TERMS OF SERVICE 

Effective date: December 18th, 2021

 

OVERVIEW

LOVE ALLIANCE LLC (hereinafter, “we,” “us,” “our,” and “Company), has created the following Terms of Service (“Terms”) to apply to all users of our websites, services, products, content, programs, or online offerings (collectively, the “Services”).

Please read these Terms carefully before accessing or using our Services.  By using our Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section 20, and the Privacy Policy [https://www.apolloniaponti.com/privacy-policy/].  These Terms apply to all visitors, users, and others who wish to access or use our Services.

Any new features or tools which are added to the Services shall also be subject to these Terms. 

SECTION 1 – ACCEPTANCE AND GENERAL CONDITIONS

By accessing or using any part of the 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 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 Services following the posting of any changes, modifications, or updates constitutes your express acceptance thereof. 

Except as permitted in Section 11, to access our Services, you must be eighteen (18) years old or older and have the requisite legal capacity, power, and authority to enter into these Terms.  Our Services, and its content are intended for persons over the age of eighteen (18).  If you do not meet the age requirement described herein, please exit our Services, even if you are accessing the Services with your parent’s or legal guardian’s consent.  If you continue to access our Services, you expressly affirm that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms.

SECTION 2 – RIGHT OF ACCESS; INTELLECTUAL PROPERTY

We grant you a limited, revocable, non-exclusive, non-transferable right to access, review and in some instances print content, from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party.  We reserve the right to terminate or limit your access to our Services for any reason (or no reason) and in our sole discretion.  

You acknowledge and agree that Company, or its licensors, own all legal right, title, and interest in and to the Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files and their selection and arrangement, and any other content (“Materials”), whether registered or not. You further agree that the Materials are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.  You acknowledge that the 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 Materials, including 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 the Materials for commercial purposes; however, you may download certain Materials from the Services solely for non-commercial, personal use by you. 

All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners.  All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.  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 Services.  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 Materials, whether in whole or in part, without prior written permission from Company or the rightful intellectual property owner. 

SECTION 3 – COPYRIGHT INFRINGEMENT POLICY (DMCA)

  1. DMCA Notice. 

If you are a copyright owner or agent thereof and believe that any of our information infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (Act) by notifying us at:  team@apolloniaponti.com 

The notification must include the words “Takedown Request” in the subject line, and must further include:

  • A description of the copyrighted work you claim has been infringed;

  • Information reasonably sufficient to locate the material in question on the Services;

  • 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. 

  1. Counter-Notice.

If you believe that your Information that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the material in your Information, you may send a counter-notice containing the following information to our Agent: 

  • Your physical or electronic signature; 

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 

  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 

  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Buffalo, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by the Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion. 

  1. You acknowledge that if you fail to comply with all of the requirements in this section, your DMCA notice may not be valid, and we may not be able to respond

SECTION 4 – PROHIBITED USES

You shall not use the Services or its content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (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 Services or of any related website, other websites, related services, or the Internet; (h) to collect or track the personal information of others; (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, or scrape, or facilitate the use of any malware or ransomware; (j) for any damaging, obscene, or immoral purpose; or (k) to make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 

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 Services, for any purpose whatsoever; (b) modify, adapt, improve, or create any derivative work from the Services or any part thereof or permit the Services or any part of the Services to be combined with or become incorporated in any other programs; (c) use the Services in a manner that derives revenue directly from the Services, or use the Services for any other purpose for which it is not designed or intended; (d) distribute the Services to multiple devices; (e) make the Services available over a network or other environment permitting access or use by multiple devices or users at the same time; (f) use the Services 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; (g) use the Services to send automated queries to any website or to send any unsolicited commercial e-mail; (h) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Services or your device; (i) 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 Services; (j) rent, lease, sub-license, loan, distribute, time-share, or translate the Services in any way; (k) sell, resell, or exploit the Services in whole or in part (including object and source code), in any form to any person or entity; (l) disclose personal information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information; (m) disclose any recording of our coaching services; or (n) use the Services 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 Services. 

We reserve the right to terminate your use of the Services for committing any of the prohibited uses.

SECTION 5 – ACCOUNT INFORMATION, PURCHASES, AND MEMBERSHIPS 

If you wish to purchase any product, service, course, or membership made available through the Services, you will be asked to register for an account (“Account”) and you may be asked to supply certain information relevant to your purchase, including, without limitation, your e-mail address, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.  You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply is true, correct, and complete.  The Services may employ the use of third-party Services for the purpose of facilitating payment and the completion of purchases.  By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

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 in accordance with the How to Contact Us section below 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 your Account or memberships, or cancel orders in our sole discretion without notice.

