TERMS OF SALE
Last Updated: August 2, 2022
The following Terms of Sale are entered into by and between You (“Purchaser”) and EXPRESSIVE LIVING INC. DBA YOUR BUSINESS PARTNER™ (“Your Business Partner,” “we” or “us”).
This Terms of Sale Agreement is a legally binding contract by and between You and Your Business Partner having a principal place of business at 12 Griffith Lane, Huntington NY 11743 for Nancy’s products and/or services.
Purchaser understands that they can contact us at [email protected] to answer any questions or to explain this Agreement and the Refund Policy.
The period of this Agreement begins on the date of purchase and, if applicable, ends upon cancellation of Product and/or Service access by the purchaser via email to [email protected] at least 30 days prior to the next monthly scheduled billing or upon cancellation or termination of this Agreement by Your Business Partner.
I understand that I am responsible for paying Your Business Partner as agreed for Nancy’s products and/or service access. If payments are missed or payment is not completed by the due date, Purchaser may lose access to Nancy’s products and/or services. Specific product and/or service payment terms are included in Section 5 of this Agreement.
Purchaser shall: (i) pay Your Business Partner on time at the current rate. All payments pursuant to this Agreement are non-refundable. Your Business Partner reserves the right to place further products and/or services on hold until any outstanding invoice is paid and to invoice Purchaser ten percent (10%) annual interest rate for any outstanding, undisputed invoice not paid within thirty (30) days after receipt. If payment ceases for a period of 30 days, this Agreement will be canceled, and Purchaser will be required to pay the prorated amount due for services performed up to that date.
Your credit/debit card details are not handled by Your Business Partner. All payments and credit card handling are through a third party. Authority for payment must be given at the time of placing your order.
2. METHODS OF PAYMENT
When the Purchaser elects to pay by installments, Purchaser authorizes Your Business Partner to charge Purchaser’s credit card or debit card.
The purchaser must provide current, complete, and accurate billing and credit card information. Purchaser must promptly update all billing information (such as billing address, card number, and expiration date) to keep their account current, complete, and accurate, and must promptly contact Your Business Partner if their credit card is lost or stolen, or if they become aware of a potential breach of account security (such as an unauthorized disclosure or use of their Sign-In Name or Password). Purchaser hereby authorizes Your Business Partner to obtain or determine updated or replacement expiration dates for their credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible for paying. You are advised to check with your bank and credit card issuer for details.
3. REFUND POLICY
Due to the extensive time involved in professional coaching and consulting, refunds will not be given.
We are completely devoted to your success. If during your product and/or service access you need help or support, ask and we can offer you a paid 1:1 coaching call with Nancy. By investing in your business and making a commitment to yourself you are more likely to succeed.
If you would like to cancel this Agreement after the minimum period, you may do so at any time 30 days before your next billing date. Please contact us at [email protected].
4. CANCELLATION OR POSTPONEMENT
If Your Business Partner cancels Nancy’s product and/or service before it begins, Purchaser is entitled to a full refund of all paid program fees within 10 business days. If Your Business Partner discontinues the product and/or service after it begins, Purchaser will be advised in writing.
The fee for Nancy’s Membership Site access includes the following two options:
1) Monthly Subscription: If purchased after 11/29/19, payment of $97 per month USD (due at time of purchase and monthly thereafter) for access to Nancy’s Membership Site + access to the once-a-month Live Q&A.
If purchased prior to 11/29/19 Midnight PST, payment of $47 per month USD for access to Nancy’s Membership Site + access to the once-a-month Live Q&A (due at time of purchase and monthly thereafter; 6-month minimum).
2) Annual Subscription: If purchased after 11/29/19, payment of $970 per year USD (due at time of purchase and annually thereafter) for 1 year of access to Nancy’s Membership Site + access to the once-a-month Live Q&A .
The purchaser can cancel via email to [email protected] at least 30 days (about 4 and a half weeks) prior to the next monthly or annually scheduled billing.
