Last updated: 22 September 2024
These Terms and Conditions (the “Terms”) govern your use of our websites www.catarinamello.com/, courses.catarinamello.com,
www.influencermastercourse.com, https://catarinamello.thrivecart.com, and
influencertrainingweek.com (the “Website”), owned and operated by Catarina Mello LLC, which has its business address in Los Angeles and P.O. box 66174 at 3826 Grand View Blvd, Los Angeles, CA 90066, United States (“Catarina Mello”, ''Company'', “we”, or “us”). Additionally, these Terms govern the use of our Services, defined in Section 2.
These Terms, together with the Privacy Policy, are a binding contract between you (“Customer” or “you”) and Catarina Mello.
By visiting or using our Website and/or utilizing our Services, you unconditionally and irrevocably agree to be bound by these Terms, Privacy Policy, and all applicable laws and/or regulations, which may be in effect from time to time, and you agree that you are responsible for this compliance.
We reserve the right to unilaterally revise these Terms and all linked content from time to time, at our sole discretion by updating this posting or any linked content. Unless otherwise indicated in a relevant revised version, the revised version shall enter into force immediately when posted. By continuing to access or use the Website and/or Services, you are indicating that you agree to be bound by the revised version. If you do not agree to continue to use the Website and/or Services on the basis of the revised version, you should cease to use our Website and/or Services.
You may not use or obtain any products or services from us if you are not at least 18 years of age, or any legal age to form a binding legal agreement with Catarina Mello.
1. DEFINITIONS
1.1 In these Terms the following capitalized terms have the following definitions:
● "Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
● "Services" has a definition given in clause 2.1.
● "Customer", "you" or "your" means a user of our Services, being an individual or legal entity, or any agent, employee, or person authorized to act on such user’s behalf.
● "Catarina Mello", "our", or "us" means Catarina Mello LLC, having its registered address at P.O. box 472372, Los Angeles, CA 90066, United States.
2. DESCRIPTION OF THE SERVICES
2.1 Catarina Mello performs the following services and products available on or through the Website:
● Offering online courses, such as The Influencer Mastercourse and UGC Mastercourse, and other courses as displayed on the Website and amended from time to time;
● Selling various digital products, such as Lightroom presets, templates (e.g., pitch templates, ChatGPT prompts), ebooks, and guides;
● Making available various content related to traveling and other themes;
● Making available various templates, ebooks, and other content;
● Providing coaching and consulting services (individual or group);
● Offering webinars and workshops;
● Access to communities and groups, such as Facebook communities/groups;
2.2 Catarina Mello provides other related services, including, without limitation, hosting and maintaining the Website.
2.3 Our Services are protected as proprietary rights as described below.
2.4 The information contained on the Website and other content which is accessible and downloadable through the Website is provided for personal, educational, and
informational purposes only, and shall not be regarded as advice. Our Services do not constitute a recommendation on any particular matter.
3. WEBSITE AND SERVICES AVAILABILITY
3.1 Catarina Mello uses commercially reasonable efforts to maintain our Website and Services on a twenty-four (24) hours a day, seven (7) days a week basis. However, our Website and Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance, repairs, or replacements that we undertake from time to time. While we strive to minimize disruptions, we shall not be held responsible for any delays, losses, or inconveniences caused by the unavailability of our Website and Services due to equipment malfunctions, necessary maintenance, repairs, replacements, or other factors beyond our control.
3.2 Modifications to Service: We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your account or content submitted by you for any period of time beyond what may be required by applicable law.
3.3. General Practices Regarding Use and Storage: You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on the Company’s servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3.4 Mobile Services: The Service may include certain services that are available via a mobile device, including the ability to upload content to the Service via a mobile device, the ability to browse the Service and the Site from a mobile device and the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. Company shall have no liability whatsoever if messages are sent to another person because of your failure to update your account information with your new number.
