Terms of Use

1. User’s Acknowledgment and Acceptance of Terms

Nicole Elmore, LLC (“Us” or “We”) provides the www.NicoleElmore.com site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of 2/15/2013. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

2. Description of Services

We make various services available on this site including, but not limited to, coaching on different topics of business and entrepreneurship, membership to our site, subscription plans of various kinds, products including but not limited to templates, business forms, etc., affiliate products and links,  and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

3. Registration Data and Privacy

In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

4. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

f. impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

This site is a company site written and edited by Nicole Elmore, LLC. This site accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.

The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post may not always be identified as paid or sponsored content.

The owner(s) of this site is compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this site are purely the site owners. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.

This site contains content which might present a conflict of interest. This content may not always be identified.

The tips on this page are not a substitute for professional advice. They are based on the author’s research and experience. Readers are fully and solely responsible and liable for their use and effects.

6. Intellectual Property Information

Copyright (c) 2/15/2013 Nicole Elmore, LLC. All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Nicole Elmore, LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are registered trademarks, trademarks or service marks of Nicole Elmore, LLC or its Affiliates: Nicole Elmore Logo. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Nicole Elmore, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Nicole Elmore, LLC or its Affiliates.

7. Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. Sign the paper.

8. Send the written communication to the following address:

Designated Agent for Claimed Infringement:

Contact: Nicole Elmore
Address: Boca Raton, FL
Subject: Infringement Claim Inquiry
e-Mail address: nicole@nicoleelmore.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

8. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Nicole Elmore spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

12. Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

13. E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

14. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

15. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

16. Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the Boca Raton, FL, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Boca Raton, FL, by accessing this site both of us agree that the statutes and laws of the State of Boca Raton, FL, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Boca Raton, FL with respect to such matters.

17. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at nicole@nicoleelmore.com, if by email. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

18. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

19. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

20. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by Nicole Elmore, LLC , a Limited Liability Company, located in Boca Raton, FL. If you notice that any user is violating these Terms of Use, please contact us at nicole@nicoleelmore.com.

 

Terms and Conditions of Services

1) User’s Acknowledgment and Acceptance of Terms: Nicole Elmore, LLC (“Us” or “We”) provides various marketing and business services listed on the website  to you (“the client”, “the customer”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Services”), as well as any other written agreement between us and you. Agreement to a project, acceptance of a proposal or proceeding with payment to commence any work constitutes agreement by the Customer to the full terms and conditions of service.

2) I understand that Nicole Elmore, LLC may terminate this agreement at any time for any reason. Any fees paid in full for services that have not been fulfilled when this agreement is terminated by the Seller shall be refunded in form of a check.

No refunds are given for any services paid, for any reason and without exceptions in cases where a buyer decides to cancel the service for any reason. No refunds are provided unless services are cancelled by the Seller (Nicole Elmore, LLC).

Failure by the client (“you”) to adhere to the terms of this agreement may result in termination of this agreement.

3) Nicole Elmore, LLC retains the right to display any graphics and other Web content elements, including the client’s logo, as examples of their work in their portfolio and as online and in print materials. Nicole Elmore, LLC also retains the right to place a text link on the bottom of every webpage designed, at their sole discretion.

4) Payment Terms: The total amount of the service quote or invoice shall be payable in full by Customer according to the payment due date stated on the Invoice. All payments are to be made in full and in advance before commencement of any work. For payments made by Paypal , wire transfer or a debit/credit card, a processing fee equal to the processing fee charged by the payment processing company will be added to the total due on the invoice and must be paid by the Customer. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements. If a service is paid for but Seller is not able to fulfill service due to the failure of Buyer to provide necessary information or access to complete the service (within 45 days of payment), all rights to the completion of the service are forfeited and no refund shall be granted.

Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved and expressly included in the project agreement, may be charged to the Customer.

Nicole Elmore, LLC expressly reserves the right to run promotional specials without undertaking any obligation to refund any service payment for prior projects or otherwise not eligible for such promotion.

5) Customer Property: All customer data (including but not limited to text, graphics, photos, designs, trademarks, other artwork), and any other intellectual property (“Customer Property”) supplied to Nicole Elmore, LLC for use in or with the Design or Development services provided under these terms shall be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage.

