Legal Docs
Distribution Rights
Licensing Agree and Distribution Rights
Distribution Rights
Can the Licensee sell the Product? YES
Can the Licensee sell resell rights or master resell rights? YES
Can the Licensee include the Product in a bundle or package and sell it at a higher price? YES
Can the Product be added to a paid membership site? YES
Can members of a paid membership site download the Product and be granted the Resell Rights? NO
Can the Licensee distribute the Product for free? NO
Can the Licensee offer the Product as a bonus to another product being sold? NO
Can the Product be sold on auction sites such as eBay.com? NO
Can the Product be sold or used in a dime sale event? NO
Can video training included in the Product be modified in any way? NO
Can video training included in the Product be uploaded to other hosts without modification? YES
Is the minimum sale price for the Product $497? YES
Can the Licensee sell the Product at any price point above $497? YES
Can discounts be applied to the Product's sale price? YES, provided that the discounted price does not fall below the minimum sale price of $497.
Can offer “cash back” promotions? YES, provided that the discounted price does not fall below the minimum sale price of $497.
Can offer gifts or bonus content as a marketing promotion? YES, so long as the gift or bonus content does not violate the terms and conditions provided in the licensing agreement.
MASTER RESELL RIGHTS LICENSE AGREEMENT
Acceptance of Terms and Conditions
By purchasing, using, or distributing the product, service, or software (the "Product") known as the Roadmap to Riches provided by Changing Courses 11 LLC, whether directly from Changing Courses 11 LLC or from an authorized licensee, you, the licensee, acknowledge and affirmatively represent that you have read, understood, and agree to be bound by the terms and conditions set forth in this Licensing Agreement ("Agreement"). If you do not agree to these terms and conditions, you must immediately cease any and all use of the Product and refrain from any further use, purchase or distribution thereof.
Your act of purchasing, using, or distributing the Product, whether directly from Changing Courses 11 LLC or from an authorized licensee, constitutes your acceptance of this Agreement, including any modifications or updates that Changing Courses 11 LLC may make to this Agreement from time to time. Any such modifications or updates will be effective immediately upon notice to you, which may be given by any reasonable means including via email or through an update posted on a website provided by Changing Courses 11 LLC.
THIS MASTER RESELL RIGHTS LICENSE AGREEMENT (the “Agreement”) is made and entered into this day of purchase (the “Effective Date”), by and between Changing Courses 11 LLC, a limited liability company organized under the laws of the state of Tennessee, (hereinafter referred to as the "Licensor"), and the purchaser, an individual/business entity (hereinafter referred to as the "Licensee"). The purchase signifies agreement with all terms and conditions laid out in this Agreement.
1. Grant of License:
Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a non-exclusive, non-transferable license to resell the product known as "Roadmap to Riches" training program (hereinafter referred to as the "Product") in accordance with the terms of this Agreement. The Licensee may transfer the rights to resell this product if and only if the Licensee sells the product for the minimum price of $497.
2. Terms of License:
Licensee agrees to the following terms:
(a) Licensee shall not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise tamper with the Product. This includes but is not limited to:
Selling portions of the product
Renaming the product Product Name: “Roadmap to Riches” created and copyrighted by Changing Courses 11 LLC.
Changing material within the product
Changing the creator of the product
(b) Licensee shall not claim ownership of the Product copyright.
The Licensee may claim authorship of the product for marketing and sales purposes; but must include the Changing Courses 11 LLC copyrighted material and notices.
(c) Licensee may resell the Product to end users without transferring the Master Resell Rights if they so choose. Reselling to other resellers is permitted.
IF reselling the Master Resell Rights of this product, the Licensee agrees to include these terms and conditions with the product and to ensure that all customers adhere to the Entire Agreement.
Failure to adhere to these terms and conditions will result in the revocation of the Licensees resell rights and Changing Courses 11 LLC will purse legal action for damages caused by the misuse of this Product.
(d) Licensee is not permitted to give away the Product for free, or as part of a free bundle.
It is strictly prohibited for Licensees to share this Product as a “free” add on to a bundle or other opportunity.
The Licensee MAY include additional content or opportunities with the Product so long as those opportunities do not conflict with the Community Agreement for the Roadmap to Riches original community owned by Changing Courses 11 LLC.
(e) Licensee agrees to use only the official marketing materials for the promotion of the Product.
Changing Courses 11 LLC does not endorse or permit the use of income claims for the purpose of marketing the Product.
The Licensee agrees to indemnify Changing Courses 11 LLC from any damages sought from the Licensee that are a direct result from advertising income claims.
The Licensee agrees that they are responsible for their own business and that Changing Courses 11 LLC is not a part of nor endorses the actions of their business entity.
(f) Third-Party Payment Platforms
The Licensee acknowledges and agrees to use third-party payment platforms ("Payment Platform") for the sale and distribution of the Product.
The Licensee agrees to comply with all terms, conditions, policies, and guidelines of the Payment Platform and to conduct all transactions in compliance with all applicable laws and regulations.
The Licensee shall indemnify, defend, and hold harmless Changing Courses 11 LLC, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensees use of the Payment Platform, including but not limited to the Licensees non-compliance with the Payment Platform's terms, conditions, policies, guidelines, or any applicable laws or regulations.
Changing Courses 11 LLC is not responsible or liable for any aspect of the Payment Platform, including but not limited to, the availability, accuracy, reliability, or legality of the Payment Platform. Changing Courses 11 LLC makes no representations, warranties, or guarantees regarding the Payment Platform.
The Licensee acknowledges and agrees that any dispute or claim arising out of or in connection with the Payment Platform is between the Licensee and the Payment Platform, and Changing Courses 11 LLC shall have no liability or obligation in connection therewith.
(g) Minimum Sale Price
The Licensee agrees that the minimum sale price for the Product shall be $497.00 USD ("Minimum Sale Price"). Any discounts, promotions, or other pricing strategies employed by the Licensee must maintain the sale price at or above the Minimum Sale Price.
In no event shall the Licensee offer or apply any discounts or promotions that would result in the sale price of the Product falling below the Minimum Sale Price.
The Licensee acknowledges and agrees that failure to adhere to the Minimum Sale Price may result in immediate termination of this Agreement, at Changing Courses 11 LLC’s sole discretion, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.
The Licensee shall indemnify, defend, and hold harmless Changing Courses 11 LLC, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensee's failure to maintain the Minimum Sale Price.
