Nikka Karli Terms of Service (“Agreement”)
This Agreement was last modified on May 24, 2018.
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.nikkakarli.com (“the Site”) operated by Nikka Karli (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.nikkakarli.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
SEX MAGIC WOMAN™ TERMS & SERVICES PROVIDED
MONTHLY COACHING CALLS
Each month around the Full Moon, there will be live coaching call with Nikka Karli. Participants are invited to join and participate in these group coaching calls. Space to receive coaching may be limited, depending on how many participants call in each month.
Replays will be emailed within 24-48 hours after the call.
Call times and days are subject to change. If call times and dates change, you will receive an email notice or posting in the Mightybell community 24 hours in advance.
If Nikka Karli is unable to host the call due to extenuating circumstances, she will have a guest mentor run the call or will reschedule.
PRIVATE MIGHTYBELL GROUP
Participants are encouraged to join the private SEX MAGIC WOMAN™ Group. The group is the place for you to connect with one another. Nikka Karli will engage in the group most days as well, but coaching and guidance will take place on the weekly calls.
LIMITATIONS OF SEX MAGIC WOMAN™
Participation in the Program does not guarantee any direct consultations with Nikka Karli either on the group coaching calls or through the private SEX MAGIC WOMAN™ Mightybell Group.
You agree that your participation in the Program confers upon you no rights to use, ownership or copyright. You release Nikka Karli and Stalking the Moon™, and their employees, agents, and assigns from all liability which may arise from any and/or all claims by you or any third party in connection with your participation in the Program.
You understand that Nikka Karli and Stalking the Moon™ have the unlimited rights to edit, use, broadcast or sell any ideas that Participants contribute to the Program.
The cost for the Program is subject to change.
If you choose the payment plan, your credit card will be automatically charged every 30 days.
If for some reason your monthly payment cannot be processed successfully, you will contacted to update your information. If you do not update your information, you will be removed from the Program with a 48-hour notice.
Participants will be given a thirty-day notice if the price of the Program increases or changes. Price increases will not affect previous agreements.
This is curated soul guidance and mentorship. You will get out of it what you are willing to put into it. As such, Nikka Karli and Stalking the Moon™ maintain a no-refund policy. You are welcome to enjoy the multitude of free content on nikkakarli.com and across social media platforms if you are not ready to participate.
RIGHT TO TERMINATE PARTICIPATION
Nikka Karli and Stalking the Moon™ may, in its sole discretion, remove a Participant if that Participant:
-Displays any conduct which is disruptive, abusive, threatening or otherwise offensive to other Participants, or any employee, contractor or discussion moderator of Nikka Karli and Stalking the Moon™, whether that conduct occurs on a phone call, email, or in the private SEX MAGIC WOMAN™ Mightybell group, etc.
-Is deemed an improper fit for the Program.
No refund shall be issued to a Participant whose participation is terminated under this provision. If a Participant is removed from the Program is, that Participant shall not be permitted to re-enroll in the Program at a future date.
RIGHT TO CANCEL THE PROGRAM
Nikka Karli and Stalking the Moon™ may, in its sole discretion cancel the Program with a thirty (30) day notice.
RIGHT TO ADD MORE PARTICIPANTS
Nikka Karli and Stalking the Moon™. may, in its sole discretion add additional Participants to the Program, with no prior notice.
In the event of an illness, family emergency or vacation, Nikka Karli and Stalking the Moon™ may, in its sole discretion bring in a substitute Mentor for the Weekly Group Coaching Call.
GENERAL TERMS OF SERVICE
The Site and its original content, features and functionality are owned by Nikka Karli and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We hereby grant you a non-exclusive, non-transferable and revocable license to use our website for personal use only and subject to these Terms of Service. You must not copy, transmit, modify, distribute, make available to the public or create any derivative works from any of the content that you find on our website for commercial purposes without first obtaining our consent to do so.
