Nicole Lawton LLC Terms of Use

This Terms of Use Agreement (“Agreement”) is made between Nicole Lawton, LLC d/b/a PhoenixRising333 (“Nicole Lawton, LLC”, “We,” “Our,” or “Us”), a Pennsylvania Limited Liability Company, and the person (“You”, “Your” or “User”) using the website at nicolelawton.com (the “Website”) to obtain information about, or to book, Our spiritual services (the “Sessions”). This Agreement sets forth the standards of use of the Website. By using the Website, You agree to the below terms and conditions. Nicole Lawton LLC reserves the right, at any time, and without prior notice, to amend the terms and conditions of this Agreement. Any such modifications are effective immediately upon placement on this Website. Use of this Website, including after any modifications to the Agreement, constitutes Your acceptance of the terms and conditions of this Agreement, and Your acknowledgement that You agree to be legally bound to such terms and conditions. This is a voluntary arrangement, so You may at any time end Your use of the Website if You do not agree with the Agreement’s terms and conditions.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF USE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE WEBSITE AND THE SESSIONS.

Using the Website

You must follow any policies made available to You within the Website, including Our privacy policy.

Don’t misuse the Website. For example, don’t interfere with the Website, try to access it using a method other than the interface and the instructions that We provide, or extensively or automatically copy any content from the Website (in other words, no scraping). You may use the Website only for Your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the Website to You if You do not comply with Our terms or policies, if We are investigating suspected misconduct, or for any other reason.

Using the Website does not give You ownership of any intellectual property rights in the Website or the content You access through them (“Content”). You may not use Content, except as permitted in this Agreement, by its owner, or as otherwise permitted by law.

The Website displays some Content that is not Our own. For example, testimonials from Our clients, shared with their permission, or Content belonging to other third parties (collectively, “Third Party Content”). We are not responsible for, and You waive all of Our liability with respect to, Third Party Content. Third Party Content is the sole responsibility of the individual or entity that makes it available to You via the Website. We may review Third Party Content to determine whether it is illegal or violates Our policies, and We may remove or refuse to display Third Party Content that We believe violates Our policies or the law.

In connection with Your use of the Website and any Session You book, We may send You booking confirmations, reminders, service announcements, administrative messages, and other information. You may opt out of Our marketing emails by clicking on the “unsubscribe” link in marketing e-mails. Please be aware that there may be a brief period before We are able to process Your opt-out.

Privacy

Our privacy policy explains how We treat Your personal information and protect Your privacy when You use Our Website. By using Our Website, You agree that We can collect, use, and share data from You as described in Our privacy policy. We are not responsible for any information or content that You share with others via Your use of the Website. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Website.

If You submit feedback or suggestions about the Website, You agree that We may use Your feedback or suggestions without obligation to You.

Booking Sessions

Sessions are booked and paid for online through VendorStreet, the booking system We use, which is operated by Ecropolis LLC. Payments are processed by Stripe, Inc. on pages hosted by Stripe. Neither We nor VendorStreet store Your full payment card details.

You must be at least 18 years of age to book a Session. When You book, You agree to give Us accurate contact details, including an email address You check, so that We can send Your booking confirmation, reminders, and the link to join Your Session.

Before You pay, You will be asked to read and accept Our Participant Acknowledgement, Consent, and Release of Liability Agreement (the “Participant Agreement”). The Participant Agreement applies to every Session You book and forms part of this Agreement. If the Participant Agreement and this Agreement conflict about a Session, the Participant Agreement controls.

Session fees are shown in U.S. dollars when You book and are due in full at the time of booking. As set out in the Participant Agreement, all payments are final and non-refundable, including if You do not attend a Session. If We need to cancel a Session, We will offer You another time or a full refund.

You may reschedule a Session once, using the link in Your booking confirmation, provided You do so at least 48 hours before it begins.

Sessions are held online by video. You are responsible for Your own internet connection and device, and for a private place to take part. Sessions may be recorded as described in the Participant Agreement, and We will use a recording of Your Session publicly only if You have separately consented to that use.

Sessions are intended for spiritual exploration, meditation, intuitive discussion, and personal insight. They are not a substitute for professional medical, mental health, legal, or financial advice, diagnosis, or treatment, and they are not appropriate for emergencies. If You are experiencing an emergency, contact emergency services. Any impressions, messages, or guidance offered during a Session are subjective, and Nicole Lawton, LLC makes no guarantee of any outcome or future event. The Participant Agreement sets out these terms in full.

If You ask for text-message reminders when You book, message and data rates may apply, and You can stop them at any time by replying STOP.

Third-Party Websites

This Website may contain hyperlinks to third-party websites, such as the booking, payment, and video-meeting services We use to provide Sessions. Nicole Lawton, LLC is not responsible for the content or information collection policies of such third-party websites. If You visit another website, You should review their privacy, terms of use and other policies. Any concerns You may have regarding third-party websites should be directed to such particular websites.

Modifying and Terminating the Website

We are constantly changing and improving the Website. We may add or remove functionalities or features, and We may suspend or stop the Website altogether, at any time, without any notice or liability.

You can stop using the Website at any time, although we’ll be sorry to see You go. We may also stop providing the Website to You, or add or create new limits to the Website, at any time.

Indemnification and Hold Harmless

User shall indemnify, defend and hold harmless Nicole Lawton, LLC, including its officers, directors, employees, representatives, affiliates, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and its contents (“Nicole Lawton, LLC Indemnitees”), from and against any claims, causes of action, demands, recoveries, damages, fines, penalties, losses or other costs or expenses, including but not limited to reasonable attorneys’ fees, incurred in whole or in part by Nicole Lawton, LLC Indemnitees, whether arising in tort, contract, or equity, arising out of or relating to: (i) User’s breach of this Agreement; (ii) User’s use of this Website in violation of this Agreement; or (iii) User’s violation of any law or other rights of a third party.

Limitation of Liability

To the extent permitted by law, in no event shall Nicole Lawton, LLC, including its officers, directors, employees, representatives, affiliates, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and its contents, be liable to any User of this Website. YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE WEBSITE OR THE SESSIONS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

Logos or Trademarks

All logos and trademarks on this Website are the exclusive property of their respective owners. The use of logos or trademarks on this Website that belong to any third parties, and the availability on this Website of information from such third parties, should not be construed as an affiliation, endorsement or sponsorship of this Website by any such third party.

Relationship Between Nicole Lawton, LLC and User

No agency or fiduciary relationship exists between Nicole Lawton, LLC and You as a result of Your use of this Website.

Governing Law

The terms and conditions of this Agreement, including any claims or other matters of dispute between You or any third-party and Nicole Lawton, LLC, including its officers, directors, employees, representatives, affiliates, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and its contents, shall be governed by and enforceable in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws. User agrees that service of process may be made by certified mail, postage prepaid, to User. User agrees that, in the event of any dispute, User shall be responsible for reasonable attorneys’ fees and court costs incurred by Nicole Lawton, LLC.

Severability

The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision of this Agreement.

Conflicts

If there is a conflict between this Agreement and any additional terms for the Website, the additional terms will control for that conflict.

Assignment

You may not assign or delegate Your rights or obligations relating to this Agreement without Our prior written consent. We may assign this Agreement or assign or delegate any of Our rights or obligations at any time.

Changes to the Agreement

We may modify this Agreement or any additional terms that apply to the Website for any reason, for example, to reflect changes to the law or changes to Our Website. You should look at the Agreement regularly and the “Last Updated” date at the top of this Agreement. We’ll use reasonable efforts to give You notice of these modifications, such as posting notice of modifications to this Agreement on this web page, through the Website, or via email. By continuing to use the Website after We make these modifications, You agree that You will be subject to the modified Agreement. If You do not agree to the modified terms for the Website, You should discontinue Your use of the Website.

Binding Arbitration

Without limiting your waiver and release set forth above, you agree to the following:

a. Purpose. Any and all Disputes (as defined below) involving you and Nicole Lawton, LLC will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Binding Arbitration section (the “Arbitration Provision”) shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Arbitration Provision does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions. The term “Dispute” means any claim or controversy related to the Website or the Sessions, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, “Nicole Lawton, LLC” means Nicole Lawton, LLC and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Website or the Sessions.

c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Nicole Lawton, LLC by mail to P.O. Box 41, Gwynedd Valley PA 19437.

d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Nicole Lawton, LLC may bring an individual action in a small claims court in the area where you access the Website or the Sessions if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Nicole Lawton, LLC about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless You and Nicole Lawton, LLC agree otherwise, any arbitration hearing will take place in Philadelphia, PA. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be Nicole Lawton, LLC’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse Nicole Lawton, LLC for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Nicole Lawton, LLC will pay all fees and costs that it is required by law to pay.

h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND NICOLE LAWTON, LLC AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.

If You have any questions or comments about this Agreement please contact Nicole Lawton, LLC through the contact form on the Website.