Last Updated March 2022
© NikiiMcBride.com (Elevated Coaching LLC)
1. Our Collection and Use of Personal Information
Personal Information includes information you provide us that can be used to uniquely identify or contact a single person, such as your name, address, email address and phone numbers.
2. Examples of Personal Information We Collect and How We Use It
You may provide us a variety of Personal Information, including your name, mailing address, email address, phone number and payment information.
The Personal Information we collect allows us to verify your identify, deliver requested products and services. It also allows us to stay in contact with you, and to manage our relationship with you. By providing us with Personal Information, you consent to our transfer and storage of that information.
Text or SMS Notices
If you replied, “AGREE” to receive text or SMS notifications, you consented to receive recurring text messages that contain offers and updates from NikiiMcBride.com (Elevated Coaching LLC). Messages may be from an auto-dialing system. Message and data rates may apply. Email support here. Participation is not required for the purchase of services.
We also may use your Personal Information for research, development, and analysis, and for advertising, marketing, product and service offerings, security, fraud prevention, and other business activities.
For example, we may use your email address to:
Confirm your identity;
Send you information on the status of your account or transaction;
Contact you if we need your assistance to complete a transaction; and
Send you newsletters, and other customer related material as permitted by law.
We have a zero tolerance policy for email abuse. If you receive unsolicited emails from us please report it to us. We are not responsible for communications you may receive from non-affiliated third parties.
We will never ask you to provide Personal Information in an email. DO NOT RESPOND to an email that appears to be from us requesting Personal information unless you have spoken to us confirming the request with your personal email address used at sign up.
3. Our Collection and Use of Non-Personal Information
Non-Personal Information is information in a form that does not allow for direct association with a specific person. This information is compiled and analyzed on both a personal and an aggregated basis. We may collect, use, monitor, analyze, transfer, and disclose Non-Personal Information for any purpose.
4. Examples of Non-Personal Information We Collect and How We Use It
Non-Personal Information includes:
Device Information – We may collect specific information for the device you use to access our website. For example, we may collect device model, operating system version, application software, and fonts.
Log Information – When you visit our website, we collect certain information automatically and store it in log files. This information includes IP address, browser version, ISP data, referring and exit pages, operating system version, date / time stamps, cookie data, and clickstream data. We use Log Information to administer the website, analyze trends, maintain site security, learn about user behavior, and improve the overall quality and availability of the site.
Click-Through URLs – In some email messages, we use a Click-Through URL to link to content on our website. When you click one of these URLs, you pass through a separate web server before reaching our site. We use Click-Through URLs to help us determine interest in a particular topic and to measure the effectiveness of our email communications.
5. Our Sharing of Information with Others
We do not share Personal Information with businesses or individuals outside of NikiiMcBride.com (Elevated Coaching LLC), except under the follow circumstances:
Consent – We will share your Personal Information with others when we have your consent to do so.
Service Providers – We provide Personal Information to related companies and other trusted businesses or persons who use, analyze, or process it on our behalf, based on our instructions and in compliance with appropriate confidentiality and security measures. For example, we may use others to:
deliver, evaluate the effectiveness of, and assist in improving our products and services;
conduct consumer research and satisfaction surveys;
assist us in analyzing and understanding consumers and how to reach them more effectively;
assist us in fraud prevention, with our security measures, and to provide us technical support;
provide member support;
manage member data, and to ensure data integrity and accuracy;
process financial transactions and perform accounting functions; and
advertise, market, or make product or service offerings.
Legal Reasons – We will share Personal Information with others if we have a good-faith belief that disclosure is necessary or appropriate to:
comply with applicable law, regulation, legal process or enforceable governmental request;
protect our operations or members:
detect, investigate, or address fraud, security, or technical problems; or
investigate potential violations of and enforce applicable terms of service.
In the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
We may share Non-Personal Information publicly and with our strategic partners. For example, we may share Non-Personal Information to describe the size and success of our company.
6. Transparency and Choice
You may find additional information, opt-out of, or otherwise customize display advertising from web platforms by visiting the web platform’s ads preference manager.
You may find additional information and opt-out of other participating third-party display advertising by visiting the Network Advertising Initiative opt-out page.
We may use third-party analytics companies, such as Google Analytics, Adobe, and Omniture to analyze and understand user behavior when visiting our website.
You may find additional information and opt-out of Adobe Analytics by visiting the Google Analytics opt-out browser add-on.
You may find additional information and opt-out of Omniture Analytics by visiting the Adobe opt-out page.
