Terms and Conditions
Effective/Updated as of July 25, 2025

Introduction

The Nico’l Kozmits (website) offers nicolkozmits.com and related products and services (collectively the “Site”) to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

The content available on the Site is intended to be used by residents of the United States only.

The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. By using, viewing, transmitting, caching, storing, and/or otherwise utilizing the Site, you have agreed to and are legally bound by the Terms. If you do not agree to the Terms, please cease using the site immediately.


Modification of These Terms

At our sole discretion, we reserve the right to change, modify, add, or remove the Terms, conditions, and notices under which the Site is offered. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this Site following the effective date of changes to these Terms or other policies means you accept and consent to the changes.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, conditions, and notices.

• You will comply with all applicable laws, including, but not limited to, privacy laws, intellectual property laws, export control laws, regulatory requirements, etc.

• You will use the Site in a professional manner, and you may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

• You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

• You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information contained therein without our prior express written consent.

• You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site.

• The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

• You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Site without our prior express written consent or that of the appropriate third party.

• You may not print, download, and/or use the underlying HTML, text, audio clips, video clips, and other content that is made available to you on this Site for anything other than your personal information. These restrictions will apply except in cases where the Company otherwise agrees in writing through Nico’l Kozmits. Please see the section on Copyright below.

• Without limiting the generality of the foregoing, you may not:

  • include such content in or with any product or service that you create or distribute;

  • reproduce, duplicate, copy, sell, rent, resell, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;

  • establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company;

  • copy such content onto your or any other Web site or publication; or

  • direct any other person to do any of the foregoing.

In the event you gain access to information or material not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession and not forward such information to any third parties. For this notice, we may be contacted at nicol.kozmits@nicolkozmits.com.

EMAIL COMMUNICATIONS

Email communication is not secure, and there is no guarantee that an email will be delivered within a reasonable time, or at all. We advise you to contact us by telephone at 207-752-1926 with any information that must reach us by certain deadlines.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

• Conduct or forward surveys, contests, pyramid schemes, or chain letters.

• Download and/or distribute any file posted by another user of the Communication Services that you know, or reasonably should know, cannot be legally distributed in such a manner.

• Falsify or delete any author attributions, legal, or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including email addresses, without their consent.

• Violate any applicable laws or regulations.

Please note that we have no obligation to monitor the Communication Services. However, we reserve the right in our sole discretion to review all activity and materials related to the Communication Services and to stop the activity and remove any materials at any time, for any reason, without notice to you. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion. We shall not be liable to you for any loss you may incur as a result of our taking any action relating to removal, editing, or disclosure to regulatory bodies or law enforcement, nor for the actions or inactions of other users, including anything contained in your or any third party’s contributions. You agree to indemnify us for any cost, expenses, damages, or liabilities we incur due to your use of the Site or otherwise relating to any of your contributions.

Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. The Company does not control or endorse the content, messages, or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Nico’l Kozmits Code of Conduct Requirements

As a member of the Nico’l Kozmits community and/or as a 1-1 Emotion Code, Body Code, and/or coaching client, you are required to be a good Community member and abide by the following:

• Be respectful and courteous to all other Community members and all coaches, instructors, and employees of Nico’l Kozmits.

• Do not use abusive, derogatory, threatening, or discriminatory language, either directly or indirectly.

• Do not discriminate against or harass on the basis of any legally protected classification, including, but not limited to race, gender, age, disability, national origin, religion, sexual orientation, or gender identity.

• Do not retaliate for any reason.

• Do not sexually harass or make improper advances.

• Do not hang up abruptly on others when you are on a live call of any kind.

• Do not use your coaching sessions to complain about coaches, instructors, and employees of Nico’l Kozmits or other Community members.

• Do not directly contact any coach or employee of Nico’l Kozmits for any reason. Customer Support requests or issues should be directed to nicol.kozmits@nicolkozmits.com.

