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Terms & Conditions

 

1. Introduction 

 

Welcome to our website. These Terms and Conditions govern your use of our website located at https://www.alexiapalau.com/ (the "Website") and the Fractional, Consulting, Coaching, Advisory, Board Member and Speaking services (the "Services") we provide.

By using the Website, you agree to be bound by these Terms of Service and to use the website in accordance with these Terms of Service, our Privacy Policy, our Refund Policy and any additional terms and conditions that may apply to specific sections of the Website or to products and services available through the Website or from AP Marketing & Automation Consulting. Accessing the Website, in any manner, whether automated or otherwise, constitutes use of the Website and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Website, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Website after we post any such changes, you accept the Terms of Service, as modified.

If you disagree with any part of these terms, please do not use our Website or Services. 

2. Definitions 

  • “Partner”, "Client," "You," and "Your" refers to you, the person or entity accessing this Website and accepting these Terms and Conditions. 

  • "Company," "We," "Us," and "Our" refers to AP Marketing & Automation Consulting. 

  • "Party" or "Parties" refers to both the Client and ourselves, or either the Client or ourselves. 

  • "Content" means any intellectual property, information, or material that appears on our Website. 

  • "Services" means the Fractional, Consulting, Coaching, Advisory, Board Member and Speaking services provided by us. 

3. Services Description 

 

We provide Fractional, Consulting, Coaching, Advisory, Board Member and Speaking services with a focus on Marketing, Strategy, Operations and Automation to businesses of all sizes and business models, which may include but are not limited to marketing strategy development, marketing team leadership, brand positioning, go-to-market planning, and other marketing management services as agreed upon in a separate Service Agreement. 

4. Use of Website 

 

You may only use our Website for lawful purposes and in accordance with these Terms. You agree not to: 

  • Use our Website in any way that violates applicable local, state, national, or international law or regulation 

  • Use our Website to transmit any material that is defamatory, offensive, or otherwise objectionable 

  • Attempt to gain unauthorized access to any portion of our Website 

  • Use our Website to collect or harvest personally identifiable information 

  • Use our Website to impersonate any person or entity or falsely state your affiliation with a person or entity

 

5. Intellectual Property 

 

Our Limited License to You. This Website and its original content, features, functionality and all the materials available on the Website are the property of AP Marketing & Automation Consulting and/or our affiliates or licensors, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Website is provided solely for your personal noncommercial use. You may not use the Website or content, features, functionality and all the materials available on the Website in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Website. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

6. User-Provided Information 

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Website, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to AP Marketing & Automation Consulting from their creation. Thus, AP Marketing & Automation Consulting shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as AP Marketing & Automation Consulting determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to AP Marketing & Automation Consulting all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that AP Marketing & Automation Consulting has the right but not the obligation to use and display any postings or contributions of any kind and that AP Marketing & Automation Consulting may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

7. Service Agreements 

 

Our Fractional, Consulting, Coaching, Advisory, Board Member and Speaking services are governed by separate Service Agreements executed between our Company and Clients. These Terms and Conditions supplement but do not replace such Service Agreements. 

8. No Warranties 

 

THE SERVICES PROVIDED BY AP MARKETING & AUTOMATION CONSULTING ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. USE OF THE PROGRAM IS ENTIRELY AT YOUR RISK. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AP MARKETING & AUTOMATION CONSULTING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR THE PROGRAM, WHETHER PROVIDED OR OWNED BY AP MARKETING & AUTOMATION CONSULTING OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE PROGRAM AND AP MARKETING & AUTOMATION CONSULTING DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY PROGRAM CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AP MARKETING & AUTOMATION CONSULTING SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN NO EVENT WHATSOEVER SHALL AP MARKETING & AUTOMATION CONSULTING, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER DIRECTLY OR INDIRECTLY ARISING, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S BREACH OF CONTRACT OR NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE PROGRAM AND THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. AP MARKETING & AUTOMATION CONSULTING NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, AP MARKETING & AUTOMATION CONSULTING IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, OR THE PROGRAM, AP MARKETING & AUTOMATION CONSULTING’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO AP MARKETING & AUTOMATION CONSULTING IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US $500.00. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Limitation of Liability 

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS WEBSITE IS CONTINUALLY UNDER DEVELOPMENT AND AP MARKETING & AUTOMATION CONSULTING MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO FINANCIAL CONTENT ON THE WEBSITE:

NEITHER AP MARKETING & AUTOMATION CONSULTING NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISERS AND NOTHING CONTAINED ON THE WEBSITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE.

THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL.

The information contained in this program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting, or related advice.

The end user of this information should therefore use the contents of this program and the materials as a general guideline and not as the ultimate source of current information and when appropriate the user should consult their own legal, accounting or other advisors.

Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.

THE INFORMATION PROVIDED IN THIS PRODUCT IS SOLD AND PROVIDED ON AN “AS IS” BASIS. AP MARKETING & AUTOMATION CONSULTING DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN.THOSE RESULTS ARE YOUR RESPONSIBILITY AS THE END USER OF THE PRODUCT. (SOME STATES DO NOT ALLOW LIMITED WARRANTIES, SO THIS MAY NOT APPLY TO YOU.) IN PARTICULAR, AP MARKETING & AUTOMATION CONSULTING SHALL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DAMAGES, OR COSTS, OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER COSTS OR DAMAGES, IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR SERVICES. THESE LIMITATIONS MAY BE AFFECTED BY THE LAWS OF PARTICULAR STATES AND JURISDICTIONS AND AS SUCH MAY BE APPLIED IN A DIFFERENT MANNER TO A PARTICULAR USER.

 

10. Earnings and Income Disclaimer

 

Through our Service and products, we provide 1:1 Executive Career and Group Coaching, Leadership development content, transformation strategies, information, and tools. However, individual success depends on many factors including your skills, knowledge, ability, dedication, business savvy, network, and financial situation. We do not guarantee that you will attain a particular result or earn success using our ideas, tools, strategies or recommendations. Nothing on our Websites is a promise or guarantee of earnings or income. Any examples of success of income earned by our customers is not to be interpreted as common, typical, expected, or normal. Your level of success in attaining the results claimed depends on the time you devote, the ideas and techniques you implement, your finances, knowledge, and various skills. No guarantees are made that you will achieve results similar to those featured in any case study or testimonial. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

Any income or earnings statements are estimates of income potential only, and there is no assurance that your earnings will match the figures we present. There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the Internet that we cannot foresee which can reduce the results you experience. We are not responsible for your actions. Any claims made of actual earnings or examples of actual results can be verified upon request. Your actual level of success is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Websites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Websites, and we offer no professional legal, medical, psychological or financial advice.

11. Termination

Each of our products has its own access period to the relevant materials. For example, our personalized coaching service (such as "The Performance Mindset" program) is time dependent.

We maintain the right to cancel or terminate your right to use the Website or any part of the Website at any time without notice if we determine that there has been any abuse of our services or materials (such as, but not limited to, stealing of IP or harassing other clients). In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

12. Refund Policy

COACHING PROGRAMS GUARANTEE: ONCE PAYMENT IS MADE FOR BOOKING A SESSION, FEES ARE 100% NON-REFUNDABLE, BUT SESSION FEES CAN BE APPLIED TO AN APPOINTMENT AT A LATER DATE IF YOU NEED TO RESCHEDULE. CLIENTS HAVE 6 MONTHS FROM THE DATE OF REGISTRATION TO USE THEIR COACHING PACKAGES. TO RESCHEDULE, YOU MUST DO SO PRIOR TO 48 HOURS BEFORE YOUR SESSION BEGINS.

Coachee acknowledges and agrees that any scheduled session canceled by Coachee with less than 48 hours prior written notice, or any session missed (no-show) by the Coachee without prior notice, shall be deemed a fulfilled service. This policy is necessary to compensate the Coach for the committed time slot and lost opportunity to offer it to other waiting coachees, thereby protecting the Coach established service capacity and scheduling integrity.

Coachee understands that if they have booked and scheduled a session, the Coach has prepared for the session in advance, and has been online during the scheduled appointment - this would count the session as 'completed'.