The Services 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. 

All purchases, including without limitation, memberships, courses, or programs, are final and non-refundable. [See our refund policy – link to a new tab]. 

SECTION 6 – THIRD-PARTY LINKS

Certain content, advertisements, recommendations, information, and products available via our Services may include materials from or links to third-party websites or services, which are not controlled or owned by us.  Third-party links on the Services 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 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 AND OTHER SUBMISSIONS

If you participate in a group coaching call or other group activity via video conference, you may be permitted to post information in a chat box or via other functionality  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 Services 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

Your submission of personal information through the Services is governed by our Privacy Policy. Please review our Privacy Policy at [https://www.apolloniaponti.com/privacy-policy/] for more detailed information.

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 Services that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, promotions, offers, 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 Services 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 Services, including, without limitation, pricing information, except as required by law.  No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services has been modified or updated.

SECTION 10 – NO PROVISION OF LICENSED PROFESSIONALS 

The content contained on the Services, products, resources, and information available through the Services are for educational and general informational purposes only and shall not be understood or construed as professional advice provided by a licensed professional, such as a therapist or doctor. 

As part of our Services, we may provide coaching, data, or other advice via our Materials or as part of our coaching, but these Services are not the same as Services you may receive from licensed professionals.  We do not provide access to licensed professionals or emergency services and the information contained on the Services is not a substitute for advice from a licensed professional. Your use of any information provided by the Materials or as part of coaching services is at your sole risk and Company disclaims all liability arising from any actions you take in reliance of the information we provide.  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 the Services or for any damage you may suffer as a result of failing to seek competent advice from a licensed professional. 

Your use of the Services, or any suggestions, information, resources, or other Materials available on the Services does not create a professional-client relationship between you and the Company or any personnel, including without limitation coaches.  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 the Services. 

SECTION 11 – COACHING TERMS

If you sign up for or agree to receive coaching services from us, these terms apply to you.  

You 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 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.

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. 

SECTION 12-COACHING OF MINORS

Our Services are not designed to be used by minors (persons under the age of 18) but we may, in our sole discretion, provide coaching to minors on a case-by-case basis.  We reserve the right to refuse coaching to any person, including minors.

If we agree to coach a minor, the parent or guardian must sign documentation showing consent for the coaching and may be required to attend part or all of the first session of coaching.

Communications between coaches and clients who are minors (under the age of 18) are confidential.  However, parents and other guardians who provide authorization for their child’s coaching are often involved in their sessions.  Consequently, your coach, in the exercise of her professional judgment, may discuss the coaching of a minor client with the parent or caretaker. Clients who are minors and their parents are urged to discuss any questions or concerns that they have on this topic with their coach.

SECTION 13- DISCLAIMER OF WARRANTIES

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 HARMFUL CODE; (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 14 – LIMITATION OF LIABILITY AND INDEMNIFICATION

By using the Services, you accept personal responsibility for the results of your acts and omissions. You agree to use judgment and conduct due diligence before taking any action or implementing any plan, strategy, or policy suggested or recommended on the Services.

Not all our Services and products are suited for everyone, and we have the right to refuse to provide services to any individual.  Additionally, we develop our Services for the benefit of men, so we generally do not provide Services to women except on an individualized (i.e., not group-based), case-by-case basis.  We may provide guest speakers as part of our Services.  Attending our sessions with guest speakers is entirely optional, and we will have no liability with respect to the content of any guest speaker’s presentation or actions you take in reliance of such content.  We expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the Services 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.

IN ANY EVENT, THE AGGREGATE LIABILITY OF US UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

You agree to indemnify, defend and hold Company, 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 Services, or your connection to the Services; (ii) any material or any other content or information that you submit, post or upload to or transmit through the Services; (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 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 15 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision 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 16 – 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 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 Services.  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 17 – CANCELLATION OF ACCOUNT BY YOU

You can cancel your account anytime within the dashboard of your account or by emailing us at team@apolloniaponti.com.  If you are enrolled in one of our auto-renewing services or memberships, you must cancel before the automatic renewal date to avoid incurring fees for the upcoming services period.  We do not provide refunds for purchases, including for products, programs, and memberships, except as expressly described in our Refund Policy.  Termination of your account will not relieve you of any payment obligations arising before the date of termination.  

SECTION 18 – REFUND POLICY

LOVE ALLIANCE LLC wants you to be completely satisfied with the products and coaching services you have ordered, and our Online Client Services Team will be happy to assist you with eligible returns.  If you have any problems with our products or services you have ordered, please contact our Online Client Services Team at team@apolloniaponti.com.  Details of your legal right to cancel your order with us, and an explanation of how to do this, are set out below.

