Last updated: April 2024
Terms & Conditions
NOTICE: UNAUTHORIZED REPRODUCTION, DISTRIBUTION, OR USAGE OF THIS DOCUMENT CONSTITUTES A BREACH OF INTELLECTUAL PROPERTY RIGHTS AND IS STRICTLY FORBIDDEN!
The domain www.nancybadillo.com (referred to as the “Website”) and its entire contents (as defined below) are the exclusive property of Nancy Badillo, LLC, a Georgia Limited Liability Company (referred to as “we,” “us,” or “our”). Please carefully review all the following Terms & Conditions prior to accessing or using our Website. By visiting or using this Website, you (referred to as the “visitor,” “you,” or “your”) acknowledge that you have reviewed and agreed to abide by these Terms & Conditions.
TERMS OF SERVICE
By accessing and using this Website, you affirm that you are at least 18 years old and possess the necessary mental capacity to comprehend and comply with the provisions outlined in these Terms and Conditions. Any individual under the age of 18 is expressly prohibited from utilizing our services.
Your access to this Website constitutes your unconditional acceptance of these Terms and Conditions, rendering you legally bound by them, irrespective of whether you have reviewed them. Should you disagree with any aspect of these terms, kindly refrain from accessing our Website or utilizing our Programs, Products, and Services.
Please note that these Terms and Conditions are subject to modifications and/or revisions, and we are not obliged to provide prior notice of such alterations. We retain the right to effect changes or updates at our discretion, and it is the responsibility of all Visitors to periodically review the Terms and Conditions for any revisions. Your continued use of the Website and the materials provided therein signifies your agreement to be bound by the latest version of these Terms and Conditions, regardless of whether you have reviewed them.
It is imperative to clarify that this website and the materials offered are independent entities and are not affiliated with, endorsed by, or sponsored by Facebook, Instagram, Pinterest, Etsy, Amazon or any other third-party websites, unless expressly stated otherwise herein.
In the event of a purchase of a program, product, or service from us, you acknowledge that you are legally competent and over the age of 18. Any purchase made by individuals under 18 years old is strictly prohibited. The terms governing the purchase of any program, product, or service are outlined in the associated Terms of Use, which shall prevail in the event of any conflict or discrepancy.
INTELLECTUAL PROPERTY RIGHTS
This Website and its contents, attributed to Nancy Badillo LLC and/or our affiliates or licensors, are safeguarded by US Patent and Trademark laws, copyright laws, and other applicable intellectual property laws. The original works featured on this Website are proprietary to Nancy Badillo LLC, considered intellectual property, and are protected under Federal Intellectual Property Laws against unauthorized usage. These materials encompass, but are not restricted to: trademarked and copyrighted content, as well as all original works displayed on our Website and within the provided content, inclusive of website design, layout, photographs, graphics, text, information, documents, data, our logo, artwork, color scheme, branding, and/or their presentation on the Website, to the extent protected, and all other accessible information through this Website, collectively identified as (“Content”).
By accessing our Website, you acknowledge that all materials have been meticulously created, curated, and developed by Nancy Badillo LLC, entailing significant time, effort, expenses, and investment, thereby constituting valuable and unique assets owned by Nancy Badillo LLC, which must not be utilized in an improper or unauthorized manner. You agree not to employ our Website content, Programs, Products, Services, or Program Materials in a manner that infringes upon our rights or without our prior written consent.
Your access to the Website content grants you a limited, revocable, non-transferable license to utilize the information for your personal, non-commercial purposes exclusively. In the event of a purchase from our Website, you will receive a limited license to use the contained information, subject to the terms outlined in the associated Terms of Use or Client Agreement for each respective product or service.
Any unauthorized or improper use of our Website content, Programs, Products, or Services, as outlined in these Terms and Conditions, constitutes theft and we reserve the right to prosecute such theft to the fullest extent permitted by law. Additionally, you understand that engaging in prohibited use, improper, and/or unauthorized use may result in civil claims for damages and/or criminal offenses.
