Terms of service

Effective Date: April 21, 2026
Last Updated: April 21, 2026

These Terms of Service ("Terms") govern your access to and use of the websites, online stores, downloadable audio programs, and related services (collectively, the "Services") offered by Nightingale-Conant Corporation ("Nightingale-Conant," "we," "us," or "our"). By accessing the Services, creating an account, or placing an order, you agree to be bound by these Terms and by our Privacy Policy.

Please read these Terms carefully. Section 15 contains a binding individual arbitration agreement and a class-action waiver that affect your legal rights. You may opt out of arbitration within 30 days as described in Section 15.4.

1. Eligibility and Acceptance

You must be at least 18 years old (or the age of majority in your jurisdiction, if older) and legally able to enter into a binding contract to use the Services or make a purchase. By using the Services, you represent that you meet these requirements and that your use does not violate any applicable law.

If you use the Services on behalf of a business or other organization, you represent that you have authority to bind that entity to these Terms.

2. Your Account

You may be required to create an account to access certain features, including your downloads. You agree to provide accurate and current information, to keep your credentials confidential, and to be responsible for all activity that occurs under your account. Notify us promptly through our contact form if you suspect unauthorized access.

We may suspend or terminate your account if you violate these Terms, if we reasonably suspect fraud or abuse, or if required by law. See Section 18.

3. Orders, Pricing, and Payment

All prices are shown in U.S. dollars unless otherwise stated and are exclusive of taxes, which we collect where required. Taxes and any applicable fees are shown at checkout.

By placing an order, you authorize us (and our payment processors) to charge your chosen payment method for the total amount. We reserve the right to refuse, cancel, or limit any order, including for suspected fraud, pricing errors, inventory issues, or violations of these Terms. If we cancel an order after payment, we will refund the charged amount to the original payment method.

Typographical errors, pricing errors, and product-description errors are subject to correction. We reserve the right to correct such errors and, where necessary, cancel affected orders without liability.

4. Digital Products and License Grant

4.1 Nature of the products

Our products are digital personal-development audio programs and related materials (such as workbooks and videos), delivered electronically. No physical media are shipped.

4.2 License

Subject to your payment of all applicable fees and your continued compliance with these Terms, Nightingale-Conant grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, store, and use purchased digital content solely for your own personal, non-commercial use.

4.3 Restrictions

Except as expressly permitted by these Terms or by applicable law that cannot be contractually waived, you may not:

  • Copy, reproduce, distribute, publicly perform, publicly display, broadcast, stream, or communicate any purchased content to the public;
  • Sell, resell, rent, lease, sublicense, assign, or otherwise transfer any purchased content or any portion of it;
  • Modify, translate, adapt, or create derivative works based on any purchased content;
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
  • Decompile, reverse-engineer, or attempt to derive the source code of any software or DRM used with the content, except to the limited extent that applicable law prohibits such restriction;
  • Share your account credentials or your download links with any other person;
  • Use the content for any commercial, promotional, training, seminar, classroom, coaching-business, or other public or group-presentation purpose without a separate written license from us; or
  • Use the content in any manner that infringes the rights of any third party or violates any law.

4.4 Download delivery

After a successful purchase, you may access your downloads through your account on www1.nightingale.com and through a personalized "My Downloads" page accessed via a magic-link email. Download links are short-lived and are generated on demand for security; you may refresh them at any time from your account or by requesting a new magic link.

We aim to keep purchased content available in your account for as long as we continue to operate the Services, but we do not guarantee unlimited lifetime access. You are responsible for downloading your purchases and keeping your own backup copies. If we discontinue a title or the Services generally, we will use commercially reasonable efforts to provide advance notice so you can download your content.

5. Refund Policy

We want you to be satisfied with your purchase. Nightingale-Conant offers a 30-day money-back guarantee on digital audio products, as described in our Refund Policy, which is incorporated into these Terms by reference. To request a refund, submit a request through our contact form within 30 days of your purchase.

6. Intellectual Property

6.1 Our content

All audio recordings, text, artwork, logos, trademarks, software, and other materials available on or through the Services are owned by Nightingale-Conant, our authors, or our licensors, and are protected by U.S. and international copyright, trademark, and other intellectual-property laws. Except for the limited license granted in Section 4, no rights are transferred to you.

