TERMS OF SERVICE
Effective date: February 25, 2021
This website (the “Site”) is operated by LOVE ALLIANCE LLC. Throughout the Site, the terms “we,” “us,” “our,” “Company,” and “Love Alliance” refer to LOVE ALLIANCE LLC. Love Alliance offers this Site, including all information, services, products, programs, tools and other content available on this Site to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated in these terms and conditions (hereinafter, the “Terms”). These Terms will be available by link on all sites and offerings which it covers. “Services” is used herein to refer to the Site and all our products, services, courses, content, and programs provided on or through the Site.
Please read these Terms carefully before accessing or using our Site or Services. Your access to and use of the Site or our Services is conditioned upon your compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use our Site or Services.
Any new features or tools which are added to the current Site or our Services shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, modify, or replace all or any part of these Terms from time to time in our sole discretion, by posting updates, modifications, and/or changes to our Site, with or without notice to you. It is your responsibility to check this page periodically for any such changes or updates.
Any software that is made available to access, use, view and/or download in connection with this Site (“Software“), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Company and/or licensors, affiliates, and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software. Company accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
SECTION 1 – ACCEPTANCE AND GENERAL CONDITIONS
By accessing or using any part of the Site or our Services, you agree to be bound by these Terms. If you do not agree to any or all of the terms and conditions set forth in these Terms, you do not have permission to access the Site or use our Services. You agree to abide by the rules and policies which are established from time to time by us in these Terms, and your continued use of or access to the Site or our Services following the posting of any changes, modifications, or updates constitutes your express acceptance thereof.
To access our Site, you must be eighteen (18) years old or older and have the requisite legal capacity, power, and authority to enter into these Terms. Our Site, and its content are intended for persons over the age of eighteen (18). The Site may be confusing or offensive to or inappropriate for children under the age of eighteen (18). If you do not meet the age requirement described herein, please exit our Site, even if you are accessing the Site with your parent’s or legal guardian’s consent. If you continue to access our Site, you expressly affirm that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms and terms and conditions of this nature.
Your use of the Site, and the Services is entirely at your own risk, and Company shall not be liable in any way in connection therewith. It shall be your own responsibility to ensure that any Services, products, content, or information available through the Site meet your specific requirements.
You agree to be financially responsible for all purchases you or someone acting on your behalf makes through the Site. You agree to use the Site and to purchase the Services/products through the Site for legitimate, non-commercial purposes only. You shall not transmit through the Site any material or information which violates or infringes on the rights of others or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable as reasonably determined by us, contains injurious formulas, recipes, or instructions which encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, rule, or regulation.
SECTION 2 – INTELLECTUAL PROPERTY
You acknowledge and agree that Company, or its licensors, own all legal right, title, and interest in and to the Site and Services, including the content and any intellectual property rights which subsist in the Site or Services, whether registered or not, which is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You acknowledge that the Site and Services may contain information which is designated confidential and/or proprietary by Company and that you shall not disclose such information without Company’s prior written consent. You are not granted any right to use, and may not use, any of our intellectual property rights, including Apollonia Ponti trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, other than as set out in these Terms. You must not use our Site (or any part of it or its content) for commercial purposes; however, you may download certain products and services from the Site solely for non-commercial, personal use by you. If you have been granted an explicit right to use Company’s intellectual property in a separate written agreement, you agree that such use shall be in compliance with that agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Site or Services. You agree that in using the Site and Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos. You are not allowed to modify, copy, distribute, reproduce, republish, create derivatives based upon, sell, display, rent, lease, loan, or trade any of the Company’s intellectual property or Site content, whether in whole or in part, without prior written permission from Company or the rightful intellectual property owner.
SECTION 3 – COPYRIGHT INFRINGEMENT POLICY (DMCA)
Company respects the intellectual property rights of others and requests that you do the same. We will respond to notices of claimed copyright infringement that are properly provided to us and that comply with applicable law. If you believe that your work has been copied in a manner that constitutes copyright infringement, you may notify us at:
LOVE ALLIANCE LLC
So that we may properly assist you, the following information is required:
- A description of the copyrighted work you claim has been infringed;
- Information reasonably sufficient to locate the material in question on the Site;
- Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Company to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
- A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf.
We suggest that you consult your legal advisor before filing a notice with Company’s copyright agent, because there may be penalties for false claims.
SECTION 4 – PROHIBITED USES
You shall not use the Site, Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, related Sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose.