All customer copy and artwork submitted must be either owned by you or you must have the right to use it. All such Customer Property shall remain your property and will not be copied or otherwise used in any manner by Nicole Elmore, LLC or any Nicole Elmore, LLC subcontractor or outsourced partner for any purpose not in furtherance of Nicole Elmore, LLC obligations under the terms of this Agreement. You agree to fully indemnify and hold Nicole Elmore, LLC and any Nicole Elmore, LLC subcontractor or outsourced partners harmless of and from any claim against them or their officers shareholders, agents or affiliates arising out of any claim of right title or interest in or to any Customer Property or arising out of the alleged use or misuse of any such Customer Property.

The Customer shall not submit for use by Nicole Elmore, LLC anything whose use would constitute an unauthorized dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorized dealing, the Customer shall remain liable to pay all sums due to Nicole Elmore, LLC under the relevant contract and shall further indemnify Nicole Elmore, LLC against any loss, costs or expenses attributable to such unauthorized dealing.

6) Project Completion: If your project includes any web design, graphic design, writing services or any similar work, the following conditions apply:

  • You have 72 hours to review the work and request revisions
  • Revisions must be submitted via this revision request form up to the specified number of revisions allowed within the project description
  • Each revision may delay the project up to 7 days
  • If within 72 hours no revisions are requested, the project will be considered complete and any revision, addition, or change requests thereafter will be considered new billable work

Error Identification Upon identification of any programming error, the customer shall notify Nicole Elmore, LLC of such error and shall provide with a detailed problem report and enough information to reproduce the error. Nicole Elmore, LLC shall use its reasonable efforts to respond to problem reports. A bug report sheet will be provided and must be fully completed. Critical errors will need to be marked “Critical Error”. Not providing necessary information to reproduce the error within 30 days of completion of the project, shall constitute a material breach of this Agreement by Customer and shall relieve Nicole Elmore, LLC of any further obligations to correct the error.

Nicole Elmore, LLC shall not be responsible for correcting any errors not attributable to Nicole Elmore, LLC. Errors attributable to Nicole Elmore, LLC shall be those that are reproducible by Nicole Elmore, LLC on unmodified software.

The risk of damage to or destruction of any item delivered by Nicole Elmore, LLC to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.

7) Non-Disclosure Compliance: Any and all business plans, consultations, proposals, and other such strategic written work is considered confidential information and is governed by the following terms that all Customers must adhere to: The Recipient agrees (i) not to disclose any Confidential Information or any information derived therefrom to any third person, (ii) to keep the Company’s Confidential Information confidential and take all the reasonable precautions to protect the confidentiality of such Confidential Information with the same degree of care with which it protects the confidentiality of its own confidential information, but in no event with less than a reasonable degree of care, and (iii) not to use any Confidential Information for any purpose whatsoever except to advance the legitimate business interests of the Company.

8) Nicole Elmore, LLC may utilize the services of subcontractors or otherwise outsource the work to fulfill any or all of its work and/or obligations under this Agreement. Nicole Elmore, LLC my assign any or all of its rights and obligations to any third party without advance notice to you. In such event such third party shall be obligated to fulfill all terms set forth herein to the same extent as if this Agreement had not been assigned.

9) Web Design Work: Browser Compatibility – Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Nicole Elmore, LLC represents and warrants that the website we design for you will work in:

  1. Microsoft Internet Explorer versions 7 and up (PC Platform)
  2. Firefox (Mac & PC Platforms)

While Nicole Elmore, LLC will make reasonable efforts to design a fully functional website compatible with the browsers set forth above, we cannot guarantee fully functional operations within any other Browser, any text-based, mobile or App based browsers.

Development of CMS (Content Management Systems) do not include free upgrades or updates to that software. Development will be completed with the current stable release of that software at the time of development of the client’s site.

10) Electronic Commerce Laws: The Customer agrees that the Custoemr is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Nicole Elmore, LLC and any partners and subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

11) Disclaimer of Warranties: Nicole Elmore, LLC does not offer any guarantee, express or implied, that any or all of the advice, guidance or suggestions made by Nicole Elmore, LLC will lead to a specific outcome. You can use any shared advice, guidance, suggestions, and information shared by Nicole Elmore, LLC at your own discretion, agreeing hereby that any consequences, positive or negative, resulted from the use of the above stated actions are your sole responsibility and Nicole Elmore, LLC will not be held liable. All sales and services are final upon payment, and no refunds shall be made for any reason, unless granted by Nicole Elmore, LLC at company’s own discretion.

Financial growth is based on a range of factors that Nicole Elmore, LLC may not have any control over, including but not limited to your work ethic, your background, your limitations of skills, time requirements, or capital. Therefore, Nicole Elmore, LLC does not guarantee or imply that you will become wealthy or increase your income through our services, consultations, and recommendations.  Any decisions you make and any recommendations you act upon are fully upon your own risk and responsibility and Nicole Elmore, LLC shall not be liable for any losses or other consequences incurred due to your decisions. Nicole Elmore, LLC makes no warranty regarding any transactions or services executed and you understand and agree that such transactions are conducted entirely at your own risk.

