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TERMS AND CONDITIONS

Last updated: March 15, 2024

TERMS OF SERVICE

This website is operated by Aarona Leá / Aarona Pichinson. Throughout the site, the terms “Aarona Leá", "Aarona Pichinson”, “we”, “us” and “our” refer to Aarona Leá / Aarona Pichinson, and any of its partners, subsidiaries, divisions, or affiliated entities. We offer this website, including, but not limited to, all information, products, courses, retreats, sessions, mentorship, consulting, coaches and coaching, memberships, trainings, tools and services, software, mobile applications, and any other tangible, posters, electronic or digital products that are made available by us and which include a link to or otherwise present these Terms (collectively, the “Services”), available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

These Terms apply regardless of the device used to access the Services, including without limitation a personal computer, mobile device, consumer electronics device, or any other technology or software known today or developed in the future. 

By accessing and using the Services from us, or by uploading or posting any User Content (as defined below) to the Services, you, your heirs, and assigns (collectively, “you”) are indicating that you have read, understand, and accept to be bound by the following terms and conditions (“Terms of Service”, “Terms”), and the Privacy Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

At our sole discretion, we may modify or replace the Terms or the Privacy Policy at any time.  Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Kajabi, LLC. They provide us with the online e-commerce learning and product platform that allows us to sell our products and services to you.

SECTION 1 - ELIGIBILITY

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

If you do not meet the eligibility requirements of this section, then you are not permitted to use the Services and you agree that you will not use the Services.  In addition to any other rights that we have in law or equity, Aarona Leá / Aarona Pichinson reserves the right to suspend or terminate the account of any purported user of the Services who does not meet the foregoing requirements. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse use of the Services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Service, or access to the Service or any content on the website through which the Services are provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION / DISCLAIMER

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

By using or accessing the site or any Services, you also confirm and agree that you have reviewed, understand and consent to our Disclaimer.  


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display and present as accurately as possible the colors and images of our products that appear at the store and the Services promised. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our site may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER CONTENT

The Services may enable you to submit, post, upload, or otherwise make available through the Services content such as video clips, photographs, public messages, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other users. When submitting User Content on or through your use of any of the Services, you agree to abide by these Terms and the below Code of Conduct.  

You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the User Content originated. You represent and warrant that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content on or through the Services without violating any third-party rights.

All User Content submitted on or through the use of any of the Services shall be and remain property of Aarona Leá / Aarona Pichinson

Such disclosure, submission or offer of any User Content shall constitute an assignment to Aarona Leá / Aarona Pichinson of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content without payment of any compensation.

Thus, Aarona Leá / Aarona Pichinson will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any User Content.  We shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content.

You agree that no User Content submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no User Content submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for any User Content you submit and agree to abide by the Code of Conduct.

You agree that you will indemnify, defend, and hold harmless Aarona Leá / Aarona Pichinson for all claims resulting from User Content you submit.

Without limiting the foregoing, Aarona Leá / Aarona Pichinson and its designees shall have the right to remove any User Content that violates the Terms, Code of Conduct, or is otherwise objectionable in our sole discretion. You are solely responsible for your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor disputes between you and other users.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 12 – CODE OF CONDUCT

You promise not to use the Services for any purpose that is unlawful or prohibited by these Terms or the Code of Conduct, or any other purpose not reasonably intended by Aarona Leá / Aarona Pichinson. 

We offer this website, including, but not limited to, all information, products, courses, retreats, sessions, coaches, memberships, trainings, tools and services, software, mobile applications, and any other tangible, electronic or digital products that are made available by us and which include a link to or otherwise present these Terms (collectively, the “Services”). Throughout the site, the terms “Aarona Leá”, “we”, “us” and “our” refer to Aarona Pichinson / Aarona Leá, and any of its partners, subsidiaries, divisions, or affiliated entities.


You promise not to use the “Services” for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Aarona Leá / Aarona Pichinson. By way of example, and not as a limitation, you agree:


The Aarona Leá / Aarona Pichinson's community, like any community, functions best when its users follow a few simple rules. By accessing and/or using any of the “Services” used to foster community and/or support Aarona Leá / Aarona Pichinson's staff doing its duty, you agree to comply with these community guidelines (the “Community Guidelines” and “Code of Conduct”).