Information Provided to Nico’l Kozmits or Posted on the Site

Other than personal information that you may submit in order to submit an employment application through the Site, we do not claim ownership of the materials or information you provide to us (including feedback and suggestions) or post, upload, input, or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting us, our affiliated companies, and necessary sub-licensees, permission to use your Submission in connection with the operation of the Site and its businesses, including, without limitation, the rights to: utilize, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission, except to the extent prohibited by law. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Without limitation of the foregoing, we shall be entitled to unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions. All personal information provided to this Site will be handled in accordance with the Site’s online Privacy Policy, the provisions of which are incorporated into the Terms. We are under no obligation to post or use any Submission you may provide and may in our sole discretion remove any Submission at any time, for any reason, without notice to you.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

In the course of using the Site, you may submit your personal data and/or the personal data of others. It is your responsibility to ensure this information is accurate and up to date.

Links to Third Party Sites and Offerings

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. By providing these links, we do not endorse, sponsor, or recommend such sites or the materials disseminated by or services provided by them, and we are not responsible for the materials, services, or other situations at or related to or from any other site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. We reserve the right to disable links from any third-party sites to the Site.

Please exercise discretion while browsing the internet and using the Site. You should be aware that when you are using the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you “click” on a banner advertisement or a search result, the “click” may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.

The Company cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on the Site. The Company is not involved in the actual transaction between buyers and suppliers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. As a result, we have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will complete a transaction. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Links to Third-Party Integrations

We may provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with our Site to provide you with additional functionality, tools, or services such as processing payments, sending newsletters, or providing translations.

You acknowledge and agree we are not responsible for the availability of such sites or resources and do not endorse and are not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by such sites or resources.

We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any of the personal information that you provide or is collected by such sites. We encourage you to review the privacy policies and terms and conditions on those Linked Sites.

Information Collected by Third Parties

We may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with our Site. Our Site does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. For additional information, please see our Privacy Policy.

Electronic Communications Privacy Act Notice (18 U.S.C. §§2701-2711)

We make no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. We will not be liable for the privacy of the information, email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the site, or otherwise connected with your use of the Site.

Right to Refuse Service

We may prohibit you from participating in or utilizing the Site if, in our sole and absolute discretion, you show a disregard for the Terms or act unacceptably, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate your access, remove or edit content, or cancel orders in our sole and absolute discretion.

Access Restriction

Access to parts of the Site may be restricted to authorized persons. If you believe you have been granted access to any document or file by mistake, please exit the restricted section immediately and contact us as soon as possible.

Parts of the Site incorporate encryption technology, but even if there is encryption technology in place, we cannot guarantee that unauthorized individuals will not be able to access confidential information hosted on or downloaded from the Site.

The documents and files hosted on restricted parts of the Site are confidential. You must not distribute the documents and files hosted in these areas except to persons authorized to read them. If you believe that you may have been granted access to a document or file by mistake, you must not download it, copy it, use it for any purpose, or disclose its contents to any other person.

Information Provided by Other Users

We do not control the information provided by other users, which is made available through the Site. You may find another user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with people acting under false pretenses.

Technical Inaccuracies

The Site may contain technical inaccuracies, typographical errors, or omissions. We are not responsible for any typographical, photographic, technical, or pricing errors listed on our Site. We reserve the right to make changes, corrections, and/or improvements to the Site, and the products and programs described in such information, at any time without notice as described above in Modification of These Terms.

Disclaimers

The Site and the materials located on or through the Site are provided by us for informational and educational purposes only, with the understanding that we are by the provision of these materials not engaged in rendering legal, financial, or other professional advice or service. We make no representation or warranty, and disclaim any and all responsibility or liability, for the suitability, timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, or availability of information, materials, software, products, and services included in or available on or through the Site for any purpose.

The information and materials on this Site and any communications sent to you via this Site or otherwise from the Company (including, without limitation, newsletters, electronic mail, or communication via telephone) should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information. ANY RELIANCE ON THE INFORMATION OR MATERIAL ON THIS SITE IS AT YOUR OWN RISK. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, PROFESSIONAL, CAREER, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

The Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

To the maximum extent permitted by applicable law, all such information, materials, software, products, and services are provided “as is” and “as available” without warranty or condition of any kind.