What counts as no-shows:

  • Non-participation on the scheduled date

  • Rescheduling / canceling the meeting less than an hour before the appointment

ONLINE COURSE AND WORKSHOPS GUARANTEE: PROGRAM COMES WITH A 10-DAY, CONDITIONAL MONEY BACK GUARANTEE. IF BUYER IS NOT FULLY SATISFIED AND MEETS THE TERMS AND CONDITIONS SET FORTH FOR EACH PRODUCT PURCHASED, THEY MAY REQUEST A REFUND IF WITHIN 10 DAYS FROM DATE OF PURCHASE.

 

In the case a member wishes to defer their participation from one course session to a later one, this will be considered on a case-by-case basis, and if allowed and deferment is granted, the deferred member will forego their eligibility for refund. 

 

If at any time, members fall behind on their monthly payment plan, their access to the program, calls, recordings and materials will be put on hold until payments are brought current. Prices for future course and service offerings are subject to change without notice.

Your purchase of other products or services or tickets to an event may or may not provide for any refund. 

Our coaching programs require the signing of specific terms of enrollment, within which each individual refund policy is clearly stated.

We do not offer a money-back guarantee for sessions, in the case that the session has not met your expectations. 

13. Indemnification 

 

You agree to defend, indemnify and hold harmless AP Marketing & Automation Consulting, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Program or any AP Marketing & Automation Consulting services or your use of any information obtained through any of the above.

14. Third-Party Links 

 

Throughout the Website, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Website or on websites linked to by us on the Website.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not AP Marketing & Automation Consulting. Neither AP Marketing & Automation Consulting nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, AP Marketing & Automation Consulting neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Websites by anyone other than an authorized AP Marketing & Automation Consulting representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY AP MARKETING & AUTOMATION CONSULTING AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless AP Marketing & Automation Consulting its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Limitations on Linking and Framing. You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another website or other service any of our material, content or intellectual property.

15. Miscellaneous

 

(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the AP Marketing & Automation Consulting Website. You may not use the AP Marketing & Automation Consulting Website to compile a collection of listings, including a competing listing product or service. You may not use the Website or any Materials for any unsolicited commercial e-mail.

 

(b) Intended Audience. This Website is intended for adults only. This website is not intended for any children under the age of 18.

 

(c) Compliance with Laws. You agree to comply with all applicable international laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

 

(d) Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy here. AP Marketing & Automation Consulting reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

 

(e) The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by AP Marketing & Automation Consulting infringe your copyright, you, or your agent may send to AP Marketing & Automation Consulting a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon AP Marketing & Automation Consulting actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to AP Marketing & Automation Consulting a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. AP Marketing & Automation Consulting's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: consult@alexiapalau.com.

16. Online Commerce 

 

Certain sections of the Website may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Website or on a site linked to by the Website, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Website.

Your participation, correspondence or business dealings with any third party found on or through our Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that AP Marketing & Automation Consulting shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

17. Subscription 


Billing. Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or AP Marketing & Automation Consulting cancels it. You may cancel your Subscription renewal by contacting AP Marketing & Automation Consulting customer support at consult@alexiapalau.com. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide AP Marketing & Automation Consulting with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize AP Marketing & Automation Consulting to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, AP Marketing & Automation Consulting will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

IMPORTANT NOTICE ABOUT RECURRING CHARGES: By purchasing a subscription product or service, you agree that your subscription will be automatically renewed at the end of each billing period until you cancel. Your account will be charged the subscription rate plus applicable taxes each billing period until cancellation. You may cancel at any time by logging into your account or contacting consult@alexiapalau.com. If you cancel, you will continue to have access for the remainder of the current billing period but will not be entitled to a refund of any portion of the fee.

Fee Changes. AP Marketing & Automation Consulting, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. AP Marketing & Automation Consulting will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. If you do not receive communication from us, please contact us here. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

18. Interactive Features 

 

This Website may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Website, or sent via any email services on the Website, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Website. It is a condition of your use of the Website that you do not:

  • Restrict or inhibit any other user from using and enjoying the Website.

  • Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website.

  • Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

  • Gain unauthorized access to the Website, or any account, computer system, or network connected to this Website, by means such as hacking, password mining or other illicit means.

  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.

