Terms of Use
Your access to and use of this website, and any related websites operated by LadyNicole Foundation (collectively, the “Site”), is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept these Terms of Use without limitation or qualification, and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.
1. Content Ownership + Limited License
You agree that the Site itself, and all content, videos, training materials, products, services, and/or other materials made available on the Site by LadyNicole Foundation (the “Company”) or third parties—plus the look and feel of the Site (collectively, the “Content”)—are provided for your personal use and information and are the property of the Company and/or its third-party providers.
Company Content includes, without limitation, proprietary videos, HTML/CSS, JavaScript, graphics, voice and sound recordings, artwork, photos, documents, and text, excluding only materials you personally provide.
Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and use the Site solely for personal, non-commercial purposes.
No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless the Company expressly grants written permission. Modifying Content or using it for any other purpose violates intellectual property rights and may result in monetary damages and legal penalties.
2. Copyright
All Content (including text, data, graphics, videos, and sound files) is copyrighted unless otherwise stated and is owned by the Company and/or its suppliers. No such materials may be used except as provided in these Terms of Use.
3. Trademarks + IP Complaints
All trade names, trademarks, logos, and any images/biographical information of people used on the Site, including the Company name and mark(s), are either the property of, or used with permission by, the Company.
Use of any Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Unauthorized use may violate copyright, trademark, privacy/publicity laws, and other applicable regulations.
Nothing in these Terms or on the Site grants you any license or right to use any trademark or proprietary information without the Company’s express written consent (or that of the third-party owner).
The Company respects the intellectual property rights of others and may remove content or accounts (in its sole discretion) that it deems unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s IP or these Terms of Use.
If you believe your intellectual property rights are being violated, notify us at: support@lady-nicole.foundation. Please include your name and contact information, the nature of your work and how it is being violated, any relevant copyright and/or trademark registration information, the location/URL of the alleged violation, and any other information you believe is relevant.
4. Accuracy of Information
While the Company uses reasonable efforts to include accurate and up-to-date information on the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability for errors or omissions.
5. Electronic Communications
When you register with the Company and/or the Site, you expressly consent to receive notices, announcements, agreements, disclosures, reports, documents, communications about new products/services, and other records from the Company. You consent to receive notices electronically, including by email.
6. Submissions (Comments, Suggestions, Feedback)
If you send comments, suggestions, or other submissions to the Company (including notes, text, drawings, images, designs, or code), those submissions become and remain the sole property of the Company. No submission will be subject to any obligation of confidentiality. The Company will own all rights (including IP rights) to the submissions and may use, publish, and disseminate them for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Security + Risk
The Company uses commercially reasonable efforts to restrict unauthorized access to data and files. However, no system is fully secure. You acknowledge that unauthorized third parties may be able to access, view, copy, modify, or distribute data and files associated with the Site. Use of the Site is at your own risk.
8. Privacy Policy
The Company will not intentionally disclose personally identifying information about you to third parties, except where the Company, in good faith, believes disclosure is necessary to comply with law or enforce these Terms. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with the Privacy Policy (in whole or part), do not use the Site.
9. Disclaimer of Warranties + No Guarantees
NEITHER THE COMPANY NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE.
ALL CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The Company does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site/Content are free of bugs, viruses, or other harmful components. You assume responsibility for costs of necessary repairs or corrections.
No Earnings/Results Guarantee: The Company does not guarantee that you will earn money or achieve any specific results through the Site, Content, products, or services. Your outcomes depend on your own decisions, effort, skills, and circumstances.
Some jurisdictions do not allow certain warranty exclusions; therefore, some exclusions may not apply to you.
10. Third-Party Services + Termination + Refunds
The Company is not responsible for performance or service problems caused by third-party websites or service providers (including hosting providers, payment processors such as Stripe, or software updates/upgrades). Any such issues are governed solely by your agreement with that provider.
The Company reserves the right, in its sole discretion, to limit your use of the Site and/or Content, terminate your account, or refuse access to anyone if it determines you violated these Terms or any Company rules/conditions.
If the Company determines a refund is appropriate, it may (at its discretion) refund the initial fee charged or a pro-rata portion consistent with the Company’s refund policy. No refunds will be issued thirty (30) days after payment, regardless of the reason for disruption, unless required by applicable law.
11. Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES—WHETHER FORESEEABLE OR NOT—including loss of profits, revenue, goodwill, data, or replacement costs—arising from any defect in the Site/Content, inability to use services, or any other cause whatsoever, regardless of the theory of liability, even if the Company has been advised of the possibility of such damages.
12. Indemnification
You agree to indemnify and hold harmless the Company and its directors, officers, employees, and agents from any liabilities, claims, damages, and expenses (including reasonable attorney’s fees) arising out of or relating to: (i) your breach of these Terms, (ii) any violation of law or third-party rights by you, (iii) any content you post/share through the Site, (iv) your use of the Site or services, and (v) your conduct with other users.
The Company may assume exclusive defense of any claim subject to indemnification, and you agree to cooperate as reasonably requested.
13. Third-Party Beneficiaries
These Terms are for the benefit of the Company, its subsidiaries, affiliates, and its third-party content providers/licensors, and each may enforce these provisions directly.
14. Governing Law + Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. You submit to the exclusive jurisdiction of state and federal courts located in Orange County, California.
If any provision is unlawful, void, or unenforceable, that provision will be severed and the remainder will remain valid and enforceable.
15. Changes to These Terms
These Terms of Use may be revised from time to time by updating this page. You are bound by any such revisions and should periodically review the then-current Terms of Use.