TERMS OF PURCHASE

https://nictecreativedesign.com

Last Updat­ed April 24, 2025.

Thank you for your sup­port and inter­est in Nicte Cre­ative Design. We are so thank­ful to have you as a part of our Nicte Cre­ative Design community!

Please review these Terms of Pur­chase very care­ful­ly.  By pur­chas­ing our prod­ucts and/or ser­vices, you are agree­ing to these and are express­ing that you have been giv­en rea­son­able access to review these terms pri­or to your pur­chase. These Terms are bind­ing as of the date you pur­chase or access our prod­ucts and/or services.

Gen­er­al Pur­pose. These Terms are between you (“Pur­chas­er,” “you,” “your”) and Nicte Cre­ative Design (“Com­pa­ny,” “we,” “us,” “our”) for the pur­pose of pur­chas­ing or oth­er­wise obtain­ing dig­i­tal prod­ucts and/or ser­vices (our “Prod­ucts”) whether through the Company’s web­site at https://www.NicteCreativeDesign.com or any relat­ed domains or sub­do­mains (the “Web­site”), or in per­son. The Com­pa­ny and the Pur­chas­er will col­lec­tive­ly be referred to as “Par­ties,” and each indi­vid­u­al­ly as a “Par­ty.”

By click­ing “Add to Cart,” “Buy Now,” or any oth­er phrase on the pur­chase but­ton, sub­mit­ting a payment _­elec­tron­i­cal­ly or in-per­son, or oth­er­wise sub­scrib­ing through the Web­site, you are agree­ing to adhere to and be bound by fol­low­ing terms and con­di­tions, togeth­er with the Terms of Use and our Pri­va­cy Pol­i­cy, all of which are here­by incor­po­rat­ed by ref­er­ence all of which are here­by incor­po­rat­ed by ref­er­ence (col­lec­tive­ly, the “Terms”):

Scope of Prod­ucts. Our Prod­ucts include but are not lim­it­ed to: dig­i­tal down­loads, edu­ca­tion­al guides, tem­plates, online cours­es, cus­tom brand­ing ser­vices, design ser­vices, mas­ter­class­es, strat­e­gy ses­sions, con­sult­ing, work­shops, and oth­er dig­i­tal prod­ucts for pur­chase or download.

Prod­uct Deliv­ery. When you make a pur­chase and sub­mit your pay­ment, you will be pro­vid­ed with the Prod­ucts as detailed on the Web­site and will receive a down­load link via email. Please note that prod­uct deliv­ery will dif­fer based on when you make your pur­chase and if it is a dig­i­tal or phys­i­cal prod­uct. For more infor­ma­tion, please refer to the prod­uct descrip­tion and your receipt of pur­chase deliv­ered by email.  If the Prod­uct is list­ed as pre­sale or pre-order, the order will be deliv­ered as detailed on the Web­site. The Com­pa­ny will make all rea­son­able efforts to meet any esti­mat­ed deliv­ery dates. Should the Com­pa­ny be unable to meet esti­mat­ed time­lines for deliv­ery of pre­sale Prod­ucts, the Com­pa­ny will have the sole dis­cre­tion as to whether to issue a refund.

Prod­uct Dis­claimer. You under­stand and agree that the con­tent includ­ed in any of the Prod­ucts is mere­ly meant to be infor­ma­tion­al in nature and does not rep­re­sent any lev­el of legal, med­ical, finan­cial, or oth­er pro­fes­sion­al indus­try-spe­cif­ic advice. As such, our Com­pa­ny will not be respon­si­ble for any dam­ages that result from the use of the Products.

No War­ranties + No Guar­an­tees. We are pro­vid­ing the Prod­ucts on this Web­site on an “As-Is” basis for indi­vid­ual use by you at your own risk and with­out any war­ranties, whether express or implied, includ­ing, but not lim­it­ed to war­ranties of title; mer­chantabil­i­ty; fit­ness for a par­tic­u­lar use; or any rights or licens­es in these Terms.  The Com­pa­ny makes no war­ran­ty as to the accu­ra­cy and reli­a­bil­i­ty of infor­ma­tion set forth in the Prod­ucts, the Web­site, and Com­pa­ny-relat­ed doc­u­men­ta­tion.  You under­stand and agree that pur­chas­ing the Prod­ucts does not guar­an­tee spe­cif­ic results, includ­ing finan­cial or oth­er busi­ness gains for you per­son­al­ly and/or for the busi­ness. The infor­ma­tion includ­ed in the Prod­ucts is pro­vid­ed for infor­ma­tion­al pur­pos­es only and you are respon­si­ble for imple­ment­ing any busi­ness prac­tices or sug­gest­ed actions found with­in these Products.

