Terms & Conditions
UPDATED OCTOBER 9TH, 2021
TERMS AND CONDITIONS AND USE AGREEMENT:
Niki D Beauty Studio LLC (AKA, Niki D, Niki D Beauty Studio, www.nikidbeautystudio.net) courses (“Course” or “Courses”) provide training and information in connection with beauty and aesthetic procedures (“Procedures”) to a wide range of individuals who utilize the Courses (“Student” or “Students”). Students include, but are not limited to, physicians, nurses, estheticians, medical aestheticians, body workers, cosmetologists, healthcare practitioners and tattoo artists. The Courses are open to the general public. Niki D Beauty Studio LLC does not pre-screen Students as to any particular Student’s background, expertise and licensing. The Procedures may be used by a wide range of providers depending upon the providers’ licensing and level of expertise. Niki D Beauty Studio LLC makes clear to the Students, and the Students understand that the Courses do not provide advice as to what Procedures Students may lawfully engage in performing. Niki D Beauty Studio LLC makes no representations nor advises its Students as to the licensing, if any, that is required to engage in the performance of the Procedures.
Niki D Beauty Studio LLC (affiliates or associates) training courses are intended to provide the general knowledge to perform procedures but is not intended to be a substitute for medical advice, diagnosis and or professional medical treatment. The information in this training course is for procedural purposes and is to be used at your own risk. By visiting this website and participating as a student it is acknowledged that you have read the agreement in full and releases Niki D Beauty Studio LLC of ALL liability.
Therefore, and based upon the foregoing, Students must research and acquaint themselves with the laws applicable to the legality of the Students’ performance of the Procedures. It is up to each Student to make sure that before any Procedure is performed by that Student, the Student is compliant with all state and federal laws, rules and regulations including but not limited to FDA regulations that govern that Student’s legal ability to perform a Procedure.
Niki D Beauty Studio LLC makes no representations and/or warranties in connections with the Courses. The Courses are not a substitute for medical advice, diagnosis or treatment. Reliance on the information in the Courses for procedural purposes is to be used at your own risk. If you have questions or concerns, contact a medical professional prior to treatment. Niki D Beauty Studio LLC is not responsible nor liable for risks involved with this procedure. Students assume the risk of and liability for any procedures performed by them.
Niki D Beauty Studio LLC is not responsible or liable for legal encounters regarding licensing, regulations, or other legal aspects pertaining to procedural operation.
Students release Niki D Beauty Studio LLC of all liability regarding the use of the Course and associated training material and/or any products or devices manufactured or sold by any other company.
Niki D Beauty Studio LLC grants Students who purchase a Course a non-exclusive, non-transferable, revocable access and use Niki D Beauty Studio LLC’s copyrighted Course and any associated materials solely for your own personal and non-commercial, non-duplicatable use (unless stated otherwise e.g., downloadable intake forms). The Courses are protected under copyright law. The copying, redistribution, use or publication by you of any of the content within our course is strictly prohibited (again, unless stated otherwise). A Student’s purchase of a Course does not grant the Student any ownership rights to our Course. Any breach in the terms of this Agreement may result in termination of your access to the Course materials and can be subject to a fine up to $500,000.
All customers and students release Niki D Beauty Studio LLC of all liability regarding the use of our training material and/or any products or devices manufactured or sold by any other company.
Niki D Beauty Studio LLC respects the intellectual property rights of others and Niki D Beauty Studio LLC asks that you do the same. Except for any third-party content used as part of the Niki D Beauty Studio LLC site, training and materials, please understand that the data and materials on the Niki D Beauty Studio LLC site, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Niki D Beauty Studio LLC site (collectively, “Scalp Content”) are the intellectual property of Niki D Beauty Studio LLC. Niki D Beauty Studio LLC content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. Niki D Beauty Studio LLC reserves all rights in and to Niki D Beauty Studio LLC content. Niki D Beauty Studio LLC content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of Niki D Beauty Studio LLC. Niki D Beauty Studio LLC reserves the right to take any legal or technical remedies to prevent the violation of the Niki D Beauty Studio LLC terms and to protect the Niki D Beauty Studio LLC services, users and the rights and property of Niki D Beauty Studio LLC and its affiliates. If you violate these Terms, your permission to use the Niki D Beauty Studio LLC services automatically terminate, and you must immediately destroy any copies you have made of the Niki D Beauty Studio LLC content. Any actions on your behalf to contrary could result in litigation.
If you wish to request permission to use any Niki D Beauty Studio LLC content in a manner otherwise prohibited under these Terms, please contact us using the information provided below.
