Last updated November 7, 2024

PURPOSE OF THIS AGREEMENT

Welcome to nicoletrincia.com / Cancer Rising, LLC (from now on referred to as “Cancer Rising, LLC”). This Agreement sets forth Your rights and obligations as a nicoletrincia.com / Cancer Rising, LLC (from now on referred to as “Cancer Rising, LLC”) User/Participant/Client (from now on referred to as “User”).  By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER NICOLETRINCIA.COM.  THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 17, and18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

The use of nicoletrincia.com  (hereafter “Website”), which is owned and maintained by Cancer Rising, LLC  (“We,” “Our,” “Us”, “Coach”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein.  If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website  in any manner or form whatsoever. 

THIS IS A BINDING AGREEMENT.  THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND CANCER RISING, LLC. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE  AND THE SERVICES PROVIDED BY CANCER RISING, LLC.  ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW INSECTION 18.

Cancer Rising, LLC reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes.  You can find the most recent version of these Terms at terms.nicoletrincia.com. Use of the Website after such changes constitutes acceptance of such changes.  Any new features or tools which are added to the current Website shall also be subject to the Terms.

TABLE OF CONTENTS

-Website Use

-Website User Conduct and Restrictions-License Terms

-Our Privacy Statement and Your Personal Information

-Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts

-Order Placement and Acceptance

-Description of Coaching and Coaching Relationships

-Confidentiality

-Services for Discover Your True Calling Program

-Schedule for Discover Your True Calling Program 

-Refunds for Hard Goods

-Refunds for Discover Your True Calling Program

-Automatic Enrollment and Payment, And Cancellation

-Subscription Terms and Automatic Payment

-Shipping Fees

-Products, Services, and Prices Available on the Website

-DISCLAIMER - YOUR INDIVIDUAL RESULTS WILL VARY

-Testimonials, Reviews, and Pictures/Videos

-DISCLAIMER AND INDEMNITY FOR ACTS OF OTHERS

-COMPLIANCE WITH THE LAW, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS

-DISCLAIMERS OF OTHER WARRANTIES

-LIMITATIONS OF LIABILITIES

-DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

-Cancer Rising, LLC Additional Remedies

-Indemnification

-Notice and Takedown Procedures; Copyright Agent

-Third-Party Links

-Termination

-No Waiver

-Governing Law and Venue

-Force Majeure

-Assignment

-Electronic Signature

-Changes to the Agreement

-Your Additional Representations and Warranties 

-Severability

-Entire Agreement 

-Informed Consent

-Contacting Us

SECTION 1 – WEBSITE USE

The Website is intended for adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Nicole Trincia trademark and logo are proprietary marks of Cancer Rising, LLC, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Cancer Rising, LLC.

Subject to your continued strict compliance with all Terms, Cancer Rising, LLC provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

If you purchase a subscription to Cancer Rising, LLC.  software over the Website, Cancer Rising, LLC provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Cancer Rising, LLC; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Cancer Rising, LLC; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

You agree not to use or attempt to use the Website or any software provided by Cancer Rising, LLC, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Cancer Rising, LLC. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:

HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction of harm to Cancer Rising, LLC’s’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Cancer Rising, LLC or any third party;

“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Cancer Rising, LLC’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all communications comply with state and local anti-spamming or analogous laws.

OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.

SOLICITATION. Any attempt, act, or communication through the Website or otherwise,  to solicit or entice away other Users or group participants, other clients, customers or business relationship, including anyone who was a client, customer or business partner of Cancer Rising, LLC 12 months prior to the  termination of this contract. 

PROMOTIONAL ACTIVITIES. Any self-promotion or promotion of your business through any Program-related channels, including but not limited to any verbal promotion during group coaching meetings, any written communication within the Website, Community Portal, or any other designated group platforms like Facebook.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy. Our Privacy Policy may be viewed at

privacy.nicoletrincia.com.  Cancer Rising, LLC reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time.  Our Privacy Policy is incorporated into this Agreement by reference.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS

As a Website user, you will be required to create an account with Cancer Rising, LLC. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Website user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in Cancer Rising, LLC’s  sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your Website user account or enhanced pricing for your Website user account, at Cancer Rising, LLC’s sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, Cancer Rising, LLC  under your user account. You agree to immediately notify Cancer Rising, LLC  of any unauthorized use of your password or user-name or any other breach of security related to your user account. You agree that Cancer Rising, LLC  is not liable, and you will hold Cancer Rising, LLC  harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for

additional information.

SECTION 5 – DATA PRIVACY SHIELD – GDPR

What is GDPR? It is the EU Data Privacy Shield that became effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under the European Union. The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.

SECTION 6 – ORDER PLACEMENT AND ACCEPTANCE

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item isn't available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.

All advertised prices are in, and all payments shall be in, U.S.Dollars.

SECTION 7 - DESCRIPTION OF COACHING AND COACHING RELATIONSHIPS

Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client (User) in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation and development of personal, professional, or business goals and to develop and carry out a strategy or plan for achieving those goals.

Coach agrees to maintain the ethics and standards of behavior established by the International Coaching Federation “(ICF)” www.coachingfederation.org/ethics. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior. 

You, the Client, are solely responsible for creating and implementing your own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and your coaching calls and interactions with the Coach.  As such, you agree that the Coach and Cancer Rising, LLC  are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach or Cancer Rising, LLC. 

You  understand that coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. 

You further acknowledge that you  may terminate or discontinue the coaching relationship at any time. 

You  acknowledge that coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education, and recreation. You agree that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively your responsibility. 

You  acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is your  exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by you and the Coach. 

You understand that in order to enhance the coaching relationship, you agree to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the program. 

SECTION 8 - CONFIDENTIALITY 

The coaching relationship, as well as all information (documented or verbal) that group Participants share with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Participant relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach and you the Participant agree not to disclose any personal or sensitive  information,  insights, private discussions or proprietary business strategies pertaining to any other Participant without the Participant's written consent. The Coach will not disclose any Participant names as a reference without the Participant’s consent. 

EXCLUSIONS: Confidential Information does not include information that: (a) was in the Coach’s or other Participants possession prior to its being furnished by the Participant; (b) is generally known to the public or in the Participant’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Participant; (d) is independently developed by the Coach without use of or reference to the Participant’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to yourself or others; and (g) involves illegal activity. You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.  

Cancer Rising, LLC reserves the right to effectively remove you from the group, revoke access to the Website, and render your right to the Program null and void should you breach confidentiality.

SECTION 9 - SERVICES FOR DISCOVER YOUR TRUE CALLING PROGRAM  

Your purchase of Discover Your True Calling Program includes the following: 

Access to a three month Group Coaching Program for a total of 12 weekly recurring, live group coaching sessions over Zoom, for both the User and other participants in the program. 

-Access to Program Community Portal session replays.

-Access to Program Community Portal exercise resources.

-Access to Program Community Portal Forum for additional shares, feedback, and support.

You hereby acknowledge that your purchase of Discover Your True Calling Program DOES NOT include individual or one-to-one coaching. 

Individual Coaching may be purchased separately, on a limited basis, upon request.  Please direct inquiries to

[email protected]. 

Cancer Rising, LLC reserves the right to immediately disqualify, remove from the coaching group, revoke access to the Website, and render right and access to the Program null and void any User and Participant who violates any Website Use and Conduct described in Section 2, including but not limited to harmful acts, unsolicited communication,  offensive communication, solicitation, promotional activities  or any other harm to other group Participants. 

SECTION 10 - SCHEDULE FOR DISCOVER YOUR TRUE CALLING PROGRAM

Discover Your True Calling Program scheduling details, including start date, time, and access will be provided to you in the preceding Discovery Call.  Upon Program acceptance and payment confirmation, you  will receive email confirmation of the Program Schedule.Meetings recur weekly, for 3 months, 12 sessions total. Cancer Rising, LLC reserves the right to limited exceptions in scheduling.  These exceptions, if needed,  will be communicated  as promptly as possible,  in advance via email or Community Portal notification. You acknowledge that weekly scheduled live  sessions will not be canceled or rescheduled if you cannot attend.  It is therefore in your best outcome to make every effort to attend live meetings as scheduled.  We recognize that life happens and sometimes emergencies arise.  We therefore encourage you to watch meeting replays as soon as possible when they come available through the Community Portal to maintain Program progress.