To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility, or arising from course of dealing or course of performance.

You understand and agree that any material downloaded or otherwise obtained through the use of the Site is done so at your own discretion and risk and that you will be solely responsible for any claims, including, without limitation, any damages to your computer system or loss of data, that results from downloading or otherwise obtaining such material.

Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.

Limitation of Liability

Except as expressly provided otherwise herein or in an applicable supplemental agreement, in no event shall the Company, any of the Company’s affiliates, subsidiaries or data providers, or anyone else involved in creating, producing, delivering, or managing the content of this site (collectively, the “Site Providers”), be liable to you or any third party for any claims whatsoever, including, without limitation, direct, indirect, special, incidental, punitive, or consequential damages (including, without limitation, any lost revenues, lost profits, lost opportunities, loss of prospective economic advantage) arising out of or in connection with the use or performance of this Site, any communications sent to you via this Site or otherwise from the Company (including, without limitation, in the form of electronic mail or via telephone), or information available from this Site including, without limitation, any damages suffered as a result of errors, omissions, inaccuracies, interruptions, defects, delays, computer viruses, loss of use, data or profits, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or from any actions we take or fail to take as a result of email messages or other communications you send us, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its Site Providers has been advised of the possibility of damages. Without limiting the foregoing, the Site Providers assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the content of this site.

Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and, as a result, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.

You also agree that we are not responsible or liable in any way for injury, loss, or damage to your computer or interception or use of credit card information, related to or resulting from the use of the Site or any sites, services, or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim, or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.

Indemnification

You agree to indemnify, defend, and hold harmless the Company; its affiliates, licensees and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third-party service providers of the Site (“Indemnified Parties”) from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties, or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising or resulting in any way from any violation of these Terms or the services provided to you as part of the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the Company or any agent or employee of Indemnified Parties (except as and to the extent prohibited by applicable law) including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. Without limiting the foregoing, if you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you

Online Commerce, Payments, Disclaimers

DISCLAIMER

Nico’l Kozmits cannot guarantee your results, nor can we provide you with professional and/or legal advice. Your results in your personal and professional life will be completely dependent on your understanding of the sessions and your own work and efforts to apply it. By signing up for our Emotion Code and/or Body Code Sessions, Product, or Service, you acknowledge and agree that Nico’l Kozmits is not responsible for your results achieved as a result of our Sessions, Product, or Service and is not responsible for giving you professional and/or legal advice.

While Nico’l Kozmits can’t guarantee any specific results, and published testimonials do not constitute a warranty or prediction regarding the outcome of any individual using the Emotion Code or the Body Code for any specific issue or problem, they represent what others have reported experiencing. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire, motivation, and other factors.

Emotion Code & Body Code Sessions

nicol.kozmits@nicol.kozmits.com

Participation. To participate in any Emotion Code or Body Code Session(s), you agree to the following Practitioner/Coaching Agreement:

The Client understands and agrees to each of the following provisions:

A) I hereby employ, Nico’l Kozmits, as my “Practitioner/Coach” for the purpose of partnering with me to identify my personal, educational, and/or professional goals, to help me remove trapped emotions,  imbalances in the body, mind, and soul, barriers to personal and professional development; to be available for brainstorming and role-playing, to listen objectively and supply objective feedback and ideas.

B) I understand and agree that the Practioner/Coach is not an “employment agent,” “business manager,” “financial analyst” or “psychotherapist” and that she has not promised, shall not be obligated to, and will not:

(1) procure or attempt to procure any employment, business or sales for me,
(2) perform any legal or business management functions such as accounting services, advice on tax matters, or the investment of funds, (3) will not act as a therapist, counseling me or providing psychoanalysis, group therapy, or behavior therapy, and (4) does not provide any medical advice.

