For the purposes of these Terms:
• “Account” means the personal information, payment data, and credentials used by users to access paid content or communication systems on the website.
• “Services” refers to the online courses, materials, and digital content offered by Leadership by Design Academy™.
• “Website” means leadershipbydesign.academy and any subdomains thereof.
• “User,” “you,” and “your” refer to anyone who accesses or uses the Services.
• “We,” “us,” and “our” refer to Nicole Pavelka Coaching & Consulting, LLC, doing business as Leadership by Design Academy™.
We may update these Terms periodically to reflect operational or legal changes. We will update the “Last Updated” date above and may provide additional notice for material changes. Changes are effective upon posting. Continued use after posting constitutes acceptance of the revised Terms.
You must be able to form a binding contract and not be barred from using the Services under applicable law. If you are under 18, you may use the Services only with the involvement and consent of a parent or legal guardian.
You agree to provide accurate, current, and complete information, keep your credentials secure, and be responsible for all activity under your account. We may suspend or terminate accounts for misuse or violation of these Terms.
Courses and digital products are offered for a fee displayed at checkout. Prices and availability may change. By purchasing, you authorize us and our payment processors to charge your selected payment method for all amounts due, including taxes. A contract for Services is formed when we issue an order confirmation email or grant access to the purchased product.
All sales are final once access has been granted. However, we comply with consumer protection laws, including statutory withdrawal rights. If you live in a jurisdiction granting a withdrawal period for digital products (e.g., within 14 days), you may cancel within that time frame if you have not yet accessed the content. By completing your purchase, you consent to immediate access and acknowledge that such access waives your statutory right of withdrawal.
Access lasts as long as Leadership by Design Academy™ operates and the product remains offered. If discontinued, access ends and no further refunds apply. “Lifetime access” refers to the operational lifetime of the platform, not the purchaser’s lifetime.
For enterprise enrollments, facilitator licensing, or B2B agreements, unless otherwise agreed, payment is due Net 30 days from the invoice date. Late payments may incur interest or suspension of access.
Complete your work honestly, cite sources appropriately, and engage respectfully in course discussions and community interactions.
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9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
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9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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9.1.6 You must not impersonate other people, particularly employees and representatives of Leadership by Design Academy or Our affiliates; and
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9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
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9.2 You acknowledge that Leadership by Design Academy reserves the right to monitor any and all communications made to Us or using Our System.
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9.3 You acknowledge that Leadership by Design Academy may retain copies of any and all communications made to Us or using Our System.
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9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
Use the Services lawfully. Do not share, resell, or publicly distribute materials without written permission. Do not upload or transmit malware, defamatory, or infringing content. We may suspend or remove users who violate these rules.
You retain ownership of your content but grant Leadership by Design Academy™ a non-exclusive, worldwide, royalty-free license to use, reproduce, and display it to operate and improve the Services.
All course videos, text, graphics, workbooks, and materials are the property of Nicole Pavelka Coaching & Consulting, LLC, doing business as Leadership by Design Academy™. You are granted a limited, personal-use license only. Unauthorized reproduction or distribution is prohibited. Material may be reused only under fair use provisions of U.S. copyright law.
The Services may include links to third-party sites (such as payment gateways or tools). We are not responsible for their content or privacy practices. You may link to our homepage provided you do not misrepresent our relationship or imply endorsement. Deep-linking requires prior written consent.
We respect intellectual property rights. If you believe content on the platform infringes your copyright, please send a written DMCA notice to our designated agent at the email address provided below, including all information required under the Digital Millennium Copyright Act (DMCA).
• Your physical/electronic signature;
• Identification of the copyrighted work(s);
• Identification of the allegedly infringing material and its location;
• Your contact information;
• A statement of good-faith belief that use is not authorized; and
• A statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized agent.
DMCA Agent:
Leadership by Design Academy™
1219 Morningside Drive
Manhattan Beach, CA 90266
Email: support@leadershipbydesign.academy
The Services may integrate with or link to third-party platforms (such as payment processors or learning tools). We are not responsible for third-party content or practices. Your use of third-party services is governed by their terms and policies.
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16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
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16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
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16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
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16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
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17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
The Services are provided “as is” and “as available.” We disclaim all warranties—express, implied, or statutory—including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted operation. We make no guarantee of specific results from participation.
- Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
To the fullest extent permitted by law, Leadership by Design Academy shall not be liable for indirect, incidental, or consequential damages; loss of profits, data, or goodwill; or business interruption. Our total aggregate liability shall not exceed the amount paid for the product or course.
You agree to indemnify and hold harmless Leadership by Design Academy, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, or expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your content, or your violation of these Terms.
Before filing any claim, you agree to first attempt to resolve the dispute informally by emailing us at support@leadershipbydesign.academy with the subject line “Dispute Notice.” If the matter cannot be resolved within 30 days, either party may initiate binding arbitration. Any dispute or claim arising out of or related to these Terms or the Services will be resolved by binding arbitration under the Federal Arbitration Act and the rules of the American Arbitration Association (AAA). The seat and venue of arbitration shall be Los Angeles County, California, and conducted in English. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Both parties waive any right to a jury trial or to participate in a class action. Nothing in this section limits either party’s right to seek injunctive or equitable relief in court to protect intellectual property or proprietary rights.
We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or applicable law. Upon termination, clauses that should reasonably survive termination (such as Intellectual Property, Disclaimers, Limitation of Liability, and Arbitration) will survive.
These Terms constitute the entire agreement between you and us regarding the Services. If any provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. The rest of the Terms remain in effect. Failure to enforce any right is not a waiver of that right. You may not assign these Terms without our prior consent. We may assign them as part of a merger, acquisition, or sale of assets.
California Civil Code §1789.3 Notice: Users may contact us at the address below:
Leadership by Design Academy™
1219 Morningside Drive
Manhattan Beach, CA 90266
Email: hello@leadershipbydesign.academy
or reach the
Consumer Information Division of the California Department of Consumer Affairs at
1625 North Market Blvd., Suite N-112
Sacramento, CA 95834
(800) 952-5210
We shall not be liable for delay or failure to perform resulting from causes beyond our reasonable control, including acts of nature, war, terrorism, labor disputes, or internet outages.