You also may disable cookies within your browser. Please note, however, that certain features of the NikiiMcBride.com (Elevated Coaching LLC) website will not function properly or be available once cookies are disabled.
7. Social Media Plug-ins
Plug-ins for social networks, such as Facebook, Twitter, LinkedIn, Yahoo, Windows and Google plus (among others), are integrated on NikiiMcBride.com (Elevated Coaching LLC) website.
By interacting with us through a social media plug-in, certain information will be transmitted to the related social network, and you permit us to have on-going access to information from your social network profile.
8. Information Security and Retention
We take precautions to safeguard your Personal Information from loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. These precautions include technical, physical, and administrative procedures.
Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.
We are committed to working with appropriate regulatory authorities to resolve any complaints regarding the transfer of Personal Information that we cannot resolve with you directly.
We use Secure Sockets Layer (SSL) encryption on all pages where Personal Information is collected. This protects the confidentiality of your Personal Information while it is transmitted over the Internet.
For your own protection, you should exercise care with the information you share over the Internet. You should always use a secure browser and exercise good judgment in using passwords, such as using a combination of upper and lower case letters, numbers, special characters, and you should avoid using the same or similar passwords across multiple sites. We recommend using a password between 12 and 16 characters long.
We may reject requests to change or delete information that are unreasonably repetitive, require disproportionate technical effort (for example, requiring the development of new systems or fundamental changes to existing systems), risk the privacy of others, or would be extremely impractical (such as information stored on backups).
We work to protect data from accidental or malicious destruction. Accordingly, we may not immediately delete or change residual copies and we may not delete or change information from our backup systems. Unless a disproportionate effort is required, we will provide information access and correction without charge.
9. Third Party Privacy Policies
We do not knowingly collect Personal Information from children under 13. If we learn that we have collected the personal information of a child under 13, we will take steps to delete the Personal Information as soon as possible.
Should you no longer wish to receive our emails, you may click on the unsubscribe link located in the footer of each email received or at email-preferences.
Last Updated April 2021
© NikiiMcBride.com (Elevated Coaching LLC)
BY USING THE WEBSITE, ENGAGING NikiiMcBride.com (Elevated Coaching LLC)’S SERVICES, REQUESTING THAT NikiiMcBride.com (Elevated Coaching LLC) CONTACT YOU ABOUT ITS PRODUCTS AND SERVICES, AND/OR PARTICIPATING IN NikiiMcBride.com (Elevated Coaching LLC)’S TEXT MESSAGE PROGRAM, YOU SIGNIFY YOUR AGREEMENT TO THE WEBSITE TERMS.
BY USINGNikiiMcBride.com (Elevated Coaching LLC)’S WEBSITE, ENGAGING NikiiMcBride.com (Elevated Coaching LLC)’S SERVICES, REQUESTING THAT NikiiMcBride.com (Elevated Coaching LLC) CONTACT YOU ABOUT ITS PRODUCTS AND SERVICES, AND/OR PARTICIPATING IN NikiiMcBride.com (Elevated Coaching LLC)’S TEXT MESSAGE PROGRAM, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND NikiiMcBride.com (Elevated Coaching LLC) ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND NikiiMcBride.com (Elevated Coaching LLC), INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH NikiiMcBride.com (Elevated Coaching LLC). YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAW SUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST NikiiMcBride.com (Elevated Coaching LLC) IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST NikiiMcBride.com (Elevated Coaching LLC) IN ANY JURISDICTION IN THE UNITED STATES. NikiiMcBride.com (Elevated Coaching LLC) WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Website Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the Website Terms). The arbitrator shall have authority to interpret the Website Terms, including but not limited to the authority to decide whether any claim is arbitrable under the Website Terms and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Website Terms. You agree that the Website Terms involves commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Website Terms is governed by the laws of the state of AR.
1. About the Website Terms
2. About the Website
The Website gives users information about NikiiMcBride.com (Elevated Coaching LLC)s products and coaching services, and the ability to enroll in and engage NikiiMcBride.com (Elevated Coaching LLC)’s services.
3. Signing Up for NikiiMcBride.com (Elevated Coaching LLC) Services
You are not required to make a purchase on NikiiMcBride.com (Elevated Coaching LLC)’s services in order to visit and read material on the Website; however, you will need to enroll if you want NikiiMcBride.com (Elevated Coaching LLC) to assist you in coaching. If you enroll, you agree to provide accurate and complete information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each enrollment is for a single person only. We do not permit any other person to enroll in NikiiMcBride.com (Elevated Coaching LLC)’s services on behalf of another unless you have an appropriate Power of Attorney. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify NikiiMcBride.com (Elevated Coaching LLC) immediately by emailing.