Our courses may contain references or links to materials from third parties. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If applicable, when you complete the purchase process, you will be asked to register with the use of an email and password, which allows you one seat in the online training for your personal use only. You agree to maintain the confidentiality of your account username, login information and password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality You agree to immediately notify us of any authorized use of your password or any other breach of security.
The content provided in our courses is provided “as is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our website and content may contain bugs, errors, problems, or other limitations. Niki D Beauty Studio LLC, including all our affiliates, have no liability whatsoever for your use of our website or content. Niki D Beauty Studio LLC cannot guarantee and does not promise any specific results from use of our website or content. Niki D Beauty Studio LLC does not represent or warrant that our content or our services found within are accurate, complete, reliable, current, or error-free or that any such items are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content and services is disclaimed. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content through our website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
In no event will Niki D Beauty Studio LLC or its, employees, contractors, vendors, affiliates, or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use or misuse of videos whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. Notwithstanding anything to the contrary contained herein, Niki D Beauty Studio LLC's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the video(s) we provide prior to the event giving rise to liability.
This Agreement applies to all information and training courses provided by Niki D Beauty Studio LLC.
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Copyright/Trademark Information. Copyright © 2020 NIKI D BEAUTY STUDIO LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.
CANCELATION AND REFUND POLICY:
All training deposits and or payments are non-refundable. One (1) reschedule is allowed based on training date availability. All reschedule notifications must take place 72 hours prior to your training date and start time of 10am. Any attempt to reschedule outside of these parameters is by default a surrender of your deposit and or payments. Please understand that once a deposit is made that date is set aside for you and all training equipment is purchased. Niki D Beauty Studio LLC also has a no refund policy on all deposits, balances, and or payments made once training begins. Booking any training courses is an acknowledgement of the above mentioned Cancelation and Refund Policy.
MEDICAL AND LEGAL LIABILITY DISCLAIMER:
Niki D Beauty Studio LLC Training (Niki D Beauty Studio) courses and services are intended to provide the general knowledge to perform procedures, but are not intended to replace medical advice, diagnosis, or treatment. Course attendance or reliance on the knowledge for operational purposes for this equipment or for our training courses shall be done at your own risk. If you have any questions or concerns, please contact a health care provider before treatment.
Niki D Beauty Studio LLC, (Its affiliates, and each of their respective managers, members, officers, directors, shareholders, employees, contractors, attorneys, accountants, and other representatives and agents, and their successors, assigns, heirs and personal representatives, shall not be held liable or responsible for the risks involved in this procedure or information provided.
Niki D Beauty Studio LLC highly suggests that each member or student perform research into their local legislation. It is your sole responsibility to check and clarify all rules and regulations pertaining to your country, state, city, and county if you are planning to execute as a professional our training program procedures. We cannot guarantee this detail since Niki D Beauty Studio LLC is offered worldwide.
Please check the performance of any Niki D Beauty Studio LLC procedure with your local health department, the governing boards and FDA regulations. Niki D Beauty Studio LLC shall not be held liable or liable for legal encounters concerning licensing, regulations or other legal aspects related to procedural operation.
NOT FDA APPROVED; FOR EDUCATIONAL USE ONLY, NOT INTENDED FOR INJECTION OR MEDICAL PURPOSES | EDUCATIONAL USE ONLY
DISPUTE RESOLUTION, RELEASE AND COVENANT NOT TO SUE:
(a)Release. Student, for Student and on behalf of Student’s successors, heirs, agents, affiliates, and assigns (collectively, the “Student Releasing Parties”), hereby forever releases, relieves, and discharges Niki D Beauty Studio LLC, its affiliates, and each of their respective managers, members, officers, directors, shareholders, employees, contractors, attorneys, accountants, and other representatives and agents, and their successors, assigns, heirs and personal representatives (collectively, the “Company Released Parties”), of and from any and all claims, demands, actions, causes of action, suits, debts, sums of money, controversies, damages, obligations, and liabilities of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, that the Student Releasing Parties can, shall, or may have against any of Niki D Beauty Studio LLC Released Parties by reason of, arising out of, or which may hereafter be claimed to arise out of any matter, cause, or thing whatsoever from the beginning of time to the date hereof, and from and after the date hereof (collectively, the “Released Claims”).
(b)Waiver. The Student Releasing Parties acknowledge and agree that the facts in respect to which this release is given may turn out to be other than or different than expected, and expressly waive any and all benefits and rights granted pursuant to Section 1542 of the California Civil Code, with which section each Student Releasing Party is familiar, and which reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
(c)Unknown Claims. The Student Releasing Parties acknowledge that there may exist at this time claims herein released in favor of the Student Releasing Parties, the nature of which have not yet been discovered. It is expressly understood and agreed that the possibility that such claims exist has been explicitly taken into account in determining the consideration to be given for this release and that a portion of that consideration, having been bargained for in full knowledge of the possibility of such unknown claims, was given in exchange for this release.