3.5 Unless stated otherwise, all of our products and services allow for use by one individual person who made the purchase of our products and services. This purchaser may use our products and services, but may not share any product, content, or service provided with any other person. The purchaser is not permitted to re-assign, transfer, or sublicense our products and services unless expressly authorized by us in writing.
3.6 Use Description: The Services are solely for your personal and non-commercial use. For Services available on the Site, as well as for any Services that you purchase we grant you a limited, non-exclusive, non-transferable, revocable license to access the Services for your
personal use. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the content or other materials for any commercial purpose, or for any public display (commercial or non-commercial). Company may revoke your license at any time in its sole discretion.
4. PAYMENTS; SUBSCRIPTIONS
4.1 We charge fees for certain Services, such as online courses and certain digital products as indicated on the Website.
4.2 You can either pay for the Services in full or subscribe to an installment plan. We have several installment plans as indicated on the Website.
4.3 When you use any paid Service, you have an opportunity to review and accept the fees that you will be charged. We may change any fee from time to time and will update you by placing revised fees on our Website. We may choose to temporarily change the fees for our Services for promotional events (for example, discounts), and such changes are effective when we post the temporary promotional event on the Websites.
4.4 The fees for our Services will be billed immediately. If you purchase any subscriptions, your subscription will automatically renew, unless you cancel your subscription before the end of your subscription term as indicated on the Website. If you purchase any Services through installment plans, you are solely responsible for paying all installments and may not cancel until all installments owed are paid. It's important to understand that choosing an installment plan for payment is akin to entering into a loan agreement, where you are committed to completing all payments as agreed upon.
4.5 We reserve the right to remove your access to our products or Services if any amount is owed and is past the due date.
4.6 During the active subscription period, cancellations of current subscriptions or installment plans are not permitted. You may manage your subscription and turn off auto-renewal through your account settings, preventing the subscription from automatically renewing at the end of the current period. Please note that this option does not apply to installment plans, which are subject to their own terms of completion and cannot be terminated early through account management.
4.7 By purchasing our Services, you authorize Catarina Mello to initiate such payment with the use of the designated payment method on your behalf.
4.8 By providing a payment method information through the Website, you represent and warrant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments using the payment method(s); and (c) such action does not violate the terms and conditions applicable to your use of such payment method(s) or applicable law. When you authorize a payment using a payment method via the Website, you represent and warrant that there are sufficient funds or credit available to complete the payment using the designated payment method.
4.9 To the extent any amounts owed under these Terms cannot be collected from your payment method(s), you are solely responsible for paying such amounts by other means.
4.10 While we will use commercially reasonable efforts to ensure the security of all transactions and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
4.11 We reserve the right to transfer your data to a third party debt collection agency if you fail to make a payment you have committed to when purchasing our products and services. If you fail to pay any amount(s) due to products or Services your purchased, we may send you to a defaulting lender to collect payment within 30 days of overdue amount. A defaulting lender may be entitled to interest on any amounts held by Client.
4.12 We reserve the right to offer free bonuses when users purchase our products or Services. These are free items that the Company discretionary decides to offer, and there are no guarantees or warranties involved with them. In addition, these items are offered based on the Company's discretion, and users/customers who purchase one of our products or Services are not entitled to receive any of the bonuses except for when it's announced that their offer comes with free bonuses.
4.13 We provide access to exclusive groups and communities, including Facebook groups/communities, as complimentary bonuses with certain product and Service purchases. These groups and communities are offered at the discretion of our Company and are not considered part of the purchased Service/product. They are intended to enhance learning and networking among users but are not under our direct management or content moderation. While we aim to maintain a positive environment, we reserve the right to remove any user from these groups at our discretion, without the need to provide an explanation. Similarly, we may discontinue access to these communities at any time, at our discretion, without prior notice. It is important to note that these groups are supplementary offerings, and their availability, or lack thereof, does not affect the value of the purchased product/Service and does not qualify as grounds for a refund.