You expressly release and discharge Nicole Elmore, LLC from any liability or responsibility for any successes or losses relating to any material presented or services rendered by Nicole Elmore, LLC.

Furthermore, for any web design or re-design work of any kind, you are responsible for backing up all of your data and your entire website for potential recovery. Data loss can occur during any web development due to technical dysfunctions and many other reasons. We are not responsible for backing up any of your data nor are we responsible for loss of any data. Any Design or Development services provided under these terms shall be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage.

Any SEO work or any other marketing work is performed without guaranteeing any specific results, rankings, etc. Results may be based on a range of factors that Nicole Elmore, LLC may not have any control over, including but not limited to your own involvement and /or work, any work performed by other third parties you may hire, or external factors such as Google algorithm changes, competitor’s work, and any other changes that may have an influence on those results.

Notwithstanding anything to the contrary contained in these terms, neither Nicole Elmore, LLC nor any of its partners, subcontractors or agents, warrant that the functions contained in any project, web design, or other work produced under these terms will be or remain uninterrupted or error-free. The entire risk as to the quality and performance of any Website or Marketing Campaign is with the Client. In no event will Nicole Elmore, LLC be liable to the Client or any third party for any damages, loss of services including, but not limited to, hosting service providers, domain names, domain name registrant services, ecommerce features including but not limited to: SSL certificate(s), Paypal™, payment gateway(s), merchant account(s), service interruptions caused by Acts of God, the Hosting Service, hacking, hack attacks or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate any Website, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, you or your site visitor’s computer or internet software, even if Nicole Elmore, LLC has been advised of the possibility of such damages.

If 3rd parties are sub contracted or work is outsourced to any third parties by Nicole Elmore, LLC and are to use this artwork to complete their requested task, then all artwork remains the property of the Nicole Elmore, LLC customer and may not be copied or used in any manner by the third party for their own works outside of that customer’s project. However, if any such actions will happen, the Customer shall hold Nicole Elmore, LLC harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from the misuse of such property by a third party.

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by you against us must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Disclaimer of Warranty/Limitation of Liability: Nicole Elmore, LLC undertakes no responsibility for the quality of the services or that the service will be fit for any particular purpose for which Client may be buying the services, except as otherwise provided in this Agreement, and Nicole Elmore, LLC disclaims all other warranties and conditions, express or implied.

ALL MATERIALS AND SERVICES PROVIDED ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, I MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM NICOLE ELMORE, LLC WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

IN NO EVENT SHALL NICOLE ELMORE, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ANY OF OUR SERVICES, INCLUDING CONSULTATION AND RECOMMENDATIONS MADE BY NICOLE ELMORE, LLC.

12) Indemnification: Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of our services and/or recommendations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13) Refusal of Service: Nicole Elmore, LLC reserves the right to refuse any project or assignment for any reason.

14) Communication: All customer communication will be conducted via e-Mail. All e-Mails by paying clients will be attempted to be answered within 3 business days, however no guarantees can be made. Delays can occur if a Customer’s e-Mail arrives in a spam/junk folder. Please whitelist our domain’s e-Mail address to ensure e-Mail delivery into your inbox. Nicole Elmore, LLC is not responsible for any e-Mails that are not delivered due to technical issues of any sort, or delivery into a Customer’s spam/junk folder. The customer is responsible to check their spam/junk folder for an e-Mail response from Nicole Elmore, LLC to comply with any information requests and obligations, as well as when an e-Mail response is expected by either party.

If a Customer does not receive an e-Mail response within 3 business days, it is the responsibility of the Customer to follow up with Nicole Elmore, LLC by sending a follow-up e-Mail or trying another method of contact.

No phone calls or meetings are included as part of the services fee. Any phone calls can be requested for an hourly fee, are limited in availability and are not guaranteed to be available when requested.

 

Blog and Message Board Terms of Use

Nicole Elmore, LLC (“We” or “Us” or “Our”) offers the use of its blogging and message board services (along with the content posted thereon, the “Services”) subject to the terms and conditions of use (the “Terms”) contained herein. All references herein to “We,” “Us,” or “Our” are intended to include Nicole Elmore, LLC and any other affiliated companies. By accessing, creating or contributing to any blogs or messages hosted by us (the “Blog”), and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before posting to or creating any Blog. We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Services constitutes your acceptance of all such Terms. If you do not agree with these Terms, please do not use the Services.

