Last updated August 2021
This writing outlines the intended legal relationship between Nicholette von Reiche, LLC (the “COMPANY”, “we”, “us”, or “our”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase from the COMPANY and use of COMPANY Website and services.
The COMPANY and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.
ACCEPTING THESE TERMS
As the CLIENT, you are entering into a legally binding agreement with the COMPANY, a Limited Liability COMPANY registered in Colorado according to the following terms and conditions, when you do any of the following:
- Click “I Agree”
- Email your statement of the agreement
- Enter your credit card information
- Sign this agreement on this page, or reverse
- Enroll electronically in the PROGRAM
- Enroll verbally, or otherwise, in the PROGRAM
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or e-mailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.
USE OF SITE
This Site is provided solely for the use of current and future customers of the COMPANY to provide you with information about the COMPANY, to permit you to place orders for our products, programs and services and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any advertisement, solicitation, spam, chain letter, or other similar types of information;
- any encouragement of illegal activity;
- unauthorized use or disclosure of private, personally identifiable information of others; or
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other rights to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, templates and downloadable files and other materials (the “Materials”) are the property of the COMPANY and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.
COMPANY makes no claim in regards to its use of graphics, voice and sound recordings, artwork, photos, documents and or text that it may display that are properly licensed and attributed to others’ intellectual property rights. The COMPANY has made every reasonable effort to give proper attribution where required. If you believe that your content on this Site is in violation of your ownership rights, please see the DMCA policy information on the Site.
Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must provide accurate links back to the COMPANY’s materials if you want to display or distribute COMPANY’s materials.
WE ARE GLAD TO HAVE YOU SHARE OUR CONTENT, BUT YOU MUST RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES ON ALL COPIES OF THE CONTENTS. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the contents. Except as provided in this Notice, the COMPANY does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Modification of the COMPANY’s content and or materials provided for any other purpose is a violation of copyright and other proprietary rights of the COMPANY, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
This AGREEMENT is executed and valid, when CLIENT accepts these terms (electronically, verbally, written, and or otherwise).
The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to CLIENT.
PARTIES agree that the PROGRAM is in the nature of education and teaching included but not limited to:
- Teaching CLIENT how to create and design CLIENT’S own graphic templates to share to the public;
- Learning how to create graphics and templates;
- Access to the COMPANY’S systems or processes involved in creating CLIENT’S templates and design resources
The scope of services provided by COMPANY according to this AGREEMENT are limited to those listed on COMPANY’s website, or as part of the PROGRAM. COMPANY reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises, without prior notice.
The term “Confidential Information” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE CLIENT’S BUSINESS OR PERSONAL AFFAIRS.
COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT.
COMPANY shall keep the Confidential Information of the CLIENT in the strictest confidence and shall use its best efforts to safeguard the CLIENT’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
- For the Canva Product Creator and Shop Creator Course Terms - Click here.
- For Coaching Terms - Click here.
- For VIP Day Terms - Click here.
All trade names, trademarks, and images and biographical information of people used in the COMPANY content and or materials contained in the Site, including without limitation the name and trademark Nicholette von Reiche, LLC are either the property of, or used with permission by, the COMPANY.
Any unauthorized use of Materials may violate the copyright, trademark, and other proprietary rights of the COMPANY and or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
Nothing contained in this Agreement or in the Site shall be interpreted as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the COMPANY or third party owner.
If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify COMPANY at Nicholette at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
Complete information regarding your rights under the Digital Millennium Copyright Act (DMCA) is available under our DMCA Policy.
No Transfer of Intellectual Property
COMPANY’s copyrighted and original materials are provided to the CLIENT for his or her INDIVIDUAL USE ONLY and under a limited single-user license.
As part of the access to the intellectual property, educational, and teaching materials that are part of the CLIENT’S access to the PROGRAM, CLIENT agrees and understands that:
- CLIENT shall not copy and paste the COMPANY’S provided templates and then provide for sale to the general public.