Pay­ment + Billing. By pro­vid­ing the Com­pa­ny with your pre­ferred pay­ment method, you rep­re­sent that you: (i) are autho­rized to use, and (ii) autho­rize the Com­pa­ny to charge that pay­ment method (the “Autho­rized Pay­ment Method”) for any fees relat­ed to your pur­chase of the Prod­ucts, includ­ing with­out lim­i­ta­tion fees relat­ing to any paid fea­ture of the Web­site and/or sub­scrip­tion ser­vice of the Com­pa­ny in which you have cho­sen to enroll (col­lec­tive­ly, the “Fees”). If you are tak­ing advan­tage of any lim­it­ed time tri­al-peri­od offer and you do not can­cel the ser­vice on or before the last day of the tri­al peri­od, you are autho­riz­ing us to charge your pay­ment method for the ser­vice. Unless oth­er­wise indi­cat­ed, all Fees are in USD.

Return Pol­i­cy.  Due to the nature of dig­i­tal prod­ucts being imme­di­ate­ly acces­si­ble upon pur­chase, we do not allow for returns or refunds under any cir­cum­stances. In addi­tion, no mod­i­fi­ca­tions to your pur­chase will be grant­ed once your pur­chase is made. Thank you for understanding.

Charge­backs. By attempt­ing a charge­back with your finan­cial insti­tu­tion, you are express­ly agree­ing to pay the full cost of your orig­i­nal pur­chase, plus any fees or asso­ci­at­ed costs incurred by the Com­pa­ny. We have the right to present these Terms to your finan­cial insti­tu­tion, any pay­ment pro­cess­ing com­pa­ny and/or inves­ti­gat­ing agency con­cern­ing the attempt­ed charge­back or finan­cial dispute. 

Pro­mo­tions + Dis­counts. We may occa­sion­al­ly mar­ket and/or adver­tise pro­mo­tions, dis­counts, lim­it­ed time offers, and/or bonus­es (“Pro­mo­tions”) to poten­tial cus­tomers. You are enti­tled to take advan­tage of any active Pro­mo­tions when you pur­chase our Prod­ucts. Pro­mo­tions are offered man­u­al­ly and/or through auto­mat­ed cam­paigns at any giv­en time and are not guar­an­teed to be avail­able when you make a pur­chase through the Web­site. We reserve the right to change or alter any Pro­mo­tions at any time and at our sole dis­cre­tion. If you made a pur­chase of our Prod­ucts pri­or to any asso­ci­at­ed Pro­mo­tions, we are unable to hon­or the new offer, give you store cred­it, or return a por­tion of your purchase.

License for Use. By pur­chas­ing Prod­ucts through our Web­site, you are agree­ing to the Terms of Pur­chase, and in return, we are pro­vid­ing you with a lim­it­ed, non-trans­fer­able, non-exclu­sive, revo­ca­ble, per­son­al-use license (“License”) to use the Prod­ucts by your­self only. Shar­ing, copy­ing, repro­duc­ing, mod­i­fy­ing, pub­lish­ing, sell­ing, or oth­er­wise dis­trib­ut­ing the Prod­ucts, whether pub­licly or pri­vate­ly, is express­ly pro­hib­it­ed. You may, how­ev­er, copy or print instruc­tion­al mate­ri­als, infor­ma­tion, and guides with­in the Prod­ucts for per­son­al use, pro­vid­ed that all orig­i­nal for­mat­ting, copy­right and trade­mark notices, and brand­ing remains intact. Your lim­it­ed license allows you to use the Prod­ucts and any asso­ci­at­ed mate­ri­als for your­self only. If you have mul­ti­ple team mem­bers who would need access to the Prod­ucts, you must pur­chase an addi­tion­al License for each mem­ber of your team and ensure they are aware of these Terms of Pur­chase. When you pur­chase our tem­plates or cus­tomiz­able prod­ucts, you are per­mit­ted to mod­i­fy, copy, edit, print, and oth­er­wise adapt this prod­uct for use for your­self and/or your busi­ness as long as you agree to adhere to all state and fed­er­al laws and intel­lec­tu­al prop­er­ty terms con­tained in these Terms. You are not per­mit­ted to repro­duce, give away, pub­lish, sell, or dis­trib­ute this Prod­uct in any way, whether pub­licly or pri­vate­ly. You agree to mod­i­fy the Prod­ucts only in a man­ner con­sis­tent with these Terms of Purchase.

