TERMS + CONDITIONS

OVERVIEW

This website is operated by LAURA NIESE (THE FEMME CEO). Throughout the site, the terms “we”, “us” and “our” refer to LAURA NIESE (THE FEMME CEO). LAURA NIESE (THE FEMME CEO) offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. This website is hosted on Kajabi. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Under no circumstances will we be responsible for any such claims.

SECTION 9

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click HERE to view our Privacy Policy.

SECTION 11

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You agree that all work created by Laura Niese. solely or in collaboration with others in the course of performing services, shall automatically be the sole property of Laura Niese and The Femme CEO upon their creation or (in the case of copyrightable works) fixation in a tangible medium of expression and Laura Niese shall own all rights, including all proprietary and intellectual property rights, title and interest. Therefore, the content in all Laura Niese programs and services is for the sole purpose of your education and self-development within a professional or business environment. Intellectual property rights includes, but is not limited to, any domain names, program, company names, patents, copyrights, trademarks, trade names, know-how, concepts, ideas, discoveries, processes, developments, suggestions, materials, improvements, work of authorship, artwork, software, documentation, intellectual property, rights in other tangible and intangible assets of proprietary nature, and the like. Laura Niese will own on all the work product described above, the copyright, the right to register and renew the copyright, the right of first publication, the reproduction right, the performance right, and all other rights provided by the Copyright Act (RSC 1985, c. C-42).

SECTION 13

CONFIDENTIALITY

You shall preserve in strict confidence all confidential, sensitive, or proprietary information of Laura Niese or received from Laura Niese , whether or not marked «proprietary» or «confidential», and whether oral or written. Confidential Information shall not include information that you can demonstrate by written evidence was publicly available at the time of disclosure or was independently developed by you without reference to confidential information. You will not (i) disclose or cause to be disclosed at any time any confidential information obtained from Laura Niese, or (ii) use or cause to be used any of such confidential information for any purpose, except as required in the performance of the program or services. You hereby represent, warrant and covenant that you shall maintain physical, electronic and procedural safeguards designed to (1) insure the security, integrity and confidentiality of all confidential information, (2) protect against any anticipated threats or hazards to the security, integrity or confidentiality of confidential information, and (3) protect against unauthorized access to or use or disclosure of confidential information.

SECTION 14

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. All content on the website as well as any services provided are intended for professional use or business related use. Laura Niese (The Femme CEO) does not guarantee any benefits, profits, any performance benefits or any other results. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is"; and "as available"; for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Melanie Layer Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Laura Niese  and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17

TERMINATION FOR CAUSE

Laura Niese may, by written notice to you, terminate any programs or services, or any part thereof, if you breach any of the terms and conditions or any agreement. By ways of example, (a) failure by you to make timely, complete and conforming payment according to the program of service you purchased, or (b) breach of the representations or warranties set forth in these terms and conditions or any other agreement, shall entitle Laura Niese  to terminate its business relation with you. If any agreement is terminated for cause, Laura Niese shall have no payment obligation to you. Moreover, there will be no reimbursement of payments you already made and, in the event a payment plan was agreed upon, you will remain liable for the full payment.

SECTION 18

TERMINATION FOR CONVENIENCE

You may, by written notice to Laura Niese., terminate all or part of any agreement, for any or no reason, for your convenience. Upon notice of termination, you shall immediately stop using any program and/or service pursuant to any agreement. If you terminate for convenience, you shall pay any remaining outstanding balance, if any, for any program or service you purchase. If you terminate for convenience before the end of a program or service, Laura Niese, will have no obligation to reimburse any amount paid the whole as liquidated damages.

The parties renounce to the application of section 2129 of the civil code of Ohio.

SECTION 19

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Ohio and the laws of USA. All matters arising under or related to these terms and conditions, programs or services rendered by Laura Niese shall be construed and enforced in accordance with the laws of the state of Ohio and shall

be properly brought and heard in the courts located in the state of Ohio, city of Columbus.

SECTION 21

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22

REFUNDS

Coaching services and program content must be completed in order for Client to gain benefit. Client is solely responsible for implementing coaching recommendations and program content, and is solely responsible for their results. Unless otherwise stated, all items and programs purchased are 100% non-refundable and returns will not be accepted.

SECTION 23

HOLIDAYS

Company will be unavailable on all U.S. Federal Holidays and will take breaks at certain points throughout the year as announced in advance.

Company may schedule 12 weeks (total) of out-of-office time per 12-month period where they will not be available for calls or messages. Company will provide at least 1-4 weeks notice before any leave. During this time, a Support Coach or Guest Expert may provide additional support.  

SECTION 24

FEES & EXPENSES

Client will be billed through auto-payments based on the current pricing for the program at the time of sign-up.

Soft Girl Marketing is an initial 3 month commitment. Following the initial 3 month commitment, the client can continue Soft Girl Marketing Program for an additional 3 months, upgrade to 1:1 Mentorship, or withdraw from the program.

Client agrees to compensate Company according to the payment schedule. If any amount is not paid within fourteen (14) days after it becomes due, Client membership access will be removed until the balance is taken care of. If the balance is not paid within thirty (30) days after it becomes due, Client shall also pay Company interest (12%) per annum (or the maximum rate permitable by applicable law, if lower) on that amount for the period from its due date until it is paid in full. If balance is not taken care of, all fees due will be sent to collections.

SECTION 25

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

Laura Niese

Founder of The Femme CEO, Travel To The Beat, LLC

Last Updated January 2024