Tad James Company LLC / NLPCoaching.com Terms and Conditions
THE LEGAL AGREEMENTS BETWEEN YOU AND The TAD JAMES COMPANY SET OUT BELOW GOVERN YOUR USE OF THE NLPCOACHING.COM AND ANY SUBDOMAINS THEREOF (HEREIN REFERRED TO AS “NLPCOACHING.COM”). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE NLPCOACHING.COM.
1. NLPCOACHING.COM TERMS AND CONDITIONS
1.1. NLPCoaching.com is owned and operated by the Tad James Company LLC (“TJC”).
1.2. Access to and use of NLPCoaching.com and the products available through NLPCoaching.com are subject to the following terms and conditions which may be updated, suspended or terminated by the TJC without notice in the TJC’s absolute and unfettered discretion. You should check this page regularly to take notice of any changes we may have made to the terms and conditions.
1.3. You acknowledge that all products that you order through NLPCoaching.com are intended for personal, domestic, non-commercial use only.
2. TERMS OF SALE
2.1. PAYMENTS, TAXES, AND PRICING
a) You agree that you will pay for all products you purchase through NLPCoaching.com, and that TJC may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TJC WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
b) All prices are in U.S. dollars.
c) Your total price will include the price of the product plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you download the product.
d) All prices exclude delivery costs.
e) All sales of products are final.
f) Prices for products offered via NLPCoaching.com may change at any time, and NLPCoaching.com does not provide price protection or refunds in the event of a price reduction or promotional offering.
g) Sale items are only available at the lower price whilst stocks last and during the designated sale period.
h) If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by TJC.
i) We take all reasonable care to ensure that all details and prices of products on the NLPCoaching.com are correct at the time of online publication. However, we reserve the right to correct any publishing errors on NLPCoaching.com and cancel orders made at the incorrect price.
2.2. ELECTRONIC CONTRACTING
Your use of NLPCoaching.com includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS TJC TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
2.3. PRODUCT AVAILABILITY
a) Some of the products and offers available on NLPCoaching.com may not be available at our trainings and U.S. and Australia offices.
b) Please check the availability of the item you wish to purchase. All in stock items are promoted in good faith to be available at our warehouse at the time the order is received.
c) The availability indicator applies to single items only, and where multiples are purchased, the shipment of the total order may be delayed.
d) Once we have received your order, you will receive a confirmation email confirming receipt of your order. This is not a guarantee of availability.
e) Unforseen supply issues or unexpected demand may occasionally result in stock being unavailable. You may cancel or edit your order up until your order has been assigned to our warehouse team. Please phone our Australian Office on +61 2 9221 9221 or our U.S. Office on +1 (888) 440 4823; or email [email protected] to make any changes.
f) Please note that some products are not available for international dispatch except to the U.S. and Australia.
g) Items marked as pre-order will generally be dispatched on the day prior to the release date. Where an order contains additional items, the entire order will be dispatched once the pre-order stock is available.
h) All backorder items are promoted in good faith to be available from our suppliers at the availability indicated. Where an item is deleted from a supplier’s range after we have placed an order for it on your behalf, the item will be cancelled from your order and you will be notified.
2.4. PROMO CODES
a) We may from time to time offer promotional codes which may apply in respect of any, or certain specified, purchases made though NLPCoaching.com. The conditions of use relating to any discount code will be specified at the time of issue. Eligibility may also be based on meeting a minimum spend requirement or being a member of NLPCoaching.com. When entered on the shopping cart page, the appropriate discount is deducted from the cart total or an offer, that is, a free gift with purchase, is applied. The same discount cannot be obtained placing an order over the phone. Offers will not be available in our trainings or U.S.A. and Australia offices.
b) In some cases the promotion will apply automatically, without the need for a promo code to be entered.
c) Please note that some promo codes may have a restricted usage, and may not be combined with other promotions.
d) Where a refund is issued on an order containing a promo code, the refund will match the amount tendered, net of the promo code discount.
e) For more information on promo code usage, please contact Australian Office on +61 2 9221 9221 or our U.S. Office on +1 (888) 440 4823; or email [email protected]
f) Where “free delivery” is specified, the method of delivery will be at the TJC’s absolute discretion. The purchase on demand products is excluded from “free delivery”.
2.5. CHANGING YOUR ORDER
a) We will do our best to accommodate you should you wish to make a change to your NLPCoaching.com order including substitution or addition of products, upgrading to premium postal service , changing the delivery address or cancelling your order. This is possible only up until your order has been assigned to our warehouse team for collating. Please phone Australian Office on +61 2 9221 9221 or our U.S. Office on +1 (888) 440 4823; or email [email protected] with the details of the change required.
b) Please note that these changes may not be reflected in future email correspondence regarding your order.