  • Use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

  • Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

  • Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.

  • Use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

  • Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.

AP Marketing & Automation Consulting may host message boards, chats and other public forums on its Websites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. AP Marketing & Automation Consulting or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by AP Marketing & Automation Consulting staff, AP Marketing & Automation Consulting's outside contributors, or by users not connected with AP Marketing & Automation Consulting, some of whom may employ anonymous user names. AP Marketing & Automation Consulting expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of AP Marketing & Automation Consulting or any of its subsidiaries or affiliates.

AP Marketing & Automation Consulting has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Websites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

19. Registration 

 

To access certain features of the Website, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Website, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

20. Passwords 

 

To use certain features of the Website, you will need a username and password, which you will receive through the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

21. Testimonials Disclosure

 

Testimonials are examples of real experiences and opinions from paying users of AP Marketing & Automation Consulting. Each testimonial is the individual user's own experience and is not intended to be representative of everyone else's experience. They are not indicative of future performance or success. AP Marketing & Automation Consulting does not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services. AP Marketing & Automation Consulting is not responsible for the opinions and statements posted in testimonials. These opinions are strictly the views of the reviewers.

The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some have been shortened, meaning not the whole message received by the testimonial writer is displayed. AP Marketing & Automation Consulting is not responsible for any of the opinions or comments posted to our Websites. AP Marketing & Automation Consulting is not a forum for testimonials, however provides testimonials as a means for customers to share their actual experiences with one another. To protect against abuse, all testimonials appear after they have been reviewed by management of AP Marketing & Automation Consulting. AP Marketing & Automation Consulting does not share the opinions, views or commentary of any testimonials - the opinions are strictly the views of the testimonial source. The testimonials are never intended as a recommendation of a specific company or individual.

22. Modifications 

 

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. 

23. Governing Law 

 

This Agreement will be governed by New York law, without regard to conflict of laws principles. If a provision of this Agreement is deemed unenforceable as written, such provision shall be interpreted so as to give it legal force, and all other provision of the Agreement shall remain in full effect. All disputes relating to this Agreement will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in the City of New York. The prevailing party will be awarded all reasonable costs and fees, including without limitation reasonable attorneys’ fees. All claims you bring against AP Marketing & Automation Consulting must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, AP Marketing & Automation Consulting may recover reasonable attorney’s fees and costs, provided that AP Marketing & Automation Consulting has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim within thirty (30) days of such notice.

24. Dispute Resolution 

 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and any dispute shall be subject to binding arbitration in New York, New York. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

25. Waiver & Class Action Waiver

If we do not enforce any part of this Agreement, it does not mean we give up the right to later enforce that or any other part of this Agreement. In order for any waiver of compliance with this Agreement to be binding, AP Marketing & Automation Consulting must provide you with written notice of such waiver through one of our authorized representatives.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

26. Severability 

 

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

The following terms specifically relate to any Program agreements offered by AP Marketing & Automation Consulting and entered into by an Officer of AP Marketing & Automation Consulting.

By joining the Program you agree that AP Marketing & Automation Consulting can store the personal information you provide for use in connection with your use of the Program. AP Marketing & Automation Consulting will not share your information without your permission and will use your personal information only to facilitate your use of the Program. If your contact or payment details change, it is your responsibility to let us know in a timely fashion.

Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in this agreement. Any samples, descriptive matter, or advertising issued by the Company and any descriptions or illustrations contained in the Company's website or other materials are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of this agreement between the Company and the Client.

We respect your privacy and require that you respect the privacy of fellow Program participants and AP Marketing & Automation Consulting.

  1. Confidential and proprietary information, ideas, plans and trade secrets (collectively, “Confidential Information”) of fellow Program participants and of AP Marketing & Automation Consulting must remain confidential. Thus, you agree 1) not to infringe upon any Program participant’s or AP Marketing & Automation Consulting's copyrights, patents, trademarks, trade secrets or other intellectual property rights; 2) that any Confidential Information shared by Program participants or any representative of AP Marketing & Automation Consulting is confidential and proprietary, and any such Confidential Information belongs solely and exclusively to the party who discloses such information; 3) not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions; and 4) not to share the identity of any Program participants publicly, including on social media.

