DIGITAL PRODUCTS - TERMS OF SERVICE
All sales are final for this all Digital Products purchased from www.itsnicolenixon.com. By clicking the purchase button, entering your payment information, or otherwise completing the Product check-out, you ("Customer") are executing a legally binding agreement. Through rendering initial payment, Customer understands that they will be charged the full amount of either the payment plan or pay-in-full price, whatever Customer selects upon checkout. Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety:
This Term of this Agreement shall be three years from the date of initial purchase, with the exception of Sections 8, 9, and 10 which shall survive the Term of this Agreement.
For the purposes of this Agreement, the Company is not an employee, social media manager, consultant, personal brand advisor, one-on-one coach, designer, or other agent of Customer’s business.
Client understands that these Products have been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of brand strategy, design and social media strategy. Through the Products, the Company might provide guidance regarding business decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself. By using Company’s services and purchasing a Product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Programs or Products. Client agrees that use of Programs or Products is at user’s own risk.
Products do not include: 1) individualized advice and feedback; 2) procuring business or potential clients for Customer; 3) performing any business management services for Customer, such as accounting, operations, research, design or development; 4) publicity, public relations and/or social media marketing services; 5) legal or financial advice; 6) introduction to Company’s professional network and business relationships.
Customer hereby acknowledges that Customer is solely responsible for the amount of income and/or type of results that Customer generates by implementing techniques and advice provided by Products. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Products will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any personal decision that Customer makes during or as a result of Customer’s use of the Products, and indemnifies Company from any liability regarding said decision.
3. CLIENT’S RESPONSIBILITIES
The Products have been developed for educational purposes only. The Company has established its proprietary Products in order to educate and inspire Customer to pursue his/her personal goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Products. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Products. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply purchasing and completing the Products.
Nevertheless, Customer acknowledges that they can optimize her potential results from the Product by adhering to the following:
Completion of all Product material, including assignments and worksheets
Thoughtful and meaningful participation in all sections
Utilization of the Product’s resources
Taking 100% responsibility for Customer’s results, 100% of the time.
4. PAYMENT & FEES
Client payment options to purchase the Products available are presented at checkout. Upon executing this Agreement, Customer agrees to pay the Company the full purchase amount for the Product, regardless of what payment option Customer selects at checkout.
A partial payment of one installment of the payment plan shall be treated as a commitment to pay the entire fee for the Program. By submitting a partial payment, Client understands that he/she is contractually bound to make all payments in the timeline outlined at checkout, which shall be billed to Customer automatically. Failure to make all payments due under the payment plan shall result in Customer’s breach of this contract and in Customer’s termination of access to the Product.
If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Products. The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
Late Fees – Company understands that, from time to time, there are issues with payment. All payments must be received by Company within ten (10) days of the due date for that installment. Any payments not received within 10 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within 15 days of their due date will result in Customer’s breach of this Agreement and may result in termination of Customer’s access to the Product.
5. REFUND POLICY
All sales are final for all digital products. Due to the inherent nature of educational programs and the electronic transmission of same, there are no refunds.
6. NON-DISCLOSURE & CONFIDENTIALITY
Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Coach is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
Any systems, sequences, processes or steps shared with Customer;
Any information disclosed in association with this Agreement;
Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.
Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.
7. INTELLECTUAL PROPERTY & LIMITED LICENSE
Intellectual Property - The Products and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Product is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
Copying any of Company’s Product content and/or material for Customer’s commercial use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
8. INDEMNIFICATION / LIMITATION OF LIABILITY
Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in the purchase of any Product including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of these Products.
11- Access to these Products may be through a third-party platform. Company is not liable for any limitation of access to the Product via third-party platforms.
Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
Governing Law - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of California.
Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
Execution – Customer agrees to accept the above Agreement in its entirety by purchasing a digital product or by selecting “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment when available.