Terms and conditions

BY VISITING ANY OF ANDREA NICHOLAS' WEBSITES (www.soulfulvessel.com and www.andreanicholas.simplero.com) OR BUYING ANY OF HER PRODUCTS, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

OVERVIEW

The terms “we,” “us,” and “our” refer to Andrea Nicholas and Whole World International. The term the “Site” refers to www.soulfulvessel.com and www.andreanicholas.simplero.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. Use of these websites, including all materials presented herein and all online services provided by Andrea Nicholas, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to Andrea Nicholas and other information is subject to change. Andrea Nicholas makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Andrea Nicholas disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Andrea Nicholas will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible

CANCELLATIONS, REFUNDS & RETURNS

All sales are final through Andrea Nicholas unless explicitly stated or agreed upon prior to payment. Contracts cannot be canceled and there are no refunds on services that include one on one time, consulting, online programs, virtual coaching, evergreen trainings, speaking, or media appearances. (In the rare exception that a refund is granted, it may take up to 90 days to receive the return of funds to your account and a transaction service fee may be applied.)

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. Additionally, in rare circumstances, the timing may shift for an event or course. This is still not grounds for a refund.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Andrea Nicholas You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. The content you submit to Andrea Nicholas remains yours to the extent that you have any legal claims therein. You agree to hold Andrea Nicholas harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Andrea Nicholas, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ANDREA NICHOLAS IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ANDREA NICHOLAS / WHOLE WORLD INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANDREA NICHOLAS / WHOLE WORLD INTERNATIONAL ’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ANDREA NICHOLAS, AND IF NO PURCHASE HAS BEEN MADE BY YOU ANDREA NICHOLAS / WHOLE WORLD INTERNATIONAL’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

AFFILIATE POLICY

Products and services that are mentioned or linked to on this blog may be products that Andrea Nicholas has a financial interest in promoting or has received some other non-financial compensation for.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Andrea Nicholas pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Andrea Nicholas shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Andrea Nicholas

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be San Diego County, California. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

PRIVACY POLICY

BY VISITING www.soulfulvessel.com OR www.andreanicholas.simplero.com, YOU ARE CONSENTING TO OUR PRIVACY POLICY.

OVERVIEW

Andrea Nicholas is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at www.soulfulvessel.com and/or www.andreanicholas.simplero.com (the “Site”), and how we collect and use that information. The terms “we,” “us,” and “our” refers to Andrea Nicholas The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address. Use of www.soulfulvessel.com and/or www.andreanicholas.simplero.com, including all materials presented herein and all online services provided by www.soulfulvessel.com and/or www.andreanicholas.simplero.com, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

INFORMATION WE COLLECT

This Site only collects the personal information you voluntarily provide to us, which may include:

Name
Email
Phone Number
Billing information

The information you provide is used to process transactions, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website (for example, Simplero, InfusionSoft, Clickfunnels, Sendgrid), conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.

ACTIVITY

We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.

We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.

THIRD PARTY LINKS

The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

SECURITY

We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

UPDATING YOUR INFORMATION

You may access and correct your personal information and privacy preferences by contacting us via email at hello@soulfulvessel.com.

CHANGES TO THIS POLICY

You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this privacy policy by posting those changes on this page.

CONTACT

If you have questions about our privacy policy, please email us at hello@soulfulvessel.com

DISCLAIMERS

PRODUCTS

Sometimes, human or tech errors happen. Things like pricing or merchandise descriptions get mixed up, and then we do our best to correct them. While we can’t guarantee that all information on the site is always 100% accurate at any given time, it is our intention to have it be the most aligned as possible. If you do notice a mistake, please don’t hesitate to contact us and let us know at hello@soulfulvessel.com.

AFFILIATE LINKS

If you click on a link that I’ve provided, it might be a link to someone who will give me a commission if you buy something from their site. That means that I might get paid if you click on that link. That said, any and all products that I share are one’s that I personally recommend.