5. REFUND POLICY
5.1 All fees and charges cannot be canceled and are non-refundable unless authorized so by the Company or unless covered in our online course refund policy.
5.2 In the event you request a refund for The Influencer Mastercourse for any reason, we offer, a 30-day refund period provided that you are able to demonstrate that you attempted strategies shared with you through the course, but you did not achieve results on your social media platforms. Product and services eligible for this refund policy will state so clearly before you purchase them. If approved, the refund excludes the fees charged by payment companies such as Stripe and Paypal as these fees are never refunded by these companies. We will confirm the total fees that will be discounted from the refund when you follow the steps below. When a refund is an option, to be eligible for a refund, we ask to follow these steps:
● Submit your refund request at support@catarinamello.com within 30 days (11:59pm EST) upon a course purchase;
● Submit a clear explanation of your rationale for requesting a refund;
● Provide specific account analytics and insights as requested by our customer support team (the type of account information and the timing of its submission are determined in our sole discretion);
● Attach a screenshot of your completion of the entirety of the online course;
● Attach a copy of your completed worksheets and assignments from all modules;
● Attach a proof of your active participation in the Influencer Mastercourse Facebook Group;
● Attach screenshots of your social media postings that reflect course teachings;
● Attach a proof of your implementation of recommended strategies;
● Attach copies of email pitches sent to brands following the course teachings;
● Submit other information as reasonably required by Catarina Mello to determine whether you are qualified for a refund.
5.3 In the event you request a refund for the UGC Mastercourse for any reason, we offer, a 14-day refund period provided that you did not go past Module 2 of the course. If you start Module 3 or any other Module after 2, you are ineligible under our refund policy. Product and services eligible for this refund policy will state so clearly before you purchase them. If approved, the refund excludes the fees charged by payment companies such as Stripe and Paypal as these fees are never refunded by these companies. We will confirm the total fees that will be discounted from the refund when you follow the steps below. When a refund is an option, to be eligible for a refund, we ask to follow these steps:
● Submit your refund request at support@catarinamello.com within 14 days (11:59pm EST) upon a course purchase;
● Submit a clear explanation of your rationale for requesting a refund;
● Submit other information as reasonably required by Catarina Mello to determine whether you are qualified for a refund.
5.4 Based on the above, all refunds are subject to the discretion of our Company.
5.5 During the period from your purchase of The Influencer Mastercourse until the end of the refund window, running ads on your Instagram account disqualifies you from receiving a refund. This policy is in place because running ads makes it difficult to determine whether the course teachings led to any results.
5.6 Please note that participation in any Service does not guarantee any specific outcomes or results. While we will do our best to provide guidance and support, we do not guarantee any specific outcomes or results. The success of the Service ultimately depends on your own effort, commitment, and abilities. Therefore, we cannot guarantee any specific results, and any examples or testimonials provided should not be taken as a promise or guarantee of success.
5.7 There are no refunds for coaching or consulting Services under any circumstance, given the nature of these products. The user acknowledges that when they purchase these products, they are making a final decision and understand that they do not have the right to refunds under any circumstance.
5.8 There are no refunds for digital product sales, such as Lightroom presets, templates, ebooks, and guides, under any circumstance, given the nature of these products. The user acknowledges that when they purchase these products, they are making a final decision and understand that they do not have the right to refunds under any circumstance.
6. PROPRIETARY RIGHTS
6.1 Catarina Mello is the sole owner and lawful licensee of all rights, title and interests available on the Website as well as the software, materials, videos, images, and other content displayed on the Website and through the Services.
6.2 You acknowledge and agree that our Website and Services contain proprietary and confidential information protected by applicable intellectual property and other worldwide laws. All title, ownership, and Intellectual Property Rights on the Website and its content and Services shall remain with Catarina Mello, our affiliates, or licensors of the Website content and Services, as the case may be. All rights not otherwise claimed under these Terms or by Catarina Mello are hereby reserved.