(h) Gifts and Bonuses
The Licensee is permitted to offer gifts or bonuses as part of the promotion of the Product, provided that these offerings do not function as a discount on the Product's sale price, which must remain at or above the Minimum Sale Price as stated in the "Minimum Sale Price" section of this Agreement.
The Licensee acknowledges and agrees that any gift or bonus offered must be separate from and not linked to a reduction in the sale price of the Product below the Minimum Sale Price.
The Licensee agrees that failure to adhere to these conditions may result in immediate termination of this Agreement, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.
The Licensee shall indemnify, defend, and hold harmless Changing Courses 11 LLC, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensee's offering of gifts or bonuses in violation of these terms.
(i) Community Guidelines
The Licensee agrees to abide by the community guidelines ("Community Guidelines") established by Changing Courses 11 LLC for its original community. (See community guidelines below this agreement.)
The Licensee acknowledges that the Community Guidelines are integral to the maintenance of a respectful and harmonious community, and agrees to conduct all activities related to the Product in accordance with these guidelines.
Failure to adhere to the Community Guidelines may result in immediate termination of this Agreement, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.
The Licensee shall indemnify, defend, and hold harmless Changing Courses 11 LLC, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensee's failure to comply with the Community Guidelines.
(j) Agreement Modification and Supersession
The Licensee acknowledges and agrees that this Agreement is the complete and exclusive statement of the agreement between the Licensee and Changing Courses 11 LLC, and that it supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.
The Licensee is not permitted to modify or amend this Agreement in any manner, including by adding their own business name, without the express written consent of Changing Courses 11 LLC. Any such unauthorized modification or amendment will be null and void.
The Licensee agrees not to enter into any other contract or agreement that would supersede, alter, or conflict with this Agreement. Any such contract or agreement will be null and void to the extent that it conflicts with this Agreement.
The Licensee shall indemnify, defend, and hold harmless Changing Courses 11 LLC, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensee's unauthorized modification of this Agreement or entry into a superseding contract.
(k) Return Policy
The Licensee acknowledges and agrees that due to the nature of the Product being eligible for download, all sales of the Product are final and non-refundable.
This policy is in place to prevent potential misuse, including scenarios where a customer could download the Product, request a refund, and consequently retain the Product free of charge.
The Licensee must clearly communicate this return policy to their customers prior to the sale of the Product, ensuring that customers understand that they are purchasing a non-refundable product.
Failure to comply with this return policy or any misrepresentation of it to customers may result in immediate termination of this Agreement, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.
(l) Procedure in Event of Refund
In the unlikely event that a refund is issued to a customer, the customer is required to return all copies of the Product within ten (10) days of the date of refund.
The customer must provide proof satisfactory to Changing Courses 11 LLC that all copies of the Product in their possession have been deleted, destroyed, or otherwise made unavailable for their use.
Notwithstanding the refund, the customer remains bound by the terms of this Agreement that survive termination, including but not limited to the obligations of non-disclosure, non-disparagement, and any other provisions intended to survive termination.
The customer acknowledges and agrees that failure to comply with these requirements may result in legal action by Changing Courses 11 LLC, including but not limited to claims for breach of contract, copyright infringement, or other appropriate legal remedies.
(m) Non-Disparagement
The Licensee agrees 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 Changing Courses 11 LLC, its employees, directors, and officers. This prohibition extends to statements made in any manner or medium, including, without limitation, oral statements, written statements, online forums, blogs, social media sites, and other electronic forms of communication.
The Licensee understands and agrees that this clause 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), and clients.
Any breach of this non-disparagement clause shall be a material breach of this Agreement, which may result in immediate termination of the Agreement, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.
(n) Non-Disclosure
The Licensee acknowledges that in the course of this Agreement they may have access to confidential and proprietary information ("Confidential Information") of Changing Courses 11 LLC. Confidential Information includes but is not limited to customer lists, business plans, financial data, marketing plans, product specifications, and other proprietary knowledge related to the Product or Changing Courses 11 LLC.
The Licensee agrees that they will not disclose, disseminate, or make available any Confidential Information received from Changing Courses 11 LLC, directly or indirectly, to any third party without the prior written consent of Changing Courses 11 LLC.
The Licensee further agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, dissemination, or publication of Confidential Information, including ensuring that any employees, contractors, or other agents who have access to Confidential Information sign a non-disclosure agreement.
Any violation of this non-disclosure clause will be considered a material breach of this Agreement and may result in immediate termination of the Agreement, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.
(o) Audit Rights
Changing Courses 11 LLC reserves the right to audit, at its sole discretion and at any reasonable time, the Licensee's books, records, and operations related to the use, sale, and distribution of the Product to ensure compliance with this Agreement.
(p) Quality Control
The Licensee agrees to maintain high standards of quality in line with Changing Courses 11 LLC's specifications and expectations in the use, sale, and distribution of the Product. Changing Courses 11 LLC reserves the right to inspect and approve the Product before it is made available to the public.
(q) Non-Compete Clause
The Licensee agrees not to use the Product, or any part thereof, to develop a product that directly competes with Changing Courses 11 LLC's offerings. The Licensee further agrees not to enter into a similar licensing agreement with a direct competitor of Changing Courses 11 LLC during the term of this Agreement and for a period of one year following its termination.
(r) Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
(s) Confidentiality
The Licensee agrees to treat all proprietary information related to the Product and Changing Courses 11 LLC as strictly confidential and not to disclose such information to any third parties without the prior written consent of Changing Courses 11 LLC.
(t) Amendments
Changing Courses 11 LLC reserves the right to amend or modify the terms and conditions of this Agreement at its sole discretion at any time. The Licensee acknowledges and agrees that it is their sole responsibility to review this Agreement periodically to familiarize themselves with any modifications. Continued use of the Product after any such modifications constitutes the Licensee's agreement to such changes.
(u) Licensee Responsibility
The Licensee acknowledges and agrees that it is their sole responsibility to thoroughly understand and educate themselves about the Product and its intended uses. This understanding must be adequately communicated to their customers to ensure appropriate use and expectations of the Product.
Any marketing or promotional activities conducted by the Licensee must accurately reflect the Product's purpose and capabilities. Marketing of the Product under false pretenses, misrepresentation, or any form of deceptive practice is strictly prohibited and constitutes a material breach of this Agreement.
The Licensee shall bear all responsibility and liability for any false, misleading, or inaccurate representations made in relation to the Product.
