Terms And Conditions Of Use

Introduction and Consent to Terms.

Welcome to Galen Schneider, a Sole Proprietorship organized and operating under the laws of the state of North Carolina aka Nifty Marketing, LLC’s (referred to herein as “Nifty Marketing, LLC”, “we”, “us”, or “our”) Terms and Conditions of Use (herein the “Terms”).

If you do not agree to these Terms, we ask that you please do not use our Website (as defined below) or purchase one of our service offerings, which can be found on our Website (each, referred to herein as a “Service Offering” or plural the “Service Offerings”).

Using our Website or purchasing one of our Service Offerings constitutes explicit acceptance of these Terms. By agreeing to these Terms, you agree that you have read these Terms in their entirety and understand the inclusions detailed herein.

These Terms apply to all users of our website, http://Nifty Marketing, LLC.com/ (our “Website”), our mobile website, our social media accounts, and other platforms owned, operated, or managed by Nifty Marketing, LLC, now in effect or hereinafter created (referred to collectively as our “Platform”).

If you are using our Website or purchasing our Service Offerings on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such party’s behalf and that such entity agrees to be responsible to us if you or that entity violates these Terms.

We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to these Terms. Any modification to these Terms will be notated at the top of these Terms.

Financial and Earnings Disclaimer.

• Financial Disclaimer:

  By using our Website or purchasing one of our Service Offerings, you hereby acknowledge and agree that (a) Nifty Marketing, LLC is not a licensed financial entity; (b) Nifty Marketing, LLC is not in the business of providing financial, legal, tax, accounting, or investment advice or services; and (c) all information conveyed by Nifty Marketing, LLC is provided for general informational purposes only.

  If you are looking for financial, tax, or other professional advice, we recommend that you speak with a licensed financial professional.

• Earnings Disclaimer

  Unless otherwise agreed to in writing with Nifty Marketing, LLC, Nifty Marketing, LLC makes no assurances, representations, or promises regarding future earnings or income, or that you will make any specific amount of money or any money at all as a result of purchasing one or more of our Service Offerings.

  Examples of earnings or income represent estimates of what you may earn and are based on past results with past clients. Prior success or past results are not an indication of your future success or results.

  Statements or examples of actual earnings on our Website or that are transmitted to you by Nifty Marketing, LLC are true and correct to our best belief and knowledge. We may use examples from some of our best achieving clients, so the results you see on our Website, our marketing or advertisement efforts, or are otherwise transmitted to you may not be typical.

  Past examples of earnings are not promises or guarantees of earnings or income.

  Unless Otherwise Agreed To In Writing With Nifty Marketing, LLC, We Do Not And Cannot Guarantee Any Specific Or Minimum Results From Your Use Of Our Service Offerings. While We Have A Track Record Of Assisting Various Clients, The Underlying Success Of Our Clients Ultimately Depends On Many Factors Outside Of Our Control. No Amount Of Compensation Paid By You Is Tied To A Result Of Using Our Service Offering(s).

Use of Information on our Website and our Newsletter.

All Information Provided To You On Our Website, Prior To Your Purchase Of One Of Our Service Offerings, Or Through Our Newsletter Is Provided To You ‘as Is’ And, To The Extent Permitted By Applicable Law, Nifty Marketing, LLC And Our Owners, Employees, Agents, And Representatives Exclude All Representations Or Warranties Of Any Kind, Express Or Implied Including, But Not Limited To, Implied Warranties Of Merchantability, Satisfactory Quality, And Fitness For A Particular Purpose.

All Information Provided To You On Our Website, Prior To Your Purchase Of One Of Our Service Offerings, Or Through Our Newsletter Is Provided For General Informational Purposes Only And Is Not Tailored Advice For You, Your Company, Or Your Specific Situation.

We Expressly Disclaim Any Liability For Loss Or Damage Sustained By You As A Result Of Using Any Information Provided To You On Our Website, Prior To Your Purchase Of One Of Our Service Offerings, Or Through Our Newsletter.

