Privacy and Terms of Agreement

True Beauty Coaching LLC Privacy Policy

Please read this Privacy Policy carefully before using this website.

Privacy Policy Consent
The website and its content is owned by True Beauty Coaching LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of www.paulalacobara.com (“Website”).

This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data (as defined below) used to access this Website. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Website shall be limited to the purposes under this Privacy Policy and our Terms of Use for customers.

Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. In the event of a material change, we will let you know via email and / or a prominent notice on our Website.

Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy. By using our Website or its content, you consent to this Privacy Policy, whether or not you have read it.

Information We May Collect
We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content. We will only collect the minimum amount of information necessary for us to fulfill our obligation to you. We may collect:

  1. A name and an email address so we can deliver our newsletter to you – you would be affirmatively consenting to this by providing this to us in our contact forms.
  2. Billing information including name, address and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation.
  3. A name and an email address if you complete our contact form with a question. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question.
  4. Information from you from a co-branded offer. In this case, we will make clear as to who is collecting the information and whose privacy policy applies. If both / all parties are retaining the information you provide, this will also be made clear as will links to all privacy policies.

Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at support@paulalacobara.com.

If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or content.

Other Information We May Collect:

Anonymous Data Collection and Use
To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.

Use of “Cookies”
We may use the standard “cookies” feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended.

What We Do With Information We Collect

Contact You

We may contact you with information that you provide to us based on these lawful grounds for processing:

  1. Consent. We may contact you if you give us your clear, unambiguous, affirmative consent to contact you.
  2. Contract. We will contact you under our contractual obligation to deliver goods or services you purchase from us.
  3. Legitimate Interest. We may contact you if we feel you have a legitimate interest in hearing from us. For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar. You will always have the option to opt out of any of our emails.

Process Payments
We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third party payment processors that take the utmost care in securing data and comply with the GDPR.

Targeted Social Media Advertisements
We may use the data you provide to us to run social media advertisements and / or create look-alike audiences for advertisements.

Share with Third Parties
We may share your information with trusted third parties such as our newsletter provider in order to contact you via email, our merchant accounts to process payments, and Google / social media accounts in order to run advertisements and our affiliates.

Viewing by Others
Note that whenever you voluntarily make your Personal Data available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting in a Facebook group that we manage, sharing details on a group coaching call, etc.).

Submission, Storage, Sharing and Transferring of Personal Data
Personal Data that you provide to us is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, newsletter provider, payment processors or team members).

It is important to note that we may transfer data internationally. For users in the European Union, please be aware that we transfer Personal Data outside of the European Union. By using our Website and providing us with your Personal Data, you consent to these transfers in accordance with this Privacy Policy.

Data Retention
We retain your Personal Data for the minimum amount of time necessary to provide you with the information and / or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations.

Confidentiality
We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.

Passwords
To use certain features of the Website or its content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.

You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.

We will use our best efforts to keep your username and 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.

How You Can Access, Update or Delete Your Personal Data
You have the right to:

  1. Request information about how your Personal Data is being used and request a copy of what Personal Data we use.
  2. Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed.
  3. Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).
  4. Withdraw your consent at any time to the processing of your Personal Data.
  5. Lodge a complaint with a supervisory authority if you feel we are using your Personal Data unlawfully.
  6. Receive Personal Data portability and transference to another controller without our hinderance.
  7. Object to our use of your Personal Data.
  8. Not be subject to an automated decision based solely on automatic processing, including profiling, which legally or significantly affects you.

Unsubscribe
You may unsubscribe from our e-newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at support@paulalacobara.com.

Security
We take commercially reasonable steps to protect the Personal Data you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Data. That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, we will inform you immediately.

Anti-Spam Policy
We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.

Third Party Websites
We may link to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data.

Children’s Online Privacy Protection Act Compliance
We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content is directed to individuals who are at least 18 years old or older.

Notification of Changes
We may use your Personal Data, such as your contact information, to inform you of changes to the Website or its content, or, if requested, to send you additional information about us. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Website, its content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy. Please review this Privacy Policy periodically. Continued use of any of information obtained through or on the Website or its content following the posting of changes and/or modifications constituted acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact you via email or by a prominent note on our Website.

Data Controller and Processors
We are the data controllers as we are collecting and using your Personal Data. We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR- compliant.

If you have any questions about this Privacy Policy, please contact us at:

True Beauty Coaching LLC
PO Box 141
Hoboken, New Jersey 07030
United States

Support@paulalacobara.com.