Any trademarks, taglines, or logos featured on Program Materials belong to us. Use of these trademarks, including framing, meta tags, or other text, without our express written consent, is strictly prohibited. For those trademarks, taglines, and logos for which usage permission is granted, the trademark indicia must be displayed at all times. Any use of our trademarks or Program, Product, or Service titles without our express written permission is prohibited.
All rights not explicitly granted in these terms or any express written license are reserved by us.
From time to time, you may receive free downloadable, printable, audio, or visual content as a gift or opt-in offer. By accessing this material, you agree to use it solely for personal, non-commercial purposes and not to copy, edit, distribute, or share it in any manner other than its original form. Should you choose to share the material, you agree to credit Nancy Badillo LLC and refrain from claiming ownership or attempting to derive any form of gain, financial or otherwise, from our materials.
OUR LIMITED LICENSE TO YOU
By accessing our Website, you explicitly acknowledge and agree to the following prohibitions:
You are prohibited from engaging in improper and/or unauthorized use of our content, including but not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or any other electronic means) any materials or information accessed on our Website or acquired through our Products, Programs, or Services, or any other communications provided by us, whether for personal use, business/commercial use, or any endeavor to generate revenue.
You are not allowed to partake in the following activities:
Copying, sharing, adapting, stealing, duplicating, sharing, trading, reprinting, republishing, selling, distributing, modifying, reproducing, uploading, posting, transmitting, translating, or creating derivative works related to our Products, Programs, or Services.
Using, posting, distributing, copying, stealing, or otherwise utilizing any portion of our Website, including content or products, without express, written permission granted by Nancy Badillo LLC, and understanding that such use may constitute infringement, leading to potential legal action against you.
Falsely representing yourself as the creator of our Products, Programs, Services, or Program Materials, whether in whole or in part.
Sharing purchased materials, information, or content with individuals who have not acquired them.
Engaging in any activity using our Products, Programs, and Services for personal use, business/commercial use, or in any manner aimed at generating revenue.
Utilizing any portion of our Website, including all Content, information, and purchased materials, for commercial purposes to make, attempt to make, or intend to make a profit from it.
You further acknowledge and understand that any such actions, including but not limited to those outlined above, constitute infringement and/or theft of our work, thereby violating these Terms and Conditions as well as United States Federal laws. We reserve the right to prosecute such infringements to the fullest extent permitted by law.
Any requests for written permission to use any content posted on our Website must be submitted prior to such use and may be made by sending an email with your written request to info@nancybadillo.com.
YOUR LICENSE TO US
By posting or submitting any material on or through our Website, such as comments, posts, photos, images, videos, or other contributions, you affirm that you are the rightful owner of all such materials and that you are at least 18 years of age.
When you submit or post any comments, photographs, images, videos, audio recordings, or other submissions for use on or through our Website, you are granting us, and anyone authorized by us, permission to incorporate it into our current or future Website, Products, Programs, Services, and/or Program Materials. This grant includes providing us with proprietary or intellectual property rights under applicable laws, without requiring further permission or compensation from you. However, you retain the right to request the removal of this information at any time. By voluntarily submitting such information, you consent to being identified as the creator of any comments, photographs, posts, images, videos, or audio recordings, using your name, email address, avatar, or user/screen name.
Additionally, you grant us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such comments, photographs, images, videos, audio recordings, or any other submissions in whole or in part, in any manner or medium.
By choosing to post anything on our Website, social media pages, webinars, or elsewhere, you are consenting and acknowledging that you will not post anything that could harm us or another user, or include any defamatory, harmful, hurtful, or otherwise upsetting content. You understand that posting content constituting cyberbullying will result in immediate removal of your comments, and we reserve the right to take legal action against you to the fullest extent permitted by law.
