Terms of Use/Service for altAred LLC

Please read these Terms of Use/Purchase carefully before purchasing,
accessing or using any of our Programs, Products and Services.

Additionally, please review the terms of our Privacy Policy
for how your information is stored and shared.

PARTIES. In consideration of being permitted to use and access any online course, coaching program or other service owned or operated by altAred LLC (the “Services”), and the value you will gain by using and accessing the Services, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or “Client”) and altAred LLC (hereinafter “Company”, “we” or “us”). You and the Company are collectively referred to herein as the “Parties”.
ACCEPTANCE OF TERMS OF PURCHASE. The following Terms of Purchase (“Terms”) govern your use of and access to the Services. These Terms are legally binding and it is your responsibility to read them before you begin to use or access the Services. Your act of purchasing or using the Services constitutes your acceptance of these Terms, including any modifications or updates that Company may make to these Terms from time to time. Any such modifications or updates will be effective immediately upon notice to you, which may be given by any reasonable means including via email or through an update posted on a website provided by Company. By purchasing or using any of our Services, you also agree to abide by our Website Terms and Conditions and Privacy Policy, and any other terms and conditions that may apply, and are you are required to act in accordance with them.
CLIENT RESPONSIBILITY. As part of your participation in the Services, you are expected to complete the requisite work assigned throughout any online course or group coaching service. There is no guarantee for success as Client is responsible for completing work and following the Company’s recommendations.
TERM. This Agreement shall be in force for a period of twelve (12) months, beginning the day of Client’s registration for the Services, and ending twelve (12) months from that date.
REGISTRATION AND PAYMENT. In full consideration of Company’s performance, obligations and the rights granted herein, Client agrees to register and make payment in accordance with the instructions on Company’s website. If Client elects to pay in monthly installments, payment shall be automatically collected by Company on a monthly basis. Due to the nature and immediate access to the Services, if Client discontinues participation in the Services, Client hereby agrees to remain responsible for all outstanding payments for the remainder of the Term. Payment will be collected by Company via Credit Card or PayPal through the Company’s website. You hereby give the Company authorization to charge your credit/debit card on file for any outstanding fees. Payment failure will result in termination of the Services, effective immediately. You agree and warrant that all payment instruments, credit cards and related information, i.e. billing address, used in connection with your registration and participation in the Services are correct and that you are authorized to use such payment instrument. You may not resell, assign, or transfer your registration to participate in the Services.
LATE FEES. If Company does not receive payment from you within three (3) calendar days of any payment date, then you will be charged a late fee of 1.5% of the outstanding amount per each day that Company does not receive payment. We reserve the right to cease your access to the Services immediately and permanently. If you fail to make payment in a timely manner in accordance with these Terms or voluntarily decide to terminate your participation in our Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Services.
CHARGEBACKS. You are to make every attempt to file for a refund prior to attempting a chargeback with your financial institution. You will remain responsible for amounts due under this Agreement in the event you dispute payment with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all intellectual property or deliverables afforded to you in exchange for your purchase of the Services. Company reserves the right to present proof of purchase and this Agreement to the financial institution investigating the dispute.
BUSINESS HOURS. Company’s business operating hours are as follows: Monday – Friday from 9:00am to 4:00pm PT. All emails are typically responded to within one business day during Business Operating Hours. If communication is made to Company during the weekend, it will be addressed the following Business Day. Company will be closed on holidays and for vacation(s), which may affect Company’s business operating hours. Company’s closures for vacation are within the Company’s sole authority and discretion.
CLIENT CONFIDENTIALITY. During the course of the Company’sperformance of Services, you may receive, have access to and create documents, records and information of a confidential and proprietary nature to the Company. This confidential information may include but is not limited to Company work product, coaching materials, course materials, company and member financial information, marketing plans and strategies, market research, client and other mailing lists, business transactions, supplier or vendor relationships, contract terms, present and future projects and products, and pricing and cost information, and other information that is not generally known to the public (“Confidential Information”). You acknowledge and agree that such Confidential Information is an asset of the Company, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Company and must be kept strictly confidential and used only in the performance of your performance under this Agreement. You agree that you will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except as otherwise directed by Company in the course of your performance under this Agreement, and thereafter only with the written permission of Company. You shall notify the Company immediately in the event you become aware of any loss or disclosure of any Confidential Information. Upon termination of this Agreement or upon the request of Company, you will return to Company all of the Confidential Information, and all copies or reproductions thereof, which are in your possession or control. You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with the Company in a timely manner.
CANCELLATION POLICY. If you cancel your participation in the Services for any reason, we will not issue any credits or refunds of the registration fee(s) due to the immediate and direct access to the Services, without exceptions. If you wish to terminate your participation in the Services, you may do so at any time by contacting Company via email at yes@amarylisfernandez.com. In the event of cancellation or termination by you or Company, either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to Company. We reserve the right in our sole discretion to refuse or terminate your access to the Services, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Services. Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Services, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Services at any time without notice and in our sole discretion.
FORCE MAJEURE. If either Party hereto is unable to perform any of its obligations, with the exception of payment, by reason of fire or other casualty, strike, act or order of public authority, global pandemic, administrative order by governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. COVID-19 and any related governmental orders or shutdowns are known phenomena and not Force Majeure events. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.
INTELLECTUAL PROPERTY RIGHTS. All content, materials and features displayed or provided in connection with the Services, including but not limited to information, software, images, text, designs, graphics, video, audio, written materials, presentations and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.
NO REPRODUCTION. You may not reproduce, distribute, modify, create a derivative work of, republish, transmit, sell, resell, or exploit any of the material displayed or provided in connection with the Services.
LIMITATIONS ON LINKING AND FRAMING. You may establish a hypertext link to our Website so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link Company’s content without our written permission.
MEDIA RELEASE. By participating in our Services, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain your image, your voice and/or your likeness. Please note that these postings and recordings will be shared with other members who purchased our Services.
FACEBOOK GROUPS. The Services may come with access to a private Facebook Group operated by Company. These Terms apply to the Facebook Group. Further, you understand that Facebook is a public third party platform and therefore, we cannot guarantee your privacy for things that you voluntarily share in the group, as other group members will also see what is posted.
THIRD PARTY WEBSITE LINKS. We may provide links to other websites maintained by third parties that may take you outside of our Services. These links are provided for your convenience and the inclusion of any link in our Services to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Services. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
PRIVACY. You agree that all information you provide to register for the Services, including, but not limited to, through the use of any interactive features on the Company’s website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
USER CONTRIBUTIONS. If you submit a comment, photo, video, or other materials to Company in connection with the Services, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission. If you submit a testimonial, Company may use, copy, exhibit, publish, and distribute the testimonial, in whole or in part, in print (including packaging), television, radio, film, digital media (including internet, social media, websites, and apps), and in all other media now known or hereafter existing for advertising, marketing, publicity, and promotion of Company and its Services that is the subject of the testimonial and all other commercial business purposes. Company may modify the testimonial so long as the original content is not significantly altered or misrepresented. Company is under no obligation to actually use the testimonial and has the right to use the testimonial either with or without your name. You agree that any testimonial submitted by you is true and accurate and reflects your personal experiences and honest beliefs. You agree that any testimonial was made of your own free will. You agree to defend, hold harmless, and release Company, its officers, directors, agents, and employees from all claims, demands, and liabilities of any kind arising out of or in connection with Company’s use of your testimonial, including without limitation, claims based upon invasion of privacy, defamation, or right of publicity. You agree that you will not make any claim against Company for its use of your testimonial.
PASSWORDS. To use or access the Services, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Services, Company website, any private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately deactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
GENERAL DISCLAIMER. To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services or that the Services will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company
warrants that the Services or its related content will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Services are for informational and educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or by
anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. The Services should not be construed as medical, legal, or financial advice.
WARRANTIES DISCLAIMER. Your use of the Services or items obtained throughout your participation in the Services is at your own risk and are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
EARNINGS DISCLAIMER. While we may reference certain results, outcomes or situations in connection with the Services, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements made or the likelihood of success for you as a result of these statements. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your participation in the Services or your access, purchase or completion of any material provided relating to the Services. Any results provided in connection with the Services are not guaranteed or typical.
TECHNOLOGY DISCLAIMER. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. We cannot guarantee that all information provided in connection with the Services is completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.
MEDICAL DISCLAIMER. The Services are not to be perceived as or relied upon in any way as medical advice or mental health advice. The
Services are not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Services or received by us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
LEGAL AND FINANCIAL DISCLAIMER. The information provided through our Services is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Services.
WARRANTIES AND REPRESENTATIONS. Parties represent and warrant to each other that each is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between either Party and any third party. The Parties represent and warrant to each other that each is at least 18 years of age at the time of execution of the Agreement.
ASSIGNMENT. This Agreement is personal to each of the Parties. No rights or obligations may be assigned or delegated by either Party at any time, unless such assignment is in writing and signed by both Parties.
ASSUMPTION OF RISK. By participating in and accessing the Services, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you.
INDEMNITY AND RELEASE. You agree to indemnify, defend and hold harmless Company, its affiliates, employees, agents, licensors, and service providers from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of your use of and participation in the Services, including but not limited to your User Content, any use of the Company’s website’s content, Services, or your use of any of the information obtained from the Services.
LIMITATION ON LIABILITY. You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
WAIVER. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim you may have arising out of or relating to these Terms of Purchase or the Services must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
SEVERABILITY. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.
NOTICES. All notices, claims, and demands made upon Company under this Agreement must be in writing and addressed to Company at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.
Notice to Company: altAred LLC
Attention: Amarylis Fernandez
yes@amarylisfernandez.com
ENTIRE AGREEMENT. These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms). The English version of these Terms will control if there is any conflict.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.
MEDIATION. In the event a dispute shall arise between the Parties that is related to or arises out of these Terms, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in Portland, Oregon or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute. Prior to seeking mediation, you must send an e-mail to us at yes@amarylisfernandez.com and include all of your reasons for dissatisfaction with the Services. You understand and agree now that the only remedy that can be awarded to you through mediation is full refund of your payment(s) made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you.
ANTI-DISPARAGEMENT. In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage the Company, its officers, employees, vendors, client, or any of the Services.
JURISDICTION AND VENUE. If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, either party may file suit in a court of competent jurisdiction in the state or federal courts of Oregon and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

If you have any questions about any term of these Terms of Use,
please contact us at yes@amarylisfernnadez.com .
Thank you.