Last Updated: May, 2018

 

PAULA LACOBARA

WEBSITE USE TERMS AND CONDITIONS

The following Terms of Service Agreement (“Agreement”) constitutes a binding legal contract.  Please carefully read these terms as they affect your legal rights.  You (hereinafter, “Client,” “You,” and/or “Your”) are invited to consult with counsel prior to accepting the terms of this Agreement.  Before You use the services provided by PAULA LACOBARA, an individual (hereinafter, “Paula Lacobara” and/or “Company”) (including www.paulalacobara.com and its related websites), You must read and accept all of the terms and conditions in, and linked to, this Agreement.

By using the services on Company’s websites (including www.paulalacobara.com (hereinafter, the “Website”) and other related websites (collectively, the “Websites”) and/or clicking “I Agree” below, You are agreeing to the following terms, including those available by hyperlink, (the “Agreement” or “Client Agreement” or “Terms of Use” or “TOS”) with Company and the general principles for the Website(s). 

By entering and using the Website(s), You agree to abide by the following terms and conditions:

AMENDMENTS: Website and Company retain the right to amend the terms of this Agreement without prior consent of or notice to the Client.  Additionally, when using particular services owned and/or operated by Paula Lacobara, You are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time

ELIGIBILITY: Company’s services are only available to persons who can form a legal binding contract. Website and/or any such services provided by Paula Lacobara not available for use by minors (under 18) without parental consent.  By entering the Website, using Paula Lacobara’s services, and/or entering this Agreement, You certify that You are of legal age and not restricted to using the Website by any United States or International law, or otherwise by any other law, agreement, or regulation. 

You also agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or if Paula Lacobara has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Paula Lacobara has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof). Paula Lacobara is concerned about the safety and privacy of all her Clients.

MEMBER ACCOUNT, PASSWORD AND SECURITY: You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Company of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Company is not responsible for any breaches of security or damages resulting from the Client’s failure to protect account and password information. 

By signing up for Paula Lacobara’s coaching services and providing Company with Your information, You certify that all information is completely accurate to the best of Your knowledge.  You certify that Your name, e-mail address, address, and any further such information are accurate.  You further certify that You are signing up with Paula Lacobara for legitimate purposes and not to commit fraud.  If Company discovers any fraud being perpetuated through its system, Company reserves the right to refer cases to the United States Department of Justice and other governing authorities. 

NO RESALE OF SERVICES PERMITTED: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Paula Lacobara Coaching ID), use of the Service, or access to the Service.

RESERVATION OF RIGHTS: Company and Website reserve the right to suspend, discontinue or terminate any user’s and/or Client’s membership or listing at any time and may be implemented immediately without notice. Some examples include but are not limited to the breach of this Agreement, member misconduct, if Company cannot verify or authenticate any or some of the information You provide, or any other reason that Website assumes.

FEES AND CREDITS: Fees are subject to change without notice. However, Website will notify existing Clients in advance of any fee changes that would affect their current listings. Credits are considered and issued on an individual basis, depending on circumstances. Company and Website reserve the right to place third party advertisements on any page within our site.

INTELLECTUAL PROPERTY: COPYRIGHTS AND PATENTS: All content included within this Website such as text, graphics, logos, design and images are the property of Paula Lacobara and are protected by United States and international copyright and patent laws.  The internal code and graphics displayed on the Website are the copyrighted proprietary property of Paula Lacobara.  No license to use any of the foregoing is expressed or implied.  Parties infringing the forgoing shall be subject to prosecution under the intellectual property laws of the United States. 

In the event that any content is provided to Client, Paula Lacobara grants You a limited personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service.

GENERAL PRACTICES: You acknowledge that Paula Lacobara may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that documents, or other uploaded Content will be retained by the Service, the maximum number of files and/or documents that may be uploaded by an account on the Service, the maximum size of files and/or documents that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Company’s servers on Your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to modify these general practices and limits from time to time.

SYSTEM: Company and/or Website will not be held responsible for any information, loss, or damages resulting from system failure due from any external or internal devices, acts of nature, or acts of God. Client may not use any device that interferes with the proper working of Website. Client agrees not to disclose password to a third party and understands that any and all actions taken under Your password are your responsibility.

USE OF PAULA LACOBARA’S COACHING SERVICES: Any and all coaching services rendered to Client by Company shall be governed by the terms and conditions set forth herein.

PAULA LACOBARA’S SERVICES: Upon execution of this Agreement and receipt of advance deposit from Client, Paula Lacobara agrees to render life, wellness, and beauty education, consulting, and/or coaching services as more specifically more particularly described on Paula Lacobara’s Website(s) for the services purchased by Client (hereinafter and throughout, “Services”).  The scope of Services rendered by Company pursuant to this Agreement shall be specifically limited to those contained herein, unless a further agreement is reached between the parties for Company to provide additional services for additional compensation.      