You agree to use our Website for lawful purposes only and agree not to post, comment, or transmit any content that infringes upon the rights of another individual, holding us harmless in the event of any such infringement. Furthermore, you agree not to post content that may constitute a criminal offense, engage in fraudulent or unlawful activities, create civil liability, violate another’s intellectual property rights, contain vulgar or obscene material, or be otherwise objectionable. We reserve the right to remove any objectionable content without explanation or consequence, and you acknowledge our discretion in determining the objectionable nature of content posted. You also understand that we may be obligated to take legal action based on content you post and reserve our right to do so. In the event that a third party pursues legal action against you due to content posted on our Website, you agree to indemnify us fully and hold us harmless from any resulting legal actions or consequences.
DISCLAIMER
This Website is intended solely for providing educational information to all visitors. Any Content found on this Website or received through email opt-ins, freebies, or other means is provided for educational and informational purposes only. We do not guarantee specific results, changes, gains, outcomes, financial, legal, or medical, through the use of our Website, Program, Products, Services, or Coaching Programs. Your use of our Website, Program, Products, Services, or Coaching Programs is entirely voluntary.
By visiting our Website, utilizing the information contained herein, or purchasing products, you acknowledge and agree that such actions are undertaken voluntarily by you. We are not liable for any harm or damage resulting from your direct or indirect use of materials or content on our Website. You agree to hold us harmless from any damages resulting directly or indirectly from your use of Content or products/services on our Website or distributed via email and agree not to make any claims against us or the Company herein.
You acknowledge and understand that Nancy Badillo and Nancy Badillo, LLC are not doctors, lawyers, therapists, psychics, accountants, nurses, counselors, or any other medical professionals. Nothing on this Website or within any product or service provided herein is intended to substitute for consultation with such professionals.
Our Website, Content, and Products are not to be relied upon as medical, legal, financial, or business advice. Nothing on this Website, in our products, or in any email distributed is intended to replace professional advice obtained from doctors, nurses, lawyers, accountants, therapists, financial advisors, business consultants, or other experts concerning your specific business or life circumstances. It is advisable to consult your own professionals regarding any questions you may have concerning legal, business, medical, or financial matters, or any similar professionals who may address your individual situation.
TECHNOLOGY DISCLAIMER
We make no warranty or guarantee as to the delivery, accuracy, timeliness, performance, completeness, or suitability of the information provided on our Website or any other materials we provide to you. Although we strive to present the most accurate, up-to-date information, we cannot guarantee the accuracy of our content due to its evolving nature. You acknowledge that our content may contain inaccuracies or errors, and we are not liable for such inaccuracies or errors to the fullest extent permitted by law.
We cannot guarantee uninterrupted access to our Website. You acknowledge that access may be suspended or restricted from time to time for purposes such as repairs, maintenance, or updates, and we are not liable for damages, refunds, or any other recourse resulting from unavailable or slow access to our Website. You understand that we are not liable for any damages resulting from system backup procedures, internet traffic volume, server overload, general network failures, or delays in accessibility to our Website.
You are responsible for providing accurate, authentic information to us, including your name, email address, and payment information if you choose to make a purchase. You understand and agree that providing inaccurate information may result in liability for any subsequent damages that occur as a result of false or inaccurate information provided by you.
CONFIDENTIAL INFORMATION
To access our Website, subscribe to our email list, or engage with our blog, you may be required to provide Confidential Information, or you may choose to share or provide comments, photographs, images, videos, audio recordings, email addresses, phone numbers, street addresses, billing information, usernames and passwords, birthdays, preferences, interests, assignments, or any other personally identifying information (“Confidential Information”) with Nancy Badillo LLC by submitting it to us. By providing such Confidential Information, you expressly grant Nancy Badillo LLC permission to utilize and securely store such information. In return, we will make every effort to maintain the confidentiality and security of your information in accordance with these Terms and Conditions and our Privacy Policy. If you believe any of your Confidential Information is inaccurate or incomplete, please promptly notify Nancy Badillo LLC so that we may correct any errors. Please be aware that you are responsible for safeguarding your username and password, and you understand that any sharing of this confidential information is done at your own risk.
You acknowledge and understand that providing information to us is entirely voluntary. By choosing to share this information, you agree and affirm that any information you provide to us through the Website or a third-party payment processor is accurate, up-to-date, and belongs to you. You understand that you may not misrepresent yourself or use anyone else’s information and agree to accept responsibility for any consequences should you use another person’s information as your own.
