TERMS OF SERVICE
By clicking “Buy Now,” “Purchase,” “Enroll,” “Complete,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by Nique Lynn, and you are entering into a legally binding agreement with the Provider, subject to the following terms of purchase:
1. TERMS.
Upon execution of this Agreement, electronically, verbally, or otherwise, the Provider agrees to provide services in general accordance with the product, program, class, digital download, ebook, workbook and/or course (collectively known as the “Product”) as outlined on Provider’s Website, Sales Page, or other point of purchase. Additional services are not required to be provided.
2. PAYMENT AND REFUND POLICY.
User agrees to pay to Provider the purchase amount of $47 per month. All purchases are final and Provider does not offer refunds.
You may cancel at any time.
3. DISCLAIMERS.
User acknowledges that Provider does not warrant the accuracy of any information provided and is not liable for any losses whatsoever that User may suffer by relying on Provider’s advice or information. Provider makes no representation or warranty that the information provided within the Product, regardless of its source, is accurate, complete, reliable, current or error-free. Provider disclaims all liability for any inaccuracy, error or incompleteness in the Content.
User acknowledges that Provider has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of using, or relying on, the Product. User acknowledges Provider makes and has made no guarantees or promises whatsoever related to User’s results or outcomes based on User’s use of the Product. Testimonials, earnings, or examples provided as part of the Product or shown through Provider’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome as a result of using the Product. Through use of the Product, Provider may provide User with information relating to services and/or other products that Provider believes might benefit User, but such information is not an endorsement or recommendation. Provider is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided.
4. INTELLECTUAL PROPERTY RIGHTS.
Provider owns and will continue to own all of the trademark, copyright, and other intellectual property rights related to the Product. Nothing in this Agreement shall transfer ownership of intellectual property rights to the User.
User may use the intellectual property related to the Product to participate in the Product and for no other purpose. User may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Product or related intellectual property, in whole or in part, without the prior written consent of Provider.
You can use the product for yourself or your salon if you’re a salon owner but you can’t sell this as your own, can’t make an offer out of this, and can’t post these caption templates anywhere (internally or externally). We can also remove you from our offer at any time for any reason.
5. GOOD FAITH.
User and Provider represent and warrant to the other that they have acted in good faith, and agree to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
6. DISCLAIMER OF WARRANTIES.
The Product is provided to the User on an “as-is” basis, without any warranties or representations whatsoever, whether express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. There are not, and will not be any warranties created by a course of dealing, course of performance or trade usage.
7. LIMITATION OF LIABILITY.
USER AGREES THAT UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF USERS USE OF, PARTICIPATION IN OR RELIANCE ON THE PRODUCT. ADDITIONALLY, PROVIDER IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED BUT UNREALIZED PROFITS, ANY OTHER BUSINESS RISK, DATA BREACH, MISUSE OF DATA OR PERSONAL INFORMATION; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY OR ALL OF THE DAMAGES ABOVE, PROVIDER’S LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PROVIDER’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
8. DISPUTE RESOLUTION.
If a dispute under these Terms of Purchase is not resolved first by good-faith negotiation between the parties, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association (AAA). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place at an AAA office nearest to Pennsylvania or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
9. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, regardless of the conflict of laws principles thereof.
10. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
**ATTACHMENT A**
**DESCRIPTION OF SERVICES**
- Weekly Content Ideas
- Pre-written Captions
- Suggested Audio
- Hashtag and Keyword Lists
$47 / Month