Terms of Service

Introduction

The Terms and Conditions (“Terms”) describe how Come Alive Collective LLC in Colorado (“Company,” “we,” and “our”) regulates your use of this website https://nicole-silver.com (the “Website”). Please read the following information carefully to understand our practices regarding your use of the website. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the website frequently to see the actual version of the Terms and their previous versions.If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.

Privacy Policy

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the website you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

Coaching Terms and Conditions

In the spirit of good practice, when you are purchasing Come Alive coaching, Courses, or workshop services from me I ask you to confirm that you have read and agreed to each statement below and that you wish to proceed.

All services and communication, email or otherwise, delivered by myself, Nicole Silver, as well as information on this website (nicole-silver.com) are meant to help you come alive to the joy of your authentic self and thrive. Coaching is not a substitute for professional mental health care or medical care. As I view it, coaching is meant to be done when major emotional and psychological wounds are already healing or healed.

The term ‘coaching’ as used here covers life coaching, personal coaching, spiritual coaching and group coaching or Come Alive Courses (herein referred to as "Course") for clients.

Nicole is continually striving to ensure the standard of service she provides to her clients remains excellent. At the end of the coaching process, or series of coaching sessions, the client will be asked to complete a feedback form.

Come Alive Collective LLC (herein referred to as “Company”) agrees to provide Come Alive Coaching services (herein referred to as “service”) identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

DISCLAIMER

I understand that the coaching services I will be receiving from my Coach in either one-on-one or group settings such as a Come Alive Course are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that my coach is not acting as a mental health counselor or a medical professional.

For legal purposes, I understand that coaching is currently an unregulated industry and that my Coach is not “licensed” by any U.S.A. body.

I understand and agree that I am fully responsible for my own well-being during my coaching sessions, and subsequently, including my choices and decisions.

I understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and I will not use it in place of any form of therapy.

I understand that all comments and ideas offered by my Coach are solely for the purpose of aiding me in achieving the defined goals I create with my Coach. I have the ability to give my informed consent, and hereby give such consent to my coach to assist me in achieving such goals and understand that results are not guaranteed.

I understand that to the extent our work together involves career or business, my Coach is not promising outcomes included but not limited to increased clientele, profitability and or business success.

I understand that my Coach will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement is limited in this capacity. Furthermore, if my Coach is ordered by a court to provide information or to testify, she will do so to the extent the law requires.

I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, Skype and other technology.

I hereby release, waive, acquit and forever discharge my Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the coaching relationship contemplated by this agreement.

I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.

TERMS AND CONDITIONS

The coaching schedule will be arranged between Nicole and the client and can be booked up to 2 weeks in advance. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.

The number and frequency of a coaching session or Come Alive Course is stated on the website under the Come Alive Coaching path or Come Alive Course chosen by the client, and will take place as determined by Nicole and the client, and confirmed by Nicole by email or written correspondence via Acuity scheduling.

In return for the fees payable by the client (or by a third party on their behalf), Nicole agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).

The date that the first coaching or Course session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact Nicole to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first coaching session or Come Alive Course session constitutes acceptance of these terms and conditions.

FORMAT OF SESSIONS

Via Skype (coach calls client); via Zoom; or other format where such is agreed. Unless otherwise agreed, for Skype sessions the coach is responsible for telephoning the client at agreed times. The client is responsible for ensuring that she is available for the session at agreed times, and is on time for each session.

The length of each session is as agreed between Nicole and the client before coaching sessions commence, but will typically last for 60 minutes.

SESSION FEES

In the interest of full transparency, fees are laid out clearly on the website or in email form and will differ according to which service the client has chosen. Fees are per month and are deducted automatically. Or for the Come Alive Courses, fees occur only once and are paid in full before the first Course session, unless previously agreed by Nicole and the client.

DATES AND TIMES OF COACHING SESSIONS

The date and time of the first session and any subsequent session will be agreed between Nicole and the client via Acuity scheduling or in written form.

Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rescheduling Sessions”.

