Use of Service

Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent that you are legally capable of entering into a binding agreement and that you are at least eighteen (18) years of age. If you are using our Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

Permitted Use

You agree to use our Services in compliance with applicable federal, state, and local laws and regulations. You agree not to use our Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers or networks. Unauthorized use, including but not limited to attempting to gain unauthorized access to our systems, interfering with service functionality, using automated systems to access our Services without permission, engaging in fraudulent activities, impersonating any person or entity, violating the intellectual property rights of others, or transmitting viruses, malware, or other harmful code, is strictly prohibited.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Services Provided

Nicolette Management LLC provides a variety of services across multiple business areas, as follows.

Insurance Brokerage Services

We provide licensed insurance brokerage services for Medicare Advantage plans, ACA/Marketplace health insurance, life insurance, fixed annuities, and ancillary insurance products (dental, vision, accident, critical illness, hospital indemnity). Nicole (Nikki) Charette is a licensed insurance broker (Florida License 2-15, resident state Florida, non-resident states Connecticut, Ohio, Michigan, Tennessee, Texas). We are appointed with multiple insurance carriers through Field Marketing Organizations (FMOs) including Xell (formerly TrueCoverage), Advocate Health Advisors, Vantage Financial Alliance, and Symmetry Financial Group.

Insurance products are provided by insurance carriers, not by Nicolette Management LLC. We receive commissions from insurance carriers when you enroll in insurance products. These commissions do not increase your premium costs. We work with multiple carriers to provide you with options that meet your needs and budget.

Credit and Financial Services (Affiliate Referrals)

We provide referrals to United Credit Education Services (UCES) and United Wealth Education (UWE) for credit restoration, financial education, debt management strategies, legal document services (wills, trusts, powers of attorney), and related financial wellness services. These services are provided directly by UCES and UWE, not by Nicolette Management LLC. We are independent affiliates of UCES and UWE and receive commission when you sign up for their services through our referral links.

We may provide complementary budgeting consultations, setup assistance, and ongoing support to help you maximize the value of UCES and UWE services. These consultations are provided as part of our affiliate relationship and do not constitute financial advising or credit repair services performed by Nicolette Management LLC.

Tax Preparation Services

We provide federal and state income tax preparation services for individuals and businesses. Nicole (Nikki) Charette holds a Preparer Tax Identification Number (PTIN) and Electronic Filing Identification Number (EFIN) issued by the Internal Revenue Service. Tax preparation fees are based on the complexity of your return and are outlined in our Fee Schedule, which ranges from a minimum of two hundred seventy-five dollars ($275) to a maximum of three thousand dollars ($3,000) depending on the forms and schedules required.

We also offer Tax Trac software as an authorized reseller for individuals who prefer to prepare their own taxes. Software licensing and support are provided directly by Tax Trac.

Business Consulting and Training Services

We provide strategic business consulting services including business structure guidance, operational efficiency consulting, marketing strategy, and professional development. We offer specialized training programs for insurance agents and agency owners through our Agent Assist and Agency Builder programs. These are educational products that provide training, resources, templates, and community access. Pricing for these programs ranges from forty-seven dollars ($47) to four thousand nine hundred ninety-seven dollars ($4,997) depending on the tier and features selected.

Purchasers of Agent Assist and Agency Builder are not required to join our insurance agency downline, and joining our downline does not require purchasing these products. These are separate and independent offerings.

Design and Branding Services (NM Studio)

We provide professional branding, logo design, website development, graphic design, and related creative services through NM Studio. Services are offered in packages ranging from one thousand dollars ($1,000) to three thousand dollars ($3,000), with additional à la carte options available. All services require full payment before project delivery unless otherwise agreed in writing. Designs are subject to the number of revision rounds specified in your selected package.

Project Timelines and Client Response Requirements

All project timelines provided for NM Studio services are estimated timelines based on timely client responses and cooperation. Project completion timelines assume that clients will respond to requests for information, feedback, approvals, and revision requests within twelve (12) hours, with a maximum response time of twenty-four (24) hours to maintain the stated project timeline.