1. Disclaimer of Company Responsibility for Blog Content

You understand that all content posted to the Blog (the “Content”) is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as Our representatives or any of Our sponsors or partners. The opinions that you or others post in the Blog do not necessarily reflect Our opinions.

2. Posting

(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.

(b) By posting content to the Blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.

(c) You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Blog, any content you supply to the Blog, or your violation of these Terms or the rights of another.

3. Accessing

(a) You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.

(b) The Blog is provided for informational purposes only; we shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Blog.

(c) Blog postings may provide links to other websites on the Internet. We are not responsible or liable for such content and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.

(d) We may enable you to establish an account with a username and password to access and use the Services. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.

4. Children

Collecting personal information from children under the age of 18 (“minor children”) through the Services or the Blog is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the site, and we ask that they do not submit any personal information to us.

5. Privacy Policy

Please be sure to read our Privacy Policy, which is available at this website and incorporated herein by reference.

6. Unauthorized Use of Materials

See Website Terms of Use

7. Termination of Access/Removal of Content

We shall have the right in Our sole discretion to terminate your access to and use of the Services and/or remove any of your Content should We consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.

8. Disclaimer of Warranties

See Website Terms of Use

9. Limitation of Liability

See Website Terms of Use

10. Acceptance and Acknowledgement of Terms

Use of this website constitutes acceptance of these Terms. You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of Ours, including the Website Terms of Use that may govern your conduct. Thank you for participating in the Blog. Please do not hesitate to contact us at info@nicoleelmore.com if you have questions.

Terms and Conditions of Free Marketing Evaluation

Cost: Your first Marketing Evaluation is completed and provided to you at no cost. You or any business are only eligible for 1 (one) free marketing evaluation every 365 days. You can request additional reviews for a $250 fee.

Timeline: We strive to complete all Marketing Evaluations within 7 business days. However, there is no guarantee that it will be completed within a certain timeframe. Marketing Evaluations are subject to availability. Nicole Elmore, LLC reserves the right to refuse or not complete any marketing evaluation for any reason. Only Marketing Evaluations that contain all necessary information requested in the form can be fulfilled.

Delivery: We will e-Mail it to you in PDF format via e-Mail. Please whitelist nicole@nicoleelmore.com to assure it arrives in your inbox rather than getting lost in your junk folder.

Communication: We reserve the right to send you periodic updates to new services as well as follow-ups to your provided e-Mail address.

Disclaimer of Warranties: Nicole Elmore, LLC does not offer any guarantee, express or implied, that any or all of the advice, guidance or suggestions made by Nicole Elmore, LLC will lead to a specific outcome. You can use any shared advice, guidance, suggestions, and information shared by Nicole Elmore, LLC at your own discretion, agreeing hereby that any consequences, positive or negative, resulted from the use of the above stated actions are your sole responsibility and Nicole Elmore, LLC will not be held liable. All sales and services are final upon payment, and no refunds shall be made for any reason, unless granted by Nicole Elmore, LLC at company’s own discretion.

Financial growth is based on a range of factors that Nicole Elmore, LLC may not have any control over, including but not limited to your work ethic, your background, your limitations of skills, time requirements, or capital. Therefore, Nicole Elmore, LLC does not guarantee or imply that you will become wealthy or increase your income through our services, consultations, and recommendations.  Any decisions you make and any recommendations you act upon are fully upon your own risk and responsibility and Nicole Elmore, LLC shall not be liable for any losses or other consequences incurred due to your decisions. Nicole Elmore, LLC makes no warranty regarding any transactions or services executed and you understand and agree that such transactions are conducted entirely at your own risk.

You expressly release and discharge Nicole Elmore, LLC from any liability or responsibility for any successes or losses relating to any material presented or services rendered by Nicole Elmore, LLC.

Non-Disclosure Compliance: Any and all marketing evaluations, business plans, consultations, proposals, and other such strategic written work is considered confidential information and is governed by the following terms that all Customers must adhere to: The Recipient agrees (i) not to disclose any Confidential Information or any information derived therefrom to any third person, (ii) to keep the Company’s Confidential Information confidential and take all the reasonable precautions to protect the confidentiality of such Confidential Information with the same degree of care with which it protects the confidentiality of its own confidential information, but in no event with less than a reasonable degree of care, and (iii) not to use any Confidential Information for any purpose whatsoever except to advance the legitimate business interests of the Company.

Generated in part by: General Counsel, PC and Legal River‘s Terms of Service Generator