Service Offerings and Pricing.

Our Service Offerings are described on our Website. All prices shown for our Service Offerings are shown in U.S. Dollars.

Nifty Marketing, LLC reserves the right to change prices or our Service Offerings at any time, with or without notice.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, at any time.

Nifty Marketing, LLC Intellectual Property.

Please be advised that if you transfer, sell, or commercialize any of the content on our Website in any manner, this constitutes copyright infringement.

The contents of our Website and any other content and materials provided to you, are protected by United States and international copyright laws. These materials and other content are owned exclusively by Nifty Marketing, LLC or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Nifty Marketing, LLC.

Nifty Marketing, LLC and its name, logos, slogans, or otherwise are trademarks or service marks (“Marks”) of Nifty Marketing, LLC. All rights in these Marks are reserved by Nifty Marketing, LLC. You may not use any Nifty Marketing, LLC-provided Marks or other logos or graphics, without our prior written consent.

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of our Website. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license, or download these materials except in connection with the use of our Service Offerings or exploring our Service Offerings; or (b) modify, reverse engineer or create any derivative works based upon any of our content or materials.

Any unauthorized use by you of our content or materials will give us the right to terminate your access to our Website immediately.

Consent and Opt-In to Receive Electronic Communications.

By providing Nifty Marketing, LLC with your email or other contact information, you explicitly consent to receive electronic communications from Nifty Marketing, LLC.

We may also send you promotional communications via email including but not limited to deals, offers, and specials on other Service Offerings we offer. If at any time you do not wish to receive these promotional communications, you can opt out by contacting us at any of the methods listed on our website, including email, or text.

Use of our Website and Use Guidelines.

You are prohibited from using our Website:

• for any unlawful purpose;

• to solicit others to perform or participate in any unlawful acts;

• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; or

• for any obscene or immoral purpose.

We reserve the right to terminate your use of our Services for violating any of these use guidelines

Third-Party Websites.

Our Website or some part of our Service Offerings may contain links to third-party websites or services that are not owned or controlled by us. Nifty Marketing, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or business practices of any third-party companies or persons. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

By using our Website or purchasing our Service Offerings, you expressly waive Nifty Marketing, LLC, our employees, agents, owners, and principals from all liability arising from your use of any content, plans, or services provided by third-parties.

You Agree That Nifty Marketing, LLC Will Not, Under Any Circumstances, Be Responsible Or Liable, Directly Or Indirectly, For Any Harm Related Thereto, Or For Any Damages Or Loss Caused Or Alleged To Be Caused By Or In Connection With Your Use Or Reliance On The Website Of A Third-party Or The Services Of A Third-party.

Data Security.

Nifty Marketing, LLC will maintain and enforce information and data privacy and security procedures with respect to its access, use and storage of all Data (as defined below) that (a) are at least equal to industry standards, and (b) comply with applicable federal, state, and local laws. For purposes of these Terms, “Data” means all data, content, materials, and other information provided by users of our Website.

Nifty Marketing, LLC will promptly report any breaches of security or unauthorized access to Nifty Marketing, LLC systems that Nifty Marketing, LLC detects or becomes aware of. Nifty Marketing, LLC will use diligent efforts to remedy such breach of security or unauthorized access in a timely manner.

Client understands and acknowledges that no security system is impenetrable and subject to Nifty Marketing, LLC’s negligence, Nifty Marketing, LLC shall have no liability for a security breach involving the Data.

General Disclaimer.

Our Website Is Provided ‘as Is’ And, To The Extent Permitted By Applicable Law, Nifty Marketing, LLC And Its Owners, Directors, Officers, Employees, Agents, And Representatives Exclude All Representations Or Warranties Of Any Kind,

Express Or Implied Including, But Not Limited To, Implied Warranties Of Merchantability, Satisfactory Quality, And Fitness For A Particular Purpose.

