Please carefully read these terms of use (hereinafter “Terms”) before selecting or signing up for any online course because they affect your legal rights and obligations. These terms constitute legally binding terms and govern your use of daniellemika.com and daniel
1. No Refund Policy
All amounts paid on or through the sites for any respective course, program or event are nonrefundable. This means that once a purchase is made, no refunds or exchanges will be issued, regardless of the reason. Please carefully review your order and be sure you have no technical issues/problems before completing your purchase. If you have any questions or concerns, please contact Danielle Mika Nagel (see below email at the bottom of these Terms) prior to making a purchase.
2. Ownership of Site Materials
Danielle Mika Nagel (hereinafter "DMN") owns, controls or licenses the materials available on the sites, and the materials on the sites are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. No rights (either by implication, estoppels or otherwise) are granted to you. Your use of the sites does not grant to you any rights to any content, code, or materials you may access on or though the sites. Any commercial or promotional distribution, publishing or exploitation of the sites, or any content, code, data or materials on the sites is strictly prohibited, unless you have received the express prior written permission from the site’s authorized personnel.
3. Copyright/Trademarks
The entire content of the sites are copyrighted under the United States copyright laws and or similar laws of other jurisdictions. The materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written approval from the site’s authorized personnel. You further agree not to display or use in any manner any materials or marks, without express prior written permission from the site’s authorized personnel. Any unauthorized use of the materials in the sites is prohibited. You agree to abide by any and all additional trademark and copyright signs, notices, information or restrictions contained in any part of the sites.
4. Medical and Therapeutic Disclaimer
Information provided in the sites is for general informational purposes only and is not intended or implied to provide any medical or therapeutic advice, diagnosis or treatment. You should not use this information to diagnose or treat any health issues, illnesses or diseases. To be clear, the sites are not providing any medical or therapeutic advice. If you have or suspect you have a health or therapeutic problem, you should consult with your doctor or therapist.
5. Disclaimer of Warranties
The sites, including without limitations, the materials, courses and programs offered on the sites, are provided on an “as is”, “as available” and “without all faults” basis to the fullest extent permissible by law. The sites, and owners, employees, directors, officers, members, shareholders, agents, vendors, and contractors of the sites (collectively “DMN parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to (a) the sites; (b) the materials, courses and programs on or provided through the sites; (c) the downloadable items, (d) user content; (e) the functions made accessible on or thought the sites; (f) any products, services or instructions offered or referenced at the sites; and or (g) security associated with the transmission or information transmitted to or from the sites. In addition, the sites and DMN parties hereby disclaim all warranties, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The sites and DMN parties do not represent or warrant that the sites or the functions contained therein will be error free or uninterrupted, that defects will be corrected, or that the sites or the server that makes the sites available be free from any harmful components, including without limitation, viruses or other malware. The sites and DMN parties do not make any representation or warranties that the information on the sites is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. The sites and DMN parties do not warrant that your use of the sites is lawful in any particular jurisdiction, and specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdiction’s law is applicable to these terms.
6. General Disclaimer
The sites and DMN parties do not recommend, endorse or make any representations about the efficacy, appropriateness or suitability of any products, downloads, services, opinions, treatment, advice or any other information from providers or referrals that may be contained or available through the sites. The sites and DMN parties are not responsible for any product, download, service, opinion, treatment, advice, or any other information that you obtain through the sites. By accessing or using the sites, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the sites.
7. Disclaimer and Limitation of Liability
Under no circumstances will the sites or the DMN parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or DMN parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will the sites, DMN or the DMN parties be liable to you or anyone else for loss, damage or injury. Some states, countries, provinces and territories do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. To the maximum extent allowed by applicable law and subject to the below Section 9, in no event will the sites, DMN or the DMN parties’ total liability to you for all damages, loss, or causes of action exceed the greater of (a) the amount you paid for the respective course, program or event that allegedly gave rise to the damages, loss or cause of action or (b) twenty (20) United States dollars. Your access to and use of the sites is at your risk. If you are dissatisfied with the sites, the materials, or anything regarding the sites, your sole and exclusive remedy is to discontinue accessing and using the sites or the materials.
