Terms & Conditions

Please carefully read the following Terms of Use before using the websites with the URL of: http://www.rosemaryfajardo.com/ and https://rosemaryfajardo.as.me/schedule.php (“Sites”).

The best work comes out of great relationships. Honesty, respect and gratitude are the keys to a great relationship and therefore we have an interest in treating each other with these values at all times. As much as legal documents are important, what truly binds us is our drive to do great work with great people and to develop a relationship of mutual respect and trust.

 By accessing the Sites, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. These Sites is operated by LOTS OF LOVE CLUB LLC (“RF”), a Nevada limited liability company. Throughout the Sites, the terms “we”, “us” and “our” refer to RF. RF offers these Sites, including all information, tools and services available from these Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your continued use of these Sites constitutes your agreement to these Terms of Use. Further, these Terms of Use also cover any use of RF’s services offered via the RF newsletter, Instagram, YouTube, Facebook, Twitter and any other emerging social media platforms whether now in existence or hereinafter created.

Refunds & Cancellations

If you need to cancel a scheduled session made via the Sites, you must cancel at least fourty-eight (48) hours in advance of such appointment by clicking on the “Change/Cancel Appointment” link in your confirmation email and/or replying to that email, or you will be charged the full rate for your scheduled session. If you experience technical difficulties canceling on your own, you can reach RF by filling out a technical support request at rosemary.fajardo@gmail.com within that 48 hour period as well. It is your responsibility to review the confirmation email/text and the subsequent reminder email/text for accuracy including, but not limited to: time zones, telephone numbers, and emails. RF is not responsible for errors made on your part or failure to correct the aforementioned. RF will use reasonable commercial efforts to reschedule your session when your cancellation is received in the aforementioned time frame. All fees and payments are final. After a session, any payments made for appointments are non-refundable. In the event of purchasing a package, scheduling the allotted amount of sessions have no expiration date.

Accuracy and Timeliness of Information on these Sites

RF uses its reasonable commercial efforts to ensure accurate and updated information on these Sites, as well as the access to such information. However, we are not responsible if information appearing on these Sites is not entirely accurate, complete or current. We reserve the right to modify the content of these Sites at any time, and we have no obligation to update any information on the Site other than to comply with privacy laws as necessary. The material on these Sites is provided for general information and entertainment purposes only and should not be relied upon or used as the sole basis for making life decisions without consulting other relevant sources of information.

RF declines any and all responsibility for the following:

  • any interruption of the Sites;
  • any bugs which may arise;
  • any inaccuracy or omission in connection with the information available on the s;
  • any damages resulting from a third party’s wrongful intrusion of the Sites;
  • any direct or indirect or consequential damages, regardless of their origin or nature, including without limitation any damages arising from the online purchase of services appearing on these Sites or the impossibility of accessing the Site, or from reliance on any information of which these Sites is the direct or indirect source.

 

Collection of Personal Information

In general, you can use these Sites without giving us any information. However, additional services may be available if we have certain information about you. We may collect the following information:

  • account registration information including your name, telephone number, postal address and email address;
  • billing information, transaction and credit card information (should you make a purchase with us); and
  • if you contact us, we may keep a record of that correspondence.

Information you provide to us must be true, accurate, current, and complete in all respects.

We use this information to provide you with a better service, and in particular, for the following reasons:

  • internal record keeping;
  • to improve our services; and
  • to communicate with you by email, telephone or post if you have ordered or purchased services from us, either regarding such purchase or other matters regarding transactions between us or your customer relationship with us.

 

Payment

We take reasonable care to make our Sites secure. All credit/debit card transactions made via the Sites are processed using one of the following: Square (https://squareup.com) or Stripe (https://stripe.com) — secure online payment gateways that encrypt your card details in a secure host environment.

Direct Marketing

We would like to provide you with information about new services, promotions, special offers and other information, which we think you may find interesting. By using these Sites you have consented to us doing so, and we may send you such information by email. If you decide at any time that you no longer wish to receive marketing emails from us, please click on the unsubscribe link in the email. Alternatively, you have the right to access, modify and delete any personal information. Data gathered by these Sites is intended to be used exclusively by RF unless we have your permission or are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply other agreements; or to protect the rights, property or safety of RF, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction within the framework of the relevant data protection law.

Right to Refuse Service or Terminate a Session:

RF reserves the right to refuse service or terminate a session at any time if the client is at risk of harming himself or herself or others, and/or if the client becomes abusive towards RF.

Links

These Sites may contain links to other websites. Insofar as RF has not necessarily reviewed all the information appearing on such websites, and RF cannot control such websites and external sources, RF shall not be held liable for any access problems or the content or material contained on such websites.

Inclusion of links to other sites should not be viewed as an endorsement by RF of the content of linked sites. Please note that different terms and conditions may apply to your use of any linked sites. RF is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

If you decide to leave these Sites and access the third party websites or to use or install any applications, content or software on such websites, you do so at your own risk and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from such web.

Cookies

We use cookies for certain areas of our Sites, including but not limited to session cookies, persistent cookies and web beacons. Cookies are files that store information on your hard drive or browser that allow our Sites to recognize that you have visited our Sites before. They make it easier for you to maintain your preferences on the Sites, and by seeing how you use the Sites, we can tailor the Sites around your preferences and measure usability of the Sites. We use cookies to:

  • Record your session information (such as the particular services you purchase via the Sites);
  • Record your specific information on the web pages you select to view; and
  • Retain your answer to our question regarding residency.

You can, should you choose, disable the cookies from your browser and delete all cookies currently stored on your computer. On Microsoft Internet Explorer, this can be done by selecting “Tools/Internet Options” and reviewing your privacy settings or by selecting “delete cookies”. However please note that this may prevent you from taking full advantage of these Sites. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org. No information obtained from cookies from which individual customers can be identified will be used by us for marketing purposes.

DISCLAIMERS

YOUR USE OF THESE SITES IS AT YOUR SOLE RISK. THE SITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. RF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THESE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RF OR THROUGH OR FROM THESE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. RF DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THESE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. RF hereby expressly reserves the right to change any and all content, other items, and software used or contained in the Sites and any Services and applications offered through the Sites at any time without notice.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RF NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THESE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, RF’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RF, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH RF IS TO DISCONTINUE YOUR USE OF THE SITES. YOU AND RF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless RF and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of these Sites and any violation of these Terms of Use. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from such disruption. RF reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with RF in the defense of such matter. 

ARBITRATION

These Terms of Use shall be construed in accordance with the laws of the State of Nevada, and the parties irrevocably consent to bring any action to enforce these Terms of Use before an arbitration panel. YOU AND RF AGREE THAT, EXCEPT AS MAY OTHERWISE APPLY AND BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITES  IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITES AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITES AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) no disputes or claims relating to any transactions you enter into with a third party through the Sites may be arbitrated. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (collectively, the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Sites (including your visit to or use of the Sites) be instituted more than one (1) year after the cause of action arose.

OTHER

These Terms of Use constitute the entire agreement between you and RF regarding the use of the Sites, superseding any prior agreements between you and RF relating to your use of the Sites. The failure of RF to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These terms & conditions are effective as of 30 November 2019.