Effective as of July 30, 2020.
The terms "I", "me", "we", "us", "my" and "our" refer to the website (www.nicolerungo.com) and the owner of the website (Nicole Rungo).
The term “you” and "your" refers to anyone who uses, visits and/or views the website. It also refers to anyone who subscribes and signs in to become a member of the site.
Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates.
You must not access or use the website if you do not wish to be bound by these Terms and Conditions.
It is your responsibility to periodically check the website for updates.
All information and content on this website are intended for individuals over the age of 18.
Children under the age of 18 are prohibited from using this website.
I am dedicated to respecting the privacy of your personal information.
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions.
Please review our Disclaimer Policy for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly forfeit your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services.
In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be interpreted in accordance with the rules and regulations constructed by the law.
You agree to consent and submit to the jurisdiction federal courts without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.
You agree to resolve any disputes or claims first through mandatory arbitration and shall bear the full cost of arbitration as permitted by law.
Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure.
You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
All content on this website, created by me or any third party for this website, including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) are owned by me and is protected by copyright, trademark and other intellectual property and unfair competition laws.
You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent.
You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions
You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on the website.
Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
As mentioned above, you own the intellectual property rights in any such content that you create and share on the website.
For any Content or information that you upload, display, post, transmit, send, email or submit to me on the website or on any of my social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant me and/or my successors, joint venture partners or anyone else working with me a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on my website and on any of my social media sites for any purpose. You can terminate this license at any time by deleting its content or account. However, the content will continue to appear if you have shared it with others and they have not deleted it.
You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to me.
You agree to not upload, display, post, transmit, distribute, send, email or submit to me on the website or on any of my social media sites any information or Content that is:
Illegal, violates or infringes upon the rights of others;
Defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening;
Encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law;
Distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law;
Any attempts to gain unauthorised access to any portion or feature of the website;
Send unsolicited or unauthorized material or cause disruption in the operation of the website.
You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.
THIRD PARTY LINKS
The website may contain links to third-party websites or resources for your convenience.
I may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; however, I do not own or control these third-party websites.
Once you click on a third party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites.
You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party.
We shall not be liable for any damages resulting from your use of these third-party websites or resources.
I reserve the right in my sole discretion to refuse, remove, restrict your access, revoke and terminate your use of my website including any or all Content published by you or me at any time for any reason, without notice.
Shall you delete/terminate your account or contract/agreement with us, you agree that the content you delete may remain in backup copies for a limited time and will remain visible if others have shared it.
All sales of products and/or services on this website are final. No refunds will be issued.
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW.
THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE.
THE WEBSITE MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE.
THE WEBSITE DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of the website shall be limited to the greatest extent permitted by applicable law.
LIMITATION OF LIABILITY
You agree that under no circumstances, I and/or my joint venture partners or anyone else working with me shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that I and/or my joint venture partners or anyone else working with me shall not be liable to you for any damages resulting from:
Any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures;
Any loss of income, use, data, revenue, profits, business or any goodwill related to the website;
Any theft or unauthorized access by third-party of your information from the website regardless of our negligence;
Any use or misuse of the information, products and/or services offered here. This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability.
You agree that I provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
You agree to indemnify and hold the website and/or its joint venture partners or anyone else working with me harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from:
Actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives;
All your actions and use of the website including purchasing products and services;
Violation of any laws, rules, regulations or ordinances by you;
Violation of any terms and conditions of this website by you or anyone related to you;
Infringement by you or any other user of your account of any intellectual property or other rights of anyone. The website will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals I may have had with you whether electronic, oral or written.
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement.
The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
For any questions, please contact me at