Terms and Conditions

Last Updated January 12, 2024

Tiana Alchemy Coaching Account User Terms and Conditions

Last Updated on January 12, 2024

This Agreement sets forth Your rights and obligations as a Tiana Alchemy Coaching Account User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.

I. Definitions

A. “Tiana Alchemy Coaching” as a Party means and refers to Tiana Alchemy Coaching doing business as Tiana Alchemy or Tiana Miandiana owner(s), parent company(ies), affiliate entities, and employees, and assigns.

B. “Parties” mean Tiana Alchemy Coaching, Tiana Alchemy and you. Tiana Alchemy Coaching, Tiana Alchemy and You are each a “Party.”

C. “Terms” mean and refer to Tiana Alchemy Coaching User Terms and Conditions set forth herein.

D. “User” refers to a person who has created a Tiana Alchemy Coaching User Account. “User Account” refers to a Tiana Alchemy Coaching Client User Account.

E. “You”and “Your” means the Tiana Alchemy Coaching Account User who has executed this Agreement by clicking “I Agree.”

II. Becoming a Tiana Alchemy Coaching Account User: By clicking “I Agree” to these Terms, transferring payment to Tiana Alchemy Coaching and creating a User Account, You become a Tiana Alchemy Coaching Account User. There are various products and services available to Users, and monthly prices applicable to such products and services. Tiana Alchemy Coaching, services, and prices are posted tianaalchemy.com, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted tianaalchemy.com. By clicking “I Agree” and providing Tiana Alchemy Coaching Your credit card information, You authorize Tiana Alchemy Coaching and Tiana Alchemy to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of Tiana Alchemy Coaching and services, and unless You terminate this agreement as provided herein, You agree that Tiana Alchemy Coaching may charge Your credit card one time or monthly for the products and services You have selected, and You consent to any price changes for such services.

III. Term and Termination

Your User contract with Tiana Alchemy Coaching and Tiana Alchemy begins when You click “I Agree,” and will continue month-to-month if agreed to between parties until either:

A. Tiana Alchemy Coaching cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to Tiana Alchemy Coaching

OR

B. You provide Tiana Alchemy Coaching ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account if applicable. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to Tiana Alchemy Coaching and Tiana Alchemy.

OR

C. Your credit card or Tiana Alchemy Coaching or Tiana Alchemy charge is denied for any reason and You do not provide Tiana Alchemy Coaching a new credit card within ten (10) days.

IV. No License to use Tiana Alchemy Coaching Marks Any content on any Tiana Alchemy Coaching website may constitute the intellectual property of Tiana Alchemy Coaching. Except where expressly authorized, no material on any Tiana Alchemy Coaching website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Tiana Alchemy Coaching trademark and logo are proprietary marks of Tiana Alchemy Coaching, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Tiana Alchemy Coaching or any of Tiana Alchemy Coaching affiliates.

V. Indemnity.

You agree to protect, defend, indemnify and hold harmless Tiana Alchemy Coaching, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Tiana Alchemy Coaching and Tiana Alchemy for liability for payments for, damages caused by, or other liability relating to, You.

VI. No Warranty; No Leads.

Tiana Alchemy Coaching and Tiana Alchemy does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Tiana Alchemy Coaching and Tiana Alchemy will not at any time provide sales leads or referrals to You. Additionally, Tiana Alchemy Coaching and Tiana Alchemy WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

What's Your Next Move and Tiana Alchemy MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY Tiana Alchemy Coaching or Tiana Alchemy WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK.

Tiana Alchemy Coaching and Tiana Alchemy MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY [name of mortgage broker] WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY Tiana Alchemy Coaching or Tiana Alchemy WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED;OR (C) THAT ANY Tiana Alchemy Coaching or Tiana Alchemy WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY Tiana Alchemy Coaching or Tiana Alchemy WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Tiana Alchemy Coaching and Tiana Alchemy websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any Tiana Alchemy Coaching and Tiana Alchemy website and these Terms, these Terms shall control.

VII. Limitation of Liability.

YOU AGREE THAT IN NO EVENT SHALL Tiana Alchemy LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF ONE (1) TIMES THE PAYMENTS PAID BY YOU TO What's Your Next Move and Tiana Alchemy FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST Tiana Alchemy Coaching and Tiana Alchemy OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

VIII. Force Majeure.

Tiana Alchemy Coaching and Tiana Alchemy will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Tiana Alchemy Coaching and Tiana Alchemy . