TERMS AND CONDITIONS OF USE OF HELPINGTHENICEGUY.COM

THIS AGREEMENT WAS LAST UPDATED ON OCTOBER 1, 2008.

YOU MUST BE 18 YEARS OF AGE TO USE THIS SITE. 

HELPING THE NICE GUY, LLC reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. You agree to check these terms periodically for changes. Your continued use of the Web Site following the posting of changes to these terms, including the Privacy Policy, will mean you accept those changes. You represent and warrant that you will fully comply with the Terms and Conditions of Use, the Privacy Policy and where applicable, the Waiver and Consent. The Helpingtheniceguy.com is owned and operated by Helping the Nice Guy, LLC (referred to as "we," "us," "our," "Web Site"). If you do not agree to the terms outlined in this Agreement, please do not use the site.

The Privacy Policy outlines our policy to respect the privacy of users. Please be sure to read our policy.

Rights and Restrictions On Use

You shall use the Web Site for lawful purposes only. You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You are prohibited from using this site to facilitate mail abuse or Spam. You further agree that you will not use the Web Site to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of our site at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the site or restrict access to all parts of the site without notice or liability.

Linking Sites

Links in this web site may let the user leave our web site. The linked sites are not under our control and we are not responsible for the content available on any other Internet sites linked to our web site. We are providing these links to other sites as a convenience to users, and access to any other web sites is at the user’s risk. The inclusion of any link does not imply a recommendation or endorsement by us of the linked site. This includes all affiliates and payment processors. PLEASE REFER TO THE TERMS OF USE AND PRIVACY POLICY FOR EACH SITE VISITED.

Refunds

All registered participants may cancel up to 24 hours in advance of both the workshops and one-on-one sessions for a full refund minus a $10 Cancellation Fee.  For directions on how to cancel please see our FAQs page.

All cancellations made less than 24 hours in advance of both the workshops and one-on-one sessions will not be granted a refund.  To notify of cancellation less than 24 hours of either a workshop or a one-on-one session please email info@helpingtheniceguy.com or phone (818) 859-9870, as the online registration system will be closed.

Disclaimer Of Warranties

THE MATERIALS AND THE INFORMATION OFFERED ON AND IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THIS WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HELPING THE NICE GUY, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE WEB SITE. WE DO NOT WARRANT THAT THE WEB SITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT HELPING THE NICE GUY, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY US, OUR ADVERTISING PARTNERS OR ADVERTISED ON THE WEB SITE. YOU AGREE THAT NEITHER HELPING THE NICE GUY, LLC NOR ITS AFFILIATED OR RELATED ENTITIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, SERVICE, INFORMATION OR OPINIONS PROVIDED ON AND THROUGH THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation Of Liability

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE SERVICES HIGHLIGHTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO PARTICIPATION IN SEMINARS, WORKSHOPS AND ONE-ON-ONE SESSIONS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HELPING THE NICE GUY, LLC AND ITS PERSONNEL FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS, DEMANDS AND LIABILITIES, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THIS WEB SITE, AND/OR ANY SERVICES PROVIDED BY HELPING THE NICE GUY, LLC EITHER DURING THIS AGREEMENT OR AFTER TERMINATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR PARTICIPATION IN SEMINARS, WORKSHOPS, ONE-ON-ONE SESSIONS AND USE OF THE SITE AND AGREE TO INDEMNIFY AND HOLD HARMLESS HELPING THE NICE GUY, LLC AND ITS PERSONNEL FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS, DEMANDS AND LIABILITIES, INCLUDING ATTORNEYS FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM ANY SERVICE PROVIDED BY HELPING THE NICE GUY, LLC OR FROM USE OF THE WEB SITE. 

THE ENTIRE LIABILITY OF HELPING THE NICE GUY, LLC, ITS OFFICERS, CLIENTS, PROVIDERS, AND AUTHORIZED AGENTS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Intellectual Property and Copyright Notice

This site is controlled and operated by Helping the Nice Guy, LLC. Our materials on this Web Site, including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by our Web Site or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. Except as expressly authorized herein, material from this Web Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.

Indemnification

You agree to indemnify Helping the Nice Guy, LLC and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of the Terms of Use.

Notice

Any notices required or permitted to be given under this Agreement shall be sufficient if in writing and personally delivered, by certified mail (or, as applicable, the foreign equivalent thereof if reasonably possible; but if not possible, then by first-class regular mail or the foreign equivalent thereof) or sent by express courier (by a nationally or internationally recognized courier) to the other party at its address set forth herein.  The date upon which any such notice is so personally delivered, or if the notice is given by registered or certified mail, the date five (5) days after it is deposited in the mail, or if the notice is given by electronic mail, the date the electronic mail is sent, shall be deemed to be the date of such notice, irrespective of the date appearing therein.  No notice to either party shall be effective unless a copy of the notice is directed to:

Helping the Nice Guy, LLC
4570 Van Nuys Blvd., #417
Sherman Oaks, CA 91403
info@helpingtheniceguy.com

Choice of Law and Jurisdictional Issues

This site is controlled and operated by Helping the Nice Guy, LLC from its offices within the State of California, United States of America. We make no representation that materials in our Web Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws are applicable.

This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction and venue of the courts located in Los Angeles County, California, or in the federal courts in the Central District of California to resolve any disputes arising from or related to these Terms of Service and/or your use of the Site. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Assignment and Succession

You may not grant, devise, or otherwise assign any rights or benefits under this agreement to any other party. Notwithstanding any other provision of this agreement, Helping the Nice Guy, LLC, its successors and assigns may fully enforce any term or provision of this agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Complete Integration

This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and us and supersedes any provision, understanding, or agreements (whether oral or written) and may not be modified except in writing or by making such changes available on this web site. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of either party to enforce performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver of any such provision or right and the same will be and remain in full force and effect. We will not waive the right to enforce any provision of this agreement except in writing. If you have any questions about Helping the Nice Guy, LLC’s Terms and Conditions of Use, please email us at: info@helpingtheniceguy.com.

The Terms of Use, including the Privacy Policy and Waiver and Consent can change at any time without notice.  It is the responsibility of the user to periodically check this url: www.helpingtheniceguy.com.

Copyright, 2008 Helping the Nice Guy, LLC.  All rights reserved. 

4570 Van Nuys Blvd., #417
Sherman Oaks, CA 91403
(818) 859-9870


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