6.3 Any graphics, images, reports, scripts, tips, know-how and information created during the performance of the Services shall remain with Catarina Mello.
6.4 You further acknowledge and agree that any content contained in advertisements or information presented to you through the Website or by advertisers is protected by copyrights, trademarks (whether registered or being under registration), service marks, patents, or other proprietary rights and laws.
6.5 Except as expressly permitted by applicable law or as authorized by Catarina Mello or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content or the Website, in whole or in part.
6.6 We may use services of third parties involved in the provision of the Services. You may not violate proprietary rights and use any trademark, service mark, or logo of such independent third parties without prior written approval from such parties.
6.7 By publishing, uploading, or otherwise making available any comments, feedback, images, or other contributions on our Website or through the use of our Services, you hereby grant the Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, modify, reproduce, distribute, display, and create derivative works from such content in any and all media or distribution methods. This license includes the right for the Company to make your Content available to others for publication, distribution, or broadcast in any media, as well as the right to adapt, modify, create derivative works, or sublicense the Content for any purpose that the Company deems appropriate, without any compensation to you.
6.8 Member Account, Password and Security: You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the 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 when accessing the
Service. We will not be liable for any loss or damage arising from your failure to comply with this Section.
7. MARKETING
7.1 Catarina Mello may wish to refer the relationship between you as a customer and Catarina Mello in its marketing and promotional materials. You hereby agree that Catarina Mello may use, publish, amend, and create any derivative works with the use of images, feedback and comments made available by you on the Website, on the Facebook Community of the Influencer Mastercourse, through emails, forms and on her social media accounts
8. PERMITTED USE
8.1 During the term of your use of the Website and Services, we grant you a
non-exclusive, non-transferable, non-sublicensable, revocable license to access the Website and use the Services via the Internet.
8.2 As a condition of your use of the Website and Services you explicitly agree not to use the Website and Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Catarina Mello. The following conduct is not an exclusive list but is meant to provide examples of prohibited conduct. You agree not to use the Services in any of the following ways:
● To abuse, harass, threaten, impersonate or intimidate any person;
● To post or transmit, or cause to be posted or transmitted, any content (as defined below) that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes on any copyright or other right of any person;
● For any purpose that is prohibited by the laws of the jurisdiction where you use the Services;
● To create or transmit unwanted ‘spam’ to any person or any URL address;
● To post any copyrighted content;
● To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit written consent;
● To promote or sell any content owned by another person.
● Further, all Customers agree that they will not engage in any of the following conduct:
● Posting any information and/or data or accessing the Website using automated methods (such as, but not limited to, harvesting bots, robots, spiders, or
scrapers) without our written permission;
● Using the Services in a manner contrary to the use we have authorized such as, but not limited to, interfering with the Services;
● Use the Website and Services in any way or take any action that could harm, disable, overburden or otherwise impair performance, availability, or accessibility of the Website and Services;
● Accessing the Website and Services through a method other than the interface and the instructions that we have provided;
● Reproduce, download, send, sell, resell, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems, and e-mail businesses, chain letters as well as use the Services for participation in any of the above;
● Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our Website and Services without our express written consent;
● Any actions that could disable, overburden, or impair the proper working of the Website and Services, such as a denial of service attack;
● The uploading of viruses and/or other malicious code facilitating, promoting and/or encouraging any violations of our Terms.
8.3 Not Minor: You affirm that you are either 18 years of age or older, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms, and to abide by and comply with this Terms.
8.4 You agree that you are solely responsible for your interactions with any other user in connection with our products and Services and that we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of our products or Services.
9. THIRD-PARTY PRODUCTS
9.1 Our Website may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties, or which is accessible through or may be located using the Website or our Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
9.2 Catarina Mello may have financial relationship with certain affiliated third parties, sponsors, advertisers linked in our products and services (“Affiliates”). If you opt to purchase any product or service linked by Catarina Mello, Catarina Mello may receive an affiliate fee from your purchase with such Affiliate.
