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Terms of service

PRIVACY POLICY

EFFECTIVE DATE: MAY 2018

  1. INTRODUCTION

This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.nxtfocus.com

By providing us with your data, you warrant to us that you are over 13 years of age.

NXTFOCUS® on behalf of Dzanella Tihic [is/am/are] the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).

Contact Details

Our full details are:

Full name of legal entity: NXTFOCUS® on behalf of Dzanella Tihic

Email address: hello@nxtfocus.com

It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at hello@nxtfocus.com

  1. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT

Personal data means any information capable of identifying an individual. It does not include anonymised data.

We may process the following categories of personal data about you:

  • Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
  • Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
  • User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
  • Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising.  Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
  • Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.

We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interest which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).

Sensitive Data

We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at hello@nxtfocus.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.

We may process your personal data without your knowledge or consent where this is required or permitted by law.

We do not carry out automated decision making or any type of automated profiling.

  1. HOW WE COLLECT YOUR PERSONAL DATA 

We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details about this.

We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.

We may also receive data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

  1. MARKETING COMMUNICATIONS 

Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).

 Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.

Before we share your personal data with any third party for their own marketing purposes we will get your express consent.

You can ask us or third parties to stop sending you marketing messages at any time [by following the opt-out links on any marketing message sent to you or] OR [by emailing us at hello@nxtfocus.com at any time].

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.

  1. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below:

  • Service providers who provide IT and system administration services.
  • Professional advisers including accountants, lawyers, bankers, auditors and insurers.
  • Government bodies that require us to report processing activities.
  • Third parties to whom we sell, transfer, or merge parts of our business or our assets.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

  1. INTERNATIONAL TRANSFERS

[We share your personal data within our group of companies which involves transferring your data outside the European Economic Area (EEA).]

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

  • We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
  • Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
  • If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

  1. DATA SECURITY

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

  1. DATA RETENTION

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  1. YOUR LEGAL RIGHTS

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

You can see more about these rights at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you wish to exercise any of the rights set out above, please email us at hello@nxtfocus.com.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

  1. THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

  1. COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see the cookie policy.

COOKIE POLICY

What’s a cookie?

A “cookie” is a piece of information that is stored on your computer’s hard drive and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.

Cookies are used by nearly all websites and do not harm your system.

If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

How do we use cookies?

 We use cookies to track your use of our website. This enables us to understand how you use the site and track any patterns with regards how you are using our website. This helps us to develop and improve our website as well as products and / or services in response to what you might need or want.

Cookies are either:

  • Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or
  • Persistent cookies: a persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. [We use persistent cookies for Google Analytics.]

Cookies can also be categorised as follows:

  • Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and / or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
  • Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular.
  • Functionality cookies: These cookies allow our website to remember choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymous.

 

TERMS & CONDITIONS

ENROLLMENT AGREEMENT

By clicking “I Agree,” emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, you agree to be provided with services by NXT FOCUS, and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

SERVICES

(A) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education by means of webinar, seminar, consulting, coaching, programs, e-books.

(B) The terms of this Agreement shall be binding for any further goods/services supplied by Company to you.

FEES

(A) You agree to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to you, and the payment plan selected by you (the “Fee”).

(B) Company shall charge a 10% (ten percent) first week late fee with 10% weekly increase every next week the fee is late on all outstanding balances not paid by the date or dates as agreed between the parties.

(C) If you fail to make payment in a timely manner in accordance with these Terms & Conditions or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

 

REFUNDS

(A) Upon execution of this Agreement, you agree to pay to Company the full amount of the Fee.

(B) If you cancel attendance at, or participation in, the Program or other Services for any reason whatsoever, you will not be entitled to receive a refund.

(C) If Company is unable to render a portion of the Program or other Services as agreed and no suitable rescheduling is able to be arranged, then a refund of that portion only of the Program or other Services will be made to you.

(D) NXT FOCUS special refund conditions (applies only when specifically named in the Program): To be eligible for a refund under the 30-day money back guarantee, you must submit three (3) fully filled out modules, and participate in at least two (2) coaching calls within thirty (30) days after purchase. Otherwise, no refund will be issued under any circumstances. You are entitled to only one refund within the 30-day money back guarantee, i.e. if you have used the money back guarantee once, you will not be refunded for other purchases of the same program.

