This agreement is made between A POR ELLO, LLC (the “Company”) and you (the “Client”) (collectively known as the “Parties”).
Both Parties Agree to the following:
Coaching is an ongoing, co-creative relationship between a coach and a client. Coaching increases the Client’s opportunity for success through changing habits and thinking, and creating possibilities. Together, the Parties create more power for the Client to effect meaningful change and take dynamic actions towards the Client’s goals.
Coaching facilitates a process of personal, professional and emotional/spiritual development. It is for individuals who are emotionally and psychologically healthy and who want to make changes to move forward with their lives. Coaching is not therapy or counseling or a substitute for either.
By entering into this relationship, the coach and Client acknowledge that the Client wants to make significant progress and change in her life. The Client will treat the coaching relationship as the valuable investment that it is. Protecting this investment means showing up to every session and being ready to engage and take meaningful action. The coach will be prepared for each coaching session and holds this time especially for the Client. With this understanding, please be aware that there are NO REFUNDS for RETO 21 DIAS PUEDES HACERLO weight loss program and/or coaching services purchased and/or provided. See the ‘refunds’ section for all the details on the 30-day customer guarantee.
CLIENT COMMITMENT STATEMENTS:
I commit to do the following: Watch each new training module weekly – in its entirety with 100% attention and engagement (26 total training modules - one new module per week).
- Update weight tracker weekly – this will help me not only with my commitment level but also to truly become an expert on my body because I won’t just be tracking my weight, I’ll be tracking and taking note on other observations and patterns.
- Plan and track daily – as instructed throughout the course of the program including, but not limited to: weight, food, and thoughts/feeling for the duration of my 26 week transformation program.
AS THE CLIENT I also understand the following:
- I am responsible for creating my results – I understand that the Company and PUEDES HACERLO program will provide me with the tools and strategies necessary to create my desired results, but I am 100% responsible for taking action, implementing the tools, and doing the daily personal work necessary in order to create a permanent transformation.
- The more consistent I am, the more consistent my results will be – I understand that consistency is required for a significant change to occur in my results. I am aware of this and am committed to be consistent in taking action and making the choices necessary to make things happen for myself.
Scope of Services
The Services shall be delivered:
- Weekly accountability/online coaching support (via group video calls).
- Accountability with ongoing access during the duration of coaching
- Client is responsible for tracking weight and food log daily.
- Coach will provide feedback on a weekly basis.
- Access to RETO 21 DIAS private facebook group.
IMPORTANT: If you do NOT post, the coach is not able to provide coaching and/or give feedback. Your level of commitment enables the coach to provide adequate and necessary feedback for the duration of the 26-week program. You are 100% responsible for posting this information and it is REQUIRED to be posted on a weekly basis.
You will receive the link to request access to the private facebook group so that you can access the materials and complete the suggested exercises. Each module will equip you with the nutritional information and mindset strategies to truly transform this area of your life in a way that is simple, permanent and deprivation free.
The coaching relationship is built on trust. The coach agrees to keep all conversations and information with the Client private and confidential. Coaching works best when the Client feels free to be completely open and honest with the coach. The only exceptions to confidentiality are if the Client wishes the coach to speak with another professional, and provides a release to do so verbally and/or in writing for threats of serious injury to self, another individual, or child abuse.
The Parties signatures on this agreement indicate a full understanding of, and agreement with, the information outlined above.
I, “Client” hereby enter into this Waiver and Release of Liability Agreement (“Agreement”) with A POR ELLO, LLC (the “Company”). The Client acknowledged that there are risks involved in participating in any weight-loss program and understands that the Company recommends that the Client obtain authorization from their medical provider prior to beginning the Company’s weight-loss program.
Client agrees, today and on all future dates, that they are voluntarily participating in the Company’s weight-loss program and assumes all associated risk (including, but not limited to, death, paralysis, heart attack, and injury to bones, joints, or muscles), the contraction of any illness or medical condition that might result.