You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. You agree that no advice or information, whether oral or written, obtained by you from Nikka Karli or www.nikkakarli.com shall create any warranty not expressly stated in these terms of service. Nikka Karli, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
Limitation of Liability
In no event shall Nikka Karli, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages in respect of incidental, ordinary, punitive, exemplary, indirect, special or consequential damages, resulting from your use of the Site. You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.
You agree that Nikka Karli will not be liable to you or any third party for:
(a) any termination of your access to the Site;
(b) any unauthorized disclosure of your passwords or other personal identification numbers that may be assigned to you by us or chosen by you for access to the Site or unauthorized disclosure of your Account Information that occurs through no fault of ours; or
(c) the accuracy, truthfulness or validity of any data entered by you through use of the Site. You further acknowledge and agree that Nikka Karli will not be liable for any loss resulting from a cause over which we have no direct control, including but not limited to, failure of equipment or services relating to your computer, problems with data transmission facilities or your telephone or telephone service, unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or arising out of these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages and accordingly, some of the above limitations may not apply to you.
As consideration for any purchase you make on the Websites, you shall pay Nikka Karli all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency. Unless otherwise stated, all sales are final.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Nikka Karli to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Nikka Karli.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Washington, United States, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
By purchasing from this website and/or Nikka Karli Salifu/Stalking the Moon™, you are acknowledging that you have read, agree to, and accept all the terms and conditions contained in this Agreement.
Nikka Karli Salifu and You hereby agree to the following:
Payment: In exchange for your participation in any Program or Service, You agree to pay Nikka Karli Salifu the agreed upon total fee. You agree to make payment to Nikka Karli Salifu via Paypal or such other merchant services vendor as Nikka Karli Salifu shall designate from time to time as instructed by Nikka Karli Salifu in its email correspondence with you. Installments are due regardless of whether or not you fully and faithfully participate in the Program or Service throughout the Term or are or are not satisfied with your results. Your commitment by purchasing is to pay the entire Program or Service Fee. You agree to waive any right of so-called “chargeback” against this payment obligation that may be available to you to exercise under the terms of your credit card agreement. All scheduled payments must be made on a timely basis. A 15% interest will be accrued on all payments that are 10 days late. If payment is more than 30 days late, the Program or Service will be terminated and You will still be required to pay the remainder of the amount for which you are responsible. Unless otherwise stated, all sales are final.
Representation: While Nikka Karli Salifu believes that You will derive great benefits from Stalking the Moon™® Program or Service and that You should become as successful as You envision, we of course cannot represent or guarantee that You will attain a certain level of sales, profits or earnings as a result of the Program. As with any self-improvement and/or business endeavor, each person’s success depends on many factors, including your personal motivation, willingness to release limiting beliefs and emotional blocks and to take personal responsibility for what is showing up in your life, your efforts to take inspired actions, and adapt a meaningful spiritual practice. You should consider the cost of this Program as an ‘investment’ in yourself, and, as with any investment, there is both great potential for a great return on your investment, and a risk that there is no return. By purchasing, You acknowledge that You have represented that payment of Your Stalking the Moon™ Program fees will not place a significant financial burden on You or Your family.
Testimonials: You agree that all testimonials, content, comments, feedback, suggestions, ideas, text, audio, video, graphics, and other materials (collectively, “Testimonials”) that you disclose, submit or offer to Nikka Karli Salifu in connection with the Program and/or Coaching shall become Nikka Karli Salifu’s exclusive property. Such disclosure, submission or offer of any Testimonials shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Testimonials and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at Nikka Karli Salifu’s cost, execute any documents to affect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Testimonials. You should not submit any Testimonials to us if you do not wish to assign such rights to Nikka Karli Salifu. We are and will be under no obligation: (i) to maintain any Testimonials in confidence; (ii) to pay to you or any third party any compensation for any Testimonials; (iii) to respond to any Testimonials; (iv) to use any Testimonials; (v) or to cease use of any Testimonials. You are and shall remain solely responsible for the content of any Testimonials you make. You authorize the release of your name, likeness, image and appearance in Testimonials, for any and all uses and purposes whatsoever, including, but not limited to use in any presentation, exhibition, publicity, advertising and/or promoting materials, either separately or in conjunction with other photographs, drawings, images, text, audio, video, or other forms of illustration or parts of photographs, or any media now or hereafter known, for any commercial purpose or any form of financial exploitation, without reservation or limitation, or compensation to you or any other person or entity. You understand and agree that we are under no obligation to exercise any of the rights, licenses and privileges, herein granted by you, and we are under no obligation whatsoever to use any of the Testimonials obtained by Nikka Karli Salifu. You agree that regardless of whether we elect to use any of the Testimonials, the Testimonials remain the exclusive property of Nikka Karli Salifu, and you shall acquire no right, title or interest in or to the Testimonials.