2.6. DELIVERY
a) Please take care to ensure accuracy when entering the delivery address for your order; especially where orders are addresses to a gift recipient. Unfortunately, we are unable to redirect parcels once they have left our fulfilment centre. Where the shipping address differs from the billing address, please ensure permission is obtained for the disclosure of personal information under the Privacy Act for third party recipients.
b) Delivery times on NLPCoaching.com relate to the delivery service and do not include dispatch time. Orders placed with all stock ready to deliver will leave the TJC Fulfilment Centre within 2 business days. Orders for out of stock items will be sent within 2 business days of their arrival at our Fulfilment Centre from our suppliers.
c) Delivery Within U.S. and Australia
i. NLPCoaching.com delivers to U.S. address using UPS and Australian addresses by Australia Post network. Delivery times quoted on NLPCoaching.com refer to the time to deliver after the parcel has left our Fulfilment Centre, and have been supplied by UPS and Australia Post.
ii. The ATL or Authority To Leave service allows Australia Post to leave the parcel in a secure location if a signature cannot be obtained for delivery. Please note that the ATL service may not be available to buildings with a security entrance. In these cases, a card will be left with instructions. We cannot accept responsibility for parcels lost or damaged where the item has been left ATL as requested.
iii. For delivery to company addresses or workplaces, the Company Name and Floor/Level must be included in the address details.
iv. Please check the delivery address carefully, as parcels cannot be redirected once in transit.
v. Where an order is returned to us as unclaimed, refused or insufficiently addressed, we will contact you by email for further instruction. Please note that additional delivery charges will apply to have these orders resent.
d) International Delivery
i. We deliver to international addresses using a budget airmail service.
ii. A contact phone number for the recipient must be supplied for all International orders.
iii. Please note that the Airmail Service, is a non tracked, non refundable service. We cannot accept responsibility for parcels lost using this service.
iv. Some international orders may require additional identification before being processed and may delay dispatch of your order. We reserve the right to request additional identification prior to processing orders originating outside Australia.
v. Please be aware that your order may be subject to local Customs duties and local taxes in the country of destination. Please check with your local authority to ascertain applicable rates. Any additional charges must be borne by the recipient.
e) Additional Delivery Charges
i. On rare occasions, we reserve the right to adjust delivery costs for any orders. You will be contacted and asked to accept these charges before your order is dispatched. You may cancel your order at any time prior to dispatch.
ii. Additional delivery charges may apply where a parcel has been returned unclaimed, refused or insufficiently addressed and is resent at your request.
2.7. SECURE PAYMENTS
a) We accept the following payment methods:
NLPCoaching.com Visa, Master Card, American Express, PayPal
b) We regret that we are unable to process sales on account.
c) Payment is taken at the point of dispatch, when all items in your order are confirmed as available.
d) To ensure protection of your credit card details, credit card payments are processed using a secure, third party payment gateway service run by Stripe Inc. (“Stripe”). Stripe has been audited by a PCI-certified auditor, and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available.
e) All card numbers are encrypted with AES-256. Decryption keys are stored on separate machines. None of Stripe’s internal servers and daemons are able to obtain plaintext card numbers; instead, they can just request that cards be sent to a service provider on a static whitelist. Stripe’s infrastructure for storing, decrypting, and transmitting card numbers runs in separate hosting infrastructure, and doesn’t share any credentials with Stripe’s primary services (API, website, etc.).
f) Details about our partner Stripe and the information they capture and how the service works can be found at https://stripe.com/.
g) Details about our partner, PayPal can be found at http://www.paypal.com.
h) By placing an order, you are offering to purchase items from us on and subject to the terms contained herein. The NLPCoaching.com may accept or reject this offer at its discretion at any point up until the order is dispatched. For example but not limited to, if the payment method appears fraudulent or the items are being purchased in commercial quantities. We reserve the right to cancel the Customer Account and membership.
i) In the event that a PayPal order is cancelled, the PayPal pre authorisation will be voided.
2.8. PASSWORD PROTECTED ACCOUNT
a) To shop at NLPCoaching.com you will be required to create a password protected account. If you are a returning customer, you will be required to log onto this account.
b) The password must be a minimum of eight characters, contain at least one capital letter, and one number.
c) In setting up a password protected account, you agree to accept responsibility for all activity that occurs under your account or password.
d) You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.
e) You may be held liable for losses incurred by NLPCoaching.com or any other user of or visitor to the Site due to someone else using your login ID, password or account as a result of your failing to keep your account information secure and confidential.
f) You may terminate your account at any time by contacting us.
g) You may not use anyone else’s login ID, password or account at any time without the express permission and consent of the holder of that Login ID, password or account. NLPCoaching.com cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
2.9. RETURNS, REFUNDS & EXCHANGES
a) U.S./Australian Deliveries/Returns.
i. We will refund, credit or exchange products in original sellable condition on presentation of the NLPCoaching.com receipt and the return of the product.
ii. Please contact us on + Australian Office on +61 2 9221 9221 or our U.S. Office on +1 (888) 440 4823; or email [email protected] within 7 days of receipt of your order, to advise of faulty, incorrect or omitted items and to arrange a replacement or refund prior to posting your return, no goods shall be refunded, credited or exchanged without prior agreement between the recipient and/or customer and us.
iii. Delivery and packaging charges are not refundable for change of mind refund. Additional delivery charges will apply for exchanges.
iv. Where the original payment was made by bank transfer/cash, please allow up to 21 business days for refunds to be processed.
b) International Deliveries / Returns.
i. Please contact us prior to returning goods to TJC office as no goods shall be refunded without prior agreement between the recipient and/or customer and us.
ii. Where we have made an error on an international order, you will be asked to return the items at your own expense, to be reimbursed with a mutually agreed postage charge, after the arrival of the goods at our Fulfilment Centre, and presentation of a receipt showing the postage amount.