Delayed or lack of client response will directly and proportionally delay the creation, revision, and delivery of project content and final deliverables. Project timelines are paused during periods when we are awaiting client feedback, information, approvals, or responses. Once client response is received, the timeline resumes from the point of pause.

For example, if a project has a stated timeline of five (5) business days and the client takes three (3) business days to provide requested feedback, the actual project completion will be eight (8) business days from project start. We are not responsible for delays caused by client non-responsiveness, slow responses, failure to provide requested materials, or unavailability.

Clients are expected to check email daily and respond promptly to project communications to ensure timely completion. If you will be unavailable or unable to respond for an extended period (more than forty-eight (48) hours), please notify us in advance so we can adjust project timelines accordingly.

Failure to respond to project communications within seven (7) calendar days may be considered project abandonment, at which point the project may be closed and fees forfeited in accordance with our refund policy. Projects closed due to client non-responsiveness may be reactivated upon client request, but original timelines will not apply and new timelines will be established based on current availability.

Notary Services

Nicole (Nikki) Charette is a Florida-licensed notary public. We provide notary services at a fee of ten dollars ($10) per notary stamp, plus mileage fees for services performed more than five (5) miles from our office location.

Community and Educational Resources

We provide free access to educational communities including The Simplicity Circle online community and weekly Clubhouse discussions. These communities are provided for educational and networking purposes and do not constitute professional advice.

Fees, Payment, and Refund Policy

Fees and Payment

By using our paid services, you agree to pay all applicable fees as outlined on our Websites or as agreed in writing. Payment is required before service completion unless otherwise agreed in writing. We accept payment via credit card, debit card, and ACH transfer processed through Stripe and other authorized payment processors. Payments and fees are subject to the terms and conditions of our payment processors.

All fees are stated in United States Dollars (USD). You are responsible for any applicable taxes, and where required, taxes will be added to your invoice. Prices are subject to change, but changes will not affect services already purchased or contracted.

Refund Policy

Due to the nature of our services, refund policies vary by service type.

Insurance Services: Insurance commissions are paid by carriers, not by clients. There are no refunds applicable to insurance services. If you cancel an insurance policy, your cancellation is handled directly with the insurance carrier according to their policies.

UCES/UWE Referral Services: Refunds for UCES and UWE services are subject to their refund policies, not ours. Contact UCES or UWE directly for refund requests.

Tax Preparation Services: Due to the custom nature of tax preparation, all sales are final once work has begun. If you request cancellation before any work has been performed, a full refund will be provided. Once tax preparation work has commenced, fees are non-refundable.

Agent Assist and Agency Builder: Digital training products are non-refundable once access has been granted due to the immediate delivery of digital content. If you have not accessed the training materials, you may request a refund within seven (7) days of purchase.

NM Studio Design Services: Due to the custom nature of design work, all sales are final once work has begun. If you request cancellation before any design work has been performed, a full refund will be provided. Once design work has commenced, fees are non-refundable. Deposits are non-refundable if you cancel after the design process has started.

Notary Services: Notary fees are non-refundable once services have been performed.

Consultation Services: Consultation fees are non-refundable once the consultation has been conducted. If you cancel a scheduled consultation with at least twenty-four (24) hours notice, you may reschedule without penalty.

If you believe there was an error in processing your payment, contact us within seven (7) days of the transaction with transaction details available for resolution discussion.

Privacy & HIPAA Compliance

Collection & Use of Personal Information

We collect and process personal and financial information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

HIPAA Notice

If you provide personal health information (PHI) in connection with insurance services, we handle it in compliance with the Health Insurance Portability and Accountability Act (HIPAA). Nicolette Management LLC takes appropriate administrative, technical, and physical measures to protect sensitive client data. Any PHI you provide will be securely processed and stored following HIPAA security standards. We do not disclose PHI without your consent, except as required by law or as necessary to provide insurance services you have requested.

IRS Regulations

For tax preparation services, we comply with IRS regulations regarding the security and confidentiality of tax return information, including IRS Publication 4557 safeguards. We will not disclose your tax return information to third parties without your consent, except as permitted or required by law.