CHARGEBACKS AND PAYMENT SECURITY

(A) To the extent that you provide Company with credit card(s) information for payment on your account, Company shall be authorized to charge you credit card(s) for any unpaid charges on the dates agreed.

(B) If you use a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. You shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.

(C) You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to Company without notifying Company in advance.

 

NO RESALE OF SERVICES PERMITTED 

(A) You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the materials, use of materials, or access to the materials.

(B) This agreement is not transferrable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.

 

NO TRANSFER OF INTELLECTUAL PROPERTY

(A) Company’s copyrighted and original materials shall be provided to you for his/her individual use only and with a single-user, non-transferable, revocable license.

(B) You agree that you will not use any of the Company’s intellectual property, including without limitation the Company’s copyrighted and original materials, you are your business purposes.

(C) You shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company.

(D) All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company.

(E) No license to sell or distribute Company’s materials is granted or implied by the enrolment or by the payment of any fees.

 

LIMITATION OF LIABILITY

(A) By using Company’s services, you release Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to you.

(B) The Program and other Company’s Services  and Materials are an educational/coaching service only.

(C) You agree that you accepts any and all risks, foreseeable or nonforeseeable, arising from such services.

(D) In any event, if Company is found to be liable, Company’s liability to you or to any third party is limited to the lesser of:

(I) The total fees you paid to Company in the one month prior to the action giving rise to the liability; and

(II) $200.

(E) All claims against Company must be lodged within 100 days of the date of the cause of action arising or otherwise the right of action is forfeited.

(F) You agree that Company will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the programs and any other courses.

(G) You agree that you use Company’s services at your own risk.

 

DISCLAIMER OF GUARANTEE

(A) You accept and agree that you are entirely and solely responsible for your progress and results from our Programs, Courses, Materials and other Services.

(B) You accept and agree that Company cannot control your responses to the provision of the services under this Agreement.

(C) Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.

(D) Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.

(E) Company makes no guarantee or warranty that the programs and other services/materials will you’re your requirements or that all clients will achieve the same or similar results.

 

COURSE RULES

(A) To the extent that you interact with Company staff and/or other Company clients, you agree to behave, at all times, courteously and respectfully.

(B) You agree to abide by any Course rules and/or regulations presented by Company.

(C) The failure to abide by Course rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.

(D) In the event of such termination, you shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

USE OF COURSE MATERIALS

(A) Company reserves the right to use, at its sole discretion, course materials, calls, live events, and materials submitted by you in the context of the course(s) for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to you.

(B) You consent to your name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to you or need for further agreement by you.

 

NO SUBSTITUTE OF MEDICAL TREATMENT

(A) You agree to be mindful of your own health and well being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.

(B) Company does not provide, and does not hold itself out as providing, medical, therapy, or psychotherapy services.

(C) Company is not responsible for any decisions made by you as a result of the coaching and any consequences thereof.

 

TERMINATION

(A) In the event that you are in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable.

(B) Company shall be allowed to immediately collect all sums due from you and to terminate this Agreement without providing further services to you.

(C) In the event that you are in arrears of payments to Company, you shall not be permitted to use or receive any of Company’s services or to participate in any program.

CONFIDENTIALITY

(A) The term “Confidential Information” shall mean information which is not generally known to the public relating to your business or personal affairs.

(B) Company agrees not to disclose, reveal or make use of any Confidential Information of you, during discussion with you, the coaching session with Company, or otherwise, without the written consent of you.

(C) Company shall keep the Confidential Information of you in strictest confidence and shall use its best efforts to safeguard your Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

DISPUTES

(A) In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.

(B) In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

 

INDEMNIFICATION

(A) You shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.

(B) You shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of you.

(C) You recognize and agree that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.

 

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail.

 

CHOICE OF LAW

(A) This Agreement shall be governed by and construed in accordance with the Dutch Law without giving effect to any principles or conflicts of law.

