Online Courses Terms & Conditions
You (“Client” or “You”) and Practically Organized, LLC. doing business Practically Organized, Nicole Holtman Coaching (“Company”, “we”, or “us”) agree to the following:
Programs
The Company agrees to provide you with access to our Online Courses as listed on the site (“Programs”). As a condition of participating in the Programs, you agree to abide by the policies and procedures set out in this Agreement, including those incorporated by reference.
Terms of Use, Privacy Policy, & Disclaimer
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, they shall apply fully to your participation in the Programs. In the event of a conflict between them and this Agreement, this Agreement shall govern.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Practically Organized, LLC, concerning your access to and use of the Programs. You agree that by accessing the Programs, you have read, understood, and agreed to be bound by all these Legal Terms.
We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.
The Programs are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Programs.
Our Services
The information provided when using the Programs is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Programs from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company agrees only to provide Client with access to the Programs, which provides education and information. The information contained in the Programs, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
Fees
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Programs. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be in US dollars. From time to time the Company may also offer other Promotions, with terms that will be solely at the Company’s discretion.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
Subscriptions
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
Refund Policy
The Company provides a money-back guarantee for the Programs. It is governed by the following terms.
We want You to be satisfied with your purchase, but your success will hinge on whether you put in the work necessary to succeed. Thus, we offer a money-back guarantee on purchases of the Programs on a case-by-case basis. You must demonstrate that you have attempted to complete and apply the lessons. To claim a refund, You must request your money back within ten days of the start of the course. You may request your money back via email. That email must reference the Product, set out the date of Your purchase, and the email and name associated with Your purchase. You must also demonstrate that you have attempted to implement the programs without success.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control the payment processor and will not be able to direct the processer to expedite or otherwise extraordinarily handle any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
The Programs As part of the Programs, the Company shall provide the following to the Client.
Access To Program Area – The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area for your lifetime, as long as the Program Area exists. In the event that Company intends to close the Program Area, it shall provide You with at least 30 days’ notice and the ability to download the resources contained in the Program Area.
Access To Any Corresponding Private Discussion Group – The Company shall maintain a Private Group that You will have access to as a member of the Programs. That Group provides a forum for You to connect with other Programs participants and to seek guidance and support. Members of the Company will seek to interact with Programs participants in the group, but the Company does not guarantee any amount of participation by its employees, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.
Q&A Calls/Sessions – As a member of the Programs, you may have access to group question and answer sessions which will be available live and recorded. The Company shall provide you with details about how to participate in these question and answer sessions.
Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Programs. You shall be entitled to any bonuses offered to you at the time of registration.
Ownership Of Intellectual Property
All content included as part of the Programs, such as text, graphics, logos, images, and the compilation thereof, as well as any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may use such marks only with the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans in the Programs are the trademarks of their respective owners.
Your participation in the Programs does not result in the transfer of any intellectual property to You, and, as a condition of participation in the Programs, You agree to observe and abide by all copyright and other intellectual property protections.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the content, materials and resources in the Programs. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, distributed, licensed, or in any way exploit any of the content, in whole or in part, found in the Programs.
The Company content is not for resale. Your participation in the Programs does not entitle you 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 individual use and You will make other use of the content only with the express written permission of the Company 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 the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Programs will be terminated immediately, and you will not be entitled to a refund of any portion of the fees.
We reserve all rights not expressly granted to you in and to the Programs, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Programs will terminate immediately.
Your submissions and contributions
The Company does not claim ownership of the information or materials You may provide during the Programs (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Programs – in the Programs and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
Confidentiality
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Programs, you hereby agree to respect the privacy of other Programs participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Programs participants outside of the bounds of the Programs unless you receive express written permission from such other participants to share the information. Similarly, the content of the Programs contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Programs with anyone other than the Company, its owners and employees, and other Program participants.
Personal Responsibility
By participating in the Programs, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Programs or not. The Company provides educational and informational resources that are intended to help participants in the Programs succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – from applying the principles included in the Programs are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Programs. You agree to use good judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended in the Programs.
User Representations
By using the Programs, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Programs through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Programs for any illegal or unauthorized purpose; and (5) your use of the Programs will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Programs (or any portion thereof).
No Warranties
The Company makes no warranties regarding the performance or operation of the Programs, including any technical aspects of the Programs. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Programs. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Products
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Corrections
There may be information on the Programs that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Programs at any time, without prior notice.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Programs and/or any information and resources contained in the Programs. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Programs.
The information, software, products, and service included or available through the Programs may include inaccuracies or typographical errors, or details for which updates later become available. Changes are occasionally added to the information in the Programs. The Company and/or its suppliers may make improvements and/or changes in the Programs at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Programs for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or for lost profits arising out of or in any way connected with the use or performance of the Programs, or with the delay or inability to use the Programs or related service, or with the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Programs, or otherwise arising out of the use of the Programs, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may or may not apply to You. If you are dissatisfied with the Programs or any portion of it, your sole and exclusive remedy is to discontinue using the Programs.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Programs.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Chester, Maryland. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including attorneys’ fees) relating to or arising out of your use of or inability to use the Programs and related services, of any user postings made by you, of your violation of any terms of this Agreement or of your violation of any rights of a third party, or of your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Third-Party Websites and Content
The Programs may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Programs or any Third-Party Content posted on, available through, or installed from the Programs, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Programs and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Programs or relating to any applications you use or install from the Programs. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Programs and the related services or any portion thereof at any time, if You become disruptive to the Company the other Programs, or the Program’s participants, if You fail to follow the Programs guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under any payment plan in the event of such termination.
Entire Agreement
This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Programs, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and the Company with respect to the Programs. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement, or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof, nor preclude the exercise of any other right, remedy, power, or privilege.
Force Majeure
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown or power outage.
Effective Date
This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Programs
Changes To These Terms and Conditions
We reserve the right to make changes to this Terms & Conditions.
Last update was made 3/6/2024.