  2. Further you acknowledge and agree that: 1) that all materials and information provided to you by AP Marketing & Automation Consulting are confidential and proprietary intellectual property which belongs solely and exclusively to AP Marketing & Automation Consulting, and may only be used by you as authorized in writing by AP Marketing & Automation Consulting; 2) reproduction, distribution, or sale of these materials by anyone but AP Marketing & Automation Consulting is strictly prohibited; 3) that if you violate, or display any likelihood of violating, any of the sections contained in this Section or referenced in this Agreement, AP Marketing & Automation Consulting and/or other Program participants will be entitled to injunctive relief against you for any such violations.

  3. A breach of any of the promises or agreements contained herein will result in irreparable and continuing damage to AP Marketing & Automation Consulting for which there will be no adequate remedy at law, and AP Marketing & Automation Consulting shall be entitled to injunctive relief without the necessity of posting bond or proving actual damages, and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate). While you are free to discuss your individual results from this Program or any other AP Marketing & Automation Consulting program or training, you must keep the experiences and statements, oral or written, of all other participants, and the details of AP Marketing & Automation Consulting’s program materials in the strictest of confidence.

    Except as expressly granted in this Agreement, AP Marketing & Automation Consulting reserves and retains all right, title and interest in the Program and all services, including, without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that AP Marketing & Automation Consulting’s Program and services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with AP Marketing & Automation Consulting’s prior written consent or as explicitly provided in this Agreement, (1) you have not been granted any ownership of any intellectual property rights; and (2) you do not have the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. In particular, audio or video content provided by AP Marketing & Automation Consulting not explicitly indicated as downloadable may not be downloaded or copied. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials provided by AP Marketing & Automation Consulting. If you make other use of the services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

  4. Third Party Materials and Listings: Services provided by AP Marketing & Automation Consulting, including job listings, may incorporate third party content, data, information, applications or materials (“Third Party Materials”). You acknowledge and agree that that AP Marketing & Automation Consulting is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of Third Party Materials. AP Marketing & Automation Consulting expressly disclaims any responsibility for all aspects of Third Party Materials and you further acknowledges and agree that AP Marketing & Automation Consulting shall not be liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, listings, goods or services in connection with any Third Party Materials. Use of any third-party trademarks or third-party content on or in connection with the services does not constitute affiliation with or endorsement of these third parties. Nothing in this Agreement grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

    For the purposes of any feedback, review, testimonial or success story that you willingly share with AP Marketing & Automation Consulting, you hereby consent to the use of your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, print media and the internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. Your consent is granted to AP Marketing & Automation Consulting and extends to such use without restriction or limitation as to time or geographic boundary. You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by AP Marketing & Automation Consulting for any product and/or service in connection with such use and publication. You also waive any right to inspect, review or approve any photograph, recording, or other written material at any time, and waive the right to approve the use and medium of publication determined by AP Marketing & Automation Consulting. You understand that AP Marketing & Automation Consulting owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.

 

You warrant that you are legally capable of entering into this Agreement; all information provided is truthful and accurate; you will maintain the accuracy of all information; and your participation in the Program will not violate any applicable law or regulation.

27. Entire Agreement 

 

This Agreement constitutes the entire agreement between you and AP Marketing & Automation Consulting and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these services. Any rights not expressly granted herein are reserved. Each party confirms that it has not relied upon, and shall have no remedy in respect of any agreement, warranty, statement, representation or undertaking unless set out expressly in this Agreement. If any of the provisions of this Agreement are held illegal, inapplicable or non-executable by a court of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and remain enforceable and said ruling will not affect any other provision set forth in this Agreement and will not render such other provisions invalid, inapplicable or non-executable.​

This Agreement shall be binding upon and inure to the benefit of AP Marketing & Automation Consulting and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of AP Marketing & Automation Consulting notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by AP Marketing & Automation Consulting to any affiliated entity or any of its wholly owned subsidiaries.

28. Contact Information 

 

If you have any questions about these Terms, please contact us at: 

AP Marketing & Automation Consulting

consult@alexiapalau.com
 

Last Updated: 01.19.2026

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