In addition to other prohibitions as set forth in these Terms, you shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works based on the whole or any part of the Site, for any purpose whatsoever; (b) modify, adapt, improve, or create any derivative work from the Site or any part thereof or permit the Site or any part of the Site to be combined with or become incorporated in any other programs; (c) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Love Alliance or its affiliates, partners, or suppliers; (d) use the Site in a manner that derives revenue directly from the Site, or use the Site for any other purpose for which it is not designed or intended; (e) distribute the Site to multiple devices; (f) make the Site available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the Site for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any Services, product or software offered by Love Alliance; (h) use the Site to send automated queries to any website or to send any unsolicited commercial e-mail; (i) use any proprietary information, interfaces or other intellectual property of Love Alliance, or its affiliates, partners, or suppliers in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Site; (j) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Site or your device; (k) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Site; (l) copy, reproduce, reuse, upload, post, transmit, or distribute any content presented in or provided by the Site, including, without limitation, for public or commercial purposes, including any text, images, audio, and video; (m) rent, lease, sub-license, loan, distribute, time-share, or translate the Site in any way; (n) sell, resell, or exploit the Site in whole or in part (including object and source code), in any form to any person or entity; or (o) use the Site in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users, or restrict or inhibit any other user from using the Site.
We reserve the right to terminate your use of the Site, or Services for committing any of the prohibited uses.
SECTION 5 – ACCOUNT INFORMATION, PURCHASES, AND MEMBERSHIPS
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your device(s) or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or billing information. You may not use the billing information or identity of another person or entity without proper prior authorization. We reserve the right to refuse service, terminate accounts/memberships, remove or edit content, or cancel orders in our sole discretion without notice.
The Site may offer certain membership services, courses, or programs, by registering for a membership, course, or program you will be subject to any charges and rules set forth in the description of that service or product.
Generally, all sales of our Services and products are final and non-refundable once Services have been rendered and products have been provided. All digital products are final and non-refundable once the purchase has been completed. [See our refund policy – link to a new tab].
SECTION 6 – THIRD-PARTY LINKS
Certain content, advertisements, recommendations, information, products, and Services available via our Site may include materials from or links to third-party websites or Services, which are not controlled or owned by us. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or Sites, or for any other materials, products, or Services of third parties. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party website, site, or service. We do not warrant the offerings of any third-party providers or their sites.
You acknowledge and agree that we shall not be liable, whether directly or indirectly, for any harm, loss, or damages caused or alleged to be caused by or in connection with your use or reliance on such content, goods, resources, transactions, or services available on or through any third-party websites/sites. We strongly advise you to review carefully any third-party’s policies, terms, conditions, and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.
SECTION 7 – USER COMMENTS, REVIEWS, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violating any party’s intellectual property rights or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 8 – PERSONAL INFORMATION AND COLLECTION OF LOCATION
The Site accesses and uses your device location information for our analysis of the geographic dispersion of our services based on the area where your device is located. In addition, this Site collects and uses your name, address, email address, phone number, IP Address, cookie data, device information (such as OS, browser user agent string). It is your responsibility to keep your device and access to the Site secure. If you access the Site from locations outside the United States, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
You agree to receive pre-programmed notifications (location alerts) on your device if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
SECTION 9 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site, or Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
SECTION 10 – DISCLAIMER OF WARRANTIES
The content contained on this Site and the Services, products, resources, and information available through this Site are for educational and general informational purposes only and shall not be understood or construed as professional advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site or the Services, products, resources, and information available through the Site.
While the Company and its owners, agents, coaches, employees, and contractors are professionals and the information provided on this Site relates to issues within the Company’s area of professionalism, the information contained on this Site is not a substitute for advice from a professional who is aware of your individual situation, facts, and circumstances. Nothing available on or through this Site should be understood as a recommendation that you should not consult with a professional to address your particular situation. Neither the Company nor any of its owners, coaches, employees, agents, and contractors shall be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your individual situation. You agree to release and discharge us from any and all claims or causes of action, known or unknown, arising out of your purchase and use of our Services and products.
Your use of this Site, or any suggestions, information or resources available on this Site does not create a professional-client relationship between you and the Company or any of its professionals. The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee agreements, and additional terms are agreed to. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Site.
YOUR USE OF THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, ANY SITE-RELATED SERVICE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. THE SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE SITE AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, COACHES, MEMBERS, MANAGERS AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
NEITHER WE NOR OUR LICENSORS, AND OTHER RELATED PARTIES, OR THEIR RESPECTIVE OFFICERS, AGENTS, COACHES, MEMBERS, MANAGERS, REPRESENTATIVES, AND EMPLOYEES MAKE ANY REPRESENTATION OR WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE; (iv) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF THE SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
SECTION 11 – LIMITATION OF LIABILITY AND INDEMNIFICATION
By using this Site, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site or the resources available for download from this Site. You agree to use judgment and conduct due diligence before taking any action or implementing any plan, strategy, or policy suggested or recommended on this Site.
Not all our Services and products are suited for everyone. The creators of any services/products do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the Site and/or coaching services.