SERVICES

The services to be provided by the mentor (and support mentor) to the client are virtual or in-person mentorship and guidance (either as a one-on-one-client or in a group program) with Andrea Nicholas, as purchased by the client. Mentorship may address specific personal struggles, relational challenges, bodily experiences, or general conditions in the client's life. The client may be asked to reflect on difficult topics or situations which may result in an expression of emotions.

Throughout the working container the mentor and support mentor will engage in direct and personal conversations with the client. The client understands that successful mentorship requires a co-active collaborative approach between client and mentor/group container.

In the mentorship relationship, the mentor plays the role of a facilitator of change, but it is the client's responsibility to enact or bring about the change.

PRIOR HISTORY

The client also agrees to disclose details of the past or present psychological or psychiatric treatment. mentorship and counseling are not the same. Likewise, therapy and other modes of professional or medical psychological examination shall not be considered equivalent to mentorship.

(I am not a registered psychologist or psychiatrist, nor a licensed therapist. I do not engage in therapy with my mentorship clients. In entering into the mentorship relationship, and thereby agreeing to the following, you are agreeing that if any mental health difficulties arise during the course of the mentorship relationship, you will notify me immediately so that I can discuss with you an appropriate referral.)

CONFIDENTIALITY

All information about the mentor/client relationship will remain strictly confidential except in very rare circumstances where decreed by law; i.e. where the court might issue a subpoena for the file or information. (Exceptions to confidentiality of course relate to legal circumstances such as intent to seriously harm someone, child abuse, etc. Otherwise, all remaining information is kept confidential.)

This also extends to the confidentiality within the one-on-one container or group container. The client is expected to keep the information of container private (other participants, content, etc.) and is not permitted to share any of the specifics to outside parties.

INTELLECTUAL PROPERTY RIGHTS

Regarding property rights, by becoming a client you are agreeing not to reproduce, duplicate, copy or resell any part of the content therein belonging to to Andrea Nicholas.

TERMINATION AND REFUNDS

As a general rule, services are non-refundable or changeable after purchase, unless additional services are being added to the package.

RELEASE OF LIABILITY

The client is aware that mentorship is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice.

I will at all times exercise my best professional efforts, skills and care of ensuring my client is mentored to meet their life mentorship goals, the client understands and acknowledges the mentor will not be liable legally or otherwise, for the actions the client may or may not undertake as a result of the life mentorship sessions. No assumption of responsibility is made, or given, and the client requesting such advice agrees not to hold Andrea Nicholas (Provider) responsible or liable in any form or fashion, for such actions taken of their own accord. The method and process by which this advice and direction are given in no manner whatsoever, written or verbal, constitutes an agreement or liability on the part of the provider and is acknowledged to be different in many ways than clinical and medical counseling.

You (the client) agree that using any of these life mentorship services are entirely at your own risk. Life mentorship services are provided "as is", without warranty of any kind, either expressed or implied, including without limitation any warranty for information services, mentorship, uninterrupted access, or products and services provided through or in connection with the service. This service is requested at the client's own choice and with inherent singular responsibility. Any actions or lack of actions, taken by the client of such advice is done so solely by choice and responsibility of the client and is neither the responsibility nor liability of Andrea Nicholas (Provider). The client takes full responsibility in the decisions they make after being mentored as well as the consequences. The client enters into mentorship with full understanding that they are responsible for creating their own results. Periodically I, Andrea Nicholas, may provide links to other web sites or written print material which may be of value, interest and convenience to you. This does not constitute endorsement of material at those sites or any associated organization product of service. It is the responsibility of the user to make their own informed decision about the accuracy of the information at those sites and print material including their privacy policies. In no event shall Andrea Nicholas (Provider) be liable for any incident or consequential damages resulting from use of the material.

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By choosing to visit Andrea Nicholas' websites or purchase products, it is considered an implicit digital acceptance that indicates full understanding of the agreement with the information outlined above.

Updated: June 11, 2022