Term or subsequent Renewal Term) to (i) use
such information and data to improve and enhance the Company products generally, (ii) for other development,
diagnostic and corrective purposes in connection with the Products and Services, and (ii) disclose such data solely
in aggregate, anonymous, and non-identifiable form that is in no way connected End-User or its business.

Terms of Use

Shellie Bextermueller LLC
Terms of Use
Last modified:
9/9/2019
Effective date:
9/9/2019
1. BACKGROUND
These terms of use (the “Terms” or “Terms of Use”) govern your access of the software, whether accessed: (a) on a
computer connected to the internet at
http://www.shelliebextermueller.com
(the “Website”); (b) on
Shellie Bextermueller LLC
social media properties; or (c) by mobile device (individually and collectively, (a), (b), and (c) are the “Product”), as
owned and operated by
Shellie Bextermueller LLC
(“Trainer”), a
Cape Girardeau County
LLC having its registered address at
P.O. Box 58 Gordonville, MO
(referred to in these Terms as “we”, “us” or the “Trainer/Company”). These Terms govern the use of all persons using
the Product, including without limitation, the account manager or organization who registers an account on the
Product (the “Account Manager”), all additional managers, teachers and parents (collectively, along with the Account
Manager, “You” or the “User”), who have registered for the use of the Product, and are binding on any use of the
Product, and apply to You from the time that You access the Product. For clarification, “You” includes terms such as
“your” and “yourself”.

2. APPROVAL OF THE TERMS
It is important that You read these Terms carefully. If You do not agree to these Terms, please do not use the
Product or browse the Website. By accessing or using the Product, You represent, warrant and signify that: (a) You
are at least 18 years of age; (b) You have read, understood and agree to be bound by these Terms as they may be
amended from time to time; and (c) You have read and understand our Privacy Policy, which can be accessed at
http://www.shelliebextermueller.com
(the “Privacy Policy”), the terms of which are incorporated herein by reference, and agree to abide by the Privacy
Policy.
You may not use the Product nor accept these Terms if you are not of a legal age to form a binding contract with us.
If You accept these Terms, You represent that You have the capacity to be bound by them, or if You are acting on
behalf of a company or entity, that You have the authority to bind such company or entity (and in which case “You”
will refer to the company or entity).

3. AMENDMENT
We may add to, discontinue or revise these Terms or any aspect, mode, design, or service provided under the
Product, which include but are not limited to the:
a. scope of the features;
b. timing of the features;
c. software/hardware required for access to the Product; and
d. geographic locations or jurisdictions in which certain features may be available.
We may amend the Terms without notice for non-material amendments. In the event of a material change, we will
provide the Account Manager with thirty (30) days’ notice of a material change in the Terms and conditions
(including changes in pricing) via e-mail to the e-mail address supplied to us by the Account Manager, setting out:
e. the new or amended agreement terms;
f. how such terms read formerly;
g. the date of the coming into force of the amendment;
h. the means in which You can respond and the effects of not responding;
i. the option to either terminate the agreement or retain the existing agreement unchanged; and
j. the language of this provision with reference to the applicable consumer protection legislation rules for amending
these terms and making any additional requirements for amendments as prescribed by law (if any).
It is the Account Manager’s responsibility to send such notices of material changes to all Users associated with the
Account Manager’s account. We highly recommend that Users read any amendments carefully. Unless explicit
consent is required by the law, we have the right to assume that You have accepted the change to the terms and
conditions, unless You notify us to the contrary, no later than thirty (30) days after the amendment comes into force,
that You desire to cancel the contract or deregister or unsubscribe from access to the Product.
We will post the most current Terms on the Website and your use of the Product will be subject to the most current
Terms as posted on the Website at such time. It is your responsibility to visit this page to find any updates that may
have been made to the Terms. You hereby agree that
Shellie Bextermueller LLC
shall not be liable to You, your employee, or any other third party for any amendments to the Terms of Use.

