Terms Of Sale

1. DEFINITIONS

1.1 I or  Alive To Enjoy Sole Propriety.

1.2 You and your mean the purchaser of goods, audio or video content from Alive To Enjoy Sole Propriety.

1.3 This is a contract between you and me.

This Terms of Use Agreement (the “Agreement”) is a contract between you and Alive To Enjoy (the “Company”). COMPANY operates the website found at the address www.alivetoenjoy.com (the “Site”). This Agreement governs your use of the Site. Be sure that you carefully read and fully understand this Agreement. COMPANY is willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions (the “Terms”) contained in this Agreement. This Agreement governs your use of the Site. Please read all of the Terms carefully. By using the Site, you agree to comply with and be bound by these Terms. If you do not agree to the Terms, you are not authorized to use the Site. COMPANY reserves the right to modify the Terms at any time by posting a notice on the home page of the Site. Your use of the Site after the notice is posted indicates you agree to the changes.

2. CONTRACT

2.1 When you purchase audio or video content from Alive To Enjoy, Lexy grants you a license (which is limited, revocable, non-exclusive, non-transferable) to listen to, download or stream such content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the content other than as set out in this contract. You must not sell, transfer, lease, modify, distribute or publicly perform the content in any manner and you must not exploit it commercially. You agree to not tamper with the content or create any derivative works therefrom.

2.2 Lexy may terminate your license to use any purchased products if you breach this contract.

3. PAYMENT

3.1 You may request to make payment by installments. If you and Lexy agree that you may make payments by installments you must pay all installments on or before each due date.

3.2 The due date for each installment is 30 days after purchase and payment of the first installment, and 30 days after each previous installment.

3.3 If you are late for a payment, you will be charged $10 for every day you are late. If you continue to not pay or repeatedly have late payments, Coach may terminate your sessions. 

3.4 All goods sold by us are charged in USA dollars. If you are located in Australia you will be charged Australian Goods and Services Tax.

4. WARRANTY

4.1 We will repair or replace at our discretion any goods which are physically defective for the period of 12 months after purchase. This warranty does not apply to defects which occur because of misuse or accidental damage.

5. THE AUSTRALIAN CONSUMER LAW AND LIMITATION OF LIABILITY 

5.1 For the avoidance of doubt, nothing in this contract limits or restricts your ability to make a claim against us that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.

5.2 Subject to paragraph 5.4 and to the extent permitted by the Australian Consumer Law and relevant state legislation, our sole obligation under this contract is to use our best endeavors to provide the products or to repair the products or repair or replace any part of a product which is found to be defective during one year after purchase. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

5.3 When you acquire goods or services from us, Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the full extent permitted by law:

(a) under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the products you purchase from us;

(b) we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom;

(c) in no event shall we be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

5.4 If the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation we limit our liability to payment of an amount equal to the lowest of:

(a) the cost of replacing the goods or services or supplying equivalent goods or services;

(b) the cost of repair of the goods;

(c) the cost of having the goods repaired or replaced.

5.5 Subject to paragraph 5.4 we are not liable for default or failure in performance of our obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond our reasonable control.

5.6 Subject to paragraph 5.4, we are not responsible for any loss caused by an error or defect in the products or errors or faults caused by components supplied by any other person.

6. PRIVACY POLICY

6.1 You agree to this Privacy Policy available at https://www.alivetoenjoy.com/privacy-policy

7. TRADE MARKS

7.1 Trade marks used on the Website belong to their respective owners. You must not use any trade mark displayed on the Website without the express written permission of us or the third-party owner.

8. JURISDICTION

8.1 These Terms are governed by and to be construed in accordance with the laws of Washington state, and the United States of America. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of America.

8.2 If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or un-enforceability will not affect the remainder of the Terms which will continue in full force and effect.

10. EVENTS

10.1 Cancellation policy: Tickets are non-refundable but completely transferable. If you require your ticket to be transferred to someone else, please email their full name and email address to alivetoenjoy@outlook.com no less than 3 working days prior to the event.

10.2 Event: Alive To Enjoy Sole Propriety reserves the right to change the event at any time, this includes location. In the unlikely event that this will happen, every effort will be made to ensure an event of equivalent standard in a reasonable distance from the original location.

10.3 Behavior: Alive To Enjoy Sole Propriety reserves the right to prohibit entry or reject any person from the Venue based on behavior deemed inappropriate by Alive To Enjoy Sole Propriety staff and/or its agents and others working under its authority.

10.4 Image Release: In registering for any event, you grant permission to Alive To Enjoy Sole Propriety, its agents and others working under its authority, to take and to have full and free use of video/photographs containing your image/likeness. You understand these images may be used for promotional, news, online/multimedia, research and/or educational purposes by and for Alive To Enjoy Sole Propriety. You agree that you are not entitled to remuneration, residuals, royalties or any other payment in respect of your image/likeness or its use. You release, discharge, and hold harmless, Alive To Enjoy Sole Propriety and its agents from any and all claims, demands or causes of actions that you may hereafter have by reason of anything contained in the photographs or video. If you do not agree to the above image release, you must advise Alive To Enjoy Sole Propriety by email as soon as possible at alivetoenjoy@outlook.com.

ADDITIONAL TERMS AND CONDITIONS FOR ONLINE COURSES

By registering for and successfully completing payment of this course, you agree to the following:

  • You agree that all course content, files, audios and information are copyrighted material and cannot, in any way, be reproduced without written consent by Lexy Davis.

  • You are purchasing one spot in the course for one human being.

  • All class correspondence will be conducted by the PayPal email address you used upon purchased. It is your responsibility to contact alivetoenjoy@outlook.com if your best email is not the one you used with PayPal.

  • You understand there are no guarantees with the outcome of the class as success is based on your individual participation and commitment to the work.

  • You understand it is your sole responsibility to document any live class dates.

  • You understand if you are not receiving correspondence for any reason from us, it is your responsibility to contact us at alivetoenjoy@outlook.com

3. RESTRICTIONS OF USE

You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information. 

Without limiting the generality of the foregoing, you may not:

  1. include such content in or with any product or service that you create or distribute;

  2. reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;

  3. establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company;

  4. copy such content onto your or any other Web site or publication; or

  5. direct any other person to do any of the foregoing.

Nothing in this Agreement shall be construed as conferring any right under any intellectual property of COMPANY, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.

TERMINATION OF USE

I reserve the right in my sole discretion to refuse or terminate your access to my Coaching Programs, Products, Services and/or our Program Materials, Website, e-mail communications, or any other method of communications related to our Coaching Programs, Products or Services at any time without notice.  Should you or I wish to terminate the Coaching Programs, Products or Services at any time, these termination terms will apply to you as well, even after termination by either of us.  In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Coach Certification Program trainings, Products, Services or our Website, e-mail or any or other methods of communications affected by such cancellation or termination.  The restrictions imposed on you with respect to Coach Certification Program training Materials and the Coach Certification Program trainings, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.

Disclaimer

We can’t guarantee your results, earnings, future earnings as a result of this program or give professional/legal advice. Your results in your business will be completely dependent on your understanding of the material and your effort to apply it.

©2018 Made with love by Lexy