Website Terms of Use
Dated: September 9, 2024
Introduction
This Website Terms of Use document (“Terms”) is a contract between Alexis Nicole (“Company,” “we” or “us) and users of www.alexis-nicole.com (“Website”), referred to in this document as “users,” “you” or “your.” This document governs your access to and use of this Website, including any content or functionality. The Terms apply whether you are browsing the Website, have provided your email address, downloaded free content, made a purchase or registered as a user.
By using this Website you are agreeing to the Terms as presented and without modification. It's your responsibility to read these Terms and any other documents referred to in these Terms. If you do not want to accept the Terms and the other documents, you must not use or access the Website or any of its content or digital products available for purchase (the content and digital products are collectively referred to as “Digital Product(s)”).
We collect certain information from visitors to the Website, which is covered in more detail in our Website Privacy Policy. All content and products available on the Website is for informational and educational purposes only, which is covered in more detail in our Disclaimer. Specific products, accessible content or services may also have product-specific terms and conditions. The Website Privacy Policy, Disclaimer and product or service specific terms and conditions are all incorporated into these Terms by reference, and by continued use of this Website you are agreeing to the terms and conditions of each of them.
This Website is intended for users in the United States. We make no representations that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.
Disclaimer
The Company has published a Disclaimer that is applicable to all users of the Website and further details and important information can be found in the Disclaimer, which is incorporated into these Terms by reference. The Company makes no representations or guarantees regarding your ability to achieve any outcome based on information provided on the Website or to earn any income from utilizing or purchasing any products or services through the Website or any affiliate or other links on the Website. Statements or testimonials provided by other customers may not be reflective of results you will obtain and may not be typical. Your ability to earn income is dependent solely on your personal effort.
Age of Users
This Website is only available to users who are at least 18 years old. If you are using this Website you are representing that you are at least 18 years old. If you are younger than 18 years old, you must not access the Website.
Modifications to the Terms
The Company may revise these Terms at any time, without notice. All changes are effective when posted on the Website and supersede any prior terms. Your continued use of the Website after modifications to the Terms means that you accept and agree to be bound by the changes. It is your responsibility to periodically check these Terms to determine if they have been updated as these changes will be binding on you.
Electronic Communications
Your use of the Website, sending and receiving emails with us, submitting your information on the Website and accessing our content constitutes electronic communications. You consent to receive electronic communications and waive any requirements under any laws requiring an original signature or delivery or retention of non-electronic records. By utilizing the electronic communications on the Website, including checkboxes to indicate your consent or acknowledgement, you are agreeing to the use of electronic records and electronic signatures and electronic delivery of all contracts, terms and policies related to the Website, the Website Privacy Policy, the Disclaimer and any other terms and conditions applicable to our content.
Availability of the Website/Changes to the Website
We are not liable if any part of the Website is unavailable at any time. We reserve the right to restrict access to the Website, even for registered users.
We may update the content or features on this Website at any time, and the Company makes no warranty or representations that the Website content is necessarily complete or up-to-date or that the features will be working at any given time. Any of the content on the Website may be out of date at any given time, and we are under no obligation to update such content. The Company may modify the prices of its products and services at any time or may discontinue or remove any content, products or services at any time without notice and for any reason.
Use of the Website
You are responsible for your own connection to access the Website. You must inform anyone accessing this Website through your Internet connection of these Terms. You may use the Website only for lawful purposes and in accordance with these Terms. You shall not use the Website in any manner that violates any applicable federal, state, local, or international law or regulation or in a manner that fails to accurately represent your identity.
Additionally, you shall not interfere in any manner with the functionality or proper operation of the Website, including by disabling or impairing the Website or interfering with anyone else’s use of the Website, by using any manual or automated device or means to monitor or copy the Website or any of its content, by introducing any technologically malicious material, by attempting to gain unauthorized access to the Website or any hosts, servers or third party service providers or by engaging in any form of attack of the Website. Users engaging in any conduct the Company deems harmful to the Website, the Company or its products or services will be immediately suspended or banned from the Website and the Company may report the incident to law enforcement.
Account Security
If you request access to free resources or make a purchase on the Website, you may be asked to provide registration information to create an account. It is a condition of your use of the Website that any information you provide is accurate, current and complete. Your account is only for your individual use (unless otherwise specifically stated in the terms applicable to a particular product), and your login credentials, whether assigned to you or created by you, are personal to you and confidential and may not be shared or disclosed to anyone else to access the Website or your account. If you become aware of any breach of your account security you will notify us immediately using the contact information at the bottom of this document and you will take steps to limit the impact of the breach. You should not access your account from a public or shared computer and you should actively log out at the end of your session. Use of the Website is also governed by our Website Privacy Policy.