Accordingly, the Company shall not be liable in any way for any associated risks or injury to the Client and the Company shall not be subject to any claim, demand, injury, or damages whatsoever, including, without limitation, those demands resulting from any acts of negligence on the part of the Company.
In consideration of Clients participation in the Company’s weight-loss program, the Client on behalf of themselves and on behalf of their executors, administrators, successors, and assigns, does hereby expressly forever release and discharge the Company, its successors and assigns, as well as its officers, owners, agents, employees, independent contractors, or others from all claims, demands, injuries, damages, or causes of action arising out of or in connection with the Company’s negligence. This Agreement includes, without limitation, risks associated with nutritional/weight-loss coaching, diet and/or exercise.
The Client further agrees to save, indemnify, and hold harmless the Company, from all costs and expenses, including its reasonable attorneys’ fees, arising from claims and demands, which are the subject matter of this Agreement.
Client is aware that the Company does not provide any kind of insurance for their benefit in connection with the Company’s weight-loss coaching program. Client understands that this Agreement is intended to be as broad and inclusive as permitted by the law and agrees that if any portion is held invalid, the remainder of the Agreement will continue in full legal force and effect.
WE HAVE NO REFUND POLICY.
If the Client purchases a weight loss coaching program and is unable to complete the purchased program for any reason, including illness, extenuating circumstances, and/or deciding that they are no longer interested in the program and/or their weight loss goal. The Client can request to put their participation and/or completion of the program on hold for the remaining time at a later date. However, NO REFUNDS WILL BE GIVEN.
7 DAY CUSTOMER GUARANTEE
Our 7 day customer guarantee is the ONLY refund exception. PLEASE READ IN DETAIL THE REQUIREMENTS of the 30 DAY CUSTOMER GUARANTEE because the requirements and conditions for the 7 day money back qualification are very specific in order to qualify for the 7 day money back guarantee. If the customer is not satisfied with the program and their results after 30 days of consistent committed action, they may be eligible for a refund. Eligibility will be determined based on the following stated requirements. The requirements to be considered for the 30 day money back guarantee are that the Client have PROOF that they have completed ALL of the course related work for the entire first 7 days including DAILY weight and food tracking log (each day, must include ALL daily post requirements as listed above in this client agreement). Client must also provide proof they have implemented the actions. The Client must follow the Program eating formula for the first 7 days and that must be documented in for each of the 7 days. If the Client can provide proof that all coursework has been consistently completed for the entire 7 days and has NOT lost a minimum of 1 pounds, they may be eligible for the 7 day money back guarantee at this time. PLEASE NOTE THE FOLLOWING: The Client may NOT request money back before the 7 day mark.(Clients first 7 days officially start from the day they were boarded onto the program and is given access to the private facebook group.) The reason for this, is that it is necessary to commit to the program process in its entirety for a minimum of 7 days to see any significant results. The Client is NOT eligible for this refund if they have not completed ALL of the course work required for the first 7 days (as specified on this written client agreement and at the end of each trainings module) and must provide PROOF of the work completed. The Client is NOT eligible for this REFUND if they have lost a minimum of 1 pounds by the 7th day mark. A 1 pound weight loss in 7 days is considered significant and a success by healthy weight loss standards. If the client meets the requirements as stated above they may be eligible for the 7 day money back guarantee. To initiate this process Client must email [email protected]
If at any point during the 21 day program a client is experiencing difficulty, they should communicate this to the coaching staff as soon as possible so that the PUEDES HACERLO coaching team can support them in their weight loss process and ensure that they are able to be successful, which is the goal of the program. We are dedicated to our clients success.
NOTICE TO CLIENT- Do not sign this Agreement before you have read it because it contains a RELEASE and WAIVER of claims.
I have read, understood, and agree to adhere to the RETO 21 DIAS PUEDES HACERLO waiver and release of liability agreement as outlined above.
By signing this Agreement, I hereby acknowledge that: (1) I am over the age of eighteen, (2) I have carefully read and voluntarily signed this Agreement, Wavier and Release of Liability, and (3) I understand the Agreement’s terms and conditions.
