Terms and conditions

Terms & Policy

BY VISITING alissarae.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW

The terms “we,” “us,” and “our” refer to Alissa Rae Hill. The term the “Site” refers to alissarae.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. Use of alissarae.com, including all materials presented herein and all online services provided by Alissa Rae Hill, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to fitness, movement, workout programs etc. and other information are subject to change. Alissa Rae Hill makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Alissa Rae Hill disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Alissa Rae Hill will always be accurate, correct, and up to date. 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. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial 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.
REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS

Alissa Rae Hill will, at her discretion, allow for the return or replacement of any defective product within 60 days from the date of purchase. For recurring billing products, returns for one payment may be provided if requested within a 60 day return period. After 60 days all sales are final. The customer may cancel their recurring billing subscription products at any time. If a customer requests a refund, the money for the requested transaction is refunded back to the customer. If the refund is for a recurring billing product, then the return policy allows for the most recent payment to be returned. A refund on a recurring billing product will also result in a cancellation. If customers request a cancellation for their recurring billing product no future rebills will be charged to their account. Keep in mind, a cancellation will not generate a refund – it will only stop any future rebills. There are no refunds on services that include one on one time, consulting, speaking or media appearances. Contracts can not be canceled for one on one services, and no refunds will be granted.
PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Alissa Rae Hill or alissarae.com. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Alissa Rae Hill remains yours to the extent that you have any legal claims therein. You agree to hold Alissa Rae Hill harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Alissa Rae Hill, including trademarks, copyrights, proprietary information, and other intellectual property. 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 or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, 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, ALISSA RAE HILL IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, INJURY, DEATH, 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 FOREGOING APPLIES EVEN IF ALISSA RAE HILL 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 ALISSA RAE HILL’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ALISSA RAE HILL, AND IF NO PURCHASE HAS BEEN MADE BY YOU ALISSA RAE HILL’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
AFFILIATE POLICY

Products and services that are mentioned or linked to on this blog may be products that Alissa Rae Hill has a financial interest in promoting or has received some other non-financial compensation for.
ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Alissa Rae Hill pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Alissa Rae Hill shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Alissa Rae Hill.
GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Oregon as applied to contracts that are executed and performed entirely in Oregon]. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Jackson County, OR. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
PRIVACY POLICY

BY VISITING alissarae.com, YOU ARE CONSENTING TO OUR PRIVACY POLICY.
OVERVIEW

Alissa Rae Hill is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at alissarae.com (the “Site”), and how we collect and use that information. The terms “we,” “us,” and “our” refers to Alissa Rae Hill. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address. Use of alissarae.com, including all materials presented herein and all online services provided by alissarae.com, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.
INFORMATION WE COLLECT

This Site only collects the personal information you voluntarily provide to us, which may include:

Name
Email
Billing information

The information you provide is used to process transactions, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website (for example, InfusionSoft), conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
ACTIVITY

We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
COOKIES

We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.
THIRD PARTY LINKS

The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.
SECURITY

We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
UPDATING YOUR INFORMATION

You may access and correct your personal information and privacy preferences by contacting us via email at alissaraehill@gmail.com.
CHANGES TO THIS POLICY

You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this privacy policy by posting those changes on this page.
CONTACT

If you have questions about our privacy policy, please email us at alissaraehill@gmail.com
DISCLAIMERS
PRODUCTS

We love our products, and we hope you do, too. That said, sometimes we might slip up, and sometimes, errors happen. Things like pricing or merchandise descriptions get mixed up, and then we look bad. While that stinks, what’s most important to us is that you’re happy. So while we can’t guarantee that all information on the site is always 100% accurate at any given time, if you do notice a mistake? Please don’t hesitate to contact us and let us know. Since we can’t guarantee the products for your particular circumstances or purposes, we can guarantee that we’ll give you the best customer service we can to remedy the situation.
CONSULTING

I am not a licensed psychologist or health care professional, and my services don’t replace the care of psychologists or other healthcare professionals. I cannot guarantee the outcome of our consulting efforts and/or recommendations on my website/blog/email series, and my comments about the outcome are my opinion only.

Updated: May 27, 2014

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to the www.alissarae.com and Alissa Rae, LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Alissa Rae, LLC include www.alissarae.com and Alissa Rae. The Alissa Rae website is a Movement Education, Body Awareness, Exercise, Consulting site. By using the Alissa Rae website, you consent to the data practices described in this statement.

Collection of your Personal Information

Alissa Rae may collect personally identifiable information, such as your name. If you purchase Alissa Rae’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Alissa Rae may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by Alissa Rae. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Alissa Rae website.

Alissa Rae encourages you to review the privacy statements of websites you choose to link to from Alissa Rae so that you can understand how those websites collect, use and share your information. Alissa Rae is not responsible for the privacy statements or other content on websites outside of the Alissa Rae website.

Use of your Personal Information

Alissa Rae collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Alissa Rae may also use your personally identifiable information to inform you of other products or services available from Alissa Rae and its affiliates. Alissa Rae may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Alissa Rae does not sell, rent or lease its customer lists to third parties.

Alissa Rae may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Alissa Rae, and they are required to maintain the confidentiality of your information.

Alissa Rae may keep track of the websites and pages our users visit within Alissa Rae, in order to determine what Alissa Rae services are the most popular. This data is used to deliver customized

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content and advertising within Alissa Rae to customers whose behavior indicates that they are interested in a particular subject area.

Alissa Rae will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Alissa Rae or the site; (b) protect and defend the rights or property of Alissa Rae; and, (c) act under exigent circumstances to protect the personal safety of users of Alissa Rae, or the public.