9.3 We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised on the Website. By using our Website or Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through any third party service or Third Party Content.
9.4 Please be aware that 3rd party apps may cause discrepancies to products and Services we sell, such as, but not limited to the colors of our presets or other products may appear differently on various devices or screens due to differences in calibration, settings, and other factors beyond our control. We strive to accurately represent our products, but we cannot guarantee that they will look the same on all devices. Additionally, we are not responsible for any discrepancies in color caused by third-party apps, software, or hardware. By purchasing our products, you acknowledge and accept that variations in color and other discrepancies may occur, and that we are not liable for any such discrepancies.
10. DISCLAIMER OF WARRANTIES
10.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or bugs. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.
10.2 YOUR USE OF THE WEBSITE, SERVICE, ITS CONTENT OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE WEBSITE, SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS CATARINA MELLO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10.3 USERS AGREE THAT USING THE COMPANY’S SERVICES AND WEBSITE IS DONE AT YOUR OWN RISK AND ACKNOWLEDGE THAT THESE SERVICES AND WEBSITE ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. YOU ASSUME ALL RISKS. THE COMPANY MAKES NO GUARANTEES RELATED TO INCOME, SUCCESS, INCREASED REVENUE, PROJECTED SALES, INCREASE OR DECREASE IN SOCIAL MEDIA FOLLOWERS OVER ANY PLATFORM, INCREASE IN SOCIAL MEDIA REACH, INCREASE IN CLIENTS AND/OR CUSTOMERS, IMPROVEMENTS OR DECLINE IN PHYSICAL AND/OR MENTAL HEALTH, INTERPERSONAL RELATIONSHIPS, EMOTIONAL WELL-BEING, AND CAREER IN ANY WAY RELATED TO THE USE OF THESE SERVICES AND WEBSITE. OUR SERVICES AND WEBSITE MERELY PROVIDE EDUCATION AND TOOLS TO HELP YOU MAKE YOUR OWN DECISIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS, DECISIONS, AND RESULTS BASED ON THE USE, MISUSE OR NON-USE OF OUR SERVICES AND WEBSITE.
10.4 COMPANY EXPRESSLY EXCLUDES ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY THE USER OR OTHERS BY USING OR IN CONNECTION WITH OUR SERVICES AND WEBSITE, TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR ANY ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, PHYSICAL, MENTAL, EMOTIONAL, OR SPIRITUAL INJURY OR HARM, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER AND WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
10.5 The user acknowledges and agrees that the Company is not liable for any defamatory, offensive, or illegal conduct of any other Services and Website participant or user, including you.
10.6 THE COMPANY’S SERVICES AND WEBSITE ARE NOT TO BE PERCEIVED OR RELIED UPON IN ANY WAY AS BUSINESS, FINANCIAL, OR LEGAL ADVICE. THE INFORMATION PROVIDED THROUGH OUR SERVICES AND WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE THAT CAN BE PROVIDED BY YOUR OWN ACCOUNTANT, CPA, LAWYER, OR FINANCIAL ADVISOR. WE ARE NOT GIVING FINANCIAL OR LEGAL ADVICE IN ANY WAY. THE USERS ARE HEREBY ADVISED TO CONSULT WITH THEIR ACCOUNTANT, LAWYER, OR FINANCIAL ADVISOR FOR ANY QUESTIONS AND CONCERNS REGARDING THEIR INCOME AND TAXES AND THEIR SPECIFIC FINANCIAL AND/OR LEGAL SITUATION. USERS AGREE THAT WE ARE NOT RESPONSIBLE FOR YOUR EARNINGS, THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS, THE INCREASE OR DECREASE OF YOUR FINANCES OR INCOME LEVEL, OR ANY OTHER RESULT OF ANY KIND THAT YOU MAYHAVE FROM INFORMATION PRESENTED TO YOU THROUGH OUR SERVICES AND WEBSITE. USERS ARE SOLELY RESPONSIBLE FOR YOUR RESULTS.