Communications Consent

By using our website, registering for our services, or submitting your information through our forms, you expressly consent to receive communications from Nicolette Management via email, SMS/MMS (text messaging), and telephone calls, including telemarketing messages. These communications may relate to services, promotions, offers, updates, appointment reminders, tax filing deadlines, insurance enrollment periods, project updates, or other information we believe may be of interest to you.

You acknowledge that submitting your contact information constitutes an inquiry, application, or purchase for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. ("ATSR") and the Telephone Consumer Protection Act (TCPA). Message and data rates may apply depending on your mobile carrier and plan. You represent and warrant that you are authorized to provide the telephone number(s) and email address(es) you submit and that you are at least eighteen (18) years of age.

You may opt-out of marketing communications at any time by following the opt-out instructions provided in the communications, such as replying "STOP" to SMS/MMS messages or clicking "unsubscribe" in emails. Opting out will not affect transactional or service-related communications necessary for your continued use of our services, such as appointment confirmations, project updates, tax filing reminders, or insurance policy notifications.

Professional Disclaimers

Insurance Services Disclaimer

We provide insurance brokerage services and work with multiple insurance carriers to help you find coverage that meets your needs. We do not guarantee that you will qualify for any particular insurance product, and eligibility is determined by the insurance carriers based on their underwriting guidelines. Insurance coverage and benefits are subject to the terms and conditions of the insurance policy issued by the carrier. We are not responsible for coverage denials, claim denials, or changes to insurance plans made by carriers.

While we strive to provide accurate information about insurance products, insurance regulations and carrier offerings change frequently. We recommend that you carefully review all policy documents provided by the insurance carrier before enrolling.

Tax Preparation Disclaimer

We provide professional tax preparation services, but we do not guarantee specific tax outcomes, refund amounts, or audit protection. Your tax liability is determined by the Internal Revenue Service and state tax authorities based on tax law and your individual circumstances. While we make every effort to accurately prepare your returns and maximize legitimate deductions and credits, tax law is complex and subject to interpretation and change.

You are ultimately responsible for the accuracy and completeness of information you provide to us for tax preparation. We are not liable for taxes, penalties, or interest resulting from incomplete or inaccurate information you provide, or from positions taken on your return based on information you supplied.

Credit and Financial Services Disclaimer

We provide referrals to United Credit Education Services (UCES) and United Wealth Education (UWE) for credit restoration and financial education services. We do not provide credit repair services ourselves and are not a credit repair organization as defined by the Credit Repair Organizations Act (CROA). All credit restoration services are performed directly by UCES, which is responsible for compliance with CROA and other applicable regulations.

We may provide educational budgeting consultations and assistance with service setup, but we do not provide financial planning, investment advice, or debt settlement services. We are not licensed financial advisors or investment professionals.

Business Consulting and Training Disclaimer

We provide business consulting, strategic advice, and educational training programs, but we do not guarantee specific business results, sales increases, income levels, or recruitment success. Individual results vary based on numerous factors beyond our control, including market conditions, individual effort, business acumen, compliance with regulations, and economic conditions.

Agent Assist and Agency Builder are educational training products that provide information, resources, and tools. They do not constitute a business opportunity, franchise, or employment relationship. Purchasers are not guaranteed any income, commissions, or success in the insurance industry. Success in insurance sales depends on licensing, carrier appointments, individual effort, sales skills, and market conditions.

Design Services Disclaimer

We provide professional design and branding services, but we do not guarantee specific business outcomes, market performance, sales increases, or customer response to designs created. Design effectiveness depends on numerous factors including your business model, marketing efforts, target audience, competitive environment, and overall business execution.

Designs are subject to your approval, and final use is at your discretion. We are not responsible for how you use, modify, or implement designs after project completion. Designs created on third-party platforms (Wix, Squarespace, WordPress, etc.) are subject to the capabilities and limitations of those platforms.

General Professional Advice Disclaimer

The information provided on our Websites and through our Services is for general informational and educational purposes only and does not constitute professional financial advice, legal advice, tax advice (except as specifically provided through our tax preparation services), investment advice, or medical advice. While we provide consulting services and guidance, the content on our Websites should not be relied upon as a substitute for personalized consultation with qualified professionals who can evaluate your specific situation.