The materials and content contained in this website, email, related social media, and all online content, are for general health information only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Users of this program and its related online content should not rely exclusively on information provided in this website for their own health needs. All specific medical questions should be presented to your own health care provider.
A POR ELLO, LLC makes no warranties or representations, expressed or implied, as to the accuracy or completeness, timeliness, or usefulness of any opinions, advice, services, or other information contained or referenced in this program. The Company does not assume any risk for your use of this program or any information contained in e-books, emails, messages, posts, comments, social media, or other online content. Users of the website and related online content should be aware that the materials and content contained in this website are only updated periodically; such materials or content may not contain the most recent information available.
The Company reserves the right to update or change information contained in this website/online content at any time. The Company is not responsible for information appearing in hyperlinks.
In consideration for your use of and access to this website you agree that in no event will the Company or any other party involved in creating, producing, or delivering this website or any site linked to this website, including social media, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon the information provided though this website.
All the information on this website and related social media is published in good faith and for general information purposes only. We do not make any warranties about the completeness, reliability, and accuracy of this information. Any action you take upon the information on our website is strictly at your own risk and we will not be liable for any losses and damages in connection with the use of this website or any associated social media post, email, content, or comment.
From our website, you can visit other websites by following hyperlinks to these sites. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all content found on those sites.
Please also be aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control.
TERMS AND CONDITIONS
These Terms and Conditions (the “Agreement”) entered into and effective as of this day of the signed ‘terms and conditions’ represent an agreement by and between (“Client”, “you”, or “your”) and A POR ELLO, LLC (“we”, “us”, “our(s)”, or “APE”) and sets forth the legally binding terms for your access to the PUEDES PROGRAM (the “Program”).
By purchasing access to the Program, you hereby acknowledge, understand, and agree to be bound by the following terms of this Agreement.
The Program may include different components such as videos, audio tracks, PDF’s, live calls, and trainings, teaching materials, and modules. You are granted a non-exclusive, non-transferable, revocable license to access the Program for your personal use only, in accordance with this Agreement. We reserve the right to terminate your license and right to use the Program, without providing any refund, if we determine, in our sole discretion, that you have breached or violated any of the provisions of this Agreement. Without limiting the foregoing, we may, in our sole discretion, limit, suspend, or terminate your participation in the Program, or any of our other programs, including live programs and social media based or digital programs, without refund, if you: (i) become disruptive or difficult to work with; (ii) you fail to follow the program guidelines; or, (iii) you impair the participation of our instructors or participants in our programs.
- Account; Unique Identifier.
During the registration process, you will have a personal access. You are to provide true, accurate, and current information. You agree not to share account information, call-in numbers, passwords, and protected links, copyrighted, exclusive to ‘paying clients only’ ‘instruction materials’ with anyone and you acknowledge that doing so is a material breach of this Agreement. Providing this information gives APE permission to communicate with you to relay special offers, announcements, and information.
You shall pay APE full purchase price, as well as any applicable taxes and fees, through a onetime payment or in payment installments, payable on dates previously agreed. When you make a purchase you authorize us to charge your credit card, debit card, or Paypal account provided in accordance with the payment plan you selected. You must provide complete, current, and accurate payment information and update us promptly should any payment information change. If payment is not received from your credit card issuer, including attorney’s fees and costs, on any outstanding balance, we reserve the right to cancel your order for any reason. Failure to pay required fees may result in APE terminating this Agreement and discontinuing your access to the Program. Your use of the Program after your termination may extend the term of this Agreement and may cause you to incur additional fees. APE is not responsible for any overdraft charges, over limit charges, or NSF fees by your bank or Credit Card Company.
- Total Weight Loss Disclaimer.
APE cannot and does not guarantee or promise any level of weight loss or any specific results from use of the Program. Your level of success in attaining results is dependent upon a number of factors including your level of commitment, participation, and level of implementation and/or active application of strategies which are provided in the program, skill, knowledge, ability, dedication, and time you devote to the Program. APE makes no guarantees that you will achieve any level of results from our ideas, techniques, or models presented by APE, and APE offers no professional medical, psychological, or financial advice.
- Your Content.
We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Program including communications with us directly or through other forums. You expressly acknowledge and agree that once you submit Your Content it will be accessible by others, and that there is no confidentiality or privacy with respect to it, including, without limitation, any personally identifying information that you may make available. YOU ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE PROGRAM, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABLITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR CONTENT. You represent and warrant that you are at least eighteen (18) years old. You grant us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content, including your name, likeness, and photograph in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.
- Privacy and Confidentiality.
We respect your privacy and we must insist that you respect the privacy of fellow Program participants. We respect your confidential and proprietary information, ideas, plans, and trade secrets (collectively “Confidential Information”) and must insist that you respect the same rights of the Program participants and of APE. Thus, you agree: (i) not to infringe any Program participants or APE’s copyright, patent, trademark, trade secret, or other intellectual property rights; (ii) that any Confidential Information shared by Program participants or any representative of APE is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or APE; (iii) not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions; (iv) that all materials and information provided to you by APE are its confidential and proprietary intellectual property, belong solely and exclusively to APE, and may only be used by you as authorized by APE; (v) the reproduction, distribution, and sale of these materials by anyone but APE is strictly prohibited; and (vi) that if you violate or display any likelihood of violating any of your agreements contained in this paragraph, APE and/or other Program participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral and/or written, of all other participants in the strictest of confidence.
- Interactive Features.
It is a condition of your participation in the Program and use of related programs that you do not: (i) restrict or inhibit any other user from using and enjoying the Program and related programs; (ii) use the website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) interfere with or disrupt any servers or networks used to provided APE’s website or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the website; (iv) use the website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person; (v) gain unauthorized access to the website, or any account, computer system, or network connected to this website, by means such as hacking, password mining, or other illicit means; (vi) obtain or attempt to obtain any material or information through any means not intentionally made available through this website; (vii) use the website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law; (viii) use the website to post transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights, or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (ix) use the website to post or transmit any information, software, or other material that contains a virus or other harmful component; (x) use the website to post, transmit, or in any way exploit information, software, or other material for commercial purposes, or that contains advertising; (xi) use the site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; and (xii) gather for marketing purposes any email addresses or other personal information that has been posted by other users of the website.
- Audio and Visual Release.
If initialed below, I authorize APE to use my story as a testimonial and further agree to allow the use of my voice, and likeness captured in any programs via photograph, audio or video, using any technology known or unknown, to be used for future products and/or marketing without compensation to me. I understand and agree that all recordings are exclusive rights of APE and I do not ask for or expect compensation for the use of the recordings or photographs in which I appear or speak. APE owns all rights of any audio, video, and/or photographs captured during the performance of this Agreement.
Client Initial: ______
APE may modify this Agreement from time to time and such modification shall be effective upon posting on the APE website. After modifications are made, you will be submitted a new copy of the agreement for your review, at this time you will agree to either continue services under the new conditions or the agreement will be terminated. You agree to be bound to any changes to this Agreement when you use the services after any such modification is accepted by both Parties.
- Law; Jurisdiction.
This Agreement shall be interpreted and governed according to the laws of the State of New Jersey and the laws of the United States of America without regard to or application of its conflict of law rules or principles. You and we agree that any disputes shall be governed by the laws of the State of New Jersey without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Jersey, County of Middlesex. Either APE or you may demand that any dispute between you and APE about or involving services must be settled by binding arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Middlesex County, New Jersey. The forgoing shall not prevent APE from seeking injunctive relief in a court of competent jurisdiction. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidated with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims (such as a class action, consolidated action, or private attorney general action) unless all relevant Parties specifically agree to do so following initiation of arbitration.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT MUST BE COMMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTIONS ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Force Majeure.
If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts of omissions of carriers, transmitters, providers, vandals, or hackers (a “Force Majeure Event”) the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that you will not be excused from the payment of any sums of money owed by you to APE; and provided further, however, that if a party suffering a Force Majeure Event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
- Disclaimers; Limitation of Liability.
- YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PROGRAM, WHICH IS PROVIDED ‘AS IS’ WIHTOUT REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IMPORTANT: PARTICIPATING IN A NUTRIONAL PROGRAM AND/OR COACHING PROGRAM AND /OR FOLLOWING GUIDELINES/RECOMMENDATIONS MAY RESULT IN PHYSICAL/PSYCHOLOGICAL/EMOTIONAL STRESS THAT CAN LEAD TO INJURY AND/OR ILLNESS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN PRIOR TO ENGAGING IN NUTRIONAL CHANGES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, OR A QUALIFIED DIETITIAN PRIOR TO FOLLOWING ANY DIET, NUTRITIONAL PLAN, OR RELATED ADVICE. APE ACCEPTS NO LIABILITY FOR THE CONTENT AND PROCESS, OR THE CONSEQUENCES OF ANY ACTIONS TAKEN ON THE BASIS OF THE INFORMATION AND/OR COACHING PROVIDED.
- WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROGRAM, THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABLITY FOR ANY DELAYS OR INTERRUPTIONS OF THE PROGRAM FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE PROGRAM AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREN, APE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO APE FOR THE PROGRAM. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, APE’S MAXIMUM LIABLITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PROGRAM, OR (II) $100.
- Intellectual Property.
The Program contains material such as videos, audios, PDF’s, coursework, plans, modules, photographs, live trainings, graphics, images, and other materials provided by APE, (collectively the “Content”). This Content is copyrighted and may not be reproduced in any form, or by any means, without the express written permission of APE. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the Content for public or commercial purposes without the express written permission of APE. The trademarks, logos and service marks (collectively “Trademarks”) displayed within the Content are registered and unregistered Trademarks of APE and other third Parties that have authorized the use of such Trademarks. Nothing contained in the Content or on the APE website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of APE or the appropriate third party. Your use of the Trademarks displayed on the materials, or any other Content on the website, except as provided in these terms and conditions, is strictly prohibited.
- Digital Millennium Copyright Act.
If you believe that any of the Program contains content that infringes on your copyright, please forward the following information by email to [email protected] Please provide the following: (1) your address, phone number and email; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the alleged infringing material is located; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (5) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (6) 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 authorized to act on the copyright owners behalf.
You agree to indemnify and hold APE, its subsidiaries, and affiliates, and their officers, agents, attorneys, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of: this Agreement, your use of the Program, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any of Your Content that you post within or related to the Program that causes APE to be liable to another.
This agreement represents the entire Agreement between you and us related to the Program and prevails over any prior or contemporaneous, conflicting, or additional communications, whether written or oral with respect to the subject matter. You may receive a copy of this Agreement or ask any questions by emailing [email protected]
This Agreement shall be binding upon and shall inure to the benefit of the respective Parties hereto, their respective successors-in-interest, licensees, sub-licensees, legal representatives, heirs and assigns. No failure of either party to exercise or enforce any provision or any of its rights under this Agreement shall act as a waiver of that provision, of any provision in this Agreement or of subsequent breaches; and waiver of any breach shall not act as a waiver of subsequent breaches. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, the other provisions of this Agreement will remain in full force and effect. The Parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.
Your failure to use the services after purchase does not void any part of this Agreement. You may not, without the prior written consent of APE, assign this Agreement, in whole or in part, either voluntarily or by operating of law, and any attempt to do so shall be a material default of this Agreement and shall be void. APE’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by APE. Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the Parties to be acting as partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. Except as provided herein, the rights and remedies of APE are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity. This Agreement is solely for the benefit of the Parties and their successors and permitted assigns, and does not confer any rights or remedies on any o other person or entity.
This agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.
I have read, understood, and agree to adhere to the A POR ELLO, LLC terms of service agreement as outlined above.
By signing this Agreement, I hereby acknowledge that: (1) I am over the age of eighteen, (2) I have carefully read and voluntarily signed this Terms of Service, and (3) I understand the Agreement’s terms and conditions.