Monthly Subscription Coaching
The fee for Nancy’s Monthly Subscription Coaching (as of 7/31/22) is a payment of $1497 per month USD for one 50-minute 1:1 coaching call per month + membership site access + Voxer Access (M – TH) + weekly open office hour on Mondays (46 weeks a year) (due at time of purchase and monthly thereafter; 6-month minimum)
Prior to 7/30/22 – Payment of $997 per month USD for one 50-minute 1:1 coaching call per month + membership site access + Voxer Access (M – TH) + weekly open office hour on Mondays (46 weeks a year) (due at time of purchase and monthly thereafter; 6-month minimum) -OR- payment of $1400 per month USD for two 50-minute 1:1 coaching call per month + membership site access + Voxer Access (M – TH) + weekly open office hour on Mondays (46 weeks a year) (due at time of purchase and monthly thereafter; 6-month minimum)
Prior to 11/5/21 – Payment of $797 per month USD for one 50-minute 1:1 coaching call per month + membership site access + Voxer Access (M – TH) + weekly open office hour on Mondays (46 weeks a year) (due at time of purchase and monthly thereafter; 6-month minimum) -OR- payment of $1400 per month USD for two 50-minute 1:1 coaching call per month + membership site access + Voxer Access (M – TH) + weekly open office hour on Mondays (46 weeks a year) (due at time of purchase and monthly thereafter; 6-month minimum)
PLEASE NOTE: This is a monthly membership program with the option to cancel further monthly payments after 6 months. The purchaser can cancel via email to [email protected] at least 30 days prior to the next monthly scheduled billing.
Profit Insiders for Interior Designers Group Coaching Program
If purchased after 9/1/21 Midnight PST, the fee for the Profit Insiders Group Coaching program includes a monthly payment of $797 USD for two 60 to 90-minute group coaching calls per month + one 1:1 50-min introductory call, Nancy’s Business Help Line (Voxer walkie-talkie phone App access), Membership Site access + access to the once-a-month Live Q&A for 12 months ($797 due at time of purchase and monthly thereafter). This is a monthly membership program with the option to cancel further monthly payments after 12 months. The purchaser can cancel by email ([email protected]) at least 30 days prior to the next monthly scheduled billing.
If purchased prior to 9/1/21 Midnight PST, the fee for the Profit Insiders Group Coaching program includes a monthly payment of $597 USD for two 60 to 90-minute group coaching calls per month + one 1:1 50-min introductory call, Nancy’s Business Help Line (Voxer walkie-talkie phone App access), Membership Site access + access to the once-a-month Live Q&A for 6 months ($597 due at time of purchase and monthly thereafter). PLEASE NOTE: This is a monthly membership program with the option to cancel further monthly payments after 12 months. The purchaser can cancel by email ([email protected]) at least 30 days prior to the next monthly scheduled billing.
Open Office Hours Weekly Subscription
The fee for Nancy’s Open Office Hours Subscription includes the following two options:
1) Monthly Subscription: Payment of $397 per month USD for once a week 45-minute Coaching Group Calls + membership site access + access to the once-a-month Live Q&A + Voxer (46 weeks per year).
2) Annual Subscription: One annual payment of $3997 USD for once a week 45-minute Coaching Group Calls + membership site access + access to the once-a-month Live Q&A + Voxer (46 weeks per year).
Body Language Course
The fee for Nancy’s Body Language Confidence Course is a one-Time Payment of $697 USD for unlimited lifetime access to the digital course. This self-paced course is pre-recorded and available online.
Body Language Assessment
The fee for a 1:1 Body Language Assessment session with Nancy is a one-time payment of $550 USD for one 50-minute call.
Prior to 7/30/22 – One-time payment of $497 USD for one 50-minute call.
Interior Design Profit Formula Success Course
The fee for Nancy’s Interior Design Profit Formula Success Course is a one-time payment of $1,497 USD for unlimited access to the digital course and access to recordings of Nancy’s monthly Live Q&A sessions. This course is pre-recorded and available online.