C) I further understand and agree that Practicing of the Emotion Code or Body Code Coaching Session(s), is not the same as professional or licensed therapy or a medical doctor; and that I am always free to reject any advice, suggestions, or requests made by the practitioner/coach at any time. My practitioner/coach is authorized and encouraged to be direct and unconditionally supportive with me.

D) I further understand and agree that I am to inform my Practitioner/Coach whenever I am under the care of any healer or licensed physician, therapist, or psychiatrist; and/or any time I am taking any prescriptions, mind-altering drugs,
are pregnant, or have a Heart Pacer Device that could impact our Emotion Code/Body Code/Coaching session(s), particularly when/if sessions are held in person. 

E) As part of the Practitioner/Coach’s ongoing professional development, any sessions will count towards further certification in The Belief Code, and/or other future studies. By signing this agreement, you agree to allow our sessions (not session content) to be provided to Discover Healing or similar organizations to meet requirements for further accreditation. These organizations handle all information with the highest regard toward confidentiality.

F) I understand that the Practitioner/Coach will not at any time, either directly or indirectly, use any information for the Practitioner/Coach’s benefit, disclose, or communicate in any manner information to any third party. The Practitioner/Coach will not divulge that the Practitioner/Coach and Client are in a practitioner/coaching relationship without the permission of the Client. As a Client, I understand and agree that I am fully responsible for my well-being during my coaching calls, including my choices and decisions. I am aware that I can choose to discontinue the Emotion Code or Body Code Coaching Session(s) at any time. I understand and agree that successful Emotion Code or Body Code Coaching Sessions require a personal commitment of time, money, and energy. I realize that to be effective, Emotion Code or Body Code Coaching Session(s) requires my full intention towards healing, my honesty, openness, and effort. I understand and agree that the information provided by my Coach is not medical, psychological, legal, or financial, and must not be used in place of the consultation and advice of a physician, therapist or other healthcare provider, accountant, attorney, business manager, etc. I understand and agree that the Emotion Code or Body Code Coaching Session(s) is an adjunct to, and not a replacement for, appropriate medical or therapeutic intervention, and that the Emotion Code or Body Code Coaching Session(s) is not intended to diagnose, treat, cure or prevent any problem or disability, and that professional referrals will be given if needed.

DISCLAIMER

The purchase of programs from Nico’l Kozmits does not guarantee results. Our Emotion Code or Body Code Coaching Session(s) also are not a replacement for health/medical care. If you require health, medical, psychiatric, and/or psychological care, you are advised to retain the services of a licensed medical professional. The sole purpose of the Company and its products is to provide educational materials and coaching on the subject of self-healing and/or self-coaching.

Availability of Products Outside the United States

The products and/or services described in and available through the Site may not be available in your country. We make no representation that the services or products offered on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified Company and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person’s or entities’ directors, employees, contractors, agents, licensors and suppliers (collectively, the “Indemnified Parties”) Parties may rely upon such representation.

The Site is operated from the United States, and it is possible that some software from the Site or the products and services offered on the Site may be subject to United States export controls. Products and services described on the Site and software downloaded or otherwise exported or re-exported from the Site are not intended for sale, download, or export (i) into (or to a national or resident of any country that is subject to a U.S. or U.N. embargo or sanction or to anyone on the US Treasury Department’s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department’s Table of Deny Orders. Downloading or using the software, products, or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.

Governing Law

This Agreement shall be governed by the laws of the State of Maine, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction for any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in York County, Maine.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Copyright

All Company trademarks that appear on the Site are the exclusive property of the Company. The trademarks, trade names, trade dress, logos, and associated products and services represented on this Site are protected under the laws of the United States and international law, and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress, and associated products and services. Any use of them without prior written authorization of the Company or the relevant trademark owner is strictly prohibited.

Any third-party trademarks mentioned on this Site which are not those of the Company are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.

