Terms & Conditions

Effective Date: March 1, 2021
We reserve the right to refuse service to anyone for any reason at any time.

Please note that these Terms and Conditions are legally binding and it is your responsibility to read them carefully.

You are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

OUR FULL DETAILS ARE

Full name of legal entity: Nicole M Vahlkamp, INC

Email address: admin@nicolemichal.com

It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at admin@nicolemichal.com.

Permitted Use and Consent

All of our Products and Services are intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to any Products and Services by anyone under age 13 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Products and Services, you represent and warrant that you are at least 13 years old.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).

All content on the Website, including but not limited to images and related metadata, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Nicole M Vahlkamp, INC content constitutes a violation of such laws and these Terms of Use.

User access

Certain content and/or features of the Website may be accessible to only some/registered users.

You may access and use the Website. We remain the sole owner of all rights, titles, and interest in the Website and its Content and reserve all rights not expressly granted under these Terms of Use.

We provide the Website on an “as is” and “as available” basis.

Intellectual Property Rights & Restriction of Use

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

If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

When you purchase or access our Website or any of its Content, you agree that:

• • You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.

• • You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.

• • You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you.  By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.

• • You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. 

We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any way that earns you money. 

The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission. All rights not expressly granted in these terms or any express written license, are reserved by us.

Third-Party Links

Certain content, products and services available via our Website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Media Release

By purchasing our Programs and/or Services, including participation in our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Product or Services in our current or future Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

Modifications to the Services and Prices

Prices for our services, products or programs are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Security

We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe and Paypal. By utilizing these payment processors to gain access to the Products and Services, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

Member Account

To access some areas and features of our Website, (collectively, together with the Website, the “Services”) you must create an account.

When creating your account, you must provide truthful, accurate and complete information.
You will be asked to choose a password. You are responsible for confidentiality of your account. You agree not to use the account or password of any other account-holder at any time or to disclose your password to any third party.
You are solely responsible for the activity that occurs on your account.
If you discover any breach of security or unauthorized use of your account, you must notify us immediately. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Nicole M Vahlkamp, INC or others related to such unauthorized use.

Online Commerce

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

No refunds or disputes are allowed for purchases you’ve made through our online commerce store, for courses or other services.

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

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

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

Confidentiality

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

 

 

DISCLAIMERS

 

By entering and viewing this website or anything made available on or through this website, including but not limited to blog posts, quiz, services, e-books, videos, newsletters, emails, social media, programs, products, webinars, and/or other communication (collectively referred to as “Website”, you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use my Website or anything you have purchased or experienced through the Website.

 

For Educational and Informational Purposes Only

Our Website and its Content are for informational and educational purposes only and are made available to you solely as self-help tools for your own use.

 

Limitation of Liability
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.

 

No Legal or Financial Advice

This Website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation.

 

Earnings Disclaimer

We make no income/financial claims nor guarantee of any kind regarding the potential income that can be generated through our communications or your participation in the purchase of any of our products, services or participation in any future programs. Past results are not an indication or promise of your results. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or its Content. You are solely responsible for your results.

Errors and Omissions

Although every effort is made to ensure the accuracy of information shared on or through my Website, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through my Website or those of any other individual or company affiliated with me in any way. Even if every effort has been made to present you with the most accurate, up-to-date information, because the business practices and technology is constantly evolving, we cannot be held responsible for the accuracy, errors or omissions related to my Website.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS OR PROGRAMS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE.

Personal Responsibility

You are acknowledging that you are participating voluntarily in using our Website, and you alone are solely and personally responsible for your choices, actions and results, now and in the future. You agree to use your own due diligence and judgment before implementing any recommendation, advice, suggestion, or idea from my Website. You acknowledge that you take full responsibility for your health, life and well-being and for all decisions now and in the future.

 

No Guarantees

My role is to support and assist you in reaching your goals and visions, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not predict or guarantee that you will attain a particular result or income increase, and you accept and understand that results differ for each individual.

Each individual’s results or success depends on his or her background, dedication, desire, motivation, and a whole number of additional factors. Any earnings or income statements or examples shown through our Website are only estimates of what might be possible for you. There can be no assurance as to any particular financial outcome based on the use of this Website. You fully agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.

 

Assumptions of Risk

As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of my Website that cannot be foreseen that can influence or reduce results.

We are not responsible for your personal choices or actions before, during or after use of my Website.

You understand that any mention of any suggestion or recommendation on or through my Website is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result.

You accept full responsibility for the consequences of your use, or non-use, of any information provided by me through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve me of any liability or loss that you, your business, or your family or children (if applicable) or any other person, may incur from your or their use, or non-use, of the information provided.

Indemnification and Release of Claims

You hereby fully and completely hold harmless, indemnify and release me and any of my employees, consultants, interns, staff, agents, business managers, team members, owners, directors, shareholders, affiliates, joint venture partners, or anyone else affiliated with my business, from any and all liability, damages, claims; including but not limited to those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, physical or mental disease or condition or issue, or any type of loss or damage or otherwise, even if we are expressly advised in advance of the possibility of such damages or difficulties.

You agree that you fully and completely hold harmless, indemnify and release me from any and all causes of action, allegations, suits, sums of money, claims, demands whatsoever, in law or equity that may arise in the past, present or future that may arise in the past, present or future that is in any way related to my Website.

No Endorsement

Reference or links in my Website to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute my formal endorsement. We are merely sharing information for your own self-help only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in my Website. Conversely, should my Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website in any way.

 

Affiliates

From time to time, we may promote or partner as an affiliate with other individuals or businesses whose programs, products and services align with mine.

In the spirit of transparency, we want you to be aware that there may be instances when we promote or market programs, products or services for my partners and in exchange we may receive financial compensation in the form of affiliate fees and/or other rewards.

Please note that we are highly selective as to the partners whose programs, products and/or services we promote and we only promote or share the programs, products and services we either personally use or respect. At the same time, any such promotion or marketing does not serve as any form of endorsement.

You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as we waive all liability as related to any of my affiliates, including any of their programs, products or services.