6.2 Author and third-party rights

Many of our programs feature content by authors, speakers, and estates (including Earl Nightingale, Jim Rohn, and others) who retain rights in their underlying works. You agree to respect those rights and to treat the content as licensed, not sold.

6.3 Trademarks

"Nightingale-Conant," "The Strangest Secret," and other names, logos, and slogans used on the Services are trademarks or service marks of Nightingale-Conant Corporation or its licensors. You may not use any of these marks without our prior written permission.

6.4 Feedback

If you send us comments, suggestions, ideas, or other feedback, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose without obligation to you.

7. DMCA and Copyright Infringement

We respect the intellectual-property rights of others and comply with the Digital Millennium Copyright Act (DMCA). If you believe material on the Services infringes your copyright, please send a notice that includes all of the following:

  1. A physical or electronic signature of the copyright owner or authorized agent;
  2. Identification of the copyrighted work(s) claimed to be infringed;
  3. Identification of the material claimed to be infringing and information reasonably sufficient for us to locate it (such as a URL);
  4. Your contact information, including address, telephone number, and email;
  5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DMCA takedown notices must be sent to our designated copyright agent:

Designated Copyright Agent
Nightingale-Conant Corporation
Attn: Copyright Agent / DMCA Notice
1449 S Michigan Ave, Suite 13181, Chicago, IL 60605, USA
Electronic contact: www1.nightingale.com/pages/contact (subject line: "DMCA Notice")
Telephone: Not currently available for copyright matters; please use the electronic contact above or postal mail.

We accept DMCA notices via the contact form or by postal mail. Please use the subject line "DMCA Notice" and include all elements listed above. Notices that do not substantially comply with those requirements may not receive a response.

If you believe material was removed or disabled by mistake or misidentification, you may submit a counter-notice meeting the requirements of 17 U.S.C. § 512(g). We may terminate the accounts of repeat infringers in appropriate circumstances.

8. Prohibited Conduct

You agree not to:

  • Use the Services in violation of any law, regulation, or these Terms;
  • Attempt to gain unauthorized access to any portion of the Services, other accounts, or our systems;
  • Interfere with or disrupt the Services, including by introducing malware, overloading servers, or bypassing rate limits;
  • Scrape, crawl, or use automated means to access the Services except in accordance with our robots.txt or with our prior written permission;
  • Reverse-engineer, decompile, or attempt to derive source code of our software except to the limited extent permitted by applicable law;
  • Use our Services to send unsolicited commercial communications, fraudulent messages, or harassing content;
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity; or
  • Collect or harvest any personally identifiable information from the Services.

9. User Content

If the Services allow you to submit content (such as reviews or comments), you represent that you own or have the rights to submit the content and that it does not violate any law or third-party right. You grant Nightingale-Conant a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, copy, modify, display, perform, and distribute your submitted content in connection with operating and promoting the Services. We may remove any user content at our discretion and are not responsible for content submitted by users.

10. Third-Party Services and Links

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by us (for example, Audible and third-party payment processors). We are not responsible for the content, privacy practices, or conduct of those third parties. Your dealings with third parties are solely between you and them.

11. Promotions

From time to time we may offer promotions, discounts, contests, or sweepstakes. Each promotion may have additional terms, which are incorporated by reference into these Terms. Promotions may be limited, non-transferable, and subject to verification. We reserve the right to disqualify entries or purchases we believe are fraudulent or violate the spirit of the promotion.

12. Disclaimers

12.1 Personal-development disclaimer

Our programs provide educational and motivational content. Results depend on many factors outside our control, including your effort, circumstances, and background. We do not guarantee any specific outcome, income, health, financial, legal, or professional result. Testimonials and examples featured on the Services reflect individual experiences and are not representative of the results any particular customer will achieve. Our content is not medical, psychological, financial, legal, tax, or investment advice; if you need such advice, consult a qualified professional.

12.2 "As-Is" disclaimer

To the fullest extent permitted by law, the Services and all content are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

Some jurisdictions do not allow exclusion of implied warranties, so some of the above may not apply to you.

13. Limitation of Liability

To the fullest extent permitted by law, Nightingale-Conant and its officers, directors, employees, affiliates, licensors, and service providers (the "NC Parties") will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, lost goodwill, or business interruption, arising out of or relating to the Services or these Terms, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.