Only Lawful Uses Permitted
You may use the Website only for lawful purposes and in accordance with these Terms. By way of example and not as an exhaustive list, you shall not use the Website: in any manner that violates federal, state, local, or international laws or regulations; to impersonate or attempt to impersonate the Company or any other person or entity; to engage in any conduct that interferes with anyone’s use or enjoyment of the Website, or may harm the Company or users of the Website, or expose them to liability; in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; initiate or participate in the use of any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; to employ any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms; to employ any device, software, or routine that interferes with the proper working of the Website or that introducs any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. Additionally, and not by way of limitation, you shall not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Website.
Termination of Access
We reserve the right to suspend for a period of time of our choosing or terminate your account at any time if we believe that you have breached these Terms. The Company does not provide refunds to users whose access has been terminated as a result of breaching these Terms.
Intellectual Property Rights
The Website and all of its content (both free and for purchase), features, processes and functionality, and all text, images, video, audio, design and other elements are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your business use in your individual business only. You must not reproduce, distribute (whether or not in exchange for money or other consideration), modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
The Company reserves the right to immediately suspend or permanently terminate your access to the Website if you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms and you must, at our option, return or destroy any copies of the materials you have made. All rights to any intellectual property or content on the Website not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company which the Company may withhold in its sole discretion. Any other names, logos, product and service names, designs, and slogans on this Website which are not the property of the Company are the trademarks of their respective owners.
User Submissions
The Website may provide opportunities for users to post or publish content or transmit information by email or other means of communication (“User Content”) and use interactive features on the Website. All User Content posted to the Website will be considered non-proprietary and non-confidential and you should not post any personal or private information. By providing any User Content on the Website, you grant us and our affiliates and service providers the right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, without compensation to you. You represent and warrant that you are the owner or possess all rights regarding any User Content you post. All of your User Content shall comply with these Terms. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You shall indemnify the Company for all loss or damage incurred by the Company from your User Content. We are not responsible or liable to you or any third party for the content or accuracy of any User Content posted by you or any other user of the Website, and the Company undertakes no obligation to monitor User Content or to remove any User Content that may be in conflict with these Terms.
The Company may in its sole discretion remove or refuse to post any User Content and take any action with respect to any User Content that we deem necessary or appropriate to protect the Company and preserve our rights. The Company may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and the Company may involve or cooperate with law enforcement, government authorities or court orders as the Company deems appropriate in its sole discretion.
The Company does not undertake to review User Content before it is posted on the Website, and cannot ensure removal of material after it has been posted. The Company assumes no liability for any action or inaction regarding User Content. The Company does not endorse any User Content.
Content Standards for User Content
All User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not be offensive, harassing, objectionable, discriminatory, deceptive, promote illegal activity, involve commercial activity, violate any intellectual property rights, violate the legal rights of others, impersonate any person or entity or appear to have the endorsement of the Company.
Copyright Infringement
If you believe that any User Content violates your copyright, please send us a notice of copyright infringement using the details provided below and the Company will take reasonable steps to investigate your claim, though we cannot make any promises regarding resolution. The Company may terminate the user accounts of infringers.
Content is for Informational and Educational Purposes Only
All content presented on or through the Website is made available solely for your general educational and informational purposes only. These matters are also covered in our Disclaimer, which is specifically incorporated into these Terms. You are encouraged to consult with legal counsel to determine how the content available on the Website, whether free or available for purchase, applies to your specific situation. The Company makes no representations or warranties about the accuracy, completeness, or usefulness of any information available on the Website. You are solely responsible for any reliance you place on such information and any actions you take or do not take are strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by users of the Website.
The Website may include content provided by third parties. All content provided by third parties contains only the opinions of such third parties and such third parties are solely responsible for their content. The views and information presented by any third parties are not necessarily the views or the opinions of the Company and the Company is not liable to you or any third party, for the content provided by any third parties.
Online Purchases and Downloads from the Website
All purchases, downloads of or access to our products and services through the Website, whether made by purchase or granted to you without the necessity of payment, are governed by both these Terms and the terms and conditions applicable to any such access or download, which are hereby incorporated into these Terms. Our products may be templates or forms, courses or programs and their associated resources, or free content available for download. When you access or download a product, the Company grants you a limited, personal, non-exclusive, non-transferable license to use the product in the manner intended for your own internal business or personal use. You do not have permission under this license to modify, copy, create derivative works of, reverse engineer, alter or in any way abuse or misuse any of the products in any manner, except as may be expressly permitted by the terms and condition for such product consistent with using the product for your authorized use.
You may not share, sell or give copies of our products to anyone else.
Refund Policies
The refund policies applicable to products or services purchased through the Website are included with the purchase terms and conditions for those products or services. Our refund policies may vary depending on the product or service you purchase and you must carefully read the terms and conditions applicable to each product or service sold through the Website.
