1. Signing Up. To use the Services, you must first create an account (“Account”). You agree to provide us with accurate information for your Account. We may use this information to contact you.
1.2 Protect Your Account. Make sure that others don’t have access to your Account or password. You must notify us of any actual or suspected loss, theft or unauthorized use of your Account of password. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection to your Account.
1.3 Eighteen And Older. The Services are not intended for and may not be used by children under the age of 18. By using the Services, you represent that you are at least 18 years old.
2. Coaching Services. The coaching services being provided to myself and/or my family by Susan Larkin or AF Aloha Coaching are at all times restricted to consultation on the subject of general well-being and are not meant for the purposes of medical diagnosis, treatment or prescribing of medicine for any disease, or any licensed or controlled act which may constitute the practice of medicine. You are aware that Susan Larkin is not a therapist, or counsellor. You also agree that you are responsible for decisions made and all actions taken as a result of coaching sessions.
5.1 We own the Services. These Terms do not grant you any right, title or interest in the Service, content, our logos or other brand features or intellectual property or others’ content in the Service. You agree not to change, translate or otherwise create derivative works of the Services.
5.2 Your Feedback. We can use your feedback, ideas or suggestions (“Feedback”) without any restriction or obligation to you, even after this Agreement is terminated.
6. Our Rights. We need to maintain control over what happens on our services in order to ensure the security and integrity of AF Aloha.
6.1 Handling Disputes. Disputes happen and we try to stay out of them. In cases where disputes over ownership of an account occur we reserve the right at any time and in our sole discretion and without any notice to you determine the rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We may also request documentation to help determine the rightful owner.
8. Copyright. We comply with copyright law and respond to complaints about copyright infringement accordingly. We respect the intellectual property of others and ask that you do the same. We respond to alleged copyright infringement that comply with the law and such notices should be reported to us. You can file a notice by emailing email@example.com.
9. Refunds. You may cancel any Paid Service at any time, you won’t be issued a refund except at our sole discretion.
9.1 Fee Changes. We may change our fees at any time. We will give you advanced notice of these changes via the Services. New fees will only apply going forward from the date of the fee change. If you do not agree with the fee change you have the right to reject the change by cancelling the Paid Service before your next payment date.
9.6 Chargebacks. If you contact your credit card company or bank to reverse a charge or decline a charge for any of our payable fee (“Chargebacks”), we may automatically terminate your Account. If you have any questions about a payment please contact us before filing a Chargeback. We reserve the right to dispute any Chargebacks.
9.7 Payment Processor. We use a third party payment processor (the “Payment Processor”) to bill you using your payment method linked to your Account. The processing of payment is subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We do not control and are not liable for the security or performance of the Payment Processor. You agree to pay us using the Payment Processor the amount then in effect for any purchase in accordance with the applicable payment terms. You agree to pay us using the payment method you have provided via your Account. We reserve the right to correct or instruct our Payment Processor to correct any errors or mistakes even if the payment has already been requested or received.
9.8 Third Party Service Fees. Third Party Services purchased via AF Aloha or not are subject to their own terms and conditions. They may have different policies to ours such as refund policies. All use of Third Party Services are at Your discretion. We do not offer refunds for purchases of Third Party Services.
10. Term And Termination. The Agreement can be ended at any time by either of us.
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement you MUST contact us. To terminate your service you must contact us so that we can cancel your billing. We also reserve the right to suspend or terminate the Service at any time and at our sole discretion and without notice. We may suspend or terminate your use of the Service if you are violating our Acceptable Use Policy.
Every section of this Agreement that by its nature should survive being terminated shall survive being terminated with no limitation inclusive of Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Discourse or Dispute Resolution and Additional Terms and conditions.
11. Warranty Disclaimers. AF Aloha Services are provided as is without warranties or guarantees. We make no guarantees of warranties, implied or expressed about the services provided. The services are provided as is. At no time will any advice or information provided orally or written obtained by you from AF Aloha shall ever create any warranty or guarantee. AF Aloha makes no warranty or guarantee that the services provided will be timely, uninterrupted or error-free, meet your requirements or expectations or be free from harmful components.
12. Limitation Of Liability. In no event with AF Aloha be liable with respect to any claims related to the Services or this Agreement. This includes any damages, loss of profit, revenue or data whether tangible or intangible, any damages related to access to or the inability to access or use the Services, any damages related to the loss or corruption of any content or data. In no event shall the aggregate liability of AF Aloha for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20).
13. Indemnification. You are responsible if you do something that gets us sued and you will cover all costs. To the fullest extent permitted by law, you agree to indemnify and hold harmless AF Aloha from and against all damages, losses and expenses of any kind arising out of or related to your breach of the Agreement, your User Content, Your Site, any claims from your End Users and your violation of any law or regulation or the rights of any third party. This includes attorneys’ fees and costs.
14. Dispute Resolution. You agree to try to work out any dispute with AF Aloha before filing a claim against us by emailing firstname.lastname@example.org with a description of your claim. We will try to resolve the dispute informally by following up via phone, email or other methods. Claims may only be filed on an individual basis and not as part of a class action. You may not bring a claim as a plaintiff of a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney consolidation and general action with other arbitrations are not allowed.
15. Additional Terms. This Agreement is the entire agreement between us regarding your use of AF Aloha. If we change the agreement in a way that reduces your rights we will give you notice and an opportunity to cancel. If you are reading this in a language other than English the English language version will control.
16. Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of Connecticut, without regard to its conflicts of law provisions.