4. PAYMENT TERMS
Payment from Account Managers will be due upon delivery of an electronic invoice from
Shellie Bextermueller LLC
to the Account Manager
30 days
, as applicable. Any amounts payable by the Account Manager hereunder which remain unpaid
10 days
days after an invoice is delivered shall bear interest at the rate of
0
per month (up to a maximum of
0
per annum), or the maximum amount allowable by law, such interest to be calculated on a daily basis from the date
the payment becomes overdue until the date payment is made in full.
Account Managers may be required to provide account information for at least one valid debit or credit card through
the Product (“Debit or Credit Card Information”). We will use this Debit or Credit Card Information in accordance with
this Agreement and our Privacy Policy.
We are not liable for any payments that are not completed because: (1) your debit or credit card account does not
contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft
protection of the debit or credit card account; (2) You have not provided us with correct payment account
information; (3) your debit or credit card has expired; or (4) of circumstances beyond our control (such as but not
limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your
payment card brand or acquirer bank, or any other interface from an outside force).
All payment is exclusive of any taxes or duties imposed by jurisdiction tax law. Trainer will not be responsible for any
taxes or duties owed by You.

5. TERMINATION
These Terms are effective on the date that You access the Product and will continue to apply until our relationship
with You is terminated. Users may terminate their relationship with us by notifying Trainer via email at
shellie@shelliebextermueller.com
The services provided by the Product and the applicable fees shall continue until the end of the Account Manager’s
current subscription term after the Account Manager has notified us of your desire to unsubscribe from the Product,
to close your account, and to cease your use of the Product. Account Managers that use the Product during a trial
period and do not register for the Product after the free trial period will have their account terminated at the end of
the free trial period.
We may terminate our relationship with You immediately at any time and for any reason including, but not limited to,
a breach of these Terms under the following circumstances:
a. if You have not adhered to any or all the provisions of the Terms (such as a failure to pay fees when due) or if it
appears that You do not intend to or are unable to comply with the Terms, such determination to be made solely at
our discretion;
b. if we have changed our Terms or Privacy Policy and have not received your required consent, subject to the
amendment provision in this Agreement;
c. if we are required to terminate the relationship by law;
d. if we receive any notice of your misuse of the Product; or
e. if provision of the Product is no longer commercially viable for us.
Upon termination of our relationship, we will immediately revoke your license to use the Product and block all access
to your account, and may delete all data and information associated with your account
10 days after such termination. Upon termination of this relationship, You will remain liable for any accrued charges and
amounts which become due for payment prior to or following termination. If you do not log into your account for
12 or more months, we may treat your account as “inactive” and permanently cancel your account upon delivery of
written notice and delete your information
10 days after such notice has been delivered.