11. RELEASE AND INDEMNITY
11.1 Through your use of the Website, you expressly and irrevocably release and forever discharge our directors, officers, employees, agents, representatives, contractors, and licensees, from personal liability for any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you have ever had, now have, or hereafter may have, for or arising directly or indirectly out of your use of the Website and Services. Any claims shall be pursued against the Company as an entity.
11.2 You hereby agree to indemnify and hold harmless Catarina Mello and our directors, officers, employees, agents, representatives, contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages, costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) your breach of these Terms, or (ii) your negligence or willful misconduct.
12. LIMITATION OF LIABILITY
12.1 IN NO EVENT SHALL CATARINA MELLO BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE WEBSITE, THE SERVICES, OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) TO PROVIDE SUBSTITUTE GOODS OR SERVICES TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CATARINA MELLO FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE TOTAL AMOUNT YOU PAID US TO USE THE SERVICES WHICH GAVE RISE TO THE RELEVANT CLAIM.
13. DURATION AND TERMINATION
13.1 These Terms will remain full force and effect while you use the Website or Services.
13.2 We reserve the right to restrict your access, temporarily or indefinitely suspend Services if:
● You breach these Terms or other policies;
● We believe that your actions may cause any loss or liability to our Customers or to us;
● We believe, in our sole discretion, that your actions may cause legal liability for you, our Customers, us, or our affiliates; may be contrary to the interests of the Website or the user community; or may involve illicit activity.
● You fail to make a payment for a product or service you purchased.
● Any other reason in our sole discretion
13.3 Any terms and conditions of these Terms that may survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. NOTIFICATIONS
14.1 By registering for an account, you consent to electronically receive and access, via email or the Website, all records and notices for the Services provided to you under these Terms that we would otherwise be required to provide to you in paper form.
However, in our sole discretion, we reserve the right to communicate with you via mail services using the address under which your Account is registered.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 These Terms shall be governed by and construed in accordance with the law of the State of California, and you hereby expressly agree to present any claim in relation to these Terms, Website, or Services only through binding arbitration to occur in Los Angeles. YOU FURTHER AGREE TO AND DO WAIVE ANY RIGHT TO CLASS ARBITRATION AND AGREE, INSTEAD, TO CONDUCT AN ARBITRATION RELATED SOLELY TO ANY INDIVIDUAL CLAIMS YOU AND/OR ANY ENTITY RELATED TO YOU ASSERT AGAINST CATARINA MELLO. ADDITIONALLY, COMPANY AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL. Company and you shall split costs of the arbitration and the prevailing party shall be entitled to a recovery of their costs at the discretion of the arbitrator. Notwithstanding the specified agreement on jurisdiction, the Customer and Catarina Mello shall, if any dispute arises, attempt to settle it by mutual negotiations.
16. MISCELLANEOUS
16.1 Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee, or any other relations not directly stated in these Terms.
16.2 If any provision of these Terms is held to be invalid, non-binding, or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and purpose of these Terms.
16.3 These Terms constitute the entire and exclusive understanding and agreement between you and Catarina Mello regarding the Website and Services.
16.4 You may not assign or transfer these Terms, by operation of law or otherwise, without prior written consent of Catarina Mello. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Catarina Mello may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
16.5 The failure of Catarina Mello to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
16.6 There is no guarantee that the timing our Services offer will match users' availability or preference of timing. We do our best to accommodate different time zones, but we reserve the right to define the time our Services are provided, especially coaching and consulting services. Users acknowledge and agree that they must attend their coaching or consulting calls at the time and date defined by us (the Company). Users agree that if they cannot attend a scheduled coaching or consulting call, they forfeit their right to that service and that no refund or compensation will happen.
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Contact Us
For any queries or suggestions, contact us at: support@catarinamello.com