Links to and from the Website
You may link to the homepage of the Website provided that you do so in a manner that does not injure our reputation and in a manner that is otherwise fair and legal. You must make it clear to your website users that you are linking to a website other than your own. We reserve the right to withdraw our permission for you to link to the Website and you shall cooperate with us in implementing immediate removal of any links we do not approve. The Website may contain links to other websites that we do not own or control and with which we do not have any affiliation. These links are provided for your convenience only and may include advertisements, sponsored links and resources and information we believe may be of interest to you or helpful to you. Our decision to link to third-party websites does not in any way constitute an endorsement of any content contained on these websites and does necessarily not reflect the views of the Company or its owners or employees. We have no control over the contents of any third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Some links from the Website may be affiliate links which provide a commission or other form of compensation to the Company if you make a purchase after following the link. We will use commercially reasonable efforts to notify you when a link is an affiliate link.
Disclaimer of Warranties
Files and documents downloaded from the Internet can contain viruses or other malware that could be harmful to your devices. We cannot and do not guarantee or warrant that any downloads delivered from the Website, whether paid or delivered to you without charge, will be free of viruses or other destructive code. You are responsible for implementing sufficient protocols to protect your devices and data.
THE COMPANY DOES NOT WARRANT OR GUARANTEE THE WEBSITE WILL BE FREE FROM ERRORS, THAT THE INFORMATION OR CONTENT PROVIDED IS COMPLETE OR ACCURATE OR THAT ANY PRODUCTS OR INFORMATION YOU DOWNLOAD OR ACCESS OR LINKS YOU CLICK FROM THE WEBSITE WILL BE ERROR OR RISK FREE OR THAT THEY WILL MEET YOUR SPECIFIC NEEDS. THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE OR YOUR ABILITY TO ACCESS AND USE IT. THE WEBSITE AND ITS CONTENTS AND DOWNLOADS ARE PROVIDED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT AVAILABLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER STATUTORY OR COMMON LAW, AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY AND ITS RELATED PARTIES OR AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY DIGITAL PRODUCTS ACCESSED OR DOWNLOADED BY YOU, INCLUDING WITHOUT LIMITATION PUNITIVE DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, SPECIAL DAMAGES, EQUITABLE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS RELATED PARTIES AND AFFILIATES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE TOTAL PURCHASE PRICE OF ANY DIGITAL PRODUCTS YOU HAVE PURCHASED FROM THE COMPANY.
Indemnification
You shall defend, indemnify, and hold harmless the Company, its affiliates and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, the terms and conditions of any product, or your use of the Website, including, but not limited to, your User Content, your access of or download of any product or information, whether paid or granted, or your failure to observe security measures. You shall assist us in and cooperate fully with the defense of any such claim, without charge, which may include the Company’s exercise of exclusive defense and control of any matter for which you have an obligation to indemnify, and you shall provide us with such information as we may request. You shall not settle any third-party claim or waive any defense without our prior written consent.
Resolution of Disputes, Governing Law and Jurisdiction
All claims and actions relating to the Website, these Terms, and any dispute or claim arising therefrom or related thereto, whether a contract claim or otherwise, shall be governed by and construed in accordance with the internal laws of the Florida without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms, the Website, or any product or service sold by us or information accessed on or downloaded from the Website, shall be instituted exclusively in the federal courts of the United States or the courts of the Florida, in each case located closest to Orlando, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
The Company reserves the right to require you to submit or transfer any disputes or claims arising from these Terms or use of the Website, or any product or information accessed on or downloaded from the Website, whether a contract claim or otherwise, to final and binding arbitration in Orlando, Florida under the Rules of Arbitration of the American Arbitration Association applying Florida Law. You waive any and all objections to the Company’s exercise of its right to select arbitration and to the location and governing law of such proceedings. You shall be responsible for all costs of filing and administering the arbitration as well as your own legal or other costs to pursue the arbitration.
If you initiate a claim against the Company you shall only file such claim in an individual capacity in your own name or the name of your related and applicable business entity and not as a member of a class action or class arbitration proceeding.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR ANY PRODUCT OR INFORMATION ACCESSED ON OR DOWNLOADED FROM THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of or failure to enforce by the Company of any term or condition set out in these Terms, the Website Privacy Policy, the Disclaimer or the terms and conditions of any services or any content or product you access or download, whether in the first instance or on a subsequent occasion, shall be deemed a waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms or any other terms and conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms, the Website Privacy Policy, the Disclaimer or any other terms and conditions related to any Website content, our products or services is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of such document will continue in full force and effect.
Entire Agreement
These Terms, the Website Privacy Policy, the Disclaimer, and any other terms and conditions applicable to any Website content, our products or services, all of which are incorporated into these Terms by reference, constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such documents. The Company expressly reserves all rights not expressly granted in these Terms, the Website Privacy Policy, the Disclaimer or in any other terms and conditions applicable to any Website content, our products or services.
Contact Information
This Website is owned and operated by Alexis Nicole. You may contact us at [email protected] or mail us at 924 N Magnolia Ave Ste 202 - Unit 5055, Orlando, FL 32803