Security of your Personal Information

Alissa Rae secures your personal information from unauthorized access, use or disclosure.

Children Under Thirteen

Alissa Rae does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Alissa Rae by contacting us here:
– Web page: _________________

– Email: _________________ – Phone: _________________

Changes to this Statement

Alissa Rae will occasionally update this Statement of Privacy to reflect company and customer feedback. Alissa Rae encourages you to periodically review this Statement to be informed of how Alissa Rae is protecting your information.

Contact Information

Alissa Rae welcomes your questions or comments regarding this Statement of Privacy. If you believe that Alissa Rae has not adhered to this Statement, please contact Alissa Rae at:

Alissa Rae, LLC
Po Box 1388
Talent, Oregon 97540

Email Address: movewithalissa@gmail.com

Telephone number: 541.292.4998

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Effective as of February 02, 2015

Terms and Conditions

Agreement between user and www.alissarae.com

Welcome to www.alissarae.com. The www.alissarae.com website (the “Site”) is comprised of various web pages operated by Alissa Rae, LLC (“Alissa Rae”). www.alissarae.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.alissarae.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.alissarae.com is a Blog Site
Movement Education, Body Awareness, Exercise tips, and consulting.

Privacy

Your use of www.alissarae.com is subject to Alissa Rae’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.alissarae.com or sending emails to Alissa Rae constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Alissa Rae is not responsible for third party access to your account that results from theft or misappropriation of your account. Alissa Rae and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Alissa Rae does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.alissarae.com only with permission of a parent or guardian.

Links to third party sites/Third party services

www.alissarae.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Alissa Rae and Alissa Rae is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Alissa Rae is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Alissa Rae of the site or any association with its operators.

Certain services made available via www.alissarae.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.alissarae.com domain, you hereby acknowledge and consent that Alissa Rae may share such

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information and data with any third party with whom Alissa Rae has a contractual relationship to provide the requested product, service or functionality on behalf of www.alissarae.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.alissarae.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Alissa Rae that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Alissa Rae or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Alissa Rae content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Alissa Rae and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Alissa Rae or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication

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Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Alissa Rae has no obligation to monitor the Communication Services. However, Alissa Rae reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Alissa Rae reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Alissa Rae reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Alissa Rae’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Alissa Rae does not control or endorse the content, messages or information found in any Communication Service and, therefore, Alissa Rae specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Alissa Rae spokespersons, and their views do not necessarily reflect those of Alissa Rae.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to www.alissarae.com or posted on any Alissa Rae web page

Alissa Rae does not claim ownership of the materials you provide to www.alissarae.com (including feedback and suggestions) or post, upload, input or submit to any Alissa Rae Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Alissa Rae, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Alissa Rae is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Alissa Rae’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and

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represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Alissa Rae from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Alissa Rae Content accessed through www.alissarae.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Alissa Rae, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Alissa Rae reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Alissa Rae in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

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OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALISSA RAE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ALISSA RAE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALISSA RAE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALISSA RAE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALISSA RAE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Alissa Rae reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent

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permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Alissa Rae as a result of this agreement or use of the Site. Alissa Rae’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Alissa Rae’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Alissa Rae with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Alissa Rae with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Alissa Rae with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Alissa Rae reserves the right, in its sole discretion, to change the Terms under which www.alissarae.com is offered. The most current version of the Terms will supersede all previous versions. Alissa Rae encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Alissa Rae welcomes your questions or comments regarding the Terms:

Alissa Rae, LLC
Po Box 1388
Talent, Oregon 97540

Email Address: movewithalissa@gmail.com

Telephone number: 541.292.4998

Effective as of February 02, 2015

 

Website Terms of Use

Agreement between user and www.alissarae.com

Welcome to www.alissarae.com. The www.alissarae.com website (the “Site”) is comprised of various web pages operated by Alissa Rae, LLC (“Alissa Rae”). www.alissarae.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.alissarae.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.alissarae.com is a E-commerce Site
Movement Education, Body Awareness, Exercise and Consulting

Privacy

Your use of www.alissarae.com is subject to Alissa Rae’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.alissarae.com or sending emails to Alissa Rae constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Alissa Rae does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.alissarae.com only with permission of a parent or guardian.

Links to third party sites/Third party services

www.alissarae.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Alissa Rae and Alissa Rae is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Alissa Rae is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Alissa Rae of the site or any association with its operators.

Certain services made available via www.alissarae.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.alissarae.com domain, you hereby acknowledge and consent that Alissa Rae may share such information and data with any third party with whom Alissa Rae has a contractual relationship to provide the requested product, service or functionality on behalf of www.alissarae.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.alissarae.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Alissa Rae that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable,

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overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Alissa Rae or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Alissa Rae content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Alissa Rae and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Alissa Rae or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Alissa Rae from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Alissa Rae Content accessed through www.alissarae.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Alissa Rae, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Alissa Rae reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Alissa Rae in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALISSA RAE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ALISSA RAE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT

THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALISSA RAE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALISSA RAE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALISSA RAE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Alissa Rae reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Alissa Rae as a result of this agreement or use of the Site. Alissa Rae’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Alissa Rae’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Alissa Rae with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and

liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Alissa Rae with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Alissa Rae with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Alissa Rae reserves the right, in its sole discretion, to change the Terms under which www.alissarae.com is offered. The most current version of the Terms will supersede all previous versions. Alissa Rae encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Alissa Rae welcomes your questions or comments regarding the Terms:

Alissa Rae, LLC
PO Box 1388
Talent, Oregon 97540

Email Address: movewithalissa@gmail.com

Telephone number: 541.292.4998

Effective as of February 02, 2015

This is a RocketLawyer.com document.

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