If you participate in NikiiMcBride.com (Elevated Coaching LLC)’s Text Message Program after you sign up for services, you may stop receiving servicing text messages by texting STOP (and no other words or characters) to the short code from which you received the NikiiMcBride.com (Elevated Coaching LLC) text message(s). Almost all STOP requests are taken care of immediately, but it may take up to 3 business days from the date you text STOP to be removed from NikiiMcBride.com (Elevated Coaching LLC)’s texting list(s). Note that texting STOP in response to a servicing text message will only stop servicing text messages, and will only stop text messages to the phone number you used to text STOP.
4. Member Files
Should you choose to sign up for NikiiMcBride.com (Elevated Coaching LLC)’s services, you will enter into a separate written agreement with NikiiMcBride.com (Elevated Coaching LLC). Each file we create in conjunction with this separate written agreement is called a “Member File.” Your Member File will continue to be subject to the agreements otherwise governing them, except where so noted in the related agreement. Each Member File will be subject to the following:
The terms or instructions appearing on a screen when using the service;
NikiiMcBride.com (Elevated Coaching LLC)’s policies and procedures applicable to the Member File and the online service;
Applicable state and federal laws and regulations.
5. Access to Member Files
You authorize NikiiMcBride.com (Elevated Coaching LLC) to provide access to your Member File(s) through its online services.
The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the "Content") that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by NikiiMcBride.com (Elevated Coaching LLC) or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, NikiiMcBride.com (Elevated Coaching LLC) retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the "Technology")(the terms Content and Technology collectively will be referred to as the "Materials"). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
7. Use of Website and Materials
NikiiMcBride.com (Elevated Coaching LLC) provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:
Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of NikiiMcBride.com (Elevated Coaching LLC) or the applicable rights holder;
Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
Use any network monitoring or discovery software to determine Website architecture, or extract information about usage or users;
Reformat or frame any portion of the Website or Materials;
Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
Attempt to gain unauthorized access to other computer systems;
Violate the Website Terms, applicable law or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Website.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) NikiiMcBride.com (Elevated Coaching LLC) a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.
Anonymous, aggregate information that does not contain personally identifiable information, comprising account information, or other available data that is collected through your use of the Website, may be used or licensed by NikiiMcBride.com (Elevated Coaching LLC) for various purposes including but not limited to conducting certain analytical research, performance tracking, benchmarking, helping to improve products and services and to assist in troubleshooting and technical support.
8. Automated Activity
The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to NikiiMcBride.com (Elevated Coaching LLC) by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give NikiiMcBride.com (Elevated Coaching LLC) notice of such link by sending an e-mail and (c) you discontinue providing links to this Website if requested by NikiiMcBride.com (Elevated Coaching LLC). If you wish to provide links to a section within the Website, you should forward your request to NikiiMcBride.com (Elevated Coaching LLC) email and NikiiMcBride.com (Elevated Coaching LLC) will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Website Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.
NikiiMcBride.com (Elevated Coaching LLC)’s services and Website, the underlying information, software and technology are subject to U.S. export controls. None of the Website services or content may be downloaded, or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other country subject to U.S. sanctions applicable to the export or re-export of goods, (ii) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List or Nonproliferation Sanctions List. By using NikiiMcBride.com (Elevated Coaching LLC)’s services and Website, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.
NikiiMcBride.com (Elevated Coaching LLC) makes every effort to ensure the information presented in, on or through its Website is accurate; however, NikiiMcBride.com (Elevated Coaching LLC) makes no guarantee as to such information, and is not responsible for any resulting loss or damage.
12. Warranty, Liability, Indemnification
NikiiMcBride.com (Elevated Coaching LLC) makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that NikiiMcBride.com (Elevated Coaching LLC) shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND MATERIALS ARE PROVIDED BY NikiiMcBride.com (Elevated Coaching LLC) ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. NikiiMcBride.com (Elevated Coaching LLC) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE.
IN NO EVENT SHALL NikiiMcBride.com (Elevated Coaching LLC), ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. NikiiMcBride.com (Elevated Coaching LLC) SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
NikiiMcBride.com (Elevated Coaching LLC) DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR THEIR HARMFUL COMPONENTS. NikiiMcBride.com (Elevated Coaching LLC)S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY NikiiMcBride.com (Elevated Coaching LLC) SHALL BE CANCELLATION OF YOUR ACCOUNT.
