The materials on Nicci Palmer’s website are provided “as is”. Nicci Palmer makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties (excluding the money-back guarantee), including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Nicci Palmer does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
The user of these Nicci Palmer products, hereby referred to as Nicci Palmer products, agrees that these products are designed solely for self- improvement, learning, aid in motivation, relaxation, and experimentation. These applications are not intended as a replacement for medical or psychological treatment. No medical claims are intended, express or implied.
These applications are not to be used while under the influence of alcohol or other mood altering substances, whether they are legal or illegal.
The user of Nicci Palmer services assumes all risks in using Nicci Palmer products and services, waiving any claims against Nicci Palmer and its affiliates for any and all mental or physical injuries. The user also agrees to assume liabilities when allowing other persons access to Nicci Palmer products.
In no case will Nicci Palmer or other distributors of Nicci Palmer products be liable for chance, accidental, special, direct or indirect damages resulting from use, misuse or defect of its technology, instructions or documentation.
The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved (other than a request for injunctive relief) shall be subject to arbitration upon written demand of either party. Arbitration shall take place within forty-five days of the receipt of the written demand, in Sydney, Australia or at another location (or in whole or in part by phone or other means) if the parties so agree. The arbitration shall take place before an arbitrator chosen as follows: The parties shall each choose a representative, and the representatives shall choose an arbitrator. The arbitrator shall schedule an informal proceeding, hear the arguments, and decide the matter. Each party shall pay half the costs of the arbitration proceeding. The arbitrator shall not have the authority to award punitive damages or any other form of relief not contemplated in this Agreement. Regarding each issue submitted to arbitration, the decision shall be accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof.