Last Modified: March 6, 2021

 Acceptance of the Terms of Use

These terms of use are entered into by and between You and Design Your Wealth, LLC (“Company,”

“we,” or “us”). The following terms and conditions govern your access to and use of, including any

content, functionality, and services offered on or through NicoleBarham.com, DesignYourWealth.net & 5MinuteBookkeeper.com (“Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by

clicking to accept or agree to the Terms of Use when this option is made available to you, you

accept and agree to be bound and abide by these Terms of Use and our Privacy Policy,

incorporated herein by reference.

If you do not want to agree to these Terms of Use or the Privacy

Policy, you must not access or use the Website.

This Website is not offered to minors. By using this Website, you represent and warrant that you are of

legal age to form a binding contract with the Company and meet all of the foregoing eligibility

requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are

effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept

and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the

Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of

the Website is unavailable at any time or for any period. From time to time, we may restrict access to

some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.

• Ensuring that all persons who access the Website through your internet connection are aware of

these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain

registration details or other information. It is a condition of your use of the Website that all the

information you provide on the Website is correct, current, and complete.

You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of

our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or

provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you

have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all

information, software, text, displays, images, video, and audio, and the design, selection, and

arrangement thereof) are owned by the Company, its licensors, or other providers of such material and

are protected by United States and international copyright, trademark, patent, trade secret, and other

intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You

must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,

republish, download, store, or transmit any of the material on our Website for any commercial or non-

personal purpose or use.

You must not access or use for any commercial purposes any part of the Website or any services or

materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any

part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately

and you must, at our option, return or destroy any copies of the materials you have made. No right, title,

or interest in or to the Website or any content on the Website is transferred to you, and all rights not

expressly granted are reserved by the Company.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other

laws.

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Trademarks

The Company name, the trademarks, logos, and all related names, product and service names, designs,

and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks

without the prior written permission of the Company. All other names, logos, product and service

names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation

(including, without limitation, any laws regarding the export of data or software to and from the US

or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by

exposing them to inappropriate content, asking for personally identifiable information, or

otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any

“junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or

any other person or entity (including, without limitation, by using email addresses or screen names

associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website,

or which, as determined by us, may harm the Company or users of the Website, or expose them to

liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or

interfere with any other party’s use of the Website, including their ability to engage in real time

activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any

purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website, or for any other

purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or

technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website,

the server on which the Website is stored, or any server, computer, or database connected to the

Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

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 User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin

boards, and other interactive features (collectively, “Interactive Services”) that allow users to post,

submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or

materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary.

By providing any User Contribution on the Website, you grant us, our affiliates, service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify,

perform, display, distribute, and otherwise disclose to third parties any such material for any

purpose/according to your account settings.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the

license granted above to us and our affiliates, service providers, and each of their and our respective

licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or

contribute, and you, not the Company, have full responsibility for such content, including its legality,

reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the

content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our

sole discretion, including if we believe that such User Contribution violates the Terms of Use,

including the Content Standards, infringes any intellectual property right or other right of any

person or entity, threatens the personal safety of users of the Website or the public, or could create

liability for the Company.

• Disclose your identity or other information about you to any third party who claims that material

posted by you violates their rights, including their intellectual property rights or their right to

privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any

illegal or unauthorized use of the Website.

• Terminate or suspend your access to all or part of the Website for any or no reason, including

without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement

authorities or court order requesting or directing us to disclose the identity or other information of

anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE

FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review material before it is posted on the Website and cannot ensure prompt

removal of objectionable material after it has been posted. Accordingly, we assume no liability for any

action or inaction regarding transmissions, communications, or content provided by any user or third

party. We have no liability or responsibility to anyone for performance or nonperformance of the

activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User

Contributions must in their entirety comply with all applicable federal, state, local, and international

laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that, in our sole opinion, is defamatory, obscene, indecent, abusive, offensive,

harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex,

religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights

of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any

material that could give rise to any civil or criminal liability under applicable laws or regulations or

that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or

annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or

organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions,

barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if

this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us through the

information provided below. It is the policy of the Company to terminate the user accounts of repeat

infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information

purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance

you place on such information is strictly at your own risk. We disclaim all liability and responsibility

arising from any reliance placed on such materials by you or any other visitor to the Website, or by

anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete

or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you

consent to all actions taken by us with respect to your information in compliance with the Privacy

Policy.

Online Purchases and Refunds

All purchases through our site or other transactions for the sale of goods or services are final.

Payment for course subscriptions may be made in one lump sum payment or 12 monthly payments. If

paying in 12 monthly payments your credit card information will be retained and your card will be

charged on the day you purchase the subscription and on the first of every month thereafter until

payment is made in full.

You may cancel your subscription at any time, however, no refunds will be granted. If you selected the

12 monthly payment plan and you cancel your subscription prior to all payments being made in full

Company will charge the remaining amount due to your credit card. By agreeing to pay via the 12

monthly payment plan you consent to being charged the remaining amount due should you cancel your

subscription prior to all payments being made in full.

All payments are handled by a third party and your credit card information is not stored by Company.

For additional information on how your payment information is handled please review our privacy

policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage

our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any

form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.

• Send emails or other communications with certain content, or links to certain content, on this

Website.

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your

own or certain third-party websites. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are

provided for your convenience only. This includes links contained in advertisements, including banner

advertisements and sponsored links. We have no control over the contents of those sites or resources,

and accept no responsibility for them or for any loss or damage that may arise from your use of them. If

you decide to access any of the third-party websites linked to this Website, you do so entirely at your

own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Florida in the United States. We provide this Website

for use only by persons located in the United States. We make no claims that the Website or any of its

content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

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Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading

from the internet or the Website will be free of viruses or other destructive code. You are responsible for

implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY

SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING

OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED

THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY

SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”

AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER

EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH

THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE

COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF

THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR

ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE

WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE

WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT

DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT

AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE

WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL

OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR

OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF

MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED

OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS

AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,

OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL

THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE,

THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH

OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,

CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,

PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,

LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF

GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING

NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service

providers, and its and their respective officers, directors, employees, contractors, agents, licensors,

suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards,

losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your

violation of these Terms of Use or your use of the Website, including, but not limited to, your User

Contributions, any use of the Website’s content, services, and products other than as expressly

authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom

or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and

construed in accordance with the internal laws of the State of California without giving effect to any

choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall

be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Orange County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other

relevant country.

You waive any and all objections to the exercise of jurisdiction over you by such

courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of

Use or use of the Website, including disputes arising from or concerning their interpretation, violation,

invalidity, non-performance, or termination, to final and binding arbitration under the Rules of

Arbitration of the American Arbitration Association applying California law.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a

further or continuing waiver of such term or condition or a waiver of any other term or condition, and

any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a

waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be

invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the

minimum extent such that the remaining provisions of the Terms of Use will continue in full force and

effect.

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Entire Agreement

The Terms of Use, Privacy Policy, Disclaimer, and Forum Policy constitute the sole and entire

agreement between you and Company regarding the Website and supersede all prior and

contemporaneous understandings, agreements, representations, and warranties, both written and oral,

regarding the Website.

Your Comments and Concerns

This website is operated by Design Your Wealth, LLC.

All feedback, comments, requests for technical support, and other communications relating to the

Website should be directed to: nicole@nicolebarham.com.