- CLIENT shall use the access to the COMPANY’S provided templates as a foundation to create and develop CLIENT’S own graphic designs that it then shares to promote CLIENT’S products, business, and services
- CLIENT understands that PROGRAMS include a standard license only that client and their team (in CLIENT’S Canva account) can use to create unlimited end products for personal use.
- If CLIENT wishes to use the templates for multiple clients or to create multiple end products for sale, CLIENT can purchase the extended license in The Canva Template Shop. If the product is not available in the shop, or if CLIENT is not sure which license they need, CLIENT can reach out to COMPANY.
- CLIENT is not authorized to use any of COMPANY’s intellectual property, trademarks, and or copyrights, for any purpose.
- CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.
ALL INTELLECTUAL PROPERTY, INCLUDING COMPANY’S COPYRIGHTED SHOP OR MEMBERSHIP MATERIALS, SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE COMPANY’S MATERIALS IS GRANTED OR IMPLIED.
In the event that a dispute arises between the PARTIES or a grievance by CLIENT, the PARTIES agree that all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Colorado or another location mutually agreeable to the parties.
The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in digital memberships and digital shops and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
USE OF PROGRAM MATERIALS
- By accepting this AGREEMENT, CLIENT consents to recordings being made of the program resources.
- COMPANY reserves the right to use, at its sole discretion, the following: PROGRAM materials, videos, audio recordings, and materials submitted by CLIENT (in the context of the PROGRAM for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
- CLIENT consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
NO RESALE OF SERVICES PERMITTED
CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PROGRAM including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the COMPANY’s prior written consent.
- CLIENT shall not simply take the provided designs or trainings from the COMPANY and without any changes add them to the CLIENT’S shop and or third party site.
- CLIENT shall take the provided designs from the COMPANY and use them as a foundational starting point to create the CLIENT’S own original graphic designs and templates.
This AGREEMENT ends if any of the following occur:
- CLIENT’s account is in arrears and no action has been taken to correct the late payments; or
- Otherwise in default of this AGREEMENT, then full payment is immediately due and CLIENT is barred from using any of COMPANY’s services. COMPANY is allowed to immediately collect all Fees from CLIENT and stop providing further services to CLIENT.
Cause for Termination
COMPANY wants to provide a safe, positive, and engaging community but also understands that at times it is required to take action to remove those members that are not following these rules.
The following is a list of actions that are cause for immediate removal from this PROGRAM, including but not limited to:
- Violation of any of the terms listed in this agreement,
- Blatant or subtle promotion designed to push the limits of “promoting”
- Sharing PROGRAM information outside of this any of our programs that doesn’t have a public URL associated with it.
CLIENT agrees to pay COMPANY the stated fee (the “FEE”) according to the payment terms:
- As outlined on COMPANY’s website,
- Provided through email,
- According to the Payment Schedule and the payment plan selected by CLIENT (the “FEE”), or
- As otherwise noted in this AGREEMENT.
Installment or payment plans: when CLIENT agrees to the purchase of COMPANY’S programs or as part of an installment or payment plan and a payment fails, the COMPANY will make reasonable attempts to notify the buyer and have the payment issue addressed.
If the payment issue is not addressed, then the COMPANY has the right to cancel the CLIENT’S account.
In many cases, early access to resources are granted ahead of time, based on the completion of an installment/payment plan. If payment fails and after reasonable attempts are made to collect outstanding funds, these accounts can then be handed over to debt collection which can affect the CLIENT’s credit score and other impacts as well.
Upon execution of this agreement, CLIENT is responsible for the full fee. If the client decides to cancel, not participate or has a change of mind, the client will notify the company by email.
Healings and sessions:
no refund/no chargeback policy (whether you choose to complete the healing or not).