COMPENSATION:  Client agrees compensate Paula Lacobara according to the rates posted on the Website for the program(s) selected by Client. 

REFUNDS AND CHARGEBACKS: In the event that Client terminates services prior to the completion of the Services, Client shall be responsible for the entire Fee set forth herein.  To the extent that Client provides Company with Credit-Card information for payment on Client’s account, Company shall be authorized to charge Client’s Credit-Card for any unpaid invoices.  If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.  Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.  Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.    

LATE FEES: Company shall charge a two-percent (2%) late penalty to all balances that are not paid in a timely manner by Client. 

NO SUBSTITUTE FOR MEDICAL TREATMENT.  Client agrees that she/he/it will obtain medical services from the professionals/physicians/health care providers of her/his/its choice.  Client agrees and acknowledges that Paula Lacobara’s Services, and any other services provided by Paula Lacobara, are not in any way intended to be a substitute for medical treatment, and/or skin care or dermatological consulting.  Paula Lacobara does not and shall not provide medical or dermatological services in any way.  To the extent and in the event that Paula Lacobara does provide any medical services or advice, Client agrees that it is Client’s sole and separate responsibility to review such advice with her/his/its chosen professionals/physicians/health care providers prior to making any decisions based on Paula Lacobara’s advice/recommendations.  Paula Lacobara will provide and Client shall receive only general life coaching training, and beauty education coaching services, which comprise general coaching services and are not a substitute for medical treatment or consultation with a dermatologist or any medical doctor.  Client agrees that she/he/it will solely remain responsible for contacting, communicating with, coordinating with, and otherwise retaining the services of her/his/its chosen professionals/physicians/health care providers. Client agrees that she/he/it will remain responsible to be mindful of her/his/its own well-being and health during and while receiving Paula Lacobara’s services and will appropriately seek medical treatment as needed.  Paula Lacobara does not provide medical, dermatological, or psychotherapy services of any sort.  Paula Lacobara is furthermore not responsible for any decisions made by Client as a result of the recommendations made by Paula Lacobara and/or any consequences thereof.  Client further acknowledges that there is no privilege or confidentiality that protects statements made to a life-coach.  Accordingly, disclosure of information received by life-coach does not constitute a violation of this agreement or the common law. 

IN THE EVENT OF A HEALTH CARE EMERGENCY, CLIENT IS HEREBY INSTRUCTED TO IMMEDIATELY CONTACT HER/HIS/ITS PHYSICIAN.  CLIENT SHALL REMAIN SOLELY RESPONSIBLE FOR COMMUNICATING WITH HER HEALTH CARE PROVIDERS, HOSPITAL, AND/OR EMERGENCY SERVICES.

DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he/it retains one hundred percent (100%) responsibility for her/his/its progress and health while receiving Company’s services.  Client accepts and agrees that she/he/it is the one vital element to her/his/its success and that Paula Lacobara cannot control Client and/or Client’s outcome as a result of the services being rendered hereunder in any way. 

Paula Lacobara makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein.  Client accepts that, because of the nature of Paula Lacobara’s services and the fact that her/his/its physician will be primarily responsible for her/his/its well-being, the results experienced by clients significantly vary.  Client accepts responsibility for such variance.  Paula Lacobara and her affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Paula Lacobara shall have no liability whatsoever for any claim relating to any Client’s inability to access the services properly or completely or for any claim related to any errors or omissions in the services. 

PRIVACY POLICY. Company is committed to safeguarding the privacy of its website visitors and hereby sets forth its terms and conditions regarding the use of private personal information, which may be updated from time to time without Client’s prior approval. 

Company collects and uses one more types of the following information: (a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths); (b) information that you provide to us when registering with our website (including your email address); (c) information that you provide when completing your profile on our website including your name, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details); (d) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address); (e) information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use; (f) information relating to any purchases you make of our goods and/or services or any other transactions that you enter into through our website (including your name, address, telephone number, email address and card details; (g) information that you post to our website for publication on the internet (including your user name, your profile pictures and the content of your posts); (h) information contained in or relating to any communications that you send to us or send through our website (including the communication content and meta data associated with the communication); (i) any other personal information that you choose to send to us; and (j) information related to the foregoing items (collectively referred to as “Personal Information”). 

We may use your personal information to: administer our website and business; (b) personalize our website for you; (c) enable your use of the services available on our website; (d) send you goods purchased through our website; (e) supply to you services purchased through our website; (f) send statements, invoices and payment reminders to you, and collect payments from you; (g) send you non-marketing commercial communications; (h) send you email notifications that you have specifically requested; (i) send you our email newsletter (you can inform us at any time if you no longer require the newsletter); (j) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post (you can inform us at any time if you no longer require marketing communications); (k) provide third parties with statistical information about our users; (l) deal with inquires and complaints made by or about you relating to our website; (m)keep our website secure and prevent fraud; (n) verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service); and (o) other uses related to any of the foregoing.  If at any time you wish to terminate our use of such information or cease receiving such notifications, you are instructed to contact the webmaster in writing to process such requests. 

