Terms of Service ACCEPTANCE OF TERMS Transforming From Within LLC, owner of www.nicolaulrichs.com (the “Website”) (referred to herein (“Coach,” "We," "Us", “Website” or "Company") provides its goods and services, including on any website and social media accounts under its control accessed by you (the “Service”), subject to the following Terms of Service (“TOS”), which may be updated by us from time to time. Your use of the website and its materials constitutes your agreement to all such terms, conditions, policies, and notices (the “Agreement”).
DESCRIPTION OF SERVICE In general, access to information and utilities of the Website requires no subscription or user registration. Notwithstanding the above, access to any of the paid services or products offered through the Website are be conditioned upon completion of the Coaching Agreement. For this purpose, the user guarantees the authenticity and veracity of all personal data provided to complete the form of subscription or registration. The user is responsible for maintaining the accuracy of all the information provided. Users are solely and exclusively responsible for their user identification and access to Services. This identification consists of secret code or password and user name. The Company is not responsible for the misuse of passwords of users for access to Services that require them and the consequences of any kind of misuse by users, your lost or forgotten, and misuse by unauthorized parties. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
MINORS The use of the services available on this Website by minors requires that they have permission from their parents, guardians or legal representatives previously obtained, which will be considered legally responsible for all acts performed by children in their care.
MODIFICATIONS TO SERVICE The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. The Company may change, add, or remove any part of this Agreement, or any other terms associated with the use of the website, at any time, by posting a notice of such changes to the Terms of Service page of the website. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the services after the notice is posted, you are indicating your acceptance of those changes.
INTELLECTUAL PROPERTY RIGHTS All materials on the Company website and offered by the Company in connection with the Service, including without limitation, names, logos, trademarks, slogans, service marks, images, graphics, photographs, illustrations, artwork, videos, course materials, methods and other elements making up the Service (the “Content”) are protected by trademark, trade dress, trade secret, copyright and other intellectual property rights owned and controlled by the Company. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, Content may not be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify any the Company Content. Any unauthorized attempt to defeat security features, or to utilize the Website for means other than its intended purposes is prohibited. The Company logos and product and service names are trademarks of the Company. All other trademarks appearing on the website are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. the Company will enforce its intellectual property rights to the fullest extent of the law. If you suspect that the intellectual property rights the Company are being misused please contact email@example.com as soon as possible.
RESTRICTIONS ON USE You agree to use the Website and the Company Content solely for your own non-commercial use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use the Company or its Content for any illegal purpose or in any manner inconsistent with these Terms of Service.
LINKS TO THIRD-PARTY WEBSITES Links to third-party websites at this site are provided solely as a convenience to you. If you use these links, you will leave this site. the Company does not control and is not responsible for any content of these third-party sites or any links contained therein. Thus, the Company does not accept any responsibility or endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this site, you do so entirely at your own risk.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. the Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. the Company MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, No advice or information, whether oral or written, obtained by you from the Company or through, or from, the Service shall create any warranty not expressly stated in the TOS. Information created by third parties that you may access on the website or through link is not adopted or endorsed by the Company and remains the responsibility of such third parties.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF the Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
NON-WAIVER The failure of the Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
INDEMNIFICATION You agree to indemnify, defend, and hold the Company harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
LETTERS, REVIEWS, OR OTHER SUCH COMMENTS OR MATERIALS Any comments, materials, or letters sent by you to the Company, including without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed. the Company shall have no obligation of any kind with respect to such Received Materials and the Company will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute, the Received Materials without limitation or restriction. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Company for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using such information, without compensation or any other obligations to anyone, including you.
HEADINGS FOR CONVENIENCE ONLY The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS Please report any violations of the TOS to firstname.lastname@example.org.
SEVERABILITY If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
ENTIRE AGREEMENT This Agreement and any other Terms of Service of service on the Company website constitute the entire agreement between you and the Company and govern your use of the Service.
REFUSAL OR DISCONTINUANCE OF SERVICE the Company reserves the right to refuse or discontinue service to any user for noncompliance with these Terms of Service.
CHOICE OF LAW AND FORUM The laws of the Texas will govern this Agreement. The laws of the Texas will govern any dispute arising from the terms of this agreement or breach of this agreement and you agree to personal jurisdiction by the state and federal courts sitting in Texas. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of, or in any way connected with, these Terms of Service and agree to submit to binding arbitration.
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