DATES AND TIMES OF COURSE SESSIONS

Dates and times of Course sessions are clearly written on website. By purchasing the service, Client agrees to attend all sessions to the best of their ability. In the event that they cannot attend one of the week's sessions, no refund or partial refund will be granted.

PAYMENT TERMS

Fees can be paid online by debit or credit card using the payment systems on Nicole’s website. Where receipts are requested by the client, they will be sent by e-mail.

Fees are payable in advance of each coaching, Course, or workshop session unless otherwise agreed. Where payment has not been received by Nicole in advance of a coaching session, Nicole is not obliged to provide the session.

Where payment is required on receipt of invoice rather than in advance, a charge may be levied for late payment.

BETWEEN SESSIONS

Nicole may assign the client tasks or exercises (aka homework) to complete between coaching or Course sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired personal or business outcomes.

The client may message Nicole via Skype or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment).

RESCHEDULING COACHING SESSIONS

This deserves space all on its own: Keep your scheduled appointment. If you have not done the ‘homework’ or are feeling off, this can be the perfect opportunity for real growth and transformation in a coaching session.

Prioritize and protect the time you have scheduled with Nicole. Be consistent as much as possible as a way to build momentum and trust in yourself and the process.

If a client needs to rearrange a coaching session, they should provide at least 24 hours notice. In exceptional circumstances Nicole may need to rearrange a coaching session. In those instances she will also give the client 24 hours notice where practical.

To reschedule an appointment with more than 24 hours’ notice, go to your Acuity scheduler and find a new time and day. 

Keep in mind, however, that the agreement in taking this coaching path is that the client has committed to a session taking place every single week for three months (for the Mind, Body & Spirit path), or for six months (for the Higher Purpose path), unless in exceptional circumstances, communicated to Nicole in advance in a timely fashion such as death of a loved one, debilitating illness or loss). There will be one week off for the Mind, Body, & Spirit Path, determined and agreed upon by Nicole and the client, and two weeks off for the Higher Purpose Path (not in consecutive order except in very rare cases) determined and agreed upon by Nicole and the client. The client is responsible for being present to each weekly session.

Where a client pays for a session or sessions in advance they must have the coaching session(s) that they have paid for within the time allotted for their coaching path (either three or six months as defined by their coaching path) from the first session or their fee is forfeited. Nicole will offer two weeks grace to complete the coaching paths if it has already been agreed upon by the client and Nicole.

If a client is later than 10 minutes for an appointment, the appointment is automatically cancelled and cannot be re-done unless under exceptional circumstances or without prior notice of exceptional circumstances made well in advance of the appointment.

CONFIDENTIALITY

Personal information or business information supplied by clients in coaching or Course sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.

NO TRANSFER OF INTELLECTUAL PROPERTY

Company’s coaching and program is copyrighted and original materials that have been provided to client are for client’s individual use only and a single-user license. Client is not authorized to use any of Company’s or Nicole’s intellectual property for client’s business purposes or any other purposes beyond Client’s individual personal growth. All intellectual property, including Company’s copyrighted texts, emails, documents, surveys, and/or course materials shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this service, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company and Nicole is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, client agrees that if client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

EARLY TERMINATION

In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behavior by the client, actual or potential conflict of interest, or other reasons, Nicole can decide to terminate the service to the client early or refuse or be unable to provide further coaching or Course sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Nicole where practicable and will be refunded any advance payments made for coaching or Course sessions not yet provided.

RESPONSIBILITIES

Coaching and Course sessions are for educational purposes only. Client agrees and accepts that client is 100% responsible for their own results and progress made during their Come Alive journey. Nicole will seek to empower the client to improve their quality of life or their levels of joy and fulfillment and to achieve their desired goals. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client is solely responsible for taking important decisions in their life or business. Nicole has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve their desired outcomes or goals.