You should consult appropriate licensed professionals (financial advisors, attorneys, CPAs, physicians, etc.) before making financial, legal, health, or business decisions. We recommend that you independently verify information and seek professional guidance tailored to your individual circumstances.

No Client Relationship Created by Website Use

Visiting our Websites, reviewing our content, or communicating with us through contact forms, email, or social media does not establish a client relationship. A formal client relationship with Nicolette Management LLC is created only when both parties have executed a written agreement, you have paid for services, or (for insurance services) when we have submitted an application on your behalf with your authorization.

Nothing on our Websites constitutes an offer to provide services or enter into an agreement. All services are provided by appointment or written agreement only.

Affiliate Relationships and Referral Compensation

Our Websites contain affiliate links and referral links to third-party products and services. When you sign up for services or make purchases through these links, we may receive commissions, referral credits, or other compensation. This compensation does not increase the cost you pay for products or services.

We include affiliate and referral links for United Wealth Education (UWE), United Credit Education Services (UCES), Google Workspace, GoHighLevel, Tax Trac, Chime Banking, Acorns, SoFi, and various other business tools, financial products, and services. We only recommend products and services that we use ourselves or believe will provide value to our clients.

We also participate in affiliate recruitment programs where we may receive compensation for referring individuals who join certain programs or business opportunities. This compensation structure is disclosed to individuals before they join.

Insurance Broker Compensation Disclosure

As a licensed insurance broker, Nicole (Nikki) Charette is appointed with multiple insurance carriers and receives commissions when clients enroll in insurance products. Commission rates vary by carrier and product type but typically range from two percent (2%) to twenty percent (20%) of the annual premium for health insurance products and from thirty percent (30%) to one hundred twenty percent (120%) of first-year premium for life insurance and annuity products, with renewal commissions in subsequent years.

These commissions are paid by the insurance carriers and do not increase your premium costs. We are not obligated to recommend the product with the highest commission, and we strive to recommend products that best meet your needs and budget based on your individual circumstances.

For insurance agents in our downline (recruited through our FMO relationships), we may receive override commissions on policies they sell. These override rates are determined by our FMO contracts, not by us, and are standard industry practice in the hierarchical agency structure of insurance distribution.

Intellectual Property Rights

All content, trademarks, logos, and proprietary materials on our Websites and marketing materials are the property of Nicolette Management LLC or our licensors and are protected by United States and international copyright, trademark, and intellectual property laws. This includes but is not limited to text, graphics, logos, images, videos, audio, software, training materials, templates, and worksheets.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from our Websites without our prior written permission, except that you may download or print one copy of materials for your personal, non-commercial use, provided you keep all copyright and proprietary notices intact.

Client Work and Intellectual Property (NM Studio)

For design services provided through NM Studio, upon full payment of all fees, you receive ownership and copyright of final approved designs as specified in your project agreement. Before full payment, all work remains the property of Nicolette Management LLC. We retain the right to display completed work in our portfolio and marketing materials unless confidentiality is specifically agreed upon in writing.

Stock photos, fonts, and third-party design elements used in your project may be subject to licenses from their respective owners and are provided to you under those license terms.

Third-Party Links, Services, and Platforms

Our Services may contain links to third-party websites, including insurance carrier websites, UCES and UWE platforms, payment processors, social media platforms, software providers, and affiliate partner sites. These third-party websites and services are not under our control, and we are not responsible for their content, privacy policies, practices, or fees.

The inclusion of any link does not imply our endorsement of the linked site, product, or service, except where we have specifically indicated a referral or affiliate relationship. You access third-party services at your own risk and subject to their terms and conditions. We encourage you to review the terms and privacy policies of any third-party sites you visit.