You agree to indemnify, defend, and hold harmless NikiiMcBride.com (Elevated Coaching LLC), its officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under the Website Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
15. Electronic Notices and Transactions
You agree to transact with us electronically. This means you agree to accept any terms and conditions and to transact any business with us by electronic means, which includes receiving all documents in HTML or PDF format and communicating over the Internet. You also certify that you are at least 18 years of age and have access to the Internet to receive NikiiMcBride.com (Elevated Coaching LLC)’s services, to request that NikiiMcBride.com (Elevated Coaching LLC) contact you about its products and services, to participate in NikiiMcBride.com (Elevated Coaching LLC)’s Text Message Program, and to view, print and retain all documentation. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us, if you are a member of NikiiMcBride.com (Elevated Coaching LLC) or have requested that we contact you about our products and services. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website or NikiiMcBride.com (Elevated Coaching LLC)’s services.
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
17. Notice Regarding Technology
Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website.
NikiiMcBride.com (Elevated Coaching LLC) reserves the right to investigate complaints or reported violations of the Website Terms and to take any action NikiiMcBride.com (Elevated Coaching LLC) deems 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 user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. NikiiMcBride.com (Elevated Coaching LLC) reserves the right to seek all remedies available at law and in equity for violations of the Website Terms, including but not limited to the right to block access from a particular Internet address to any NikiiMcBride.com (Elevated Coaching LLC) website. These incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to access to and use of the Website, your request that NikiiMcBride.com (Elevated Coaching LLC) contact you about its products and services, and/or your participation in NikiiMcBride.com (Elevated Coaching LLC)’s Text Message Program. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Website Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.
THE WEBSITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF AR, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW. The Arbitration Clause, the obligations in the first four paragraphs of the Website Terms, and Sections 6 through 8, 11 through 15, and 17 through 20 shall survive termination of the Website Terms.
NikiiMcBride.com (Elevated Coaching LLC) shall not be deemed to have waived any rights or remedies in the Website Terms unless such waiver is in writing and signed by NikiiMcBride.com (Elevated Coaching LLC). No delay or omission on the part of NikiiMcBride.com (Elevated Coaching LLC) in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
The Website Terms constitutes the entire agreement and understanding between you and NikiiMcBride.com (Elevated Coaching LLC), except as you and NikiiMcBride.com (Elevated Coaching LLC) may later agree in writing to modify the Website Terms. The Website Terms supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter contained herein.
19. Confidentiality of Information
Any information contained on the Website with respect to results obtained by NikiiMcBride.com (Elevated Coaching LLC) is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. References to past or present members or the circumstances of their specific matters do not constitute testimonials or endorsements by such members, nor are they a guarantee, warranty or prediction of the outcome of your matter.
Electronic mail or other communications through this site to NikiiMcBride.com (Elevated Coaching LLC) (or any of its employees, agents or representatives) are not secure. Accordingly, NikiiMcBride.com (Elevated Coaching LLC) does not guarantee the confidentiality of such communications. You acknowledge that transmissions to and from the Website are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose including but not limited to repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law. You acknowledge that by submitting communications to NikiiMcBride.com (Elevated Coaching LLC), no confidential, fiduciary, contractually implied or other relationship is created between you and NikiiMcBride.com (Elevated Coaching LLC) other than pursuant to the Website Terms and any subsequent written agreement entered into with NikiiMcBride.com (Elevated Coaching LLC).
You are solely responsible for (a) maintaining the confidentiality and security of your login information, passwords, and any other security or access information used by you or anyone you authorize on your behalf to access the Website and your account information, (b) preventing unauthorized access to or use of the information, files, or data that you store or use in or with NikiiMcBride.com (Elevated Coaching LLC)’s Website, (c) all electronic communications, including account registration and other account holder information, email and financial, accounting and other data entered using the NikiiMcBride.com (Elevated Coaching LLC) Website, and (d) without limiting the foregoing, any and all activities that occur under your account. NikiiMcBride.com (Elevated Coaching LLC) will assume that any communications received through the use of the NikiiMcBride.com (Elevated Coaching LLC) Website was sent or authorized by you. You agree to immediately notify NikiiMcBride.com (Elevated Coaching LLC) if you become aware of any loss, theft, or unauthorized use of the NikiiMcBride.com (Elevated Coaching LLC) Website or your account information.
Please do not use the information on our Website to distribute unsolicited bulk e-mails, solicitations or inquiries. The foregoing acts will constitute a violation of the Website Terms.