Terms & Conditions

 

Welcome to Nicole Parkes Coaching, LLC.

 

These Terms and Conditions (“Terms”) govern your use of Nicole Parkes Coaching’s website (“Website”).  By accessing or using this Website you accept these Terms and accept the terms of our Privacy Statement.  You should carefully review our Privacy Statement before using this Website.  Do not continue to use Nicole Parkes Coaching’s Website if you do not accept all of the Terms.

 

The following terminology applies to these Terms, our Privacy Statement and any disclaimer notices: "Client", "You" and "Your" refers to you, the person accessing this Website. "The Company", "Ourselves", "We", "Our" and "Us", refers to Nicole Parkes Coaching, LLC. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves.

 

Intellectual Property

 

Nicole Parkes Coaching and/or it's licensors own this Website, including all of its contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and all intellectual property rights therein.  All intellectual property rights are reserved. You may view, download or print pages from our Website for your own personal, non-commercial use subject to restrictions set in these Terms. You are prohibited from modifying, distributing or broadcasting the content of this Website and from modifying, removing or obscuring any copyright or other proprietary notices contained on this Website or in its contents.

 

Restrictions

 

You may use the Website only for lawful purposes and in accordance with these Terms.  You must not:

  • Access or use any part of the Website for any commercial purpose

  • Republish material from our Website

  • Sell, rent or sub-license material our Website

  • Reproduce, duplicate or copy material from our Website

  • Redistribute content from our Website

  • Engage in conduct that restricts or inhibits anyone’s use or enjoyment of this Website

  • Use this Website in any manner that violates applicable law

  • Use this Website in any manner that causes, or may cause, harm to us, this Website, or any other person or entity

  • Engage in data mining, data harvesting, or similar activity in relation to this Website

  • Use this Website to send, knowingly receive, upload, download, use or re-use any materials that does not comply with our standards for user Comments

  • Impersonate or attempt to impersonate BodyLove Dance, any of its employees, or any other user or person associated with BodyLove Dance

 

User Comments

 

Certain parts of this Website offer the opportunity for users to post and exchange text, images, video, or other material (“Comments”).  We do not control Comments posted to this Website.  We do no guarantee that any Comments are truthful, accurate, suitable or non-objectionable.  We are not responsible or liable for Comments.  Nicole Parkes Coaching has a right, but not an obligation, to monitor Comments, remove any Comments for any reason at any time in our sole and absolute discretion, block your ability to access this Website or post Comments, and disclose Comments and the identity of the person who posted it in response to any legal process, comply with a court order, cooperate with law enforcement, prevent a crime, or protect the rights of Nicole Parkes Coaching or others. 

 

You, and not Nicole Parkes Coaching, are personally responsible for the Comments you post.  Comments must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Statement.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

You hereby grant to Nicole Parkes Coaching an irrevocable, worldwide, non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

If you believe any Comments violate your copyright, please contact us using the information below.

 

Any feedback you provide to us is and will remain our exclusive property.  When you submit feedback to us, you assign to us all rights, title and interest in and to your feedback.  We may use, copy, publish, display, perform, disclose, modify, practice, exploit and commercialize any feedback you submit for any purpose, without restriction and without compensation to you.

 

Reliance on Information Posted

 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

           

Linking to our Website

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

 

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.

  • Send emails or other communications with certain content, or links to certain content, on this Website.

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our discretion.

           

Links from this Website

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Disclaimer

 

THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER NICOLE PARKES COACHING NOR ANY PERSON ASSOCIATED WITH NICOLE PARKES COACHING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER NICOLE PARKES COACHING NOR ANYONE ASSOCIATED WITH NICOLE PARKES COACHING REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, NICOLE PARKES COACHING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

NOTHING CONTAINED ON THIS WEBSITE SHALL BE CONSTRUED AS PROVIDING CONSULT OR ADVICE TO YOU.

 

Limitation of Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL NICOLE PARKES COACHING, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT (INCLUDING BUT NOT LIMITED TO USER CONTENT AND THIRD PARTY CONTENT) ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

 

You agree to defend, indemnify and hold harmless Nicole Parkes Coaching, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

 

Products and Services

 

All products on this sight are for personal use only. Any Nicole Parkes Coaching practices or products are not intended to be used in place of medical treatment or diagnosis. Nicole Parkes Coaching is not liable for any injuries sustained.  You should consult your physician before participating or engaging in any physical activity. Nicole Parkes Coaching is not liable for your wellbeing or mental-health. The products and services offered through Nicole Parkes Coaching are meant to be used as another healing tool, used in conjunction with other medical and mental-health care professionals.

 

Severability and Waiver

 

If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.  No waiver of by Nicole Parkes Coaching of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nicole Parkes Coaching to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

Changes to Terms

 

Nicole Parkes Coaching reserves the right to revise these Terms at any time.  The changes will be effective as of the date we post a revised version on the Website.  Your continued access to and use of this Website after we post the revised Terms constitutes your agreement to be bound by the revised Terms.  You are expected to review the Terms on a regular basis to ensure you understand all terms and conditions governing your use of this Website.

 

Assignment

 

Nicole Parkes Coaching shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

Entire Agreement

 

These Terms, together with our Privacy Statement, legal notices and disclaimers on this Website, constitute the entire agreement between Nicole Parkes Coaching and you with respect to this Website and supersede all prior agreements and understandings with respect to this Website and your use of this Website.

 

Governing Law and Jurisdiction

 

These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of laws provisions.  All actions and proceedings arising out of or relating to these Terms shall be instituted exclusively in the state courts of Virginia located in Williamsburg, Virginia or the United States District Court for the Eastern District of Virginia, Newport News Division located in Newport News, Virginia.  You irrevocably submit to the personal jurisdiction of such courts.  We do, however, retain the right to bring any action against you for breach of these Terms in the jurisdiction of your residence or jurisdiction where we believe infringement of these Terms is taking place.

 

Contact Information

 

If you have questions or comments, you may contact us at: hello@nicoleparkescoaching.com