(v) Community Obligations and Compliance with Terms and Conditions:
The Licensee acknowledges and agrees that, upon creation of any community, forum, or other platform (collectively, the "Community") under the scope of this license, the Licensee shall:
Provide all Community members with a clear and conspicuous copy of Changing Curses 11 LLC's Terms and Conditions and Community Guidelines (collectively, the "Guidelines"), and require each member to expressly agree to abide by the Guidelines as a condition of participation in the Community;
Implement and maintain reasonable measures, policies, and procedures to monitor and enforce compliance with the Guidelines by all Community members, including, without limitation, promptly investigating any reports or complaints of violations, taking appropriate action to address confirmed violations, and documenting all such enforcement actions;
Notify Changing Curses 11 LLC in writing of any violations of the Guidelines by Community members within five (5) business days of becoming aware of such violations, and provide any relevant information and documentation that Changing Curses 11 LLC may reasonably request in connection with the investigation, enforcement, or resolution of such violations; and
Cooperate fully with Changing Curses 11 LLC in the investigation, enforcement, and resolution of any alleged or confirmed violations of the Guidelines by Community members, including, without limitation, implementing any corrective action or remedy that Changing Curses 11 LLC may deem appropriate in its sole discretion.
Failure to comply with the obligations set forth in this clause may result in the termination of this license, legal action, or any other remedy available to Changing Curses 11 LLC under applicable law.
3. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services or Product to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Changing Courses 11 LLC.
Trick, defraud, or mislead Changing Courses 11 LLC and other users, especially in any attempt to learn sensitive account information such as user passwords, potential leads, promotional secrets, or any other business information.
Circumvent, disable, or otherwise interfere with security-related features of the Product, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Product and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in the opinion of Changing Courses 11 LLC, the Product, potential competition, or Changing Courses 11 LLC and its employees, owners, partners, or anyone else that Changing Courses 11 LLC deems suitable to this prohibited activity.
Use any information obtained from the Product in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Product in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Product.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including party's uninterrupted use and enjoyment of the Product or modifies, impairs, disrupts, alters, or interferes with the use, features, function, operation, or maintenance of the Product.
Delete the copyright or other proprietary rights notices from any Content or the Product.
Attempt to impersonate another user or person or use the username of another user of the Product who is a Licensee of the Product.
Interfere with, disrupt, or create an undue burden on the Product or Changing Courses 11 LLC or the networks or services connected to the Product.
Harass, annoy, intimidate, or threaten any of Changing Courses 11 LLC employees, affiliates, owners, executive staff, or agents engaged in providing any portion of the Product, Services, or Licensing to you, the Licensee.
Attempt to bypass any measures of the Product designed to prevent or restrict access to the Product, or any portion of the Product.
Use a buying agent or purchasing agent to make purchases of the Product.
3. Intellectual Property:
All copyrights, patents, trademarks, trade secrets, and other intellectual property rights in the 'Roadmap to Riches' product ("the Product") are and shall remain the sole and exclusive property of Changing Courses 11 LLC ("Licensor"). The Licensee is granted a non-exclusive, non-transferable, revocable right to resell the Product in accordance with the terms of this agreement. This agreement does not convey to the Licensee any rights of ownership in or related to the Product, or any intellectual property rights owned by the Licensor. Any use of the Licensor's intellectual property, including but not limited to trademarks, trade dress, or logos, must be in compliance with any brand guidelines provided by the Licensor and must acknowledge the Licensor's ownership of such intellectual property. The Licensee shall not attempt to register, or assist others in registering, any trademark, copyright, or other intellectual property that is substantially similar to the Licensor's. In the event the Licensee becomes aware of any potential infringement of the Licensor's intellectual property rights, the Licensee must promptly notify the Licensor in writing.
4. Indemnification:
The Licensee agrees to indemnify, defend, and hold harmless Changing Courses 11 LLC ("Licensor"), and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party"), against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related but not limited to: (a) any breach or non-fulfillment of any representation, warranty, or covenant contained in this agreement, or any other agreement contemplated hereby, by the Licensee; (b) any use or misuse of the 'Roadmap to Riches' product by the Licensee or any third party gaining access to the product through the Licensee; or (c) any infringement of intellectual property rights arising from the Licensee's unauthorized use or modification of the product.
Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Changing Courses 11 LLC ("Licensor"), its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the 'Roadmap to Riches' product. Under no circumstances will the Licensor be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Product or the information contained therein. To the maximum extent permitted by applicable law, the Licensor assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from the Licensee's access to and use of the Product; (c) unauthorized access to or use of Licensor's secure servers and/or any and all personal information stored therein; (d) interruption or cessation of transmission to or from the Product; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Product by any third party; (f) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Product; and/or (g) user content or the defamatory, offensive, or illegal conduct of any third party.
5. Termination:
This Agreement shall commence on the Effective Date of Purchase and shall continue in full force until terminated as provided herein. Either party may terminate this Agreement at any time, with or without cause, by providing the other party a written notice of termination. Upon termination of this Agreement for any reason, all rights granted to the Licensee under this Agreement, including the right to resell the 'Roadmap to Riches' product, shall immediately cease, and the Licensee shall immediately cease all use, promotion, and sales of the Product. The Licensee shall also, within 10 days of the termination date, destroy or return to the Licensor any confidential information or materials provided by the Licensor under this Agreement. Termination of this Agreement shall not affect any rights or obligations that: (a) are meant to survive termination (including but not limited to indemnification and limitations of liability); and/or (b) have accrued prior to such termination.
6. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict of laws rules. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the city of Nashville and County of Davidson. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
7. Revocation of License
The Licensee acknowledges and agrees that any violation of the terms and conditions of this Agreement, including but not limited to the unauthorized sale, distribution, modification, or use of the Product, will result in the immediate revocation of the license granted herein.
Upon revocation of the license, the Licensee shall immediately cease all use, sale, distribution, and promotion of the Product and all associated materials. The Licensee shall also remove the Product from any and all platforms where it may be available, including but not limited to websites, membership sites, and online stores.
The Licensee understands and agrees that revocation of the license does not absolve the Licensee of any obligations under this Agreement, including but not limited to the obligation to maintain the minimum sale price and to refrain from offering the Product as a bonus or selling it on auction sites.
Upon revocation of the license, Changing Courses 11 LLC reserves the right to pursue any and all legal remedies available under law or equity.