6. USE OF THE PRODUCT
In order to use the Product, an Account Manager must register using our registration page located at
http://www.shelliebextermueller.com
. You understand and agree that an employer of your organization may register You for a manager account. Upon
registration, the Account Manager may setup additional accounts on the registered account for others.
Registration Information: You agree and understand that You are responsible for maintaining the confidentiality of
your password, which, together with your name and e-mail address (“User ID”), allows You to access the Product.
The User ID and password, together with any other contact information You provide us at the time of signing up for
the Product form your “Registration Information.” You agree that all Registration Information provided to us will be
accurate and up-to-date. You agree to keep your password secure. We will not be liable if we are unable to retrieve or
reset a lost password. If You become aware of any unauthorized use of your password or account, You agree to
notify us via e-mail at
shellie@shelliebextermueller.com
as soon as possible.
Accounts: You may create or use additional accounts for the purpose of logging into the secured account as a
manager, teacher and/or parent, as applicable to your role in the managed account. You may not open an account if
you are a competitor of Trainer.
Permitted Uses: You agree to use the Product only for purposes that are permitted, both by the Terms and by any
applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international
jurisdictions. You agree to adhere to any applicable privacy of personal information laws and regulations, including
as outlined in the Personal Information Protection and Electronic Documents Act, SC 2000, c 5.
Unauthorized Access: You agree to only access (or try to access) and use the Product through interfaces provided
by us. You shall not access (or try to access) and use the Product through any automated means, including, but not
limited to, scrapers, scripts, robots, or web crawlers. You agree not to use or attempt to use another User’s account.
You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal
information, or your affiliations with any person or entity.
Prohibited Uses: You may use our Website, services, and products only for lawful purposes. You may not use our
Website, services, or products in any manner that:
a. breaches any applicable local, national or international law or regulation;
b. may in any way be considered harassment to another person or entity;
c. may in any way, is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
d. may in any way damage, disable, overburden, and/or impair the the Product server, or any network connected to
the Product server, and/or interfere with any other party’s use or enjoyment of the Product;
e. is in any way abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature or written in
bad faith;
f. harms or attempts to harm minors in any way;
g. will reproduce, duplicate, copy, sell, resell or exploit any portion of the Product; or
h. will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any
Product customers, employees, members, or officers;
and any of the foregoing will result in immediate account termination.
You represent and warrant that You will not use the Product to upload, post, link to, email, 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 any computer software or hardware or any telecommunications
equipment. Nor will You post or distribute any computer program that damages, detrimentally interferes with,
surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and
warrant that You will not disrupt the functioning of the Website, in any manner.
Moderation: You understand and agree that although Trainer is not required to moderate your use of the Product, it
may in its sole judgment review and delete any content in whole or in part, for any reason whatsoever, which without
limitation, violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten
the safety of others.
User Responsibility: You agree that You are solely responsible for any breach of your obligations under the Terms
and for the consequences of any such breach. We have no responsibility to you or to any third party for such
breaches or the consequences of such breaches (including losses or damage that we may incur).
You understand that when using the Product, You may come across material that You find objectionable, offensive
or indecent and agree that You are using the Product at your own risk.
Technical Requirements: Use of the Product requires internet access through your computer. You may be required to
have [INSERT TECHNICAL REQUIREMENTS] enabled to use the Product, and some features of the Product may not
be accessible with such technologies disabled.
Linking:
If you would like to link to the Product, we request that you:
Inform us that you are creating a link by sending a message to
shellie@shelliebextermueller.com
. Please indicate the URL of the page where the link will be placed.
Link to the Product home page instead of specific pages within the Product.
While Trainer encourages links to the Product, it does not wish to be linked to or from any third-party website which
contains, posts or transmits any unlawful information of any kind, including, without limitation, any content i) that
constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise
violate any local, state, provincial, national or international law or regulation; ii) that may be damaging or detrimental
to the activities, operations, credibility or integrity of the Trainer; or iii) that contains, posts or transmits any
information, software or other material which violates or infringes upon the rights of others, including material which
is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.
The Trainer reserves the right to prohibit or refuse to accept any link to the Product, including, without limitation, any
link which contains or makes available any content or information of the foregoing nature, at any time. You agree to
remove any link you may have to the Product upon the request of the Trainer.
The framing, mirroring of the Product or any of its content in any form and by any method is strictly prohibited and
deep linking is discouraged. You may not cause any advertisement including any pop-up or banner advertisement to
appear at, or on, or after exiting, the Product.

7. PRIVACY
Your privacy is very important to us. Please review our Privacy Policy. Our Privacy Policy applies to the collection,
use, disclosure, retention, protection and accuracy of your personal information and business financial information
collected for the purposes of the features offered through the Product.

8. THIRD PARTY LINKS
The Product may link to third-party websites or resources. Such links are provided as a convenience to You only and
do not imply an endorsement, warranty or guarantee by us of any such linked Website or the company it purports to
represent. We do not assume any responsibility or liability for their availability, accuracy, the related content,
products or services. You are solely responsible for use of any such websites or resources and compliance with their
policies. Should You elect to enter into a binding contract with any such website, You agree to hold us harmless and
hereby release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability,
claim, injury, loss or damage suffered as a result of your actions or the actions of any user associated with your
account, offering to accept or having accepted any products or services that are available from those sites.

