Terms and Conditions
Please read these Terms and Conditions carefully. You must agree to these Terms and Conditions before you are permitted to use the Nina Gates website.
If you do not agree with these Terms and Conditions, you may not use the Website. As used in these Terms and Conditions, the term “Releasees” is defined to include the following: (i) Nina Gates (ii) subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”"We""the Artist"); (iii) any Company volunteers.
Intellectual Property Rights
1. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property (the "Content") accessible on or through the Nina Gates website, and contained in e-mails sent to you by Nina Gates, is property of Nina Gates and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
2. All rights not expressly granted in these terms or any express written license, are reserved by Nina Gates.
3. Username and Password
To access certain features of the website, including any private membership areas, you may need a username and password. It is your responsibility to inform the Company before the start date if you have problems with your email and password. You agree to keep your username and password confidential. During the registration process, you agree to provide true, accurate, current and complete information about yourself.
4. The website and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. The website and Content does not prevent, cure or treat any mental or medical condition. The website and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained on the website or in the Content.
5. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
6. You acknowledge that in engaging Company services you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the website or Content, any meeting or coaching or other, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
7. In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the amount paid to Nina Gates to engage the Content, service, meeting or program.
8. Earnings and Results Disclaimer: You agree that Nina Gates has not made and does not make any representations about the earnings or results you may receive as a result of your participation in any coaching, classes, or workshops. Nina Gates cannot and does not guarantee that you will achieve any particular result or earnings from your use of the programs, and you understand that results and earnings differ for each individual.
9. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although We may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. We may share or post affiliate links, which means that We may receive a commission, at no cost to you, if you make a purchase using these links.
10. Artwork listed for sale on the website may be withdrawn from sale at any point by the artist for reasons such as, but not limited to, sale elsewhere or withheld for exhibition display.
11. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, INCLUDING ITS CONTENT, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE.
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
14. Legal Disputes
15. Users Outside United States
The Nina Gates website is controlled and operated from offices in the United States. The Company does not represent that the website or its Content are appropriate or available for use in other locations. People who choose to access the website or Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, release, and hold harmless Nina Gates, the Company, and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the website or Content in violation of these Terms and Conditions, (ii) any breach by you of these Terms and Conditions or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the website or Content or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
17. Force Majeure
Nina Gates shall not be deemed in breach of this Terms and Conditions if the Company is unable to complete a task or agreement or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay and shall propose revisions to the schedule for completion of the task or other accommodations, or may terminate this Terms and Conditions.
18. General Provisions
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This Terms and Conditions supersedes all prior written and oral representations.
By using the website or booking an online meeting you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. If you do not agree with these Terms and Conditions, do not use the website or Content and leave the website immediately.