Confidentiality and Non-Disclosure: You acknowledge and understand that the methods, processes and strategies taught in the Program constitute my Proprietary System which is confidential, and for which I claim copyright protection. I have spent considerable time, effort and resources in developing this Proprietary System, which includes all materials associated with the Program, all business strategies taught, and all associated coaching advice. You agree to maintain the absolute confidentiality of the Program and my Proprietary System and agree not to duplicate, disseminate, distribute or otherwise disclose any part to any third parties, for any reason, unless it is part of the Program or unless required by legal process.
Ownership of Property/Agreement Not to Infringe: You further acknowledge that the Proprietary System and the Program are, and shall remain, the property of Stalking the Moon™ and that You shall not infringe upon any part of the Proprietary System or the Program nor claim any part as Your property, nor attempt to replicate or copy any part for Your own competitive benefit, nor cause any third parties, directly or indirectly to do the same. You acknowledge that the phrase “Stalking the Moon™” is trademarked with the United States.
Patent and Trademark Office, and You may not use that name or any likeness in any manner whatsoever, without my written consent, except in reference to being part of this Program. You further agree that Your violation of this provision will cause substantial harm to Stalking the Moon™ and for which I may seek all legal redress, which may include an injunction or substantial damages.
Non Disparagement: Both Nikka Karli Salifu Stalking the Moon™ and You agree not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of the other party, its employees, directors, and officers. Both parties acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), clients and potential clients.
Both parties understand and agree that this Paragraph is a material provision of this Agreement and that any breach of this Paragraph shall be a material breach of this Agreement, and that each party would be irreparably harmed by violation of this provision.
Default and Termination: Should You fail to remit any of the required payments on time, and have not corrected the situation in a prompt manner, Stalking the Moon™ may terminate further services, and You will be responsible for the remaining balance of the Program or Service. I may also terminate services if, in my sole opinion, You are conducting Yourself or Your business in a manner which is disparaging or disruptive to Stalking the Moon™ or infringes upon Stalking the Moon™ or violates the confidentiality covenant stated above. In no event will any refunds be issued after You have defaulted.
Arbitration: Except as may otherwise be provided herein, any controversy or claim arising out of or related to this Agreement or the breach thereof, or in any way relating to the Program, which the parties hereto are unable to resolve after at least thirty (30) days of good faith negotiations, shall be settled by binding arbitration in accordance with the commercial rules of the American Arbitration Association and the location shall be in the city of Las Vegas, Nevada, before a single arbitrator. The arbitration award may be entered as a final judgment in any court having jurisdiction thereon. You agree to Nevada State jurisdiction.
Governing Law: This Agreement has been executed and delivered in the State of Nevada, and the laws of such state shall govern its validity, interpretation, performance and enforcement.
Limit of Liability: The liability of Stalking the Moon™®, Nikka Karli Salifu, or any of its employees, agents, associates, successors, assigns, and legal representatives under this Agreement is limited in direct proportion to the compensation paid by You under this Agreement.
Disclaimer: Stalking the Moon™ Program or Service is not intended to provide legal, tax, financial or accounting advice, for which I suggest You consult with the appropriate professional. Neither is the Program or Service intended to provide professional medical or psychological advice or diagnosis of conditions of any kind.
By entering into this Stalking the Moon™ Participation Agreement, You have read and understand the foregoing provisions and agree to them.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.
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