This Terms of Sale Agreement is a legally binding contract by and between NICOLE LILOIA INTERNATIONAL having a principal place of business at 18 Park View Avenue, Jersey City, NJ and Client of BIGGER BUSINESS BOOTCAMP (“Client”).
Client understands that they can contact Nicole Liloia at [email protected] to answer any questions or to explain this Agreement and the Refund Policy.
The period of this Agreement begins on the date of purchase and ends upon completion of BIGGER BUSINESS BOOTCAMP.
1. PAYMENT
I understand that I am responsible for paying NICOLE LILOIA INTERNATIONAL in full for BIGGER BUSINESS BOOTCAMP. Participant may lose access to the program if payments are missed or full payment is not completed by the due date.
Client shall: (i) pay NICOLE LILOIA INTERNATIONAL at the current standard rates, and (ii) pay NICOLE LILOIA INTERNATIONAL in full upon purchase, OR monthly. All payments pursuant to this Agreement are non-refundable. NICOLE LILOIA INTERNATIONAL reserves the right to place further services on hold until any outstanding invoice is paid and to invoice Client ten percent (10%) annual interest rate for any outstanding, undisputed invoice not paid within thirty (30) days after receipt.
Your credit/debit card details are not handled by NICOLE LILOIA INTERNATIONAL. All payment and all credit card handling is through a third party. Authority for payment must be given at the time of placing your order.
2. FEES
The fee for BIGGER BUSINESS BOOTCAMP includes the following two options: 1 payment due in full at time of purchase or a payment plan. If you choose the Payment Plan option, you are responsible for all payments.
PLEASE NOTE: This is not a monthly membership program with the option to cancel further monthly payments. The Payment Plan option is simply the opportunity to split your payment.
3. METHODS OF PAYMENT
If Client elects to pay by monthly installments, Client authorizes NICOLE LILOIA INTERNATIONAL to charge Client’s credit card, debit card or PayPal account (whichever method was used for the initial payment). If Client elects to pay in FULL, Client may pay by credit card, debit card, or PayPal.
Client must provide current, complete, and accurate billing and credit card information. Client must promptly update all billing information (such as billing address, card number, and expiration date) to keep their account current, complete, and accurate, and must promptly contact NICOLE LILOIA INTERNATIONAL if their credit card is lost or stolen, or if they become aware of a potential breach of account security (such as an unauthorized disclosure or use of their Sign-In Name or Password). Client hereby authorizes NICOLE LILOIA INTERNATIONAL to obtain or determine updated or replacement expiration dates for their credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer or PayPal account, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
4. REFUND POLICY
Due to the extensive time involvement in the BIGGER BUSINESS BOOTCAMP program, refunds will not be given.
We are completely devoted to your success. If during the program you need help or support, ask and we will do our best to accommodate you. By investing in your business and making a commitment to yourself you are more likely to succeed. Because of this, the intimate nature of the group and limited availability of spaces in this program, no refunds are available.
5. CANCELLATION OR POSTPONEMENT
If NICOLE LILOIA INTERNATIONAL cancels the upcoming session of BIGGER BUSINESS BOOTCAMP before it begins, Client is entitled to a full refund of all paid program fees within 10 business days. Postponement by NICOLE LILOIA INTERNATIONAL of a scheduled start date for any service, program, or course shall not entitle Client to a cancellation of this Agreement. Client will be guaranteed a reservation in the next scheduled start date for that program.
6. PARTICIPANT ACKNOWLEDGEMENT
This Agreement shall constitute the entire agreement between Client and NICOLE LILOIA INTERNATIONAL. Client understands and agrees that this Agreement supersedes any prior or contemporaneous oral or written agreements or statements and may not be modified without the written consent of NICOLE LILOIA INTERNATIONAL. Client also understands that this Agreement constitutes a binding contract upon purchase of BIGGER BUSINESS BOOTCAMP.
7. USE OF RECORDINGS
Please note that coaching calls, webinars, or other audio or visual services may be recorded and can be used in the future by NICOLE LILOIA INTERNATIONAL for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to [email protected]
8. CONFIDENTIALITY
As part of BIGGER BUSINESS BOOTCAMP, Client and NICOLE LILOIA INTERNATIONAL agree to hold any Confidential Information received from the other in the strictest confidence.
Client also agrees to hold every other participant’s Confidential Information in the same strict confidence as required between NICOLE LILOIA INTERNATIONAL and its BIGGER BUSINESS BOOTCAMP participants. Information shared in Facebook groups, on calls, in video conferences, or any other means shall be maintained as confidential.