SECTION 11A – REFUNDS FOR HARD GOODS

If you have purchased a “hard good” (for example, a book or other tangible product) from Cancer Rising, LLC or any related brands, you may receive a limited refund if you comply with the following conditions:

-You must request a refund in writing by contacting [email protected];

-Your request for a refund must be made within thirty (30) days of your purchase;

-You must return the hard goods to Cancer Rising, LLC  immediately, according to the shipping and other instructions you will receive by email after requesting a refund;

-The hard goods must be returned to Cancer Rising, LLC in like-new, or re-sellable condition, as determined in Cancer Rising, LLC’s  sole, reasonable discretion.

SECTION 11B - REFUNDS FOR DISCOVER YOUR TRUE CALLING PROGRAM

Your purchase of the Discover Your True Calling Program comes with a 30-day money back guarantee, starting from your date of purchase.  This is a Participation-Based Policy, meaning refunds are offered only if clients have actively engaged in the program, have attended all sessions,  and have completed all assignments up through the first 30 days.  In order to receive a refund, a request must be submitted via email to [email protected].   Refund requests submitted outside of the 30 day money back guarantee period will not be eligible for a refund.  

SECTION 12 – SHIPPING FEES

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

SECTION 13 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE

Products, services, and prices are generally posted at the following URL, but are subject to change:

http://nicoletrincia.com/services.  At times, Cancer Rising, LLC may also offer services which will be described when offered but nonetheless governed by this Agreement and these Terms.  Cancer Rising, LLC reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your purchase of product(s) or services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Cancer Rising, LLC  to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Cancer Rising, LLC services, and unless you terminate your subscription as provided herein, you agree that Mastermind may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.

Cancer Rising, LLC  takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. 

When ordering products or services, please note that Cancer Rising, LLC does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 10 of theseTerms. Cancer Rising, LLC’s’ descriptions of, or references to, products or services not owned by Cancer Rising, LLC are not intended to imply endorsement of that product or service, or constitute a warranty by Cancer Rising, LLC.

SECTION 14 – DISCLAIMER - YOUR INDIVIDUAL RESULTS WILL VARY

Every User is unique, and outcomes are largely dependent upon willingness and level of input into the Program.  Therefore, individual results will vary from User to User.  YOUR  INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO  YOUR GOALS, INCLUDING BUT NOT LIMITED TO THE NEW ACTIONS YOU TAKE.

Cancer Rising, LLC does not promise, guarantee, or warrant your career success, income, or sales. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your accountant, attorney, or financial advisor for advice on these topics.

SECTION 15 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Cancer Rising, LLC is pleased to hear from users and customers and welcomes your comments regarding our services and products.  Cancer Rising, LLC  may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Cancer Rising, LLC services or products, in printed and online media, as Cancer Rising, LLC determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you  may have using our services or products. As set forth above in Section 13, your results will vary depending upon a variety of factors unique to you and  forces beyond Cancer Rising, LLC’s control. 

Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Cancer Rising, LLC  a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.  Additionally, Cancer Rising, LLC reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Cancer Rising, LLC shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

SECTION 16 - DISCLAIMER  AND INDEMNITY FOR ACTS OF OTHERS

Cancer Rising, LLC is not responsible nor liable for the acts and behaviors of others.  As a User and Participant in the group coaching Program, you will hold Cancer Rising, LLC harmless for any damages you may incur due to the acts and behaviors of other participants.

SECTION 17 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS 

As a Website user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C.§ 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. §310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides(16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.

If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Cancer Rising, LLC from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Cancer Rising, LLC relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by Cancer Rising, LLC. You further understand and agree that Cancer Rising, LLC has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. 

Cancer Rising, LLC does not warrant that any Cancer Rising, LLC messaging software will be compatible with any third-party software.  You are solely and exclusively responsible for your use of any and all messaging software and/or hardware.

COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS. 

You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. 

SECTION 18 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY,  SUITABILITY,  AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F )THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You agree to protect, defend, indemnify and hold harmless Cancer Rising, LLC, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against Cancer Rising, LLC for liability for payments for, damage caused by, or other liability relating to, You.

SECTION 19 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL CANCER RISING, LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER CANCER RISING, LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL CANCER RISING, LLC’S LIABILITY TO YOU EXCEED THE AMOUNT OF THE PAYMENTS PAID BY YOU TO CANCER RISING, LLC  FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST CANCER RISING, LLC  OCCURRED. 

