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TERMS & CONDITIONS

Nerissa Malloy, LLC (“Nerissa Malloy LLC,” “We,” “Us,” “Our”) provides various business coaching services, products, and goods through this Website (the “Service”). This Service is offered subject to Your acceptance of these Terms as well as any relevant sections of the Nerissa Malloy, LLC Privacy Policy.

Please read these notice, terms, and conditions (“Terms”) carefully before using Our Service.

BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:

  • a) HAVE READ THESE TERMS,

  • b) UNDERSTAND THESE TERMS, AND

  • c) ACCEPT AND AGREE TO BE BOUND BY THEM.

You must be at least 18 years old to access this Website or to purchase products and/or Services from Us.

You agree that you are accessing the Services on Our Website for business purposes. If you are using the Service on behalf of an organization, You are agreeing to these Terms for that organization and confirming now to Nerissa Malloy LLC that you have the authority to bind said organization to Our Terms of Service (in which event, “You” and “Your” will refer to that organization).

If you do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time you are not willing to be bound by these Terms, You should:

  • a) click the “I do not accept” or similar button,

  • b) terminate any download and/or installation process,

  • c) immediately cease and refrain from accessing or using the program, and

  • d) delete any copies you may have.

ACCOUNTS

As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.

The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the “Content”) on this Website, or any part of such Content, or share your rights under these Terms to and with others.

You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that you will not

  • (i) select or use the login credentials of another person or company with the intent to impersonate that person or company; or

  • (ii) use login credentials in which another person or company has rights without such person’s or company’s authorization.

Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.

Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms.

You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.

You are responsible for all usage or activity on your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.

NO REFUNDS

Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, Nerissa Malloy LLC abides by a strict, no refund policy.

MERCHANDISE

There are no refunds on MERCHANDISE however, we are happy to replace items that have been damaged due to packaging. To receive a replacement, please email a picture of the damaged items to info@nerissamalloy.com with the subject line: Damaged Items and someone will contact you within 48 hours. 

DIGITAL FILES 

In the event you have difficulty locating the digital files , send us an email from the email that was used at checkout with the subject line: Digital Files. We will resend the files within 48 hours.

ONLINE COURSES, COACHING & PROGRAMS 

Due to the nature of the product, there are no refunds on online courses or live programs.

Please be advised that since we offer information products and delivery of knowledge cannot be reversed, if more than fifty percent of lessons have been viewed, we will not issue refunds. By accepting these Terms, You agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website.

VIP DAYS

Client accepts responsibility for booking a VIP day with Nerissa Malloy. Client is aware that if you choose to cancel, postpone or reschedule meeting,  you will lose your deposit. Meetings must be scheduled or rescheduled within 30 days of purchase and based on availability.

NO GUARANTEES

By accepting these Terms, You agree and understand that We provides seminars and business coaching services only and guarantee no specific results. You acknowledge that We make no promise or representation that You will make a certain amount of money, or any money, or that you will not lose money, as a result of using these Services.

Any earnings, revenue, or income statements viewable on this Website or our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. As with any business, Your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary.

There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.

In accepting these Terms, You acknowledge that You take full responsibility for your own success.

In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.

Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

AFFILIATE LINKS & DISCLOSURES

If we use affiliate links, which are links to our partners or sponsors who pay us if you signup or purchase from them, then we will tell you on the page we are linking to them from. Any action you take on another company’s site is up to you and you are solely responsible for your actions and purchases with them. If we are paid by an affiliate, it does not cost you any extra – they are compensating us for driving traffic to them. Often, we are able to get you discounts and trials to companies we like; and we only recommend companies we like.

CONSENT TO USE INFORMATION

By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your membership, for the following purposes:

  • (i) the processing of this membership application; and

  • (ii) the administration of the membership with our organization.

Please visit the Privacy Policy (http://www.nerissamalloy.com/privacy-policy) for further details on our data protection policy, including how You may access and correct your personal information or withdraw consent to the collection, use or disclosure of your personal information.

Additionally when You communicate with Us, send Us information, or provide Content to Us, You grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.

INTELLECTUAL PROPERTY STATEMENT

The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Nerissa Malloy, LLC, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.

By accepting these Terms, You further acknowledge and agree that We and Our third party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.

Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

LIMITATION OF LIABILITY

Under no circumstances, including but not limited to negligence, will we, our affiliates, or any of our licensors or suppliers, be liable for any special or consequential damages, lost profits, loss of use, loss of data, business interruption, legal noncompliance fines or penalties, lost opportunity, incidental, punitive or other non-direct compensatory damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability, or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us, or any of our licensors or suppliers, for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites, in the previous 12 month period prior to the date the claim accrued.

Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker or other third party content provider on our Sites or at one of our events.

We are also not responsible or liable for any loss or damage that is caused, or alleged to have been caused, to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.

TERMINATION

We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms. You may terminate any account You establish via this website at any time upon written notice to us.

MISCELLANEOUS

These Terms may not be modified or amended orally, impliedly, or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms.

We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.

Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

These Terms in all respects shall be governed by and construed according to the laws of the State of Maryland. The venue for any dispute shall be in the County of Prince Georges.

This Agreement is entered into in Lanham, Maryland. You agree and consent to the exclusive jurisdiction and venue of the state of Maryland and county of Prince Georges for any dispute arising from or related to this Agreement.

Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms.

This page subject to updates without notice.
If you have questions, please email us at info@nerissamalloy.com

Effective Date: December 30, 2020

 

 

DISCLAIMER

Success ain’t easy. We coached every one of our clients through fear, overwhelm, and challenges to find success. Your business is different, therefore your results will be different. If you are looking for “get rich quick” or “get rich easy” look elsewhere.

 

Every effort has been made to accurately represent our products and their potential. Even though this industry is one of the few where one can write their own check in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our products, ideas, and techniques. We do not purport any of our products to be a “get rich scheme”.

Your level of success in attaining the results claimed in our materials depends on the time you devote to our programs, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to the individual, we cannot guarantee your success or income level, nor are we responsible for any of your actions.

 

 

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