CHARGEBACKS & PAYMENT SECURITY
To the extent that CLIENT provides COMPANY with credit card(s) information for payment of FEE on CLIENT’s account, COMPANY is authorized to charge CLIENT’s credit card(s)for any unpaid charges on the dates agreed to.
CLIENT MUST CONTACT COMPANY FIRST BEFORE FILING A DISPUTE OR MAKING A CHARGEBACK ON THE CARD THAT CLIENT USED FOR PAYMENT WITH CLIENT.
When you, the CLIENT, file a dispute or a chargeback, there could be significant fees involved. The COMPANY agrees to work with you to correct any fees you feel are incorrect.
If you bypass the COMPANY and file a dispute or a chargeback, the COMPANY WILL INVOICE YOU FOR THOSE FEES.
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.
LIMITATION OF LIABILITY
By using COMPANY’s services and enrolling in the PROGRAM, CLIENT releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from his or her participation in the PROGRAM. The PROGRAM provides education and teaching.
CLIENT accepts any and all risks, foreseeable or unforeseeable arising from the PROGRAM.
Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to CLIENT or to any third party is limited to the lesser of:
The total amount of money CLIENT paid to COMPANY.
All claims against the COMPANY must be filed with the entity having jurisdiction within 90 calendar days of the date of the first claim or otherwise be forfeited forever. CLIENT agrees that COMPANY will not be held liable for any damages of any kind resulting from or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of COMPANY’s services or enrollment in the PROGRAM.
CLIENT agrees that use of COMPANY’s services is at CLIENT’s own risk.
COMPANY recognizes and agrees that all of the COMPANY’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the COMPANY.
CLIENT shall defend, indemnify (insure and protect), and hold harmless the COMPANY, COMPANY’s shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the PROGRAM.
These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.
Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, COMPANY’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification.
DISCLAIMER OF GUARANTEE
CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS 100% RESPONSIBLE FOR HIS OR HER PROGRESS AND RESULTS FROM THE PROGRAM. CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS THE ONE VITAL ELEMENT TO THE PROGRAM’S SUCCESS AND THAT COMPANY CANNOT CONTROL CLIENT.
COMPANY makes no representations or guarantees verbally or in writing regarding the performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the PROGRAM will meet CLIENT’s requirements or that all CLIENTs will achieve the same results.
CHOICE OF LAW/VENUE
This AGREEMENT is governed and interpreted in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law.
The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the State of Denver, CO according to the rules of the American Arbitration Association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survived shall survive the termination of this AGREEMENT for any reason.
For Program Communities:
Please exercise restraint when sharing your ideas, business plans, names, logos, taglines, course ideas, etc. within each program. The COMPANY assumes no responsibility or liability for any intellectual property that you share voluntarily within the program for feedback.
Your intellectual property is valuable and these programs are an environment for sharing information, but what you share regarding your valuable intellectual property is done at your own risk.
COMMENTING & FEEDBACK
This program is a place to engage with other like-minded individuals and receive and give value to others. Positive constructive feedback is valuable and encouraged.
As a convenience to you, we may provide on this Site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site.
If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form are not maintained, controlled, or otherwise governed by the COMPANY.
The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the COMPANY. The COMPANY does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by the COMPANY.
Links do not imply that the COMPANY or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of the COMPANY or any of its affiliates or subsidiaries.
Except for links to information authored by the COMPANY, the COMPANY is neither responsible for nor will it be liable under any theory based on
- any Linked Site;
- any information and/or content found on any Linked Site; or
- any site(s) linked to or from any Linked Site.
If you decide to visit any Linked Sites and/or transact any business with them, you do so at your own risk. The COMPANY reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
This Agreement constitutes the entire agreement between the COMPANY and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the COMPANY with respect to this Site.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The COMPANY does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from the COMPANY solely through electronic transmission.
When you register and or voluntarily provide your personally identifiable information to the COMPANY, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the COMPANY. This consent is to receive notices electronically by way of email.
You may contact the COMPANY by emailing [email protected]