(d)No Assignment. The Student Releasing Parties represent and warrant that the Student Releasing Parties have not assigned or otherwise transferred any interest in any Released Claim that the Student Releasing Parties may have against any of Niki D Beauty Studio LLC Released Parties hereunder.
(e)Covenant Not To Sue. To the maximum extent permitted by law, the Student Releasing Parties covenant not to sue, institute any other proceedings, or make any claim against any of Niki D Beauty Studio LLC Released Parties for any cause of action based on any of the Released Claims.
Confidentiality. Student will keep the provisions of this Agreement strictly confidential and, without the prior written consent of Niki D Beauty Studio LLC, will not disclose any such information to any third party.
Non-Disparagement. Student shall not, directly or indirectly, at any time, criticize, disparage, or cast in an unfavorable light upon Niki D Beauty Studio LLC or any affiliate thereof in any public setting or in any conversation, letter, or other communications with or to (or reasonably likely to be obtained by) any third party. A violation of this acknowledges the Student liable for compensation to be determined by Niki D Beauty Studio LLC, not to exceed $100,000.00.
Remedies. In addition to other remedies provided by law or equity, upon a breach by Student of any of the covenants contained hereof, Niki D Beauty Studio LLC shall be entitled to have a court of competent jurisdiction enter an injunction against Student prohibiting any further breach of such covenants. The parties further agree that the covenants to be performed pursuant to Sections 1 through 4 are of a unique, special, and extraordinary character. Therefore, if any controversy arises concerning the rights or obligations under this Agreement, such rights or obligations shall be enforceable in a court of competent jurisdiction at law or equity by a decree of specific performance or, if Niki D Beauty Studio LLC elects, by obtaining damages or such other relief as Niki D Beauty Studio LLC may elect to pursue. Such remedies, however, shall be cumulative and nonexclusive and shall be in addition to any other remedies which Niki D Beauty Studio LLC may have.
Indemnification. Student will defend, indemnify and hold Niki D Beauty Studio LLC, its affiliates and their respective members, managers, shareholders, directors, officers, employees, contractors, agents, attorneys, and their respective personal representatives and affiliates, harmless against any and all damages, liabilities, obligations, fees, penalties, deficiencies, losses and expenses (including court costs and attorneys’ fees) suffered, incurred or sustained by any of the foregoing or to which any of the foregoing becomes subject, resulting from, arising out of, or relating to, any claim, suit or proceeding instituted by a third party relating to any breach or violation of any representation, warranty, or covenant of Student herein or of any of the terms of this Agreement by Student.
Entire Agreement; Amendment. This Agreement constitutes the entire agreement and understanding between Niki D Beauty Studio LLC and Student concerning Student's undertakings hereunder, and supersedes any and all previous or contemporaneous agreements or understandings, whether written or oral, between Student and Niki D Beauty Studio LLC concerning such subject matter. This Agreement may not be modified except by a written agreement executed by Niki D Beauty Studio LLC and Student.
Arbitration. Except as set forth herein, any dispute arising hereunder shall be resolved by confidential, binding arbitration in San Bernardino County, California before a single arbitrator mutually agreeable to the parties, and if no agreement is reached on an arbitrator, before a single arbitrator from the Judicial Arbitration Mediation Service (J.A.M.S.) and/or ADR Services selected and administered in accordance with the Rules of J.A.M.S. and/or ADR Services then in effect. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. Judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter or controversy. This provision is subject to Code of Civil Procedure section 1281.8 allowing court proceedings for applications for provisional remedies in disputes otherwise subject to arbitration. The venue of any such court proceedings shall be in the Los Angeles Superior Court and the substantive law of the State of California shall be applied by the Court in any such proceedings. All parties to this Agreement, by entering into it, are giving up their constitutional right to have any dispute decided in a court of law before a sitting judge and jury, and instead are accepting the use of binding arbitration to the fullest extent allowed by law. If any legal action or proceeding is brought for the interpretation or enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions hereof, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding from the non-prevailing party, in addition to any other relief to which it may be entitled.
Independent Counsel. Each party acknowledges that it has been represented by independent counsel of its choosing with respect to any and all matters concerning this Agreement, or has voluntarily waived its right to representation for the purposes hereof. Accordingly, no party shall deny the validity of this Agreement on the grounds that it did not have advice of counsel in the negotiation or drafting hereof.
THERE ARE NO REFUNDS ONCE YOU AGREE TO THESE TERMS AND ENTER OUR SITE.