8. Updates to Terms and Conditions
Changing Courses 11 LLC reserves the right to modify or update these terms and conditions at any time, at its sole discretion. Any such modifications or updates will be effective immediately upon posting on the official website of Changing Courses 11 LLC or upon notification to the Licensee. https://changingcourses11.com/agreements
The Licensee acknowledges and agrees that it is their responsibility to review these terms and conditions periodically and to stay aware of any modifications or updates.
Continued use of the Product after any such modifications or updates constitutes the Licensee's acceptance of the new terms and conditions. If the Licensee does not agree to any changes in the terms and conditions, their license to use and sell the Product will be immediately revoked, and they must cease all use, sale, distribution, and promotion of the Product.
Changing Courses 11 LLC reserves the right to pursue any and all legal remedies available under law or equity in the event of violation of the updated terms and conditions.
9. Third-Party Protection:
The Licensee acknowledges and agrees that any obligation or liability arising from this Agreement is solely of the Licensee and not of any director, officer, employee, agent, or shareholder of Changing Courses 11 LLC ("Licensor"). The Licensee agrees to take all necessary measures to assure that no third-party will seek to hold any director, officer, employee, agent, or shareholder of the Licensor responsible for any liability or obligation of the Licensee under this Agreement. The Licensee will indemnify and hold harmless the Licensor and its directors, officers, employees, agents, and shareholders from and against all damages, losses, costs and expenses, including actual attorneys' fees and costs, resulting from any such third-party claim, suit or proceeding.
10. Confidentiality
Both parties agree to keep confidential all non-public information obtained from the other party that is marked as confidential or reasonably should be assumed to be confidential, unless required to disclose such information by law or regulatory authority.
11. Dispute Resolution
Any disputes arising out of or relating to this Agreement will first be attempted to be resolved through good faith negotiation between the parties. If a resolution cannot be reached, the parties agree to use a mutually agreed-upon mediator before resorting to litigation.
12. Representations and Warranties
The Licensor represents and warrants that it has the full right and authority to license the 'Roadmap to Riches' product under this Agreement and that the Product does not infringe on the rights of any third party.
13. Compliance with Laws
The Licensee agrees to comply with all applicable laws, regulations, and ordinances in the performance of this Agreement, including but not limited to laws pertaining to intellectual property rights and resale of products.
14. Assignment
This Agreement is personal to the Licensee and may not be assigned or transferred to any third party without the prior written consent of the Licensor.
15. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, national emergencies, war, terrorist acts, riots, strikes, or governmental action.
16. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the Product, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Product, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF THE TRANSACTIONS INITIATED OR COMPLETED BY CHANGING COURSES 11 LLL OR VIA THE PRODUCT. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or others laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
17. CORRECTIONS
The Parties acknowledge that despite their best efforts, errors or discrepancies may occur in the drafting of this Agreement. Therefore, if any typographical errors, discrepancies, inconsistencies, ambiguities, omissions or similar errors are found in this Agreement, Changing Courses 11 LLC shall have the unilateral right, but not the obligation, to correct such errors or discrepancies in order to ensure the integrity and clarity of the Agreement, without the requirement for the consent or approval of any other Party. Any corrections made under this clause will be effective immediately upon notice to the other Parties, which may be given by any reasonable means including via email or through an update posted on a website provided by Changing Courses 11 LLC.
18. DISCLAIMER
The Parties acknowledge and agree that the product, service, or software (the "Product") provided under this Agreement is delivered "as is," without any warranties or representations, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any other warranties arising from course of dealing, usage or trade practice. Changing Courses 11 LLC reserves the unilateral right, but not the obligation, to make any changes, improvements, modifications, or updates to the Product at any time, without the requirement for the consent or approval of any other Party. Any such changes will be effective immediately upon notice to the other Parties, which may be given by any reasonable means including via email or through an update posted on a website provided by Changing Courses 11 LLC.
19. MODIFICATIONS AND INTERRUPTIONS
The Parties acknowledge and agree that Changing Courses 11 LLC reserves the unilateral right, but not the obligation, to modify, suspend, or discontinue, temporarily or permanently, any part or all of the Product or service provided under this Agreement, at any time and for any reason, without the requirement for the consent or approval of any other Party. Changing Courses 11 LLC shall not be liable to any Party or to any third party for any modification, suspension, or discontinuance of the Product or service, or any part thereof. Any such changes, suspensions, or discontinuances will be effective immediately upon notice to the other Parties, which may be given by any reasonable means including via email or through an update posted on a website provided by Changing Courses 11 LLC.
Enforcement and Future Modifications
The Parties understand and agree that if the licensee ("You") fails to comply with any of the terms and conditions set forth in this Licensing Agreement, the licensor, Changing Courses 11 LLC ("We" or "Us"), reserves the right to seek appropriate legal remedies, including but not limited to filing a lawsuit for breach of contract.
This right of enforcement extends to any modifications, additions, or updates to the terms and conditions of this Licensing Agreement made in the future. You agree that We reserve the right to modify the terms and conditions of this Licensing Agreement at any time, and it is your responsibility to review the Agreement periodically for any such changes. Your continued use of the licensed materials or failure to terminate this Agreement after such changes have been posted constitutes your acceptance of these changes.
If you violate any future updates, modifications, or additions to this Licensing Agreement, We will have the right to enforce the updated Agreement and seek all available remedies, including the filing of a lawsuit.
19. California Residents:
If any complaint with Changing Courses 11 LLC is not satisfactorily resolve, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
20. Entire Agreement
This Agreement constitutes the entire agreement between the Licensee and Changing Courses 11 LLC ("Licensor") with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the Licensor. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
21. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us (Changing Courses 11 LLC, The Licensor) on the Product or in respect to the Product constitute the entire agreement and understanding between you and us (The Licensor, Changing Courses 11 LLC and the Licensee, The Buyer). Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligation to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, the provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provision . There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms of use of the Product. You agree that these Legal Terms will be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic for of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Changing Courses 11 LLC Community Guidelines
Welcome to our community. As members, we commit to uphold the values of integrity, honesty, diligence, trust, and ethics. We believe in treating each other with respect and fostering a positive, supportive environment. In order to ensure the best experience for all members, we ask that you follow these guidelines:
Integrity and Honesty: Be transparent and honest in your interactions. Misleading conduct, misrepresentation, or manipulation is not tolerated.
Diligence: Show commitment and diligence in all your activities related to the community. Be attentive and considerate to the needs and queries of other members.
Trust: Build trust through your actions. Do not breach the trust of others, misuse information, or take advantage of situations for personal gain at the expense of others.
Ethics: Respect and uphold the ethical guidelines of the community. Any actions that contravene these guidelines, including illegal activities or unethical conduct, are strictly prohibited.
No Lead Poaching: Respect the business interests of all members. Stealing leads or poaching from social media, or attempting to do so, is strictly prohibited. Respect the rights of others to their own client relationships.
Respectful Communication: Treat others with kindness and respect. Any form of harassment, bullying, or discrimination will not be tolerated.
Confidentiality: Respect the confidentiality of discussions and proprietary information. Do not disclose or share confidential information without appropriate consent.
Compliance with Agreement: Comply with the terms and conditions of the established agreement at all times.
Compliance with Laws: Comply with all applicable laws and regulations in your interactions within and on behalf of the community.
Failure to adhere to these community guidelines may result in immediate termination of your membership, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.
We appreciate your commitment to these guidelines and look forward to a thriving, respectful, and positive community.
Last updated 05-17-22
PRIVACY POLICY
October 3rd 2023
Sunshine Soul Lifestyle By Nina Brooke
(Nina Pleshe) values its users' privacy. This Privacy Policy ("Policy") will help you
understand how we collect and use personal information from those who visit our website or make use of our online facilities
and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Sunshine Soul Lifestyle By Nina Brooke
of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time
Sunshine Soul Lifestyle By Nina Brooke
decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated
when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have
the option as to whether to permit the use of their information in this separate manner.
This Policy applies to
Sunshine Soul Lifestyle By Nina Brooke
, and it governs any and all data collection and usage by us.
Through the use of www.sunshinesoullife.com
, you are therefore consenting to the data collection procedures expressed in
this Policy.
Please note that this Policy does not govern the collection and use of information by companies that
Sunshine Soul Lifestyle
By Nina Brooke
does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or
link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested
that you review the privacy policies and statements of any website you choose to use or frequent to better understand the
way in which websites garner, make use of and share the information collected.
Specifically, this Policy will inform you of the following
1.
What personally identifiable information is collected from you through our website;
2.
Why we collect personally identifiable information and the legal basis for such collection;
3.
How we use the collected information and with whom it may be shared;
4.
What choices are available to you regarding the use of your data; and
5.
The security procedures in place to protect the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we
reserve the right not to register you as a user or provide you with any products or services.
This website collects various
types of information, such as:
·
Voluntarily provided information which may include your name, address, email address, billing and/or credit card
information etc. which may be used when you purchase products and/or services and to deliver the services you have
requested.
·
Information automatically collected when visiting our website, which may include cookies, third party tracking
technologies and server logs.
In addition,
Sunshine Soul Lifestyle By Nina Brooke
may have the occasion to collect non-personal anonymous demographic
information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you
are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.
Sunshine Soul Lifestyle By Nina Brooke
may also deem it necessary, from time to time, to follow websites that our users may
frequent to gleam what types of services and products may be the most popular to customers or the general public.
Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of
📷
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20
surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose
for which it was requested, and any additional uses specifically provided for on this Policy.
Why We Collect Information and For How Long
We are collecting your data for several reasons:
·
To better understand your needs and provide you with the services you have requested;
·
To fulfill our legitimate interest in improving our services and products;
·
To send you promotional emails containing information we think you may like when we have your consent to do so;
·
To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
·
To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be
determined based upon the following criteria: the length of time your personal information remains relevant; the length of time
it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within
which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or
associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such
information as stated in this Policy.
Use of Information Collected
Sunshine Soul Lifestyle By Nina Brooke
does not now, nor will it in the future, sell, rent or lease any of its customer lists
and/or names to any third parties.
Sunshine Soul Lifestyle By Nina Brooke
may collect and may make use of personal information to assist in the operation of
our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally
identifiable information as a means to keep you informed of other possible products and/or services that may be available to
you from www.sunshinesoullife.com
Sunshine Soul Lifestyle By Nina Brooke
may also be in contact with you with regards to completing surveys and/or research
questionnaires related to your opinion of current or potential future services that may be offered.
Sunshine Soul Lifestyle By Nina Brooke
uses various third-party social media features including but not limited to
www.facebook.com/sunshinesoullife, www.instagram.com/sunshinesoullifestyle and other interactive programs.
These may
collect your IP address and require cookies to work properly.
These services are governed by the privacy policies of the
providers and are not within
Sunshine Soul Lifestyle By Nina Brooke
's control
.
Disclosure of Information
Sunshine Soul Lifestyle By Nina Brooke
may not use or disclose the information provided by you except under the following
circumstances:
·
as necessary to provide services or products you have ordered;
·
in other ways described in this Policy or to which you have otherwise consented;
·
in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
·
as required by law, or in response to a subpoena or search warrant;
·
to outside auditors who have agreed to keep the information confidential;
·
as necessary to enforce the Terms of Service;
·
as necessary to maintain, safeguard and preserve all the rights and property of
Sunshine Soul Lifestyle By Nina
Brooke
.
Non-Marketing Purposes
Sunshine Soul Lifestyle By Nina Brooke
greatly respects your privacy. We do maintain and reserve the right to contact you if
needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in
Sunshine Soul
Lifestyle By Nina Brooke
products and services).
In certain circumstances, we may use our website, newspapers, or other
public means to post a notice.
Children under the age of 13
Sunshine Soul Lifestyle By Nina Brooke
's website is not directed to, and does not knowingly collect personal identifiable
information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently
collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such
information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use
and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission
to use this website.
Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications from us by way of email or
newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to
sunshinesoullife@gmail.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific
website to unsubscribe or opt-out.
Sunshine Soul Lifestyle By Nina Brooke
will continue to adhere to this Policy with respect
to any personal information previously collected.
Links to Other Websites
Our website does contain links to affiliate and other websites.
Sunshine Soul Lifestyle By Nina Brooke
does not claim nor
accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all
users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects
personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our
website.
Notice to European Union Users
Sunshine Soul Lifestyle By Nina Brooke
's operations are located primarily in the United States. If you provide information to
us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision
on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in
the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to
companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting
to its storage and use as described in this Policy.