9. INTELLECTUAL PROPERTY AND RIGHTS
Rights to content provided by us: You acknowledge and understand that we own all right, title and interest in: (a) the
Product and any associated data files; and (b) all computer software; advertisements; sponsored content; and
intellectual property associated with the Product (all such information, individually and collectively, being the
“Product Content”), which You may have access to when using the Product.
Except as set forth in the Agreement, all rights not expressly granted to You are reserved. You agree not to decipher,
decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the intellectual property or ideas,
algorithms, file formats, programming, or interoperability interfaces underlying the Product. You may not modify,
rent, lease, loan, sell, distribute or create any derivative products or services (or parts of services products or
services) based on the Product Content that You do not own or to which You have rights, or to create derivative
works based on the Product. You may not infringe upon our intellectual property or adapt, reproduce, publish or
distribute copies of any information or material found on the Product in any form (including by e-mail or other
electronic means), without our prior written consent.
You are not required to provide Trainer with any comments, suggestions, recommendations, requests or any other
feedback (“Feedback”). In the event that you do provide Trainer with Feedback, Trainer may use such feedback to
improve the Product or for any other purpose. Furthermore, Trainer shall own such Feedback and Trainer and its
affiliates, licensees, clients, partners, third-party providers and other authorized entitled may use, license, distribute,
reproduce and commercialize the Feedback, and You hereby assign, irrevocably, exclusively and on a royalty-free
basis, all such Feedback to Trainer.
Limited license: We grant You a non-exclusive, non-transferable, revocable, limited license to use the Product in
accordance with these Terms. This limited license is subject to full payment of the monthly fees per child, when due.
This license may be revoked upon breach of these Terms by You and shall automatically be revoked upon
termination or expiration of this Agreement.
The Company may, now or in the future, own rights to trade-marks, trade names, services marks, logos, domain
names and other distinctive brand features which we use in connection with the operation of the Product (each such
feature being a “Brand Right” and collectively being the “Brand Rights”). We do not grant you any right or license to
use any Brand Right other than as expressly set out in these Terms and in other licenses between You and us.
Rights to content provided by you: Trainer does not retain any right, title and interest to the information provided,
inputted or uploaded to the Product (“User Data”). You understand and agree that the ownership of User Data shall
be decided amongst yourself and your employer, if applicable, and that your User Data may be available to your
employer even after the termination of your account with the Product. You agree that You will defend, indemnify and
hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against
any and all claims, damages, judgments, liability, costs and expenses (including without limitation any reasonable
legal fees), in whole or in part arising out of or attributable to the ownership of User Data.
You also understand that in order for us to operate the Product, User Data may be transmitted by You or us over
various public networks and in various media in compliance with our security protocols and we may make changes
to User Data to meet the technological requirements of such networks and media. You are responsible for ensuring
that User Data is protected and your rights in User Data are enforced; we have no responsibility to protect or enforce
your rights on your behalf with respect to User Data.
At any time and up to 10 days after your termination with Trainer, You may request a copy of all of your User Data from the Product (“Data Dump”). You understand and agree that after the expiration of 10 days after your termination with Trainer, your User Data will be permanently deleted and You will no longer have
access to such Data Dump.

10. DISCLAIMERS
The Product provided as-is: The Product is provided “as-is” without warranties of any kind, either expressed or
implied. You acknowledge, agree and understand that You use the Product at your own risk. We will have no
responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your
access to or use of the Product.
Downtime: The Product may be temporarily unavailable from time to time for maintenance or other reasons. We
assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any
communications between You and the Product.
No endorsement as to accuracy: We accept no responsibility for the accuracy of any User Data provided by or
created using the Product except as otherwise set out in these Terms. The provision or storage of User Data through
the Product does not constitute our endorsement or warranty as to the compliance of such User Data with
applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such User

Data. You are responsible for ensuring that that the information you have entered into our system is accurate,
reliable and complete.
Ratings and reviews: We accept no responsibility or liability for any ratings or reviews of an employee posted to the
Product, or any consequences as a result of the ratings or reviews of an employee, including but not limited to
termination of an employee. Ratings and reviews posted to the Product DO NOT reflect our views.
Monitoring: We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the
Website or use of the Website by users.
No warranty as to non-infringement: Except in the manner provided for in these Terms, we disclaim, and expressly do
not provide any direct or indirect, express or implied representation or warranty as to title and non-infringement of
intellectual property in relation to the Product.
Damage to hardware: Any material downloaded or otherwise obtained through the use of our services and products
is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system
or other device or loss of data that results from the download of any such material.
Content provided to companies: If You are an individual providing User Data that is to be directed to your
organization’s account, You agree and acknowledge that we accept no responsibility and are not liable for any
damages that may arise by the organization’s use of that User Data. You further agree and acknowledge that we are
not liable for any damages that may arise if the User Data is misdirected to the wrong organization due to any
reason, including error on your part or a flaw in the Product.

11. DATA RETENTION
The Product may store your data as long as your account is current and active and for 10 days
 after our relationship with You has been terminated.
On a regular basis we create a backup of all data in our system, which is retained for
30 days, after which it will be removed permanently from all our systems. This backup is for use by Trainer only in the
case of disaster recovery or to maintain business operations in the case of an emergency. Trainer will not restore
data unless it determines, in its sole discretion that a data recovery is necessary.