1:1 Business Strategy Session
The fee for a 1:1 Business Strategy Session with Nancy is a one-time payment of $550 USD for one 50-minute 1:1 coaching call.
Prior to 7/30/22 – One-time payment of $497 USD for one 50-minute 1:1 coaching call.
The fee for Nancy’s Contracts Bundle is a one-time payment of $397 USD for unlimited access to the Designer-for-a-Day, Designer on Call, and Full-Service Design contract templates + explainer videos + digital resources.
Designer-for-a-Day Contract Template + Video
The fee for Nancy’s Designer-for-a-Day is a one-time payment of $97 USD for unlimited access to the contract template + explainer video.
Designer on Call Contract Template + Video
The fee for Nancy’s Designer on Call is a one-time payment of $175 USD for unlimited access to the contract template + explainer video.
Full-Service Design Contract Template + Video
The fee for Nancy’s Full-Service Design is a one-time payment of $175 USD for unlimited access to the contract template + explainer video.
Nail Your Sales Audio Training Course
The fee for Nancy’s Nail Your Sales Audio Training Course is a one-time payment of $47 or $97 USD (depending on where and when it was offered) for unlimited access to the digital course.
Create Leads, Gain Authority, and Close Sales with Joint Webinars
The fee for Nancy’s Joint Webinar Training Course is a one-time payment of $97 USD for unlimited access to the digital course.
Business Startup Toolkit
The fee for Nancy’s Business Startup Toolkit is a one-time payment of $87 USD for unlimited access to the digital course.
Attraction Marketing Course
The fee for Nancy’s Attraction Marketing course is a one-time payment of $197 USD for unlimited access to the digital course.
Free resources are provided by Nancy at no charge as a single digital download or temporary access.
TERMS AND CONDITIONS OF USE
Last Updated: October 27, 2021
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and EXPRESSIVE LIVING INC. DBA YOUR BUSINESS PARTNER™ (“Company,” “we” or “us”).
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.
Your use of the Website is also subject to the Company’s Disclaimer NancyGanzekaufer.com/terms-and-conditions/ Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
USE OF THE WEBSITE
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and any resources provided on or available for download from the Website are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided.
The Company reserves the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users including registered users.
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
USE OF FREE DOWNLOADABLE CONTENT
The Company may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.
By accessing or downloading the Gated Content, you agree that the Gated Content may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.
By accessing downloading the Gated Content, you further agree that you shall not create any derivative work based upon the Gated Content and you shall not offer any competing products or services based upon any information contained in the Gated Content.
MATERIAL YOU SUBMIT TO THE WEBSITE
By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you are granting the Company, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
We claim no intellectual property rights over the Submissions you supply to the Company. You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website.
You shall not upload, post, submit, input or otherwise make available on the Website any Submissions 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 Submissions 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 Submissions submitted by you to the Website, you automatically represent or warrant that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold the Company 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 arising from Submissions you submit through the Website.
You further you grant us the right to use your Submission for the purpose of improving our Website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of your Submission. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.
OUR INTELLECTUAL PROPERTY
The Website contains intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to the Company or to our licensors (“IP”). 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 our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.
As a condition of your use of the Website, you warrant to the Company that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.
The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your individual use and will make no other use of the Content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our website and related information and services on an “as is” and “as available” basis without any warranties, representations, or guarantees of any kind (whether express, implied, statutory, or otherwise) including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose.
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 WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABE THROUGH THE WEBSITE.
ADDITIONALLY, THE COMPANY 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, EVEN IF THE COMPANY 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 EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.
Your use of the Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted, or delayed for any reason.
Although we endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damage or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.
The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access of this Website or any outbound hyperlinks.
THIRD PARTY RESOURCES
The Website contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources.
The Company may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms is held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
GOVERNING LAW; JURISDICTION; MEDIATION
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. 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.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended usage contact us at [email protected].
The owner of this website is EXPRESSIVE LIVING INC. DBA YOUR BUSINESS PARTNER™ . You may contact us by email at [email protected] .