Intel­lec­tu­al Prop­er­ty. The Com­pa­ny owns and retains all rights, titles, and inter­ests in and to the Prod­ucts.  Noth­ing in these Terms trans­fers any intel­lec­tu­al prop­er­ty own­er­ship beyond the lim­it­ed license described in the above sec­tion, and we reserve all rights not express­ly grant­ed to you. Per­mis­sion to alter or mod­i­fy the Prod­ucts in a way that is con­sis­tent with the Terms of Pur­chase does not grant you intel­lec­tu­al prop­er­ty own­er­ship or the right to mod­i­fy the Prod­ucts beyond these con­di­tions, and in no way expands the lim­it­ed license pro­vid­ed upon purchase.

Con­sent to Use. By sub­mit­ting reviews, images, com­ments, tes­ti­mo­ni­als, or tags (“Sub­mis­sions”) to us on any plat­form includ­ing, but not lim­it­ed to social media and online reviews, you are by default grant­i­ng us a com­mer­cial license and vol­un­tar­i­ly releas­ing us to use your Sub­mis­sions for any rea­son­able future busi­ness use. In doing so, we may use your name (and/or pho­to) along with any oth­er pub­licly acknowl­edged infor­ma­tion that has been revealed by you when refer­ring to your Sub­mis­sions on our Web­site, mar­ket­ing mate­ri­als, guides, and any oth­er plat­form not expressed in these Terms.

Age Lim­i­ta­tions. You acknowl­edge you are able to per­form any and all of the oblig­a­tions required under these Terms of Pur­chase.  By sub­mit­ting pay­ment or oth­er­wise enrolling through the Web­site, you war­rant that you meet all legal age lim­its in your juris­dic­tion that are required to use this Web­site and/or pur­chase Products.

Chang­ing Terms. We reserve the right to update and revise these Terms at any time with­out notice to you.  Your con­tin­ued use of the Prod­ucts and Web­site after we have updat­ed the Terms of Pur­chase indi­cates your accep­tance and agree­ment to the changes.

Pri­va­cy + Pro­tec­tion of Per­son­al Infor­ma­tion. We respect your pri­va­cy and are com­mit­ted to pro­tect­ing it.  We may use cer­tain infor­ma­tion that we col­lect from you to oper­ate Nicte Cre­ative Design and pro­vide our Prod­ucts.  Please review our Pri­va­cy Pol­i­cy to under­stand the types of data we col­lect from you and your devices (“Data”) in con­nec­tion with your pur­chase of Prod­ucts through the Web­site and how we use your Data.

Error in Store Pre­sen­ta­tion. We strive to present infor­ma­tion that is pub­lished cor­rect­ly and update the Web­site reg­u­lar­ly in a way that allows us to cor­rect any result­ing errors.  How­ev­er, any of the con­tent on the Web­site may, at any giv­en time, be incor­rect or out-of-date. We reserve the right to make changes to Prod­uct prices, spec­i­fi­ca­tions, process­es, Pro­mo­tions, avail­abil­i­ty, and to the Web­site as a whole at any time under any circumstance.

Ter­mi­na­tion of Use. We may ter­mi­nate your account or restrict your use of the Web­site at any time for any rea­son.  Under these Terms, you under­stand that you are respon­si­ble for any orders and pur­chas­es you make or charges you incur pri­or to such ter­mi­na­tion. The com­pa­ny may change, dis­con­tin­ue, or oth­er­wise sus­pend the Web­site for any rea­son, at any time, and with­out pri­or notice to the Purchaser.

Lim­i­ta­tion of Lia­bil­i­ty. The Com­pa­ny is in no way liable to the Pur­chas­er or any oth­er third par­ty for any and all dam­ages includ­ing, but not lim­it­ed to, puni­tive or exem­plary dam­ages or those result­ing from neg­li­gence relat­ing to these Terms, regard­less of whether the Pur­chas­er was advised of such dam­ages, the fore­see­able nature of the dam­ages, and the legal or equi­table the­o­ry upon which the claim for dam­ages is based.

This Lim­i­ta­tion of Lia­bil­i­ty pro­vi­sion does not pur­port to affect any lia­bil­i­ty that can­not be exclud­ed or lim­it­ed under the law.

Max­i­mum Dam­ages. Our entire max­i­mum lia­bil­i­ty and your sole rem­e­dy for any actions or claims shall be lim­it­ed to the actu­al amount paid by you for the Prod­ucts you have pur­chased through the Website.

Bind­ing Arbi­tra­tion. In the event there is a dis­pute between the Par­ties that can­not be brought to an ami­ca­ble mutu­al under­stand­ing, the Par­ties under­stand and agree that such dis­pute will be han­dled through bind­ing arbi­tra­tion in align­ment with the rules of the Amer­i­can Arbi­tra­tion Asso­ci­a­tion. The Par­ties under­stand that they will be bound by any deci­sion ren­dered by the arbi­tra­tor and/or arbi­tra­tion pro­ceed­ings. The arbi­tra­tion itself will be held in San Anto­nio, Texas. If the arbi­tra­tion is unable to move for­ward in the des­ig­nat­ed juris­dic­tion, the Com­pa­ny will uni­lat­er­al­ly elect anoth­er venue for the arbi­tra­tion. The Par­ties will equal­ly share in the costs and expens­es of arbi­tra­tion and any relat­ed proceedings.

Choice of Law. These Terms and the Par­ties’ rela­tion­ship are gov­erned by the laws of the State of Texas In the event of con­flict­ing laws, the laws of the State of Texas will control.

Notices. We may pro­vide notice to you by: (i) send­ing a mes­sage to the email address pro­vid­ed by you, or (ii) by post­ing to the Web­site. Notices sent by email will be effec­tive at the time of send­ing and notices post­ed to the Web­site will be effec­tive upon post­ing. You may pro­vide notice to the Com­pa­ny by cer­ti­fied mail to Nicte Cre­ative Design: 17350 State Hwy 249, Ste 220, Hous­ton TX 77064. Notices pro­vid­ed by cer­ti­fied mail will be effec­tive upon actu­al receipt of the notice.

Sev­er­abil­i­ty + No Waiv­er. If any pro­vi­sion of these Terms is held to be invalid, ille­gal, or unen­force­able by a court with juris­dic­tion, all oth­er pro­vi­sions set forth in these Terms will remain valid and enforce­able. By fail­ing to enforce any right or pro­vi­sion of these Terms, we are not waiv­ing the right or abil­i­ty to enforce the same rights or pro­vi­sions in the future. Any right or pro­vi­sion in these Terms will only be con­sid­ered waived if done so in writ­ing by an autho­rized rep­re­sen­ta­tive of the Company.

Trans­fer + Assign­ment. You may not trans­fer or assign any of your rights under these Terms to any third par­ty with­out the express writ­ten con­sent of the Company.

Force Majeure. To the extent that any fail­ure or delay in our deliv­ery of the Prod­ucts under these Terms is caused by or results from acts or cir­cum­stances beyond our rea­son­able con­trol, we will not be liable or respon­si­ble to you and the same will not be con­sid­ered a breach of these Terms. Such acts or cir­cum­stances beyond our rea­son­able con­trol could include, with­out lim­i­ta­tion, acts of God, fire, flood, earth­quake, nat­ur­al dis­as­ters, cyber-attacks, ter­ror­ism, rev­o­lu­tion, insur­rec­tion, civ­il unrest, nation­al emer­gency, epi­dem­ic, pan­dem­ic, labor dis­putes, sup­ply chain restraints or delays in obtain­ing suit­able mate­ri­als, mate­ri­als break­down, telecom­mu­ni­ca­tions break­down, or pow­er outage.

Head­ings for Con­ve­nience Only. The head­ings in these Terms are includ­ed for con­ve­nience and ref­er­ence, and are not meant to describe, define, or lim­it the scope or intent of any provision.

Entire Agree­ment + All Rights Reserved. In con­clud­ing these Terms, you under­stand and acknowl­edge that these Terms con­sti­tute the final agree­ment and super­sede all oth­ers regard­ing the pur­chase, sale, and use of any Prod­ucts and the use of the Web­site. The Com­pa­ny reserves any and all rights not express­ly grant­ed in these Terms.