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WEBSITE TERMS OF USE AGREEMENT

WELCOME TO [MARIAWIK.COM], THE OFFICIAL WEBSITE (“SITE”) FOR Wik & Associates, LLC (“COMPANY”). THE FOLLOWING TERMS ALONG WITH THE DISCLAIMER AND PRIVACY POLICY SERVE AS THE AGREEMENT GOVERNING THE VISITOR’S USE OF THIS WEBSITE. THE PARTIES TO THIS AGREEMENT INCLUDE “COMPANY” WHICH WE MAY REFER TO AS “WE” OR “US” AND THE VISITOR TO THE SITE, WHO WE MAY REFER TO AS “YOU.”

BY USING THIS SITE YOU WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.

PLEASE READ THE FOLLOWING. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

USE OF SITE

We hope you enjoy using this website as it is meant to provide you with information about Life/Business Coaching. In addition to providing you with information, the other purposes of our website include, allowing you to join our mailing list, sign-up for free gifts, place orders to purchase our products and services, provide a means for you to contact us. Any other use of this site is prohibited.

You agree not to use any features of this site that permit communications or postings to post, display, or otherwise communicate any of the following:

  • any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

  • any advertisement, solicitation, or spam;

  • any encouragement of illegal activity;

  • unauthorized use or disclosure of private, personally identifiable information of others;

  • any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so; or

  • any false or misleading information.

TERM AND TERMINATION

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

SITE CONTENTS AND OWNERSHIP

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

INFORMATION YOU PROVIDE TO US

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

LINKED WEBSITES

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

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

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

LIMITATION OF LIABILITIES

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

LIMITATIONS ON CLAIM

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

INDEMNIFICATION

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

DISPUTE RESOLUTION

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

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Company and you with respect to this website.  This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between you and Company with respect to this website.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY

If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.

NO WAIVER

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

MODIFICATIONS TO AGREEMENT

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

ASSIGNMENT OF RIGHTS

Your rights under this Agreement are not assignable.

Refunds and Cancellations

Company does not offer refunds or cancellations on purchases made to work with Company in any services. . Company does not guarantee results. Results are based on clients ability to do the work and to be coachable.

CONTACT: Should you have questions regarding this Terms of Use Agreement, please contact hello@mariawik.com

CONTRACT: Above and below are applicable to when working or hiring Wik & Associates LLC to work with Maria Wik

1. Cancellation:

If the scheduled time does not work for Client, Client must either cancel or reschedule at least 24 hours prior to the scheduled time.

2. Late Arrival and No Show:

a. If Client shows up 10 minutes late to the scheduled session  the call will be forfeited.

b. If Client does not reschedule within the required time frame, and does not show up at the scheduled time, Client will forfeit the service that was to be provided at that time and will not receive a refund for missing the appointment.

3. Late Payment:

Client must pay Company pursuant to the terms of Paragraph 5.  In the event payment is more than 2 days late, with out notice client will incur a late fee of $200. If there is notice and agreed upon by both parties, payment will be waved.

4. Refund/Multiple Payments:

Company does not offer refunds. Client agrees to pay the total amount due pursuant to Paragraph 5.

If Paragraph 5 calls for payment to be made in multiple payments, and Client becomes unsatisfied with the services or products after providing partial payment, Client agrees to pay the total fee agreed upon.  If Client becomes unsatisfied with Company’s services or products, Client is still required to pay the total due in Paragraph 5.

5. Communication:

Calls and access to Facebook groups under the digression of Wik & Assocaties.

6. Confidentiality:

Any information discussed or any information either party comes to know during Company and Client’s working relationship is confidential.  This does not include information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by Company.

Confidential information may be shared if and only if waived by both parties in writing.

7. Intellectual Property:

Company reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation in the Program covered in this Agreement. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes. Client understands that claiming Company’s materials as their own is a violation of intellectual property rights.

8. Non-Disparagement

Both Parties agree to not take any actions, make any statements, whether oral or in writing, that negatively impact the other party’s business, services, products, or reputation.

9. Assignment:

This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns.  Client may not assign its rights under this Agreement without express written consent from Company.

10. No Guarantees; Disclaimer:

NO GUARANTEES: Company makes no guarantees about the results Client may obtain from working with Company.  Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which are not to be relied upon to predict results in Client’s specific situation. The results Client experiences will be dependent on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate.

NOT PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE: At no time should any of Company’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy.  Company’s services are not intended to treat, diagnose, cure, or prevent any disease.  If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.

NOT LEGAL OR FINANCIAL ADVICE: At no time should any of Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out.

EARNINGS DISCLAIMER: Any information provided by Company regarding wealth, abundance, income, earnings, business profits or personal financial status is for informational purposes only. Company may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in Client’s specific situation.  Financial outcomes depend on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate. Client agrees that Company is not responsible for Client’s success, or lack thereof. Client’s reliance on any information provided by Company is done so at Client’s own risk.

11. Warranties:

Both Company and Client warrant that they have full authority to enter into this Agreement.  Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards. Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.

12. Whole Agreement:

This Agreement constitutes the entire agreement between Client and Company.  This Agreement supersedes and cancels all prior or contemporaneous oral agreements and written agreements including but not limited to conversations, messages, emails, and negotiations.

13. Modification; Waiver:

The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties.  The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver.  In order to make the waiver binding, the party making the waiver must execute it in writing.  The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.

14. Severability:

If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.

15. Limited Liability:

THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY.  UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Notices:

All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid, addressed as follows:

To Company: Maria Wik

To Client:

17. Dispute Resolution; Costs and Fees; Applicable Law/Venue:

Both Company and Client agree to make every effort to resolve disputes without the need for third party assistance.  If that cannot be done, Company and Client agree to utilize mediation in order to resolve the dispute.  The mediation will either be held in Connecticut or through an online mediation service. Both parties must agree to the mediation service and mediator to assist in resolving the dispute.  Both parties agree that their good faith participation in mediation is a condition precedent to pursuing any other available legal remedies.

Parties agree that this Agreement shall be governed by and construed in accordance with the laws of Connecticut.  Parties agree that the venue for any court proceedings arising out of this Agreement shall be in Connecticut.

If Company is the successful party to the dispute resolution, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled.

Updated: June 2020