9. ACCESS TO PROGRAM MATERIALS and FACEBOOK GROUP
Client will have access to all materials for the duration of the program. In the event NICOLE LILOIA INTERNATIONAL discontinues the program, Client will be given fair notice in order to download any materials. Bonuses can be ended at any time. NICOLE LILOIA INTERNATIONAL reserves the right to keep the Facebook group open for a longer period, but this in no way waives the right to close it at a future date. NICOLE LILOIA INTERNATIONAL also reserves the right to transfer the private Facebook group into a paid option at the end of the program.
THIRD PARTY MATERIALS AND WEBSITES
NICOLE LILOIA INTERNATIONAL may provide links to third-party materials and websites and establish a facebook group as a convenience to you and other participants. These third party materials and websites are not part of the Bigger Business Bootcamp program and may be either withdrawn or terminated at any time without any liability on the part of NICOLE LILOIA INTERNATIONAL. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition you agree that NICOLE LILOIA INTERNATIONAL is not responsible for examining and evaluating the content and accuracy of any third party material and websites.
10. NO GUARANTEE OF RESULTS
Client EXPRESSLY AGREES THAT THEIR USE OR INABILITY TO USE BIGGER BUSINESS BOOTCAMP IS AT Client’S SOLE RISK. The content of BIGGER BUSINESS BOOTCAMP is for informational purposes only. By purchasing participation in BIGGER BUSINESS BOOTCAMP you accept, agree and understand that you are fully responsible for your progress and results and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our clients, customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
11. INTELLECTUAL PROPERTY
By accepting this Agreement, Client acknowledges and agrees that all content presented within BIGGER BUSINESS BOOTCAMP is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of NICOLE LILOIA INTERNATIONAL and/or its Affiliates.
You are only permitted to use the content as expressly authorized by NICOLE LILOIA INTERNATIONAL or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content or information from BIGGER BUSINESS BOOTCAMP in any form or by any means without prior written permission from NICOLE LILOIA INTERNATIONAL or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available within. Any unauthorized use of the materials referred to may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
12. GENERAL INFORMATION AND UNDERSTANDINGS
NICOLE LILOIA INTERNATIONAL warrants that it has the right to provide BIGGER BUSINESS BOOTCAMP and will use all reasonable skill and care in making it available to Client and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and NICOLE LILOIA INTERNATIONAL does not give any other warranties in respect of BIGGER BUSINESS BOOTCAMP.
NICOLE LILOIA INTERNATIONAL is continually seeking to improve BIGGER BUSINESS BOOTCAMP. NICOLE LILOIA INTERNATIONAL reserves the right, at its discretion, to make changes to any part of BIGGER BUSINESS BOOTCAMP provided that it does not materially reduce its content or functionality.
13. REPRESENTATIONS AND WARRANTIES
Each party warrants that:
(i) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable against either party in accordance with its terms;
(ii) They have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform their obligations under this Agreement, without the approval or consent of any other party; and
(iii) They have sufficient right, title, and interest in and to the rights granted in this Agreement.
NICOLE LILOIA INTERNATIONAL warrants that the Services will be performed in a professional manner in accordance with recognized industry standards. To the extent Services provided are advisory, no specific result is assured or guaranteed.
NICOLE LILOIA INTERNATIONAL EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER NICOLE LILOIA INTERNATIONAL EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.
14. LIMITATION OF LIABILITY
MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY Client FOR THE SERVICES, COURSE OR PRODUCT FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL NICOLE LILOIA INTERNATIONAL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
15. INDEMNIFICATION
You agree to indemnify and hold harmless NICOLE LILOIA INTERNATIONAL and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
You will immediately notify NICOLE LILOIA INTERNATIONAL of any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints, email deployment, and violations of CAN-SPAM.
NICOLE LILOIA INTERNATIONAL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
16. ASSIGNMENT
Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).
17. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of the State of NJ without regard to the conflicts of laws and principles thereof. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in Hudson County, NJ.
TERMINATION
Company is committed to providing all Clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
DISPUTE RESOLUTION
Any cause of action brought by Client against NICOLE LILOIA INTERNATIONAL must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of NJ and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in NJ; and (iv) the parties will submit the dispute to mandatory mediation held in NJ or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. Every mediation will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial.
In no event shall NICOLE LILOIA INTERNATIONAL be liable for any consequential, punitive or multiple damages of any kind.
19. FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
GENERAL
Company may modify terms of this Agreement at any time. All modifications shall be posted on the Program’s website and Clients shall be notified.
(b) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
(c) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
(d) The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
CONTACT INFORMATION
If you have any questions or concerns, please contact NICOLE LILOIA INTERNATIONAL by email at [email protected].