BY VISITING alexisvayda.COM YOU ARE CONSENTING TO OUR TERMS OF SERVICE.
OVERVIEW
By using alexisvayda.COM referred to as this “Site,” all visitors, referred to as “user,” “you,” and “your,” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to Living In Growth, LLC. (the “Company”), owner of alexisvayda.COM. Accessing this Site constitutes a use of the Site and an acceptance of the Terms provided herein.
By using the Site, you agree to these Terms of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site. Continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.
SITE USE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.
To use the Site, you may be required to provide information about yourself, including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct, and updated. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. In the use of the Site, you must not violate any laws in your jurisdiction.
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
PURCHASE AND REFUND POLICY
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by the Company unless a separate Terms of Purchase Agreement is provided at purchase.
There is a 30-day “try it and see” guarantee. All you have to do is follow along with my videos, fill out the worksheets, and complete the exercises, and if you are still unsatisfied with your purchase, you will receive a full refund.
LIVING IN GROWTH, LLC. INTELLECTUAL PROPERTY
The Site contains intellectual property owned by Living In Growth, LLC., including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the Living In Growth, LLC. / programs.livingingrowth.com name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.
You may view, print, and download one copy of the Materials from this website on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, LIVING IN GROWTH, LLC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE PRECEDING APPLIES EVEN IF THE LIVING IN GROWTH, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LIVING IN GROWTH, LLC. CUMULATIVE LIABILITY TO YOU EXCEEDS $100.
THIRD-PARTY RESOURCES
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for third-party websites or resources’ availability, accuracy, content, or policies. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from using any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees arising out of any breach by you of any of these Terms of Service, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with 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.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You, at this moment, release the Company from any claims, including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
ONLINE COMMERCE
Certain sections of the Site or its Content may allow you to make purchases from other merchants or us. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence, or business dealings with any affiliate, individual, or company can be found on or through our website. All purchase terms, conditions, representations, or warranties associated with payment, refunds, and delivery related to your purchase are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort incurred due to such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant, or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, payment processing company, and merchants from any damages you incur. You agree not to assert any claims against them or us arising from your purchase through or use of our Website or its Content.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be governed by and construed by the laws of the State of Nevada within the United States, regardless of the conflict of laws principles thereof.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Las Vegas, NV, or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be binding and conclusive and not subject to judicial review. It may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
SEVERABILITY
Suppose any term, provision, covenant, or condition of this Agreement is held by any arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable. In that case, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and inure to benefit the parties’ successors and assigns. These Terms of Service are not assignable, delegable, or otherwise transferable by you. Any transfer, assignment, or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and Living In Growth, LLC. The Site and Service supersede all prior and contemporaneous agreements, representations, and understandings. There is no waiver of any of the provisions of this Agreement by Living In Growth, LLC. Shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Unless executed in writing by Living In Growth, LLC, no waiver shall be binding. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have any questions or concerns regarding these Terms of Service, please email hello@alexisvayda.com.
Updated: 9.17.20