SECTION 20 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.  YOU AGREE THAT YOU  MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered maybe entered in any court having jurisdiction thereof. We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Marin County, California, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The Arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Cancer Rising, LLC..Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses ,including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Wyoming without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Cancer Rising, LLC agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a classwide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of another party. You and Cancer Rising, LLC expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision inconnection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with Cancer Rising, LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e.,unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 21 – CANCER RISING, LLC’S ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to Cancer Rising, LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Cancer Rising, LLC  or a third-party, Cancer Rising, LLC  shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Marin County, California restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Cancer Rising, LLC from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you. You hereby irrevocably consent to the exclusive personal jurisdiction, and exclusive venue in, the courts of Marin County, California for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 22 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Cancer Rising, LLC, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) harmful acts and behaviors of others,  (4) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (5) your violation of any law or the rights of third-party.

SECTION 23 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that materials or content available on the Website Infringe any copyright you own, you or your agent may send Cancer Rising, LLC a notice requesting that Cancer Rising, LLC remove the materials or content from the Website. Notices should be sent to Cancer Rising LLC, Attention Legal Department, 30 N Gould St Ste R Sheridan, WY  82804, or by e-mail to [email protected]. These Terms fully incorporate by reference the DMCA Policy.

SECTION 24 – THIRD-PARTY LINKS

The Website may contain links to other websites. Cancer Rising, LLC  assumes no responsibility for the content or functionality of any non-nicoletrincia  website to which we provide a link. Please see our Privacy Policy located at privacy.nicoletrincia.com  for more details.

SECTION 25 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or entering payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Cancer Rising, LLC or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Cancer Rising, LLC. 

Upon termination, you remain responsible for any outstanding payments to Cancer Rising, LLC.

SECTION 26 – NO WAIVER

No failure or delay on the part of Cancer Rising, LLC in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Cancer Rising, LLC.

SECTION 27 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Policy located at privacy.nicoletrincia.com or any matter concerning Cancer Rising, LLC, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of California  without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Marin County, California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

SECTION 28 – FORCE MAJEURE

Cancer Rising, LLC  will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

SECTION 29 – ASSIGNMENT

Cancer Rising, LLC  may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Cancer Rising, LLC’s  (or its assigns’) express written consent. 

SECTION 30 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. When you communicate with Cancer Rising, LLC  through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 31 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time at terms.nicoletrincia.com. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy located at privacy.nicoletrincia.com by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 32 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Cancer Rising, LLC has the right to rely upon all information provided to Cancer Rising, LLC by you, and Cancer Rising, LLC may contact you by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any order you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Cancer Rising, LLC  of the same within 24 hours. Cancer Rising, LLC, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Cancer Rising, LLC without incurring any obligation or liability to you.

SECTION 33 – SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 34 – ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Cancer Rising, LLC and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Cancer Rising, LLC. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 35 - INFORMED CONSENT

You hereby give your informed consent to participate in coaching sessions with Nicole Trincia, PCC as your Coach. You understand that coaching is a collaborative process that involves setting goals, exploring challenges, and working toward positive change and personal growth. You acknowledge that coaching is not a substitute for therapy, counseling, or professional mental health treatment. You consent to voluntarily participate in coaching sessions and understand that the Coach will provide guidance, support, and encouragement, but the responsibility for taking action and achieving your goals ultimately lies with you. You understand that any information shared during coaching sessions will be kept confidential, except as required by law or in cases where you express intent to harm yourself or others. You are aware that the success of coaching depends on your commitment to the process, active participation, and openness to exploring new perspectives.

SECTION 36 – CONTACTING US

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to [email protected]. 

If you have any questions or inquiries concerning any of the Terms, you may contact Cancer Rising, LLC by email at [email protected] or by regular mail at 30 N Gould St Ste R Sheridan, WY 82801.

Notices to you may be made by posting a notice (or a link to a notice) on terms.nicoletrincia.com by email, or by regular mail, at Cancer Rising, LLC's discretion.

Is Cancer Rising, LLC GDPR Compliant? In short, yes. Please see our privacy policy at privacy.nicoletrincia.com

for more information.