Effective Date: December 15, 2021
This web page represents a legal document and is the Terms and Conditions, from now on called (Agreement) for our Website, www.nickkolenda.com. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.
The terms “us”, “we”, and “our” refer to Kolenda Group LLC, the owner of this Website.
The term “Product(s)” refers to any products or services we sell. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Products. The term “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, design, and data offered through our Website or Products are collectively known as our “Content.” We distinguish content posted by our Members as “Member Content.”
Eligibility and Registration for Membership
To use our Website and Products, you must register to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Products are intended solely for Users who are at least (16) years old or older. Any registration by, use of, or access to our Website and Products by anyone under that age is unauthorized, unlicensed, and in violation of this Agreement. By using our Website and Products, you represent and warrant that you are at least (16) years old, and agree to obey all the terms of this Agreement. Kolenda Group LLC has sole right and discretion to decide whether to accept a Member and may reject a Member’s registration with or without explanation.
When you complete the registration process, you may receive a password that will allow you to access our Website and Products. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur by using your password.
You agree to immediately tell us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Acceptance of Agreement
This Agreement is between you and Kolenda Group LLC.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EVERY TERM AND CONDITION SET FORTH HERE, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE ACCESS AND BROWSE IT FURTHER.
Except as otherwise noted, this Agreement makes up the entire and only Agreement between you and Kolenda Group LLC and supersedes all other Agreements, representations, warranties, and understandings about our Website, Products, and the subject matter here. However, for you to use our Website and Products, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the www. nickkolenda.com Privacy Notice, do not use this Website or our Products.
Any legal controversy or claim arising from or relating to this Agreement and/or our Website and Products, excluding legal action taken by us to collect or recover damages for–or obtain any injunction relating to–website operations, intellectual property, and our Products, will be settled solely by binding arbitration following the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Cary, North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Cary, North Carolina necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Cary, North Carolina, and will be governed by and construed following the laws of the state of North Carolina without regard to conflict of law provisions. Also, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you about our Website or Products must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Kolenda Group LLC grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Products strictly under this Agreement. Your use of our Website and Products is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Products may be used by you in any litigation or arbitration matter at all under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations about your use of our Website, Content, and Products, and any software provided within.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Kolenda Group LLC.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of other companies in the form of words, graphics, and logos. Your use of our Website or Products does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Kolenda Group LLC.
Our Content, as found within our Website and Products, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Products does not grant you any ownership rights to our Content.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website and Products will be error-free or free from viruses or other harmful components. We do not represent or warrant the information available on or through our Website and Products will be correct, accurate, timely, or reliable. Kolenda Group LLC reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Products at any time without notice.
Our Website publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. Accordingly, Kolenda Group LLC has little editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other User of our Website, are those of the respective author(s) and not of Kolenda Group LLC. Kolenda Group LLC does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered between you and merchants. You agree that the use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of merchants will apply to you while on any merchant websites.
You acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Kolenda Group LLC or our Members. You agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Products.
We are not a party to the transactions entered into between you and merchants. You agree that the use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents, refund policies (including privacy notices), and operating procedures of merchants will apply to you while on any merchant website or their physical place of business.
Kolenda Group LLC is not responsible or liable in any manner for any Content posted on our Website or in connection with our Products, whether posted or caused by Members of our Website, or by Kolenda Group LLC. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Products, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Products. Kolenda Group LLC is not responsible for the online or offline conduct of any User of our Website or Products.
Our Website or Products may be temporarily unavailable from time to time for maintenance or other reasons. Kolenda Group LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
Kolenda Group LLC is not responsible for any technical problem or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or any failure of email because of technical problems or traffic congestion on the Internet, or any combination–including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software–related to or resulting from the use or downloading of materials in connection with our Website or Products, including, without limitation, any software provided through our Website or Products.
Under no circumstances will Kolenda Group LLC be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Products, or any interactions between Users of our Website or Products, whether online or offline. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or used by our Products.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
Kolenda Group LLC, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY AT ALL FOR YOUR USE OF OUR WEBSITE OR PRODUCTS. Kolenda Group LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Kolenda Group LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PRODUCTS, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, PRODUCTS, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR PRODUCTS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF IT AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Kolenda Group LLC.
OUR WEBSITE AND PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR PRODUCTS WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL Kolenda Group LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, PRODUCTS, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR PRODUCTS, EVEN IF Kolenda Group LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE ANYTHING TO THE CONTRARY HERE, Kolenda Group LLC’s LIABILITY TO YOU FOR ANY CAUSE AT ALL, AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR PRODUCTS ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP BEFORE THE EVENT RESULTING IN LIABILITY.
Members may post their content to our Website through our products (Member Content). Members and Visitors understand that by using our Website or Products, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Kolenda Group LLC is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Kolenda Group LLC will submit all necessary information to relevant authorities.
If any Member Content is reported to Kolenda Group LLC as being offensive or inappropriate, we may ask the Member to retract or modify the questionable content within 24 hours of being notified by Kolenda Group LLC. If the Member fails to meet such a request, Kolenda Group LLC has full authority to restrict the Member’s ability to post Member Content or to immediately terminate the Member’s use of our Website and Products without further notice to the Member.
We have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Website or Products to infringe on the intellectual property rights of others in any way. Following the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating Members whom we judge, in our sole discretion, to be infringers of others’ intellectual property rights.
As a User, you agree not to use our Website or Products to do any of the following:
Upload, post, or transmit any Member Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Products
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of Kolenda Group LLC is objectionable or restricts or inhibits any other person from using or enjoying our Website or Products, or which may expose Kolenda Group LLC, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
- Develop a competing website
- Create compilations or derivative works as defined under United States copyright laws
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompile, disassemble, or reverse engineer our Website, Products, and any related software
- Use our Website or Products in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You grant Kolenda Group LLC a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or distributing information or other content (“Member Content”) to our Website, you are granting Kolenda Group LLC, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content about the operation of the business of Kolenda Group LLC, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Products, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we judge appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing, (b) your website does not engage in illegal or pornographic activities, and (c) you stop providing links to our Website immediately on our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Kolenda Group LLC has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
You represent and warrant that if you are buying something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur because of the dishonored payment.
Customers of our courses can request a refund within 30 days of their purchase. We do not offer refunds for our submission service.
Termination of Membership or User Privileges
Your membership or User privileges with us are effective until terminated by you or us. Your rights under this Agreement will terminate without our notice if you fail to comply with any term of this Agreement. On termination, you will stop representing yourself as a Member or User. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Products.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Agreement
We reserve the right to change this Agreement at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our Website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website and Products after any change to this Agreement and our telling you will constitute your acceptance of such change. If you do not agree with the changes to this Agreement, you can choose to discontinue the use of our Website and Products.
Kolenda Group LLC
10520 Chapel Hill Rd #1395
Morrisville, NC 27560