We Expressly Disclaim Any Liability For Loss Or Damage Sustained By You As A Result Of Using Our Website.

Limitation of Liability.

We Shall Not Be Liable To You For Indirect, Incidental, Special Or Consequential Damages, Including Lost Profits, Even If We Were Advised Of The Possibility Of Such Damages, Nor Shall We Be Held Liable For Delay Or Failure In Performance Resulting From Causes Beyond Our Reasonable Control.

We Do Not And Cannot Guarantee Perfect Availability Of Our Website. While We Try To Keep Our Website Up At All Times, There May Be Some Irregular Periods Of Inaccessability Due To Updates, Bugs, Crashes, Or Otherwise. You Acknowledge And Agree That We Shall Not Be Liable To You Or Any Third-parties, In Any Manner, Due To An Interruption In Availability Of Our Website.

You Agree That No Claims Or Action In Contract, Warranty, Or In Tort (including Negligence) Arising Out Of, Or Related To, The Use Of These Terms Or Our Website May Be Brought More Than One (1) Year After The Cause Of Action Relating To Such Claim Or Action Arose.

Indemnification.

You agree to defend, indemnify, and hold Nifty Marketing, LLC, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any claim, action, or demand arising from (i) your misuse of our Website; (ii) your breach of these Terms; or (iii) your breach of applicable law.

Your Content.

If you send submissions of any kind, with or without a request from us, including ideas, suggestions, or other materials related to our Service Offerings (“Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, and otherwise use in any medium any Submissions that you forward to us.

We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation to you for any Submissions; or (3) to respond to any Submissions.

By you submitting Submissions to us, you hereby transfer and assign any claim to any rights that you may have had in those Submissions and do so with full acknowledgment of the same. You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. We take no responsibility and assume no liability for any Submissions submitted by you.

FTC Disclosures and Testimonials.

On our Website, we may use testimonials or reviews from persons or entities that have received a financial benefit of some kind, whether free Service Offering(s), discounts, or otherwise. We also may use financial benefits to generate testimonials or reviews.

While some of the testimonials or reviews may be from persons with a financial interest in providing said testimonials or reviews, all testimonials or reviews are true and correct to our best belief and knowledge. Testimonials or reviews may be selected based on quality and how they make our Service Offering(s) appear.

General Provisions.

Entire Agreement. These Terms contains the entire agreement between you and Nifty Marketing, LLC concerning the matters set forth herein.

Waiver. The failure by Nifty Marketing, LLC to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.

Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without Nifty Marketing, LLC’s prior written consent.

Relationship. Nothing in These Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and Nifty Marketing, LLC.

Force Majeure. Nifty Marketing, LLC shall not be liable nor responsible for a failure to perform if it is prevented in performing those obligations or performance would be impracticable as a result of a Force Majeure. “Force Majeure” means acts of God, acts of the public enemy, wars, blockades, insurrections, riots, storms, floods, fires, washouts, power outages, theft, arrests, the order of any court or governmental authority, civil disturbances, explosions, and any other causes whether of the kind that are not foreseeable or are outside the reasonable control of Nifty Marketing, LLC.

Applicable Law/Dispute Resolution. These Terms shall be governed by the laws of the State of North Carolina. Except for non-payment by you, any dispute arising from these Terms shall be subject to binding arbitration in Raleigh, North Carolina. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division. Nifty Marketing, LLC and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located.

Class Action Waiver. To the extent permitted by applicable law, you and Nifty Marketing, LLC agree that any dispute arising out of these Terms or the Service Offering(s) is personal to you and Nifty Marketing, LLC and that any disputes, if any, will be resolved solely through individual arbitration (except for non-payment by you) and will not be brought as a class arbitration, class action or any other type of similar proceeding.

Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of these Terms are invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Questions

If you have any questions or comments regarding these Terms, please feel free to contact us by email at hello@nifty.marketing.