 

Refunds for Products

You may return products purchased via our Services to us and receive a full refund of the price paid for the products if you are not satisfied provided that you return the products to us within 14 days of the products being delivered to you. 

If you want to return products to us, please tell us by contacting our Online Client Services Team at team@apolloniaponti.com.  We will send you an email to confirm that we have received your return request.  You may wish to keep a copy of this (and any emails you send to us) for your own records.

You will receive a full refund of the price you paid for the products and any applicable delivery charges you paid for.  We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which we receive the returned Products.  We will refund you on the credit card or debit card that you used to pay.

You will be responsible for the cost of returning the products to us and return shipping fees are not refundable. You are solely responsible for taking reasonable care of the products until they are returned to us.  We recommend that you return them to us using a recorded delivery service and that you keep proof of postage.  We will be unable to provide you with a full refund if the products are not returned to us or if they are damaged when they arrive.

Refunds for Algorithm of Attraction 

We hope that all users that purchase the Algorithm of Attraction (“Program”) have their personal life and love life transformed through the Program. 

If, within fourteen days of signing up for the Program, you are not fully satisfied, you may be entitled to a refund of the money you’ve paid us under this Agreement for the Program less any external fees, subject to the following conditions: (i) you submit your refund request by 11:50 PM Eastern US Time on the 14th day after your purchase of the program; (ii) you provide all of your coursework as part of your request, which must be fully completed through the 14th day of the program (so we can be sure you gave it your all); and (iii) you provide information regarding why the program didn’t work for you as part of your request (so we can learn and improve).  After you submit your materials, all refunds are within the company’s sole discretion as to whether to grant or deny the refund request. Do not enroll in The Algorithm of Attraction if you just want to “check it out.” We put an extraordinary amount of time and effort into this Program, and we expect you to do the same.  The Algorithm of Attraction is for serious students ONLY! 

Gifted memberships are not eligible for a refund. 

For the Algorithm of Attraction alumni members who purchased The Algorithm of Attraction in any prior calendar year or month, the refund deadline according to your terms of purchase has passed and you are no longer eligible for a refund. 

No Refunds for Membership 

Generally, all charges for purchases and fees for our membership are non-refundable, and there are no refunds or credits for partially used membership periods for our coaching services.  However, if we determine that you are not a good fit for the membership, we reserve the right to cancel or discontinue our membership services and we may provide you with a refund accordingly. 

There is a no-hassle and cancel at any time for our membership services. 

Refunds for Coaching Services

Generally, all charges for purchases and fees of our 1-1 coaching services are nonrefundable, and there are no refunds or credits for partially used membership periods for our coaching services.  We may make an exception, at our sole discretion. 

If you want to request a refund for our coaching services, please tell us by contacting our Online Client Services Team at team@apolloniaponti.com.  We will send you an email to confirm whether you are eligible for such a refund request. 

If we determine that we are not a good fit for you, we reserve the right to cancel or discontinue our coaching services and may provide you with a refund accordingly. 

If you have any questions about our refund policies, please contact us via email at team@apolloniaponti.com


SECTION 19 – NO WAIVER 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.  Any ambiguities in the interpretation of these Terms shall not be construed against us.

SECTION 20 –ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

A. Arbitration Notice

You and Love Alliance agree that if there is any dispute or claim arising from or related to our Services, these Terms & Conditions, and/or the Privacy Policy it will be resolved by confidential binding arbitration in Miami, Florida, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice.  The Notice to the Company should be sent to:  Love Alliance LLC, _20000 E Country Club Dr Unit 108N _Aventura FL 33180__.  This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and the Company are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would.  YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. 

The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be held in the State of Florida or at another mutually agreed location.  If the value of the relief sought is $10,000 or less, you or us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant.  Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law.  The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms & Conditions to the contrary, you and us agree that if us makes any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change.  Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms & Conditions containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.  If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.  We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

B. Claims and Disputes Must be Filed Within One Year

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises.  This section applies to you and your heirs,

SECTION 21 – GOVERNING LAW; JURISDICTION; ATTORNEY’S FEES

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 Services, 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.

SECTION 22 – 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 Services.  It is your responsibility to check our Services periodically for changes.  Your continued use of or access to our Services following the posting of any changes to these Terms constitutes your express acceptance of those changes.

SECTION 23 – HOW TO CONTACT US

If you have any questions about these Terms or other policies on our Services, please contact us at: team@apolloniaponti.com or 424-239-4800.