Security
Sunshine Soul Lifestyle By Nina Brooke
takes precautions to protect your information. When you submit sensitive information
via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit
card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock
icon in the address bar and looking for "https" at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only
employees who need the information to perform a specific job (for example, billing or customer service) are granted access to
personally identifiable information. The computers and servers in which we store personally identifiable information are kept in
a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the
user's personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users' trust and
confidence in the internet and website use by providing simple and secure access and communication of credit card and
personal information
.
Acceptance of Terms
By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If
you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your
continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you
agree and acceptance of such changes.
How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to
contact us at the following email, telephone number or mailing address.
Email:
Telephone Number:
2187800163
Mailing Address:
Sunshine Soul Lifestyle By Nina Brooke
115 Hematite St
Hibbing
,
Minnesota
55746
TERMS AND CONDITIONS
Last Updated: . PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Sunshine Soul Lifestyle By Nina Brooke (hereinafter " Nina Pleshe"), a company duly organized and validly existing, located at 115 Hematite St, Hibbing, Minnesota 55746. This Agreement annuls and voids all previous agreements. OVERVIEW The Site (www.sunshinesoullife.com) is operated by Nina Pleshe. Throughout the Site, the terms "we", "us" and "our" refer to Nina Pleshe. Nina Plesheoffers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control. Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. SECTION 1 - GENERAL TERMS By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: 1. Restrict, suspend or terminate your access to all or any part of our Site; 2. Change, suspend or discontinue all or any part of our products or Site; 3. Refuse, move, or remove any content that is available on all or any part of our Site; 4. Deactivate or delete your accounts; 5. Establish general practices and limits concerning use of our Site. You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Nina Pleshecontent is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Nina Pleshe and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Nina Pleshe or our licensors except as expressly authorized by these Terms. SECTION 2 - CREATING AN ACCOUNT Once you create an account with us, you are registered on the Nina Pleshe Site. The terms "member," "membership," and "account" all refer to this registration as a member on Nina Pleshe's Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site. When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Nina Pleshe is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Sunshine Soul Lifestyle By Nina Brooke will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Sunshine Soul Lifestyle By Nina Brooke Services, or any portion thereof. SECTION 3 - CONDUCT As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Nina Pleshe Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Nina Pleshe. Furthermore, you herein agree not to make use of Sunshine Soul Lifestyle By Nina Brooke's Services for the purpose of: a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; b) causing harm to minors in any manner whatsoever; c) impersonating any individual or entity, including, but not limited to, any Nina Pleshe officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions; j) interfering with or disrupting any Sunshine Soul Lifestyle By Nina BrookeServices, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act; m) "stalking" or with the intent to otherwise harass another individual; and/or n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. Sunshine Soul Lifestyle By Nina Brooke herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members. Sunshine Soul Lifestyle By Nina Brooke herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: a) compliance with any legal process; b) enforcement of the Terms; c) responding to any claim that therein contained content is in violation of the rights of any third party; d) responding to requests for customer service; or e) protecting the rights, property or the personal safety of Sunshine Soul Lifestyle By Nina Brooke, its visitors, users and members, including the general public. Sunshine Soul Lifestyle By Nina Brooke herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Sunshine Soul Lifestyle By Nina Brooke or any other content providers supplying content services to Sunshine Soul Lifestyle By Nina Brooke. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited. SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you: a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws. SECTION 5 - SUBMITTED CONTENT Sunshine Soul Lifestyle By Nina Brooke shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Sunshine Soul Lifestyle By Nina Brooke the below listed worldwide, royalty-free and non-exclusive licenses, as applicable: a) The content submitted or made available for inclusion on the publicly accessible areas of Sunshine Soul Lifestyle By Nina Brooke's Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Sunshine Soul Lifestyle By Nina Brooke's sites, and shall terminate at such time when you elect to discontinue your membership. b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Sunshine Soul Lifestyle By Nina Brooke's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Sunshine Soul Lifestyle By Nina Brooke's sites and shall terminate at such time when you elect to discontinue your membership. c) For any other content submitted or made available for inclusion on the publicly accessible areas of Sunshine Soul Lifestyle By Nina Brooke's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed "publicly accessible" areas of Sunshine Soul Lifestyle By Nina Brooke's Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging. CONTRIBUTIONS TO COMPANY WEBSITE Sunshine Soul Lifestyle By Nina Brooke may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: a) your contributions do not contain any type of confidential or proprietary information; b) Nina Pleshe shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; c) Nina Pleshe shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; d) the contributor's Contributions shall automatically become the sole property of Nina Pleshe; and e) Nina Pleshe is under no obligation to either compensate or provide any form of reimbursement in any manner or nature. SECTION 6 - INDEMNITY All users and/or members agree to insure and hold Sunshine Soul Lifestyle By Nina Brooke, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Nina Pleshe Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person. SECTION 7 - COMMERCIAL REUSE OF SERVICES The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Nina Pleshe's sites. SECTION 8 - MODIFICATIONS Sunshine Soul Lifestyle By Nina Brookereserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. SECTION 9 - TERMINATION As a member of www.sunshinesoullife.