In no event will the total aggregate liability of the NC Parties to you arising out of or relating to the Services or these Terms exceed the greater of (a) the amount you paid to Nightingale-Conant for the product giving rise to the claim in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, death or personal injury caused by negligence, or any statutory consumer rights that cannot be waived.

14. Indemnification

You agree to indemnify, defend, and hold harmless the NC Parties from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your access to or use of the Services; (ii) your violation of these Terms or any law; (iii) your violation of any third-party right, including any intellectual-property or privacy right; or (iv) any content you submit to the Services.

15. Binding Individual Arbitration and Class-Action Waiver

15.1 Agreement to arbitrate

Except for the disputes described in Section 15.5, you and Nightingale-Conant agree that any dispute, claim, or controversy arising out of or relating to the Services, any purchase, these Terms, or our Privacy Policy (each, a "Dispute") will be resolved by final and binding individual arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section 15.

15.2 Arbitration process

The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, available at www.adr.org. The arbitration will be conducted by a single neutral arbitrator. Unless you and we agree otherwise, the arbitration will take place in Cook County, Illinois, or — at your election — in the U.S. county where you reside, or by telephone or video where permitted by the AAA rules. The arbitrator will have authority to award any relief that a court could award, subject to the limitations in these Terms.

15.3 Class-action waiver

You and Nightingale-Conant each waive the right to participate in a class action, collective action, or representative action against the other. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. If a court or arbitrator determines that this class-action waiver is unenforceable in a particular case, that case will be severed from arbitration and brought in court, while the remainder of this Section 15 remains in effect.

15.4 30-day opt-out right

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to Nightingale-Conant Corporation, 1449 S Michigan Ave, Suite 13181, Chicago, IL 60605, or by submitting it through our contact form, within 30 days of the date you first accepted these Terms or a revised version of them. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other aspect of your relationship with Nightingale-Conant.

15.5 Exceptions

This Section 15 does not require arbitration of: (a) claims that may be brought in small-claims court, so long as they remain in that court and proceed on an individual (non-class) basis; and (b) claims for injunctive or equitable relief to stop unauthorized use or misuse of the Services, intellectual-property infringement, or breach of the license in Section 4.

15.6 Changes to this arbitration agreement

If we change this Section 15 after you first accept these Terms, you may reject any such change by notifying us within 30 days of the change, in which case your account will remain governed by the terms in effect immediately before the change.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law rules. Subject to Section 15, any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Cook County, Illinois, and you and we each consent to the personal jurisdiction and venue of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer in a jurisdiction whose law gives you non-waivable rights, this Section does not deprive you of those rights.

17. Electronic Communications and Consent (E-SIGN)

You consent to receive communications from us electronically, including by email and through your account. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw this consent by closing your account, but doing so may prevent us from delivering your purchases and may make it impossible for us to continue to provide the Services.

18. Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services, your account, or any feature at our discretion, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraud or abuse, or created legal risk for us, or if we discontinue the Services. Sections that by their nature should survive termination — including Sections 4.3 (Restrictions), 6 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Arbitration), 16 (Governing Law), and this Section — will survive.

19. Changes to These Terms

We may update these Terms from time to time. When we make changes, we will update the "Last Updated" date above and, for material changes, we will give additional notice (such as a banner on the Services or an email). Your continued use of the Services after the effective date of an update means you accept the revised Terms. If you do not accept the revised Terms, you must stop using the Services.

20. Accessibility

Nightingale-Conant is committed to making the Services accessible to all visitors, including people with disabilities. We work to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 and 2.2 at Level AA. If you encounter an accessibility barrier or would like to request an accessible alternative for any of our content, please contact us through our contact form so we can assist you promptly.

21. General Provisions

Entire agreement. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Nightingale-Conant regarding the Services and supersede any prior or contemporaneous agreements on that subject.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations without our prior written consent. We may assign these Terms, in whole or in part, without restriction.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be replaced to the minimum extent necessary to make it enforceable and preserve the parties' intent.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

No partnership. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Nightingale-Conant.

Export control. You represent that you are not located in, and will not use the Services from, any country subject to U.S. government embargo, and that you are not listed on any U.S. government list of prohibited or restricted parties.

Headings. Section headings are for convenience only and do not affect interpretation.

22. Contact Us

Nightingale-Conant Corporation
1449 S Michigan Ave, Suite 13181
Chicago, IL 60605, USA
Contact form