Insurance products are provided by third-party insurance carriers. Coverage, benefits, exclusions, limitations, and claims are governed by the insurance policy issued by the carrier, not by these Terms. Credit restoration and financial education services are provided by UCES and UWE and are subject to their terms of service. Website hosting and design platforms (Wix, Squarespace, WordPress, GoHighLevel, etc.) are third-party services subject to their terms and limitations.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NICOLETTE MANAGEMENT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, UPLINES, FMOS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE USE OF OUR SERVICES, RELIANCE ON INFORMATION PROVIDED, BUSINESS DECISIONS MADE BASED ON OUR ADVICE, TAX POSITIONS TAKEN, INSURANCE COVERAGE SELECTIONS, FINANCIAL SERVICES OUTCOMES, DESIGN EFFECTIVENESS, TRAINING PROGRAM RESULTS, OR ANY OTHER MATTER RELATED TO OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, OR ANY OTHER BASIS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO NICOLETTE MANAGEMENT LLC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM WITHIN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such states, our liability shall be limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Nicolette Management LLC, its officers, directors, employees, contractors, agents, affiliates, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of our Services, your violation of these Terms, your violation of any law or regulation, your violation of any rights of a third party, information you provide that is inaccurate or incomplete, or your negligent or willful misconduct.

For tax preparation services, you specifically agree to indemnify us for any taxes, penalties, interest, or legal fees resulting from inaccurate or incomplete information you provide, positions you instruct us to take against our professional judgment, or your failure to disclose material information. For insurance services, you agree to indemnify us for claims arising from misrepresentations you make on insurance applications.

User-Generated Content and Community Participation

Our Services include community features such as The Simplicity Circle online community and Clubhouse discussions where you may post content, comments, questions, and other materials. By posting content, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and promoting our Services.

You represent and warrant that you own or have the necessary rights to post the content you submit and that your content does not violate any third-party rights or any applicable laws. You agree not to post content that is defamatory, obscene, abusive, invasive of privacy, threatening, hateful, discriminatory, or otherwise objectionable, that infringes intellectual property rights or other proprietary rights, that contains viruses or malicious code, that violates any law or regulation, or that impersonates any person or entity.

We reserve the right to remove any content that violates these Terms or that we deem inappropriate in our sole discretion. We are not responsible for user-generated content posted by others and do not endorse any opinions expressed in community forums.

Termination and Suspension

We reserve the right to terminate or suspend your access to our Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms, engaged in fraudulent activity, provided false or misleading information, violated applicable laws or regulations, abused our staff or other users, or for any other reason we deem appropriate in our sole discretion.

You may terminate your use of our Services at any time by discontinuing use of our Websites and canceling any active service agreements. Termination does not relieve you of any obligations to pay fees for services already provided or purchased. Upon termination, your right to access and use our Services will immediately cease.

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and dispute resolution provisions.

Modifications to Terms and Services

We reserve the right to update or modify these Terms at any time without prior notice. Changes become effective immediately upon posting to our Websites with a new effective date. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

We also reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, including the availability of any feature, database, or content. We may impose limits on certain features or restrict access to parts or all of our Services without notice or liability.

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree that any legal action or proceeding arising from or relating to these Terms or your use of our Services shall be brought exclusively in the state or federal courts located in Seminole County, Florida, and you consent to the personal jurisdiction of such courts.

Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall be conducted in Seminole County, Florida, or via remote proceedings if agreed by both parties.

The arbitrator shall have the authority to grant any remedy or relief that would be available in court, except that the arbitrator shall not have the authority to award punitive or exemplary damages beyond those permitted by statute. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST NICOLETTE MANAGEMENT LLC.

Exceptions to Arbitration

Notwithstanding the arbitration provision above, either party may seek equitable relief in court for infringement or misappropriation of intellectual property rights, and either party may pursue claims in small claims court if the claim qualifies.

Entire Agreement and Severability

These Terms, together with our Privacy Policy and any other written agreements between you and Nicolette Management LLC, constitute the entire agreement between you and us regarding your use of our Services and supersede all prior agreements and understandings, whether written or oral.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder without your consent, including in connection with a merger, acquisition, sale of assets, or operation of law.

Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Electronic Communications

You consent to receive communications from us electronically, including via email, text message, or by posting notices on our Websites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.