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to . As a member, you agree that Sunshine Soul Lifestyle By Nina Brooke may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline; b) by way of requests from law enforcement or any other governmental agencies; c) the discontinuance, alteration and/or material modification to our Services, or any part thereof; d) unexpected technical or security issues and/or problems; e) any extended periods of inactivity; f) any engagement by you in any fraudulent or illegal activities; and/or g) the nonpayment of any associated fees that may be owed by you in connection with your www.sunshinesoullife.com account Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with www.sunshinesoullife.com shall include any and/or all of the following: a) the removal of any access to all or part of the Services offered within www.sunshinesoullife.com; b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and c) the barring of any further use of all or part of our Services. SECTION 10 - LINKS Either Sunshine Soul Lifestyle By Nina Brooke or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Sunshine Soul Lifestyle By Nina Brooke shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. SECTION 11 - PROPRIETARY RIGHTS You do hereby acknowledge and agree that Sunshine Soul Lifestyle By Nina Brooke's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Sunshine Soul Lifestyle By Nina Brooke or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Sunshine Soul Lifestyle By Nina Brooke Services (e.g. Content or Software), in whole or part. Sunshine Soul Lifestyle By Nina Brooke hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Sunshine Soul Lifestyle By Nina Brooke for use in accessing our Services. SECTION 12 - WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF SUNSHINE SOUL LIFESTYLE BY NINA BROOKESERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SUNSHINE SOUL LIFESTYLE BY NINA BROOKE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. b ) SUNSHINE SOUL LIFESTYLE BY NINA BROOKE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SUNSHINE SOUL LIFESTYLE BY NINA BROOKE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SUNSHINE SOUL LIFESTYLE BY NINA BROOKE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SUNSHINE SOUL LIFESTYLE BY NINA BROOKE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SUNSHINE SOUL LIFESTYLE BY NINA BROOKE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SUNSHINE SOUL LIFESTYLE BY NINA BROOKE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. SECTION 13 - LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SUNSHINE SOUL LIFESTYLE BY NINA BROOKE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. SECTION 14 - RELEASE In the event you have a dispute, you agree to release Sunshine Soul Lifestyle By Nina Brooke(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute. SECTION 15 - NOTICE Sunshine Soul Lifestyle By Nina Brooke may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner. SECTION 16 - INTELLECTUAL PROPERTY RIGHTS You herein acknowledge, understand and agree that all of the Sunshine Soul Lifestyle By Nina Brooketrademarks, copyright, trade name, service marks, and other Sunshine Soul Lifestyle By Nina Brookelogos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Sunshine Soul Lifestyle By Nina Brooke. You herein agree not to display and/or use in any manner the Sunshine Soul Lifestyle By Nina Brookelogo or marks without obtaining Sunshine Soul Lifestyle By Nina Brooke's prior written consent. Sunshine Soul Lifestyle By Nina Brooke will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Sunshine Soul Lifestyle By Nina Brooke may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf. The Sunshine Soul Lifestyle By Nina Brooke agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: Sunshine Soul Lifestyle By Nina Brooke Attn: Copyright Agent 115 Hematite St Hibbing, Minnesota 55746 Telephone: 12187800163 Email: sunshinesoullife@gmail.com SECTION 17 - ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and Sunshine Soul Lifestyle By Nina Brookeand shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Sunshine Soul Lifestyle By Nina Brooke Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Sunshine Soul Lifestyle By Nina Brooke Services, affiliate Services, third-party content or third-party software. SECTION 18 - CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and Sunshine Soul Lifestyle By Nina Brooke with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Minnesota without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to theAgreement, or the relationship between you and Sunshine Soul Lifestyle By Nina Brooke, shall be filed within the courts having jurisdiction within the County of St Louis, Minnesota or the U.S. District Court located in said state. You and Sunshine Soul Lifestyle By Nina Brooke agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. SECTION 19 - WAIVER AND SEVERABILITY OF TERMS At any time, should Sunshine Soul Lifestyle By Nina Brooke fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. SECTION 21 - STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 5 year(s) after said claim or cause of action arose or shall be forever barred. SECTION 22 - VIOLATIONS Please report any and all violations of this Agreement to Sunshine Soul Lifestyle By Nina Brooke as follows: Mailing Address: Sunshine Soul Lifestyle By Nina Brooke 115 Hematite St Hibbing, Minnesota 55746 Telephone: 12187800163 Email: sunshinesoullife@gmail.com SECTION 23 - GOVERNMENT REQUESTS In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy. SECTION 24 - FOREIGN ACCESS OF SITE The Site is controlled, operated and administered by Nina Pleshefrom our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Nina Pleshe's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated. SECTION 26 - PRIVACY POLICY Every member's registration data and various other personal information are strictly protected by the Sunshine Soul Lifestyle By Nina Brooke Online Privacy Policy (see the full Privacy Policy at www.sunshinesoullife.com). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Sunshine Soul Lifestyle By Nina Brooke and/or our subsidiaries and affiliates.
Last Updated: . PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Sunshine Soul Lifestyle By Nina Brooke (hereinafter " Nina Pleshe"), a company duly organized and validly existing, located at 115 Hematite St, Hibbing, Minnesota 55746. This Agreement annuls and voids all previous agreements. OVERVIEW The Site (www.sunshinesoullife.com) is operated by Nina Pleshe. Throughout the Site, the terms "we", "us" and "our" refer to Nina Pleshe. Nina Plesheoffers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control. Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. SECTION 1 - GENERAL TERMS By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: 1. Restrict, suspend or terminate your access to all or any part of our Site; 2. Change, suspend or discontinue all or any part of our products or Site; 3. Refuse, move, or remove any content that is available on all or any part of our Site; 4. Deactivate or delete your accounts; 5. Establish general practices and limits concerning use of our Site. You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Nina Pleshecontent is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Nina Pleshe and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Nina Pleshe or our licensors except as expressly authorized by these Terms. SECTION 2 - CREATING AN ACCOUNT Once you create an account with us, you are registered on the Nina Pleshe Site. The terms "member," "membership," and "account" all refer to this registration as a member on Nina Pleshe's Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site. When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Nina Pleshe is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Sunshine Soul Lifestyle By Nina Brooke will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Sunshine Soul Lifestyle By Nina Brooke Services, or any portion thereof. SECTION 3 - CONDUCT As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Nina Pleshe Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Nina Pleshe. Furthermore, you herein agree not to make use of Sunshine Soul Lifestyle By Nina Brooke's Services for the purpose of: a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; b) causing harm to minors in any manner whatsoever; c) impersonating any individual or entity, including, but not limited to, any Nina Pleshe officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions; j) interfering with or disrupting any Sunshine Soul Lifestyle By Nina BrookeServices, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act; m) "stalking" or with the intent to otherwise harass another individual; and/or n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. Sunshine Soul Lifestyle By Nina Brooke herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members. Sunshine Soul Lifestyle By Nina Brooke herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: a) compliance with any legal process; b) enforcement of the Terms; c) responding to any claim that therein contained content is in violation of the rights of any third party; d) responding to requests for customer service; or e) protecting the rights, property or the personal safety of Sunshine Soul Lifestyle By Nina Brooke, its visitors, users and members, including the general public. Sunshine Soul Lifestyle By Nina Brooke herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Sunshine Soul Lifestyle By Nina Brooke or any other content providers supplying content services to Sunshine Soul Lifestyle By Nina Brooke. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited. SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you: a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws. SECTION 5 - SUBMITTED CONTENT Sunshine Soul Lifestyle By Nina Brooke shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Sunshine Soul Lifestyle By Nina Brooke the below listed worldwide, royalty-free and non-exclusive licenses, as applicable: a) The content submitted or made available for inclusion on the publicly accessible areas of Sunshine Soul Lifestyle By Nina Brooke's Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Sunshine Soul Lifestyle By Nina Brooke's sites, and shall terminate at such time when you elect to discontinue your membership. b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Sunshine Soul Lifestyle By Nina Brooke's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Sunshine Soul Lifestyle By Nina Brooke's sites and shall terminate at such time when you elect to discontinue your membership. c) For any other content submitted or made available for inclusion on the publicly accessible areas of Sunshine Soul Lifestyle By Nina Brooke's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed "publicly accessible" areas of Sunshine Soul Lifestyle By Nina Brooke's Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging. CONTRIBUTIONS TO COMPANY WEBSITE Sunshine Soul Lifestyle By Nina Brooke may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: a) your contributions do not contain any type of confidential or proprietary information; b) Nina Pleshe shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; c) Nina Pleshe shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; d) the contributor's Contributions shall automatically become the sole property of Nina Pleshe; and e) Nina Pleshe is under no obligation to either compensate or provide any form of reimbursement in any manner or nature. SECTION 6 - INDEMNITY All users and/or members agree to insure and hold Sunshine Soul Lifestyle By Nina Brooke, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Nina Pleshe Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person. SECTION 7 - COMMERCIAL REUSE OF SERVICES The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Nina Pleshe's sites. SECTION 8 - MODIFICATIONS Sunshine Soul Lifestyle By Nina Brookereserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. SECTION 9 - TERMINATION As a member of www.sunshinesoullife.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to . As a member, you agree that Sunshine Soul Lifestyle By Nina Brooke may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline; b) by way of requests from law enforcement or any other governmental agencies; c) the discontinuance, alteration and/or material modification to our Services, or any part thereof; d) unexpected technical or security issues and/or problems; e) any extended periods of inactivity; f) any engagement by you in any fraudulent or illegal activities; and/or g) the nonpayment of any associated fees that may be owed by you in connection with your www.sunshinesoullife.com account Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with www.sunshinesoullife.com shall include any and/or all of the following: a) the removal of any access to all or part of the Services offered within www.sunshinesoullife.com; b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and c) the barring of any further use of all or part of our Services. SECTION 10 - LINKS Either Sunshine Soul Lifestyle By Nina Brooke or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Sunshine Soul Lifestyle By Nina Brooke shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. SECTION 11 - PROPRIETARY RIGHTS You do hereby acknowledge and agree that Sunshine Soul Lifestyle By Nina Brooke's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Sunshine Soul Lifestyle By Nina Brooke or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Sunshine Soul Lifestyle By Nina Brooke Services (e.g. Content or Software), in whole or part. Sunshine Soul Lifestyle By Nina Brooke hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Sunshine Soul Lifestyle By Nina Brooke for use in accessing our Services. SECTION 12 - WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF SUNSHINE SOUL LIFESTYLE BY NINA BROOKESERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SUNSHINE SOUL LIFESTYLE BY NINA BROOKE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. b ) SUNSHINE SOUL LIFESTYLE BY NINA BROOKE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SUNSHINE SOUL LIFESTYLE BY NINA BROOKE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SUNSHINE SOUL LIFESTYLE BY NINA BROOKE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SUNSHINE SOUL LIFESTYLE BY NINA BROOKE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SUNSHINE SOUL LIFESTYLE BY NINA BROOKE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SUNSHINE SOUL LIFESTYLE BY NINA BROOKE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. SECTION 13 - LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SUNSHINE SOUL LIFESTYLE BY NINA BROOKE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. SECTION 14 - RELEASE In the event you have a dispute, you agree to release Sunshine Soul Lifestyle By Nina Brooke(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute. SECTION 15 - NOTICE Sunshine Soul Lifestyle By Nina Brooke may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner. SECTION 16 - INTELLECTUAL PROPERTY RIGHTS You herein acknowledge, understand and agree that all of the Sunshine Soul Lifestyle By Nina Brooketrademarks, copyright, trade name, service marks, and other Sunshine Soul Lifestyle By Nina Brookelogos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Sunshine Soul Lifestyle By Nina Brooke. You herein agree not to display and/or use in any manner the Sunshine Soul Lifestyle By Nina Brookelogo or marks without obtaining Sunshine Soul Lifestyle By Nina Brooke's prior written consent. Sunshine Soul Lifestyle By Nina Brooke will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Sunshine Soul Lifestyle By Nina Brooke may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf. The Sunshine Soul Lifestyle By Nina Brooke agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: Sunshine Soul Lifestyle By Nina Brooke Attn: Copyright Agent 115 Hematite St Hibbing, Minnesota 55746 Telephone: 12187800163 Email: sunshinesoullife@gmail.com SECTION 17 - ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and Sunshine Soul Lifestyle By Nina Brookeand shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Sunshine Soul Lifestyle By Nina Brooke Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Sunshine Soul Lifestyle By Nina Brooke Services, affiliate Services, third-party content or third-party software. SECTION 18 - CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and Sunshine Soul Lifestyle By Nina Brooke with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Minnesota without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to theAgreement, or the relationship between you and Sunshine Soul Lifestyle By Nina Brooke, shall be filed within the courts having jurisdiction within the County of St Louis, Minnesota or the U.S. District Court located in said state. You and Sunshine Soul Lifestyle By Nina Brooke agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. SECTION 19 - WAIVER AND SEVERABILITY OF TERMS At any time, should Sunshine Soul Lifestyle By Nina Brooke fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. SECTION 21 - STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 5 year(s) after said claim or cause of action arose or shall be forever barred. SECTION 22 - VIOLATIONS Please report any and all violations of this Agreement to Sunshine Soul Lifestyle By Nina Brooke as follows: Mailing Address: Sunshine Soul Lifestyle By Nina Brooke 115 Hematite St Hibbing, Minnesota 55746 Telephone: 12187800163 Email: sunshinesoullife@gmail.com SECTION 23 - GOVERNMENT REQUESTS In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy. SECTION 24 - FOREIGN ACCESS OF SITE The Site is controlled, operated and administered by Nina Pleshefrom our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Nina Pleshe's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated. SECTION 26 - PRIVACY POLICY Every member's registration data and various other personal information are strictly protected by the Sunshine Soul Lifestyle By Nina Brooke Online Privacy Policy (see the full Privacy Policy at www.sunshinesoullife.com). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Sunshine Soul Lifestyle By Nina Brooke and/or our subsidiaries and affiliates.