12. REFUND POLICY
3 days after purchase

13. LIMITATION OF LIABILITY
You hereby agree to release, remise and forever discharge us and our directors, employees, officers, and our
affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors,
officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims,
complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and
disbursements of any nature whatsoever, and for any special, indirect or consequential, incidental or exemplary
damages (collectively, a “Claim”), whether in contract or tort, whether known or unknown, which now or hereafter
arise from, to the maximum extent allowed by law, that relate to, or are connected with:

a. any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for
loss of profits, goodwill, use data, or other intangible losses;
b. your provision of any personal information provided to us subject to our legal requirements relating to the
protection of personal information;
c. communications received to you through your access to the Product;
d. the posting of information on the Product, Website, blog, account or any affiliated social media, including but not
limited to, User data, Cards, written reviews, pictures, or personal information;
e. the use of the Product and any related applications including third party services;
f. the use of any software related to the Product;
g. viruses, spyware, service provider failures or internet access interruptions;
h. loss of use, loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime,
identity theft, fraud or unauthorized access; or
i. any content relating to the use of the Product,
even if you have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and
notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.
In the event that we become liable for any damages whatsoever, you agree that such damages shall be limited in the
aggregate to the amount of fees or charges which You have paid for the Product in the previous invoice.

14. INDEMNIFICATION
To the extent permitted by applicable laws, You agree that You will defend, indemnify and hold harmless us and our
officers, directors, shareholders, employees, agents and representatives including J. Goodman Consulting Inc., from
and against any and all damages, judgments, liability, costs and expenses (including without limitation any
reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally, your breach of these Terms;
your access to and/or use of the Product; and any loss of, or damage to, any property, or injury to, or death of, any
person (including you) caused by your access to and/or use of the Product; and (b) specifically, your breach of the
intellectual property rights of any third party to these Terms.
You agree that You will be solely responsible for all activities that occur under your account, whether You are aware
of them or not. You agree to hold us harmless and release us from any loss or liability whatsoever that You may
incur as a result of someone other than You using your password or account, either with or without your knowledge.
You agree to indemnify us for any damages, third party claims or liabilities whatsoever that we may incur as a result
of activities that occur on or through your account, whether or not You were directly or personally responsible.
15. GOVERNING LAW AND FORUM OF DISPUTES
By visiting the Website or using the Product, You agree that the laws of the province of
MO without regard to the principles of conflict of laws, will govern these Terms and any dispute of any sort that may
arise between You and us. With respect to any disputes or claims, You agree not to commence or prosecute any
action in connection therewith other than in the province of
MO and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with
respect to venue and jurisdiction in the provincial courts of jurisdiction. You agree to pay reasonable attorneys’ fees
and court costs incurred by us to collect any unpaid amounts owed by You.
Expenses: Each party shall be responsible for its own legal fees and other expenses incurred in connection with the
performance of any of its obligations hereunder.

16. FORCE MAJEURE
You agree that we are not liable for a delay or failure in performance of the Product or the provisions of these Terms
caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited
to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service
interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes,
and governmental actions.
17. SEVERABILITY
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent
jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of
these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
18. HEADINGS
The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.
19. ASSIGNMENT OF AGREEMENT
You may not, without our prior written consent, assign the Agreement, in whole or in part, either voluntarily or by
operation of law, and any attempt to do so will be a material default of the Agreement and will be void. We may
assign this Agreement to a third party at any time in our sole discretion. The Agreement will be binding upon and will
inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives,
heirs and assigns.

20. WAIVER
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms or which
we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that
those rights or remedies will still be available to us. Waivers must be in written form and signed by an authorized
representative of the Company.

21. SURVIVAL OF AGREEMENT
All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of
these Terms and the termination of our relationship.

22. ENTIRE AGREEMENT
The Agreement will constitute the entire agreement between us and You with respect to the subject matter hereof
and all prior oral or written agreements, representations or statements with respect to such subject matter are
superseded hereby. In the event of a conflict between these Terms and the Privacy Policy, the terms and conditions
found herein shall prevail.

23. CONTACT
By providing us with your e-mail address, You agree to receive all required notices electronically, to that e-mail
address or by mobile notifications via the Product. It is your responsibility to update or change that address, as
appropriate.
If You have any questions or comments regarding these Terms please contact our head office by email at
shellie@shelliebextermueller.com
.