IN NO EVENT SHALL WE OR OUR COACHES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED USING THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
You agree to indemnify, defend and hold Company, as well as our coaches, officers, directors, managers, members, employees, contractors, representatives, and agents, harmless from and against any and all losses, damages, settlements, costs, fees, penalties, causes of action, third party claims, expenses, and all other liabilities, including, but not limited to, attorney’s fees and legal costs, arising out of, related to, or in connection with: (i) your use of the Site or Services, or your connection to the Site; (ii) any material or any other content or information that you submit, post or upload to or transmit through the Site; (iii) your violation or breach of any of these Terms; and/or (iv) your tortious misconduct, including, but not limited to, fraud, misrepresentation, and any other tort or your violation of any law or the rights of any third party. These obligations will survive any termination of your relationship with us or your use of the Site or Services. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You expressly agree to provide us with any such assistance, free of charge, as we may reasonably request with respect to any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
SECTION 12 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and any such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. We may terminate or suspend your account, your access to the Site, our Services, or these Terms at any time without prior notice or liability in our sole discretion for any reason whatsoever, including, but not limited to, your violation of any provision of these Terms. You may terminate these Terms at any time by discontinuing our Services and ceasing to use our Site. Notwithstanding any termination of these Terms, you will remain liable for all amounts due and outstanding up to and including the date of termination. All provisions of these Terms which by their nature are intended to survive the termination of these Terms shall survive the termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
SECTION 14 – NO WAIVER; ENTIRE AGREEMENT; AMBIGUITIES
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site or in respect to our Services or products constitutes the entire agreement and understanding between you and us and govern your use of the Site, and our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 15 – ARBITRATION AGREEMENT
Arbitration. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Disputes“) will be settled by final and binding arbitration between you and Love Alliance. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Notwithstanding anything else contained herein, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Love Alliance are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Love Alliance otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration Agreement” section will be deemed void. Except as provided in the preceding sentence, this “Arbitration Agreement” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. The arbitrator shall be a licensed attorney or retired judge with experience in the law underlying the dispute.
Arbitration Process. If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought.
Arbitration Location and Procedure. The arbitration shall take place in Miami-Dade County, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Love Alliance submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. The party initiating the arbitration must bear the costs and fees related thereto.
Severability and Survival. This arbitration agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable. Therefore, terms of this Arbitration Agreement shall be severed, to the smallest extent possible, if required to uphold the enforceability of this Arbitration Agreement. The Arbitration Agreement is a contractual agreement to mutually arbitrate claims.
SECTION 16 – GOVERNING LAW; JURISDICTION; ATTORNEY’S FEES; JURY TRIAL
These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles. For all claims not subject to the Arbitration Agreement in Section 14, you agree that they will be brought exclusively in the federal or state courts of competent jurisdiction sitting in Miami-Dade County, Florida, and you expressly agree that such courts shall have jurisdiction over you. The prevailing party in any dispute arising hereunder or from your use of the Site, or Services shall be entitled to an award of its reasonable attorney’s fees and legal costs against the non-prevailing party.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND LOVE ALLIANCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU HEREBY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE.
SECTION 17 – CHANGES TO TERMS
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, modify, or replace all or any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or our Services following the posting of any changes to these Terms constitutes your express acceptance of those changes.
SECTION 18 – CONTACT INFORMATION
Questions about these Terms should be sent to us at firstname.lastname@example.org.
ADDITIONAL TERMS AND CONDITIONS
Please read the following terms:
The terms “we,” “us,” “our,” “Company,” and “Love Alliance” refer to LOVE ALLIANCE LLC. These terms and conditions (“Terms”) are in addition to and incorporated into our Terms of Service [insert link to Terms of Service].
You, the client, are solely responsible for creating and implementing your own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and your coaching calls and interactions with us. As such, you agree that we are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by us. You understand that coaching is not therapy and does not substitute for therapy if needed, and does not prevent cure, or treat any mental disorder or medical disease. You are solely responsible for the incorporation of coaching principles into your own life.
You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is your exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed to by you and us.
You acknowledge and agree that to enhance the coaching relationship, you must always communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in our program and courses. You or we may terminate or discontinue the coaching relationship at any time.
This coaching relationship, as well as all information (documented or verbal) that you share with us as part of this relationship, is bound by the principles of confidentiality and we shall hold such confidential information in strict confidence and exercise appropriate caution to maintain its secrecy and to prevent unauthorized use of confidential information and not disclose, discuss, communicate or transmit your confidential information to any person or entity without your prior written consent. However, please be aware that the coach-client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege.
Confidential information does not include information that: (a) was in our possession prior to it being furnished by you; (b) is generally known or available to the public; (c) is obtained by us from a third party, without breach of any obligation to you; (d) is independently developed by us without the use of or reference to your confidential information; or (e) we are required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to us and as a result of such disclosure we reasonably believe there to be an imminent or likely risk of danger or harm to you or others; and/or (g) involves illegal activity. You shall raise any confidentiality questions or concerns with us in a timely manner.
We make no guarantees, representations, or warranties of any kind or nature, express or implied with respect to any outcome or result or the coaching services negotiated, agreed upon, and rendered. In no event shall we be liable to you for any indirect, consequential, or special damages. Notwithstanding any damages that you may incur, our entire liability under these Terms, and your exclusive remedy, shall be limited to the amount actually paid by you to us, under these Terms, for all coaching services rendered through and including the termination date.
By viewing this site, you agree to these Terms.