Terms & Conditions
Last Updated: March 15, 2021
This contract is a binding, legal document between The Alchemy Collaborative LLC, its subsidiaries and affiliates (collectively, “we”, “us”), and you governing the use of our websites and our services.
If you choose to purchase one or more of the Offerings provided on our Site, you agree to pay all fees associated with the Offerings. This site does not process credit cards, or take other payment processing information. Payment processing is handled through third-party services, such as Stripe. In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. Offerings on this Site are non-refundable.
3. AGE REQUIREMENT
5. COMPLIANCE AND DISCLOSURE
We reserve the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services. By accessing our websites and using our Services, you acknowledge and agree that The Alchemy Collaborative LLC may keep record of activities or content in connection with the Services. We may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; Enforce these Terms & Conditions; Respond to claims that the activities in connection with the Services that violate the rights of third parties; or To protect the rights, property, or personal safety of The Alchemy Collaborative LLC, Service users, or the public.
6. NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES
7. MODIFICATION OF TERMS
8. USE OF SERVICES
This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:
User Post Content Disclaimer
We may contain links to content that direct you to websites you find inappropriate or offensive. The Alchemy Collaborative LLC has no way to control nor does it have a duty to take any action with regard to how you interpret or use content on our Services. You are solely responsible for how you view and interpret User Posts on the The Alchemy Collaborative LLC Services.
User Identity Disclaimer
While we are a closed environment, we cannot guarantee the identity of any users with whom you interact on our Services. The Alchemy Collaborative LLC also cannot guarantee which users gain access to the Services. Your use of the The Alchemy Collaborative LLC service is AS IS and AT YOUR OWN RISK.
9. INTELLECTUAL PROPERTY RIGHTS
The content provided in the Services, except all User Posts, is owned by or is licensed to The Alchemy Collaborative LLC. This includes, but is not limited to the text, graphics, photos and interactive features created by and for The Alchemy Collaborative LLC (collectively, “The Alchemy Collaborative Content”). This also includes trademarks, service marks, and logos contained in our Services (“The Alchemy Collaborative Marks”), subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the The Alchemy Collaborative Content or Marks.
The The Alchemy Collaborative Content and Marks displayed on our Services are provided to you AS IS, for your information, and personal use only. The Alchemy Collaborative Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of The Alchemy Collaborative Content obtained through the Services for any commercial purpose.
Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
10. COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide The Alchemy Collaborative LLC’s Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the allegedly infringing material is located on the The Alchemy Collaborative Site, with enough detail that we are able to find it on the Services;
- Your Address, Telephone Number, and Email Address where you may be reached;
- A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, it’s agent, or the law;
- A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf;
Our Designated Copyright Agent to receive notifications of claimed infringement is:
200 Spectrum Center Dr, Suite 300
Irvine, CA 92618
11. TERM AND TERMINATION
By using our Website, you understand and agree that The Alchemy Collaborative LLC, at its sole discretion, and with or without cause or notice to you, can terminate these Terms & Conditions, your access to the Website, or suspend or block your access to the Website.
12. REPRESENTATIONS AND WARRANTIES
The Alchemy Collaborative LLC’s Representations and Warranties
The Alchemy Collaborative LLC represents and warrants that in performing the Services provided in this Agreement that:
- It has the authority and is legally able to form a binding contract with you;
- It will, at a minimum, conform to generally accepted industry standards and practices;
- It will be qualified by education and experience to perform the duties required in this Agreement; and
- It is sufficiently staffed and equipped to fulfill its obligations under this Agreement.
YOUR REPRESENTATIONS AND WARRANTIES
By registering for and using our Services:
- You represent and you warrant that you are legally able to form a binding contract with The Alchemy Collaborative LLC, and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
- You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
- You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
- You agree that you will not engage in any activity that interferes with or disrupts our services or servers or networks connected to our services.
- You represent and you warrant that you will not use our Services in any way considered “prohibited.”
By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless The Alchemy Collaborative LLC, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:
- Any claim due to or arising out of your violation of the Terms & Conditions, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms & Conditions;
- Your use of and/or access (or any use or access by a third party on your account) to the websites or Services;
- Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
- The unavailability of websites or Services.
In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.
14. LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to discontinue use of the Site or Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ALCHEMY COLLABORATIVE LLC, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE , DATA, BUSINESS , OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE THE ALCHEMY COLLABORATIVE LLC SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE ALCHEMY COLLABORATIVE LLC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE ALCHEMY COLLABORATIVE LLC SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO THE ALCHEMY COLLABORATIVE LLC DURING THE PRIOR THREE MONTHS IN QUESTION.
15. INTERNET DELAYS
THE THE ALCHEMY COLLABORATIVE LLC SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
16. EXCLUSIONS AND LIMITATIONS
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms & Conditions, there will not be third party beneficiaries to the Terms of Service
18. NO AGENCY
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and The Alchemy Collaborative LLC by this Agreement.
You agree that we may provide you with notices, including those regarding changes to the Terms & Conditions, by postings on our Site.
Choice of Law and Forum
The Terms & Conditions and the relationship between you and us are governed by the laws of the State of California. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, California.
Location and Data Transfers
Our Services and the servers that make the The Alchemy Collaborative LLC website available may not be located in the country where you live and are governed by U.S. Law. By using our services, you agree to the transfer, collection, processing and use of data by us.
We may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. We may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If The Alchemy Collaborative LLC does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by us in writing.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Alchemy Collaborative LLC Services or the .itions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21. QUESTIONS OR ADDITIONAL INFORMATION
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