Terms and Conditions
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Use and Consent
Please read these Terms and Conditions carefully and in their entirety before using nicolecherioden.com (hereinafter “we,” “our,” “us”). You, as a visitor and/or user of our website, agree to these Terms and Conditions, and your access and/or use of our website, products, and/or services or via materials requested through email constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to.
This website and any products and/or services offered herein are not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.
This website and our products and/or services are intended to provide legal information and education for you to customize and use on your own with the assistance of an attorney in your area. The information provided is not business, financial, or legal advice, and does not create an attorney-client relationship between us. You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular business and financial situation so that you can take the right steps for you and your business.
No Attorney-Client Relationship or Business, Financial, or Legal Advice
You understand and agree that your access and/or use of nicolecherioden.com and/or purchase of our products and/or services, including our legal templates, does not create an attorney-client relationship, and nothing herein constitutes business, financial, or legal advice. nicolecherioden.com is not a law firm, and does not engage in the practice of offering legal advice or retaining legal clients.
You are not in an attorney-client relationship with Nicole Cheri Oden. Neither receipt of information presented on nicolecherioden.com nor any email and/or other communication sent to Nicole Cheri Oden through nicolecherioden.com creates an attorney-client relationship. No communications with Nicole Cheri Oden or nicolecherioden.com and you are protected by any legal privilege, including, but not limited to, the attorney-client privilege.
Nicole Cheri Oden is a licensed attorney in the State of California but she is not your attorney. nicolecherioden.com is not intended as attorney advertising or solicitation for legal services in any jurisdictions where this website would be so characterized and it does not comply with applicable local laws, rules, regulations, or ethical mandates.
No Warranty or Liability
The information provided on nicolecherioden.com is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or services purchased therefrom or via materials requested through email.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
YOU AGREE THAT NICOLE CHERI ODEN AND nicolecherioden.com ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.
YOU AGREE THAT NICOLE CHERI ODEN AND nicolecherioden.com ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
NICOLE CHERI ODEN AND nicolecherioden.com’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $100 (USD).
We expressly exclude any liability to the fullest extent of the law.
By using our website and its content or purchasing a service and/or product from our website or requesting materials via email, you agree to this limitation of liability and release Nicole Cheri Oden and nicolecherioden.com from any and all claims.
You agree at all times to defend, hold harmless, and indemnify Nicole Cheri Oden, nicolecherioden.com, and any affiliates, agents, or other party associated with Nicole Cheri Oden or nicolecherioden.com, from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email, as well as any third party claims of any kind arising from your actions in relation to our website.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
Consult A Local Attorney
Laws vary on a state-by-state basis, are constantly changing, and are subject to interpretation by courts in each state. Because each business and individual are affected differently, it is impossible to include state-specific provisions in our legal templates.
Your access and/or use of nicolecherioden.com and/or purchase of our products and/or services, including our legal templates, or materials requested through email, is not intended to be a substitute for legal advice provided by your own personal attorney. Nicole Cheri Oden encourages you to consent with a local attorney to review any and all guides, templates, and documents you purchase from our website to ensure compliance with laws in your jurisdiction and relevance to your particular business and legal needs.
Intellectual Property Protection and Personal Use
The materials contained on our website, including, but not limited to, products (including e-courses), documents, videos, photos, graphics, designs, and other files, are the proprietary property of Nicole Cheri Oden and are protected by United States intellectual property rights.
You may electronically copy and print portions of nicolecherioden.com solely for your personal, non-commercial use with respect to your business.
Nicole Cheri Oden grants you a single non-transferable license to download, view, copy, and/or print any products you purchase from nicolecherioden.com or materials requested via email solely for your personal, non-commercial use with respect to your business. You may not share the cost of any legal template or the legal template itself with any third party.
Any other use of the materials in nicolecherioden.com, any legal templates you purchase, and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use our website, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
Your License to Us
When you submit any post, comment, image, or other content that you upload, publish, or display on or through our website (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to use, distribute, modify and create derivative works from any such User Content.
You retain the right to remove your User Content at any time.
If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or promotional materials or on our content sites.
You agree that you will not post, transmit, upload, or otherwise make available any User Content that is harmful, threatening, defamatory, unlawful, abusive, harassing, obscene, vulgar, hateful, or otherwise objectionable.
You agree to use this website and our products (including legal templates and e-courses), programs, and services for lawful purposes only.
Our website may feature testimonials from time to time. They are examples. While these testimonials are accurate and honest portrayals of actual clients sharing their opinions about our website, products and/or services, they are not a guarantee that all clients will have the same, similar, or better experience.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, on our website, blog, or in our emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services from time to time. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Convertkit Affiliate Notice
Nicole Cheri Oden is a Convertkit affiliate and will provide a link from time to time to Convertkit products. You won’t pay a penny more but we’ll receive a small commission that helps sustain our small business.
Third Party Links
From time to time, we may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by Nicole Cheri Oden and/or nicolecherioden.com. If you use those links, you leave our website.
You agree that Nicole Cheri Oden and nicolecherioden.com are not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Nicole Cheri Oden and nicolecherioden.com are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.
All sales are final. All purchases are non-refundable.
We do not tolerate or accept any type of chargeback from your credit card company.
We reserve the right to terminate your access to our website, in full or in part, at any time for any reason.
Dispute Resolution and Jurisdiction
These Terms and Conditions shall be governed and construed according to the laws of the State of California, without regards to conflict of laws principles. The nearest state and federal court to Simi Valley, California shall have exclusive jurisdiction over any case or controversy arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email.
By using our website or its content, or products and/or services purchased therefrom, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
In the event that Nicole Cheri Oden must make a claim for any breach of these Terms and Conditions by negotiation, litigation, mediation, or arbitration, she shall be entitled to recover her attorney’s fees and costs.
If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
Modification of Terms and Conditions
We may change, modify, or update these Terms and Conditions at any time and will notify you of any such changes by a prominent notice displayed on our website at least 10 days prior to implementing the change. We recommend that you check the Terms and Conditions when you visit our website to be sure that you are aware of our most current policies.
By continuing to use this website, you agree to be bound by the most updated version of these Terms and Conditions, whether you have read them or have had the opportunity to read them and have chosen not to.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: email@example.com
February 6, 2019