These terms and conditions act as a contractual agreement (“Agreement”) between you and Nic’s Beverly Hills, LLC (“Nic’s Beverly Hills, LLC”, “us”, “we”, “our”), and applies to your use of nicsbeverlyhills.com (“Site”) as well as the purchase and use of packages and services available through the Site. If you do not agree to be bound by the terms of this Agreement as detailed herein, please do not use or access the website. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
By agreeing to these Terms & Conditions, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class action lawsuit filed against us. Learn more below in Section 13.
- Job Resource Packages. You may purchase job resource packages (“Package(s)”) from us as detailed here, with said terms and conditions are incorporated into this Agreement by reference.
- Refunds. All packages are provided with a 100%, no questions asked, 30-Day Money Back Guarantee under which you may receive a refund for any reason within 30 days of the date of purchase.
- Intellectual Property. Should you purchase a Package in which you are provided with customized materials such as resumes, you are granted a license to use the materials for your personal use but are prohibited from selling, renting, sharing, creating derivative works from, giving away, or otherwise using the materials for any purpose other than obtaining employment for yourself.
- No Guarantees. You understand and agree that we are providing no guarantee or warranty that any or all of the Packages will provide you with employment as an architect or any position of employment you are seeking related to architecture. While our Packages were created to improve your chances of employment, a variety of factors beyond our control including, but not limited to, your experience and the current job market, determine whether employment can be arranged. Testimonials on the Site are not a guarantee you will achieve similar results.
- LICENSE. We grant you a non-exclusive, non-sub licensable, non-transferable license and right to use and access the Site and any Packages or the Service you purchase. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any Site information or Packages or Service materials without our express consent. You further understand no ownership rights in this Site, the Packages or Service are being granted to you.
- NO AFFILIATION OR ENDORSEMENT. Nic’s Beverly Hills, LLC is in no way affiliated with or endorsed by any state or national licensing board or group. Any reference to such entities is undertaken on a fair use basis.
- PROHIBITIONS. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, Packages, or Service. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
- VIOLATIONS. If you materially breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site, Packages, or Service. We reserve the right to seek all remedies available by law and in equity for such breaches.
- NO WARRANTIES. THE ARCHITECT’S GUIDE HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AND PACKAGES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND PACKAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND PACKAGES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR PACKAGES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR PACKAGES WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. NIC’S BEVERLY HILLS, LLC DISCLAIMS ANY AND ALL LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, PACKAGES, SERVICES, OR THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, LIABILITY ASSOCIATED WITH YOUR INABILITY TO OBTAIN EMPLOYMENT, LOST EARNINGS, OR EMOTIONAL DISTRESS. THIS LIMITATION SHALL NOT APPLY TO INTENTIONAL OR GROSS NEGLIGENCE ON OUR PART. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, PACKAGES, OR SERVICE, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THREE TIMES THE FEE YOU PAY FOR THE PACKAGE OR SERVICE IN QUESTION UPON WHICH YOUR CLAIM IS BASED. SHOULD THE CLAIM INVOLVE MULTIPLE PURCHASES, LIABILITY SHALL NOT EXCEED THREE TIMES THE MOST EXPENSIVE PURCHASE MADE BY YOU PRIOR TO THE CLAIM. SHOULD THE CLAIM ARISE FROM INFORMATION ON THE SITE AND NOT A PACKAGE OR SERVICE, OUR MAXIMUM LIABILITY SHALL BE $1,000.
- EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.
- TERMINATION. We reserve the right to no longer make available all or part of the Site, Packages, or Service at any time in our sole discretion.
- USER-GENERATED CONTENT. We allow you to post to certain areas of the Site. We are under no obligation to review any messages, information, or content (“User-Generated Content”) posted on the Site by users and assume no responsibility or liability relating to any such postings. Notwithstanding the above, users are forbidden from posting the following:
* Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
* Advertisements or solicitations of any kind.
* Messages posted by users impersonating others.
* Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
* Messages by non-spokesperson individuals purporting to speak on behalf of us.
* Messages that offer unauthorized download of any copyrighted or private information.
* Multiple messages placed within individual folders by the same user restating the same point.
* Chain letters of any kind.
- ARBITRATION AGREEMENT. In entering this Agreement, you agree to resolve any claim that you may have against Nic’s Beverly Hills, LLC on an individual basis in arbitration, as outlined in this Arbitration Agreement section (“Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against Nic’s Beverly Hills, LLC, and also prevent you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Nic’s Beverly Hills, LLC by someone else.
- Agreement to Binding Arbitration Between You and Nic’s Beverly Hills, LLC. You and Nic’s Beverly Hills, LLC agree that any dispute, claim or controversy arising out of or relating to (i) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) the Site, Packages, or Service will be settled by binding arbitration between you and Nic’s Beverly Hills, LLC, and not in a court of law.
You acknowledge and agree that you and Nic’s Beverly Hills, LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Nic’s Beverly Hills, LLC otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Nic’s Beverly Hills, LLC each retain the right to bring an individual action in small claims court where the damages claimed in the matter are less than $10,000 should either party so choose. Both parties shall also have the right to seek a permanent or temporary restraining order against the other in a court of law where the intellectual property of one party is at risk of immediate infringement or contested use.
- Right To Opt-Out. We are providing you with the right to opt-out of this Arbitration Agreement by notifying us in writing within 30 days of the event you believe gives rise to a legal claim or the purchase of a Package or Service, whichever occurs first. To opt-out, just contact us using the Contact page on this Site and indicate your desire to opt out.
- Rules and Governing Law. The arbitration will be administered by JAMS. The parties agree that a JAMS arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitration issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration.
Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant to it. It is the intent of the parties that the FAA and JAMS rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of California and the parties expressly agree the venue of any action shall be in Superior Court in San Francisco County, California or the United States District Court, Northern District of California located in San Francisco, California, as appropriate for the particular claims asserted.
- Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. We hereby consent to receive such notifications via the Contact page on the Site. The Arbitrator shall be either (1) a retired judge or (2) an attorney specially licensed to practice law in the State of California and will be selected by the parties from the appropriate JAMS’ roster of arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the Arbitrator.
- Location and Procedure. Unless you and Nic’s Beverly Hills, LLC otherwise agree in writing, the arbitration will be conducted in San Francisco, California. Subject to JAMS rules and procedures, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- The Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the JAMS rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only for the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The parties shall bear their own attorneys fees associated with the arbitration proceeding.
- Costs. The parties shall each be responsible for paying one-half of the costs associated with the arbitration proceeding including, but not limited to, the Arbitrator’s fee.
- Changes. If Nic’s Beverly Hills, LLC changes this Arbitration Agreement after the date you first agreed to this Agreement (or to any subsequent changes), you may reject any such change by providing Nic’s Beverly Hills, LLC written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided in a message sent to us via the Contact page on the Site. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you agree that you will arbitrate any dispute between you and Nic’s Beverly Hills, LLC in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to this Agreement (or to any subsequent changes to the Terms).
- Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms and conditions; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must, therefore, proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
- Should a court of competent jurisdiction or arbitrator rule this arbitration clause invalid, the parties agree this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law. The parties further agree the choice of forum and venue for litigating any disputes shall be either the Superior Court in San Francisco County, California or the United States District Court, Northern District of California located in San Francisco, California, as appropriate for the particular claims asserted.
- COMMUNICATION. When you contact us, sign up for our newsletter, or make a purchase, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
- USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you grant Nic’s Beverly Hills, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with the Internet business of Nic’s Beverly Hills, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
- AFFILIATED SITES. Nic’s Beverly Hills, LLC has no control over and assumes no liability for any third party websites or materials. Nic’s Beverly Hills, LLC works with a number of partners and affiliates whose Internet sites may be linked within the Site. Because Nic’s Beverly Hills, LLC has no control over the content and performance of these partner and affiliate sites, Nic’s Beverly Hills, LLC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Nic’s Beverly Hills, LLC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
- PROHIBITED USES. Nic’s Beverly Hills, LLC imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Nic’s Beverly Hills, LLC; or (f) automatically or manually scraping or copying the content from the Site or a Product without our consent. Any violation may subject you to civil and/or criminal liability.
- INDEMNITY. You agree to indemnify, defend, and hold harmless Nic’s Beverly Hills, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, Packages, the Service, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Nic’s Beverly Hills, LLC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos of Nic’s Beverly Hills, LLC or by any third party.
- MODIFICATIONS. Nic’s Beverly Hills, LLC may, in its sole discretion, modify or amend this Agreement at any time. Nic’s Beverly Hills, LLC shall post notice of any such changes on the Site in an area available to you before logging into the member area and shall email you notice of such changes. Your decision to continue to use the Site upon such notice shall constitute your acceptance of any amendments to this document. You may choose to reject the amendments by terminating your use of the Site.
Please contact us if you have any questions regarding this agreement.