If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.

All our website financial transactions are handled through our payment services provider. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

Disclosing personal information.  We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.  We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy. We may disclose your personal information: (a) to the extent that we are required to do so by law; (b) in connection with any ongoing or prospective legal proceedings; (c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); (d) [to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and (e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.  Except as provided in this policy, we will not provide your personal information to third parties.

Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

Retaining personal information.  Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.  We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.  We will store all the personal information you provide on our secure password and firewall-protected servers.  All electronic financial transactions entered into through our website will be protected by encryption technology.  You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.  You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

Company reserves the right to revise this Privacy Policy without Client’s approval or prior notice. Client expressly acknowledges that no evidentiary or ethical privilege (such as the physician/patient or psychologist/patient privilege) applies to the services provided by Company.  Nothing contained herein shall obligate Company to provide any service or take on any obligation except as expressly set forth herein. 

  

NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth hereinbelow.  In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other. 

NO TRANSFER OF INTELLECTUAL PROPERTY: Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the materials provided by Paula Lacobara.  Paula Lacobara’s copyrighted and/or original materials shall be provided to the Client for his/her/its individual use only and a single-Client license.  Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Paula Lacobara electronically or otherwise without the prior written consent of Paula Lacobara.  All intellectual property, including Paula Lacobara’s copyrighted course materials, shall remain the sole property of Paula Lacobara.  No license to sell or distribute Paula Lacobara’s materials is granted or implied. 

To the extent that Client, Client’s voice, Client’s likeness, or Client’s name are featured in any portions of Paula Lacobara’s publicly accessible website/programs, Client hereby grants an irrevocable and perpetual license to use the same throughout the Universe without any compensation whatsoever to Client.  Client acknowledges and agrees that she/he/it will derive an independent benefit from any such feature and, therefore, need not, shall not, and will not be compensated at all for the same.

LIMITATION OF LIABILITY: By using Paula Lacobara’s services, Client releases Paula Lacobara from any and all damages that may result from anything and everything related to Paula Lacobara’s services. Paula Lacobara’s services are only being provided for general training, support and education. By using Paula Lacobara’s services, Client releases Paula Lacobara from any and all damages that may result from anything and everything related to this Agreement. Client accepts any and all risks, foreseeable or non-foreseeable, arising from this transaction. 

Regardless of the previous paragraph, if Company is found to be liable to Client or a third-party in any way, Company’s liability to Client or to any third party is limited to the total fees Client paid to Company in the twelve (12) months prior to the action giving rise to the liability.  All claims against Paula Lacobara must be lodged with the entity having jurisdiction within one (1) year of the date of the first claim or otherwise be forfeited forever. 

Client agrees that Paula Lacobara will not be held liable for any damages of any kind resulting or arising from including but not limited to direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Paula Lacobara’s services. Client agrees that use of this service is at Client’s own risk.

TERMINATION: In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable.  Paula Lacobara shall be allowed to immediately collect all sums from Client and terminate providing further services to Client.  Client shall ceases further communications with others enrolled in the program and Paula Lacobara’s staff/employees. 

INDEMNIFICATION: Client shall defend, indemnify, and hold harmless Paula Lacobara, Paula Lacobara’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever—including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements—which any of them may incur or become obligated to pay arising out of or resulting from the services being offered by Paula Lacobara. Client shall defend Paula Lacobara in any legal actions, regulatory actions, or the like arising from or related to this Agreement.  Paula Lacobara recognizes and agrees that all of Paula Lacobara’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Paula Lacobara.

CONTROLLING AGREEMENT: In the event of any conflict between the provisions contained in this Agreement and any marketing materials used by Paula Lacobara, Paula Lacobara’s representatives, or employees, the provisions in this Agreement shall be controlling.  This Agreement shall govern all services.

CHOICE OF LAW/VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of California, Los Angeles County pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement. 

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

SURVIVABILITY: The ownership, non-circumvention, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

SEVERABILITY: If any of the provisions contained in this Agreement, or any part of them, is/are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

OTHER TERMS: Upon execution of This Agreement by using the services on Company’s Website(s) and/or clicking “I Agree” below, the Parties agree that any individual, firm, affiliate, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, companies, heirs, assigns, designees or consultants of which the signee is an affiliate, company, officer, heir, successor, assign or designee of Company or Client is bound by the terms of THIS AGREEMENT.    A facsimile, electronic, or e-mailed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument. 

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