8. Termination and Modification
DMN parties and/or the sites reserve the right to terminate your access to and use of the sites, in its sole discretion, without notice and liability, including without limitation, if the site believes your conduct fails to conform with these Terms. The sites also reserve the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
The sites reserve the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time, any materials, downloads or programs available on the sites without limitations, including the cessation of all activities associated with the sites, with or without notice. You agree that the sites and DMN parties will not be liable to you or to any third party for any modification, suspension or discontinuance of the sites or any part thereof.
9. Governing Law
These terms and the interpretation of these terms will be governed by and construed in accordance with the laws of the state of California, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Conventions on contracts for the international sale of goods, if otherwise applicable.
10. Dispute Resolution, Mediation, Binding Arbitration and Waiver of Judicial Forum
If you have any controversy, allegation or claim that arises out of or relates to the sites, the materials, your use of the sites, courses or programs offered on the sites and/or these Terms, (collectively, “Dispute”), then you agree to send a written notice to DMN providing a reasonable description of your Dispute, along with a proposed resolution of it. Be sure to include your current address and/or contact information. Your notice to DMN must be sent to Danielle Mika Nagel, 970 Camino Del Arroyo Drive, San Marcos, CA 92078. For a period of sixty (60) days from the date of DMN's receipt of your notice, you agree that you and DMN and/or her representative will engage in a dialogue in order to attempt to resolve the Dispute. However, nothing will require either party to resolve the Dispute on terms, in each of their sole discretion, they are not comfortable with.
In the event that such Dispute cannot be resolved by the above-summarized informal sixty-day process, then such Dispute shall then be referred to mediation. Such mediation shall be before a single mediator and shall be conducted in accordance with the Commercial Mediation Procedures of the American Arbitration Association (AAA). The mediator shall be selected pursuant to the AAA’s Commercial Mediation Procedures. The mediation shall take place in Carlsbad, California. If the parties cannot agree on a mediator within ten (10) days of the written demand for mediation, the mediator shall be selected by the American Arbitration Association (AAA) pursuant to its Commercial Mediation Procedures. The mediation shall take place in Carlsbad, California. Each party will be responsible for 50% of the mediation fees and costs as well as their own legal fees and costs (if any).
In the event that such Dispute is not resolved through mediation within ninety (90) days of the appointment of the mediator, either party may initiate binding arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) before a single arbitrator. The arbitration shall be held in Carlsbad, California. The language of the arbitration shall be English. The arbitrator's decision shall be final, binding, and non-appealable. Each party will be responsible for 50% of the arbitration fees and costs as well as their own legal fees and costs (if any).
Waiver of Judicial Forum: To the maximum extent allowed by applicable law, the parties hereby waive their right to trial by jury or by judge and agree that any Dispute, controversy, or claim arising out of or relating to services, programs, events and/or courses offered by DMN, the sites and/or these Terms or the breach thereof, shall be resolved exclusively through the above-summarized informal 60 day process, mediation and/or binding arbitration as set forth above. To be clear, the parties agree not to initiate any lawsuit or other legal action in any court to resolve any such Dispute(s).
Disputes will be resolved, mediated and/or arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any mediator or arbitrator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate and/or arbitrate in this section will not apply and the dispute must be brought exclusively in a federal court in San Diego California.
This section can only be changed or terminated upon mutual written agreement.
11. Notices
You agree that we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the respective site, or in another reasonable manner, and we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address.
12. Miscellaneous
The failure of the sites and DMN parties to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit the sites or the DMN parties rights with respect to such breach or any subsequent breaches. The sites and DMN parties may assign their rights and duties under these Terms to any party at any time without notice to you. If any provision of these Terms are deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be constructed against the sites or DMN parties by virtue of having drafted them. DMN Parties and/or the sites reserve the right to deny access to all or part of the sites to you or any person in their sole discretion without notice or liability to you of any kind.
Please email daniellemika108@gmail.