You will also comply with all applicable laws in your use of the Services and Websites and will not use the Services and Websites for any unlawful purpose;

  • that you will not abuse, harass, stalk, impersonate, intimidate or threaten other users, staff, members of our team, or anyone affiliated with our Services.
  • that you will not post any content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, sexual identity, disability or other classification.
  • that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, or invasive of another’s privacy.
  • that you will not make available through the Services or Websites any information that infringes any intellectual property, publicity or privacy rights of any other person or entity.
  • that you will not copy, download (other than through page caching necessary for personal use, downloading a mobile application, or as otherwise expressly permitted by these Terms), modify, distribute, transmit, display, perform, reproduce, broadcast, duplicate, publish, license, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services other than your own User Content as set forth herein, by any means except as provided for in these Terms or with the prior written consent of Aarona Leá / Aarona Pichinson.
  • that you will not post material that advocates illegal activity or discusses illegal activities with the intent to commit them (in either case as determined by Aarona Leá / Aarona Pichinson in its sole discretion).
  • that you will not post, utilize or otherwise make available any other party’s intellectual property unless you have the right to do so, whether through an assignment of rights, use waiver, license, fair-use exception, or under generally accepted news practices.
  • that you will not post any trade secrets or other confidential or proprietary information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  • that you will not provide false information about you or any other person through the Services.
  • that you will not through misrepresentation or otherwise, solicit personal or sensitive information from other users such as address, credit card or financial account information, or passwords.
  • that you will not violate the law or encourage conduct that would constitute a criminal offense or give rise to civil liability.
  • that you will use the Services for personal and non-commercial purposes only.
  • that you will not use the Services to advertise, solicit or transmit commercial advertisements, including without limitation junk e-mail, spam, spim (e.g., unsolicited text messages), or any other unsolicited messages regardless of the medium (e.g., email, text, SMS, chat).
  • that you will use the Services only for lawful purposes. This means that you will not use the Services to directly or indirectly violate any applicable law, rule or regulation or use the Services in any manner that would promote, aid or abet the violation of any applicable law, rule or regulation.
  • that you will not transfer, sell or trade the Services to anyone without written permission from The Moon Deck.
  • that you will not use the Services in a way that interferes with any other party’s use and enjoyment of the Services.

    Violation of these Community Guidelines and this Code of Conduct may result in you being removed from the Services and/or the canceling of your account or right and ability to use the Services. You acknowledge and agree that Aarona Leá / Aarona Pichinson may in its sole discretion deny any User access to any of the Services without notice or remove any User Content, block access to the Services or the content therein, and terminate any account at any time for any reason or no reason. To report violations of these Terms, please contact us at [email protected]

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the Services is at your sole risk.

The Services and all products and offerings delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Aarona Leá / Aarona Pichinson, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AARONA LEÁ / AARONA PICHINSON LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR GENERAL USE OF THE SERVICES DURING THE TERM OF YOUR USE OF THE SERVICES.  

SECTION 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Aarona Leá / Aarona Pichinson and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, liabilities, damages, losses, actions or expenses, including reasonable attorneys’ fees, arising out or in any way connected with (1) your access to our Services or your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party; (2) your User Content; (3) your interaction with any other users; or (4) any claims made by any third party in connection with our use of the Services, the receipt, ownership, use or misuse of any products or Services made available on or through the Services.  

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. 

You may terminate these Terms of Service at any time by notifying us at [email protected] that you no longer wish to use our Services and wish to terminate your account.  

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, or the Code of Conduct, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – MEMBERSHIP / COURSE / REFUND POLICY

For information regarding refunds for products, please see our Refund and Return Policy.  

Our Memberships or Community Spaces are non-refundable. For information and additional details on your membership, please see our Membership policy.  

The Refund and Return Policy and Membership Policy are incorporated by reference into these general Terms of Service.   

SECTION 18 - ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Mexico without regard to conflict of law provisions. 

Dispute Resolution Process: In the event of any dispute between the parties arising out of or in connection with this Agreement other than with respect to the termination thereof, the following dispute resolution process will apply unless the parties otherwise agree in writing: (a) the parties must initially attempt to resolve the dispute through collaborative negotiation; and (b) if the dispute cannot be resolved through collaborative negotiation within thirty (30) calendar days of the dispute arising, the parties may between themselves agree to submit the particular matter to mediation in accordance with the laws of the state of New Mexico. Unless the parties agree otherwise in writing, the mediation under this section will be held in New Mexico; (c) Any dispute between the parties that cannot be resolved by mediation shall be settled and determined by a Court of competent jurisdiction in New Mexico, NM.  

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].