Any unauthorized copying, redistribution, reproduction, or modification of the contents of this Site by any person may be a violation of federal, state, or common law trademark, and/or copyright laws and could subject such person to legal action. For purposes of these Terms, the use of any such material on any other Web, internet, intranet, extranet, or other site or computer environment is prohibited. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks, or other proprietary information without our prior express written consent.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or the permission of such third party that may own the Trademarks displayed on the Site.

WHAT DOES THIS MEAN?

The use of any NK logo, including the You Are Your Own Coach Podcast logo, outside of these groups or on documents created by those not working for or contracted with Nico’l Kozmits, is strictly prohibited, except that Nico’l Kozmits Practitioner/Coach is permitted to display the NK Certified Practitioner/Coach logo.

You are not licensed to resell any NK-related materials, repackage our tools in your own voice, write books teaching our tools extensively, or create apps based on the Model. You cannot rewrite our material or content and sell it as your own, nor are you authorized to sell NK-related materials or merchandise. This is copyright infringement. You may mention the Model and our tools briefly with credit. Please review applicable copyright laws to make sure that you are complying with them.

You also are not licensed to use the NK tools for any type of Practitioner/Coach Certification course. Nico’l Kozmits is the only website authorized to practice/coach and share NK tools. This prohibition is separate and distinct from, and is not applicable to, the Emotion Code and the Body Code by Dr. Bradley Nelson and Discover Healing, and/or, Master Coach Certified Advanced Trainings approved by NK.

COPYRIGHT REQUESTS

For any questions or requests, please contact us at nicol.kozmits@nicolkozmits.com.

Hyperlinks to the Site

If you are interested in creating hypertext links to this Site, you must obtain the Company’s written permission before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship, or support of this Site or the Company, including its respective employees, agents, directors, officers, and shareholders.

Electronic Signature

You represent and warrant that you have the legal right, power, and authority to agree to the Terms on behalf of yourself and the member, buyer, or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated the Terms and acknowledged and agreed that these Terms are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer, or supplier on whose behalf you are acting.

General Terms

The following general terms apply to you and your use of the Site:

MISCELLANEOUS

This Agreement shall inure to the benefit of the Company and its subsidiaries and affiliates. Any and all references in this Agreement to the Company and its affiliates shall, where the context so permits include the Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content, or third-party software on or through a link provided on the Site.

ASSIGNMENT

The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

QUESTIONS / SUPPORT:

You may contact us at nicol.kozmits@nicolkozmits.com at any time.

Media Release – Nico’l Kozmits Live, In Person, and Virtual Events

By attending/participating in a Nico’l Kozmits live, in-person, or virtual event, (the “Event”), including any live practice sessions and/or coaching calls, You hereby authorize Nico’l Kozmits to use Your name, image, and likeness, including but not limited to as may be captured in photographs, audio recordings, videos, artwork, quotes, and any other art or media in connection with the Event (the “Materials”). You hereby release Nico’l Kozmits and any affiliated or related persons or entities from any and all claims and causes of action You may have based upon Nico’l Kozmits’s use of the Materials, and grant Nico’l Kozmits permission to use, publish, exhibit, and/or reproduce the Materials in any manner and in any and all media now known or later developed, without obligation to pay You any royalty or compensation of any kind. Such rights include but are not limited to use in connection with advertising, social media, publicity, marketing, fundraising, promotional, and other commercial purposes. If You do not wish to or are not authorized to grant such rights, releases, and waivers, You should not attend the Event.


YOU CERTIFY THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THIS RELEASE AND ARE AUTHORIZED TO AND DO AGREE TO ITS TERMS. THE RIGHTS GRANTED HEREIN ARE GRANTED IN CONSIDERATION OF YOUR PARTICIPATION IN THE EVENT AND YOU ACKNOWLEDGE THAT SUCH PARTICIPATION WOULD NOT BE POSSIBLE WITHOUT THE CONSENT AND RELEASE GRANTED HEREIN.

How to Contact Us

If you have any questions regarding this Policy, your privacy, or our policies in the event of a compromise of your information, you may contact us at:
Nico’l Kozmits
Email: nicol.kozmits@nicolkozmits.com