REFUND POLICY AND COACHING AGREEMENTS

Courses, Workshops, and One-on-One Coaching are NON-Refundable. By Agreeing to the Terms of Service, you fully understand that any payments made for a Course, Workshop, or One-One Coaching is NON-Refundable. If you are unable to attend a Course or Workshop that you have paid for and you give 15 days notice, half of your payment will be returned. Otherwise, these Purchases Can NOT Be Refunded Under Any Circumstances. And By Agreeing To The Terms And Conditions of Nicole-Silver.com You Release This Company From Any Legalities or Disputes. You Agree That You Are Fully Responsible For Your Purchases And Forfeit The Right To A Refund In Any And All Forms. Come Alive Coaching (Body, Mind, & Spirit or Higher Purpose Path) are either a three or six month long contractual agreement respectively – it cannot be broken. If you are invited to participate in either of the intensive Come Alive Coaching Paths and you agree to participate – you are fully responsible to complete this training. There are no exceptions. Your time-slot will be protected – and your coaching will proceed accordingly. You are fully responsible for completing the coaching path in its entirety. The agreement may be altered per direct approval of Nicole Silver, but the agreement may NOT be broken. Extensions and modifications for payment and meeting may be discussed if necessary, but should you prematurely terminate this training – you will lose all access to related materials, forfeit any and all bonuses, supplemental tools, or training related materials. This agreement is final. If you agree to participate in Come Alive Coaching, you are fully responsible for completing the training. Again, there are no exceptions.

VARIATION OF TERMS AND CONDITIONS

Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Nicole and the client and confirmed by Nicole in writing by email or letter. In other cases, Nicole may change any of these terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by letter or e-mail of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Nicole.

INDEMNIFACTION

Client shall defend, indemnify, and hold harmless Nicole and the Company, Company’s employees, affiliates, and successors from and against any and all liabilities and expense whatsoever—including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s) or services, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s owners, shareholders, trustees, affiliates, and successors shall not be held personally responsible

FEEDBACK

Feedback about the service is welcomed and can be given during a coaching session or by sending an email to Nicole.

Site Terms of Use Modifications

Nicole-Silver.com may revise these Terms of Use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use. 

General Notice

All files and information contained in this Website or Blog located at https://nicole-Silver.com are copyright by Come Alive Collective LLC, and may not be duplicated, copied, modified or adapted, in any way without our written permission. Our Website or Blog may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Blog or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Come Alive Collective LLC. Our Content, as found within our Website, Blog and Services, is protected under local and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

Enforcement of copyright

Come Alive Collective LLC takes the protection of its copyright very seriously. If Come Alive Collective LLC discovers that you have used its copyright materials in contravention of the license above, Come Alive Collective LLC may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs. If you become aware of any use of Come Alive Collective LLC’s copyright materials that contravenes or may contravene the license above, please report this to us immediately. Copyright © Come Alive Collective LLC 2020. All Rights Reserved

Terms of Use

Effective as of February 4, 2020. Welcome to the Come Alive Collective LLC (the “Service”). The following Terms of Use apply when you view or use the Service located at: https://nicole-silver.com. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances: post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; use the service for any unlawful purpose or for the promotion of illegal activities; attempt to, or harass, abuse or harm another person or group; use another user’s account without permission; provide false or inaccurate information when registering an account; interfere or attempt to interfere with the proper functioning of the Service; make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:You are solely responsible for your account and the activity that occurs while signed in to or while using your account;You will not post information that is malicious, false or inaccurate;You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; andYou hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under the law. If you become aware of misuse of our Service, please contact us at https://nicole-silver.com.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, the Company may provide you with convenient links to third party web site(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the”Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringe Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.(b) Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the Company’s designated copyright agent at Come Alive Collective LLC: The date of your notification; A Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:Your physical or electronic signature;A description of the content that has been removed and the location at which the content appeared before it was removed;A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the laws of Colorado and a statement that you will accept service of process from the person who provided notification of the alleged infringement.If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and business names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to Come Alive Collective LLC. Opting out may prevent you from receiving messages regarding the Company or Special Offers.

WARRANTY

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.These Terms of Use and your use of the Site are governed by the laws of Colorado, without regard to conflict of law provisions.The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://nicole-silver.com REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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