All Confidential Information will be treated with confidentiality and will not be disclosed to third parties, except in the following circumstances:
– In accordance with the provisions of these Terms and Conditions, the Terms of Use, the Privacy Policy, and our Disclaimer;
– If required by law;
– In good faith belief that such action is necessary to comply with the law;
– To comply with any legal process served on us, our partners, sponsors, investors, or affiliates;
– To protect and defend our rights, property, or the rights of our users, purchasers, or the public;
– To act immediately as necessary to protect the personal safety of our users, purchasers, or the public.
We will not sell, distribute, or lease your Confidential Information to third parties unless we have your explicit permission or are legally obligated to do so.
PURCHASES MADE THROUGH OUR WEBSITE
You agree and acknowledge that all purchases made through our website are voluntary and that you are solely responsible for any and all purchases made by you or on your behalf by another person, irrespective of the information provided at checkout. If information becomes available later confirming that you made unauthorized use of a credit card or other payment information belonging to someone else, you understand and agree that you alone are responsible for the purchases made through our Website.
You also agree and acknowledge that any information provided by you to us or our payment processor is true and accurate. If your payment fails to process, we reserve the right to withhold the intended purchased product from you until proper payment is received.
REFUND POLICY
Due to the digital nature of our products, we do not offer refunds for any portion of your payment for our services, digital products, courses, programs, classes, live events, coaching, or masterminds.
Please note that any sales made with promotional discounts are considered final. Such sales are not eligible for full or partial refunds under any circumstances, even if customers have previously made purchases without promotional discounts. This policy allows us to provide significant discounts to our valued customers while maintaining the value and integrity of our offerings.
EARNINGS DISCLAIMER
This agreement does not guarantee any level of business or financial success from participating in our program. There is no assurance that you will generate any income, and you accept the risk that earnings and income levels may vary among individuals. Your use of our information, products, and services should be based on your own due diligence, and Nancy Badillo LLC is not liable for any success or failure directly or indirectly related to the purchase of our coaching program. As with any business, results may vary based on individual capacity, business experience, knowledge, expertise, and desire.
TESTIMONIALS
We provide testimonials and insights about other individuals’ experiences with our website for illustrative purposes only. The testimonials, examples, and photos featured are from actual clients, but they do not guarantee that current or future clients will achieve similar results. These testimonials are meant to demonstrate what is possible, not to guarantee specific outcomes.
LIMITATION OF LIABILITY
We will not be held responsible or liable for any information, products, or materials requested or received through our Website, Programs, Products, Services, or Program Materials. We are not liable for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental health issues, income, finances, or any other consequences due to any actions or defaults of anyone associated with us. We do not assume liability for any individuals or entities involved in providing our Website, Programs, Products, Services, or Program Materials, whether as owners, staff, agents, joint venture partners, contractors, vendors, or affiliates. If you use our Website, Programs, Products, Services, or Program Materials or any information provided by us or associated with us, we assume no responsibility.
By participating in our website and/or subscribing to our email list, you are voluntarily and personally responsible for your actions and decisions and any results thereof. Your use of this Website implies your agreement and acceptance of absolving Nancy Badillo LLC and all associated individuals from any liability for loss, damage, injury, or litigation resulting directly or indirectly from using the information, content, or products found on our Website or through email materials.
You understand and agree that Nancy Badillo LLC is not liable for any type of direct or indirect damages arising from your use of our Website, any information contained herein, or any products or services purchased therefrom. This includes general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not responsible for any losses incurred by you or your business, including revenue, clients, business, goodwill, income, anticipated income, sales, data, computer
failure, computer viruses, technical glitches, defects, delays, or any similar issues. Your decision to use our Website is entirely at your own risk, and you alone are responsible for any consequences.
