WELCOME TO [http://nikiwells.co/, THE OFFICIAL WEBSITE (“SITE”) FOR NIKI WELLS COACHING, VIBRANT
LIVING, LLC (“COMPANY”). THE FOLLOWING TERMS ALONG WITH THE DISCLAIMER AND PRIVACY
POLICY SERVE AS THE AGREEMENT GOVERNING THE VISITOR’S USE OF THIS WEBSITE. THE PARTIES
TO THIS AGREEMENT INCLUDE “COMPANY” WHICH WE MAY REFER TO AS “WE” OR “US” AND THE
VISITOR TO THE SITE, WHO WE MAY REFER TO AS “YOU.”
BY USING THIS SITE YOU WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
PLEASE READ THE FOLLOWING. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE
THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
USE OF SITE

We hope you enjoy using this website as it is meant to provide you with information about life and business coaching.
In addition to providing you with information, the other purposes of our website include, allowing you to join our
mailing list, sign-up for free gifts, place orders to purchase our products and services, provide a means for you to
contact us. Any other use of this site is prohibited.
You agree not to use any features of this site that permit communications or postings to post, display, or otherwise
communicate any of the following:
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any advertisement, solicitation, or spam;
- any encouragement of illegal activity;
- unauthorized use or disclosure of private, personally identifiable information of others;
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the
absence of a valid license or other right to do so; or
- any false or misleading information.

TERM AND TERMINATION

Without limiting its other remedies, Company may immediately discontinue, suspend, terminate, or block your and
any user’s access to this site at any time in Company’s sole discretion.
SITE CONTENTS AND OWNERSHIP

Company owns the intellectual property rights of all information on this site including but not limited to the company
name, logo, graphics, videos, audios, images, designs, photographs, writings, graphs, data, and other materials.
Company’s ownership rights are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You
shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying. You may
not copy, display, distribute, modify, reproduce, or transmit this site or portions thereof without prior written consent
from Company. Except as provided in this Agreement, Company does not grant you any express or implied right in
or under any patents, trademarks, copyrights, or trade secret information.
INFORMATION YOU PROVIDE TO US

You agree that any information you provide to us through email, comments, or other forms of communication, is done
with a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use however we see fit. Please do not
provide us with information you do not want us to use.

LINKED WEBSITES

Company may provide links to third party websites (“Linked Sites”). If you choose to click on one of those links, you
are leaving Company’s website, and you do so at your own risk. It is your responsibility to take all protective
measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form are not
controlled by Company. Company cannot make any representations or warranties about the opinions expressed,
nature, content, accuracy, security, completeness, or reliability of the information provided, or regarding the products
or services provided on the Linked Sites. Links do not imply that Company sponsors or endorses the Linked Site.
Except for links to information authored by Company, Company is neither responsible for nor will it be liable under
any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any
site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them,
you do so at your own risk. Please contact the webmasters of any Linked Sites concerning information, goods,
and/or services appearing on them.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not
limited to any consent you give to receive communications from Company solely through electronic transmission. You
agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with
your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable
and the legal equivalent of your handwritten signature.

LIMITATION OF LIABILITIES

YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR
EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE
MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS
BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A
NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF
OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER
PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF,
OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT,
REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this site must be commenced within one year after the
claim or cause of action arises.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company, its affiliates, agents, employees, and licensors from
and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way
to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or
privacy right.

DISPUTE RESOLUTION

This Agreement is governed by and shall be construed in accordance with the laws of Montana, USA, without
reference to its conflict-of-law provisions. You agree to submit to the personal and exclusive jurisdiction in Gallatin
County; Montana; USA for any disputes with Company arising out of your use of this site. You agree that if a dispute
arises, parties will attempt to resolve the dispute with mediation in Montana;USA or an online mediation service that
is mutually agreed upon by all parties. The parties agree that their good faith participation in mediation is a condition
precedent to pursuing other legal remedies. The successful party to any dispute resolution will be entitled to
reasonable costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the party
may be entitled.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Company and you with respect to this website. This
Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and
agreements whether electronic, oral, or written between you and Company with respect to this website.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based on 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 in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected,
and deemed to remain in full force and effect, including those terms that are similar.

NO WAIVER

Company’s failure to enforce its rights under this Agreement or take action against any party for breach of this
Agreement does not constitute a waiver of such rights, or of future subsequent enforcement of such rights.

MODIFICATIONS TO AGREEMENT

Company may revise this Agreement at any time. Your continued use of this site, our products and services serve as
an agreement that you agree to be bound by the revised Agreement. Company’s modifications will become effective
on the date they are first posted to this site. Company does not have any obligation to notify you of changes to this
Agreement. It is your responsibility to review the terms to apprise yourself of modifications.

ASSIGNMENT OF RIGHTS

Your rights under this Agreement are not assignable.
CONTACT: Should you have questions regarding this Terms of Use Agreement, please contact niki@nikiwells.co.
Updated: December 2018

WEBSITE TERMS OF USE AGREEMENT