3. FEEDBACK
3.1. We welcome feedback and attend to all feedback and complaints promptly. For your own protection and security, please do not send your credit card details via a webform or email communication.
3.2. You are invited to provide product reviews to assist other customers in their purchasing decisions. Product reviews will be moderated prior to publishing and may be edited or removed as per the NLPCoaching.com Terms and Conditions.
4. PRIVACY
Our privacy policy, which sets out how we will use your information, can be found at http://www.nlpcoaching.com/privacy-policy/. By using this NLPCoaching.com, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.
5. INTELLECTUAL PROPERTY
5.1. COPYRIGHT NOTICE
You agree that the NLPCoaching.com, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement NLPCoaching.com, contains proprietary information and material that is owned by TJC and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the NLPCoaching.com in compliance with this Agreement. No portion of the NLPCoaching.com may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the NLPCoaching.com in any manner, and you shall not exploit the NLPCoaching.com in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, TJC and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the NLPCoaching.com at any time without notice. In no event will TJC be liable for making these changes. TJC may also impose limits on the use of or access to certain features or portions of the NLPCoaching.com, in any case and without notice or liability.
All copyrights in and to the NLPCoaching.com (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by TJC and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE NLPCoaching.com, EXCEPT FOR USE OF THE NLPCOACHING.COM AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
5.2. NOTICE OF TRADEMARK
The Tad James Company, the TJC logo and other TJC trademarks such as Time Line Therapy®, Creating Your Future®, Secret of Creating Your Future®, FasTrak™ service marks, graphics, and logos used in connection with the NLPCoaching.com are trademarks or registered trademarks of TJC and Dr. Tad James in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the NLPCoaching.com may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Time Line Therapy®, Secret of Creating Your Future®, and Creating Your Future® are registered trademarks of the Tad James Company and Dr. Tad James in the U.S. and/or other countries. These trademarks may not be used without the prior specific, written permission of the Tad James Company.
6. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
TJC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE NLPCOACHING.COM WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME TJC MAY REMOVE THE NLPCOACHING.COM FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE NLPCOACHING.COM AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE NLPCOACHING.COM IS AT YOUR SOLE RISK. THE NLPCOACHING.COM AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE NLPCOACHING.COM ARE (EXCEPT AS EXPRESSLY STATED BY TJC) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL TJC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE NLPCOACHING.COM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE NLPCOACHING.COM, 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 ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NLPCOACHING.COM, 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, TJC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
TJC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE NLPCOACHING.COM, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TJC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
TJC DOES NOT REPRESENT OR GUARANTEE THAT THE NLPCOACHING.COM WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TJC DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY NLPCOACHING.COM PRODUCTS PURCHASED, ACQUIRED OR RENTED FROM THE NLPCOACHING.COM.
WAIVER AND INDEMNITY
BY USING THE NLPCOACHING.COM, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD TJC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE NLPCOACHING.COM, OR ANY ACTION TAKEN BY TJC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM TJC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE NLPCOACHING.COM, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TJC’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION TJC TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
7. TERMINATION
7.1. If you fail, or TJC suspects that you have failed, to comply with any of the provisions of this Agreement, TJC, at its sole discretion, without notice to you may:
a) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or
b) terminate the license to the software; and/or
c) preclude access to the NLPCoaching.com (or any part thereof).
7.2. TJC reserves the right to modify, suspend, or discontinue the NLPCoaching.com (or any part or content thereof) at any time with or without notice to you, and TJC will not be liable to you or to any third party should it exercise such rights.
8. MISCELLANEOUS
This Agreement constitutes the entire agreement between you and TJC and governs your use of the NLPCoaching.com, superseding any prior agreements between you and TJC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. TJC’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. TJC will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The NLPCoaching.com is operated by TJC from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the NLPCoaching.com. All transactions on the NLPCoaching.com are governed by Nevada law, without giving effect to its conflict of law provisions. Your use of the NLPCoaching.com may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with TJC or relating in any way to your use of the NLPCoaching.com resides in the courts in the State of Nevada. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Nevada upon electronic transmission to the recipient. No TJC employee or agent has the authority to vary this Agreement.
TJC may notify you with respect to the NLPCoaching.com by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the NLPCoaching.com. Notices shall become effective immediately.
TJC reserves the right to take steps TJC believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that TJC has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as TJC believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to TJC’s right to cooperate with any legal process relating to your use of the NLPCoaching.com and/or Products, and/or a third-party claim that your use of the NLPCoaching.com and/or Products is unlawful and/or infringes such third party’s rights).
Last Updated: December 10, 2015
