TERMS & CONDITIONS (INCLUDING DISCLAIMER)
1. NOTICE/ACCEPTANCE OF TERMS
2. ACCESS TO THE SITE
In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. COMPANY makes no representations, warranties or assurances as to the availability of the Site.
3. RESTRICTIONS ON USE
You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information. These restrictions will apply except in cases where COMPANY otherwise agrees in writing or the person achieves Certification through Nicola Sinz Fernandes (COMPANY).
Without limiting the generality of the foregoing, you may not:
1. include such content in or with any product or service that you create or distribute;
2. reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
3. establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company;
4. copy such content onto your or any other Web site or publication; or
5. direct any other person to do any of the foregoing.
Nothing in this Agreement shall be construed as conferring any right under any intellectual property of COMPANY, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.
4. INTELLECTUAL PROPERTY
All COMPANY trademarks that appear on the Site are the exclusive property of COMPANY. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of COMPANY or the relevant trademark owner is strictly prohibited.
Any third party trademarks mentioned on this Site which are not those of COMPANY are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third party trademarks is strictly prohibited.
Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal, state or common law trademark and/or copyright laws, and could subject such person to legal action.
5. MODIFICATIONS TO SITE
COMPANY reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that COMPANY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. COMPANY endeavors to keep the information posted on this Site current, however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes.
6. THIRD PARTY LINKS AND ADVERTISING
This Site may provide links or references to other sites. If COMPANY has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that COMPANY is connected with, operates or controls these web sites.
COMPANY makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. COMPANY disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that COMPANY endorses the content of such sites. Where COMPANY is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.
COMPANY takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of COMPANY. You agree that COMPANY shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify COMPANY and its affiliates from and against any Claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to this Site, you must contact COMPANY before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or COMPANY, including its respective employees, agents, directors, officers and shareholders.
7. DISCLAIMER OF WARRANTIES
Except as expressly provided otherwise, COMPANY disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. COMPANY disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.
Any communications sent to you via this Site or otherwise from COMPANY (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, financial, investment, corporate, or tax information) are provided for informational and educational purposes only and are not intended to provide replacement for medical or psychotherapy consultations and should not be relied upon in that regard. Your circumstances and situation is unique. Therefore, you should continue to see your physician or other medical doctor and take your prescription drugs or supplements.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, COMPANY AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL. Furthermore listening to any audio recording or meditation from this site is at your own risk and you know that it is asked not to listen to them while driving or operating heavy machinery.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
8. LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. INFORMATION COLLECTED BY THIRD-PARTIES.
We may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with our website. Our website does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies.
10. ONLINE COMMERCE
By signing up/enrolling in a Workshop, Product or Service, you acknowledge and agree that Nicola Sinz Fernandes is not responsible for your results, earnings, future earnings or health as a result of our Workshop, Product or Service or give professional/medical advice. Your results in your life will be completely dependent on your understanding of the material and your effort to apply it. If paying by credit/debit card, you give Nicola Sinz Fernandes permission and authorization to automatically charge your credit or debit card as payment for your Workshops, Products, or Services. If you purchase a Training Program, Products, or Services using our payment plan option, you agree to pay the initial payment to secure your participation and also agree to begin payments on the date specified on the enrollment form. By using the enrollment form, you give Nicola Sinz Fernandes permission and authorization to automatically charge your credit/debit card every thirty (30) days until all payments are completed.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Workshops, Product or Services will not continue. If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from our Workshops, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Workshops, Products and/or Services.
When you purchase any Workshops, Product or Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.
You agree to only purchase these Workshops, Products or Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
Your satisfaction with your Workshops, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Workshops, Products and Services, you acknowledge that we do not offer refunds from the purchase date for any portion of your payment for any of our Workshops, Products, and Services. This policy does not apply to subscription products.
By using and/or purchasing any of our Workshops, Products and Services, you understand and agree that all sales are final and no refunds will be provided for any reason. All of the terms of this Terms and Conditions, including but not limited to all copyright, trademark, and intellectual property rights, remain indefinitely.
We reserve the right in our sole discretion to refuse or terminate your access to our Workshops, Products, Services and/or our Program Materials, Website, e-mail communications, or any other method of communications related to our Workshops, Products or Services at any time without notice. Should you or we wish to terminate the Workshops, Products or Services at any time, these termination terms will apply to you as well, even after termination by either of us. In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Workshops, Products, Services or our Website, e-mail or any or other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to Training Program Materials and the Training Programs, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.
We can’t guarantee your results, earnings, future earnings, health or physical changes as a result of this program or give professional/medical advice. Your results in your life will be completely dependent on your understanding of the material and your effort to apply it.
Furthermore this Site Does NOT Provide Psychological or medical Advice.
The contents of the Site, such as text, graphics, images, and information obtained from the Site’s licensors and other material (“Content”) contained on the Site, in sessions or in workshops is for informational purposes only.
The Content is not intended to be a substitute for professional psychological advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your mental health. Any application of the advice herein is at the reader’s own discretion and risk.
No individual should at any time use the information found on this Site, in sessions or in workshops for self-diagnosis, treatment, or justification in accepting or declining any treatment for any mental or emotional condition. You should never disregard professional advice, reach any personal conclusions, or delay in seeking advice because of something you have read on the Site or heard in a session or workshop.
Nicola Sinz Fernandes shall have no liability or responsibility to any person or entity with respect to loss, damage, inappropriate allegation, or injury caused or alleged to be caused directly or indirectly by the information contained in this Site. We assume no responsibility for errors, inaccuracies, omissions, or any inconsistency herein.
Nicola Sinz Fernandes
44 West 69th Street
New York, NY 10023
Last Edited on 9/26/19