(B) The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.

 

ENTIRE AGREEMENT

(A) This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written.

(B) This Agreement may be modified only by an instrument in writing duly executed by both parties.

 

SURVIVAL

The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination, for any reason, of this Agreement.

 

SEVERABILITY

If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

 

OTHER TERMS

(A) Upon execution by purchasing, clicking “I agree” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.

(B) A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement upon purchasing, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

 

TERMS OF USE 

This Site (the “Site”) is owned and operated by NXT FOCUS. By using the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and Services available through the Site or from Company. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this Site. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing that:

You are the owner of the material, or are making your posting or submission with the express consent of the owner of the material;

You are thirteen years of age or older.

In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge that Company has the right but not the obligation to use and display any postings or contributions of any kind and that Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another Site or other service any of our material, content or intellectual property.

DISCLAIMERS 

By entering this Site or purchasing or using opt-in gift, e-mails, videos, social media, the blog, consultations, programs, products and/or Services, from or related to NXT FOCUS, you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use our Site, e-mails, videos, social media, blog, programs, products or Services or anything you have purchased or experienced through us (collectively “Site, Programs, Products and Services”).

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.

For educational and informational use only.  The information provided in or through our Site, Programs, Products and Services is for educational and informational purposes only, and is made available to you as self-help tools for your own use.

Not Legal or Financial Advice.  The information contained in our Site, Programs or Services is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state and country, and it is constantly changing, and therefore it affects each individual and business in different ways.  As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by our Site, Programs or Services pertaining to your specific financial and/or legal situation.

Not Medical, Mental Health, or Religious Advice.  The information provided in or through our Site, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this Site or received from us. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.

No Guarantees of Income or of Any Kind. Your success depends primarily on your own dedication, effort, commitment, and follow-through. There are no guarantees that you will attain a particular business result or income increase or level, and you accept and understand that results differ by each person. As with any business-related program or service that you purchase, your results may vary, and will be based on many variables, so therefore no guarantees can be made.  Any earnings or income statements or examples shown through our Site, Programs, Products and Services are only estimates of what might be possible for you. There can be no assurance as to any particular financial outcome based on the use of our Site, Programs, Products or Services.  You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Site, Programs, Products and Services. You are solely responsible for your results.

Personal Responsibility. Our Site, Programs, Products, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Site, Programs, Products, and Services, and you alone are 100% solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through our Site, Programs, Products and Services.  You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now and in the future.

Testimonials. This Site presents real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. Each client or individual has approved these testimonials, examples, and photos for use in materials to speak to our Programs, Products and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results.  Rather, these client stories represent what is possible with our Programs, Products and/or Services.

Assumption of Risk. Company is not responsible for your personal choices or actions before, during or after use of our Site, Programs, Products and Services. You understand that any mention of any suggestion or recommendation on or through Site, Programs, Products or Services is to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you, your business, or your family or children (if applicable) or any other person, may incur from your or their use, or non-use, of the information provided.

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

Participant acknowledges and agrees that no representation has been made by Site, Programs, Products and Services or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in any Program.

Errors and Omissions.  Although every effort is made to ensure the accuracy of information shared on or through our Site, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our Site, Programs, Products and Services or those of any other individual or Company affiliated with me in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because business and technology is constantly evolving, we cannot be held responsible for the accuracy, errors or omissions related to my Site, Programs, Products or Services.

No Warranties.  THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Third Parties.  Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on Sites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Company representative while acting in his/her official capacity.

You agree at all times to defend, indemnify and hold harmless Company and its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

No Endorsement.  Reference or links in Site, Programs, Products or Services to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute our formal endorsement. Company is not responsible for the Site content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in my Site, Programs, Products or Services.

Online Commerce. Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Site and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

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 also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Registration. To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords. To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Termination. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

Refund Policy. Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

By using our Site, Programs, Products and Services you implicitly signify your agreement to all parts of the above privacy Policy, Terms of Use, and Disclaimer.  If you have any questions regarding the above, please contact us at hello@nxtfocus.com.

 



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