Nancy Badillo LLC takes reasonable measures to maintain the privacy and confidentiality of all information provided. However, we are not liable for any unauthorized access to or use of your information, property, or any damages resulting from such access or use, regardless of negligence, breach of contract, or any other legal theories of liability. Our liability is limited to the fullest extent permitted by law, and in no event shall it exceed $500 to any individual or group of plaintiffs.
Additionally, we are not responsible for the policies of third-party payment processors used on our Website. By using these processors, you agree to their terms and conditions in addition to our own. Any damages resulting from the use of third-party payment processors are not our responsibility.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Nancy Badillo LLC, its affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees from any claims, damages, liabilities, costs, and expenses, including legal fees, arising from your use of our Website, Products, Programs, Services, or Program Materials or your breach of any obligation, warranty, representation, or covenant in these Terms and Conditions or any other agreement with us. If we require your assistance in any legal action involving you, you agree to cooperate and provide evidence, documents, testimony, or other information as necessary, free of charge.
You also release Nancy Badillo LLC from any claims arising from comments or posts made by users or third parties on our Website. We are not responsible for user-generated content and are released from any liability associated with it.
LIMITATION OF LIABILITY (continued)
You acknowledge that visiting our Website, using our Products, Programs, Services, and Program Materials is at your own risk. These resources are provided for informational and educational purposes only, and we make no guarantees regarding success, income, health, relationships, or any other aspect of your life. You assume all risks associated with using our Website and resources.
We will not be held liable for any consequences resulting from your use of our Website, Programs, Products, Services, or Program Materials, including but not limited to lost profits, personal or business interruptions, injuries, accidents, misapplication of information, or any other damages, whether direct, indirect, incidental, consequential, punitive, or special. You agree that your decision to use our Website is voluntary, and any outcomes are your sole responsibility.
You understand and agree that Nancy Badillo LLC makes no warranties, express or implied, regarding the accuracy, fitness for a particular purpose, or completeness of the information provided on our Website. Your use of our Website and information contained herein is at your own risk, and we disclaim all warranties to the fullest extent permitted by law.
RELEASE OF CLAIMS
You release Nancy Badillo LLC from any and all claims, damages, or liabilities arising from your use of our Website, Products, Programs, Services, or Program Materials. This release includes, but is not limited to, claims related to lost profits, personal or business interruptions, injuries, accidents, misapplication of information, or any other losses, whether direct, indirect, incidental, consequential, punitive, or special. By using our Website, you waive any right to make claims against us for any damages, injuries, or losses incurred.
DISPUTE RESOLUTION
If disputes arise, we prefer to resolve them amicably through written correspondence. If resolution cannot be reached within a reasonable time, you agree to binding arbitration before a single arbitrator selected jointly, in accordance with the American Arbitration Association Rules. Prior to arbitration, you must notify us in writing of your reasons for dissatisfaction. You understand that arbitration is the sole remedy available to you and that you may only receive a full refund of your payment. No other damages or financial awards will be granted. The decision of the arbitrator is final and binding and may be entered as a judgment in any court with jurisdiction.
By using our Website, you agree to a one-year statute of limitations for arbitration claims. Any arbitration must commence within one year of your written notification of dissatisfaction or be waived.
Arbitration will take place in Huntington Beach, California, and the prevailing party will be entitled to reasonable attorneys’ fees and costs.
You agree not to engage in conduct or communications, public or private, designed to disparage us, our Company, or our Products, Programs, or Services. You may share your opinions as part of legal proceedings when requested.
If any terms of these Terms and Conditions are deemed invalid or unenforceable, the remaining terms remain in effect.
GOVERNING LAW
These Terms and Conditions are governed by the laws of the State of California, regardless of conflict of laws principles.
TERMINATION
Nancy Badillo LLC reserves the right to refuse or terminate your access to our Website at any time, for any reason, without notice. If access is terminated, no explanation is owed, and no appeals or legal action are permitted. If you have made purchases and are entitled to continued access, we will provide access in a manner determined by us.
If you have any questions about these Terms and Conditions, please contact us at info@nancybadillo.com. Thank you for your understanding.
Please review our Privacy Policy for information on how your data is handled.
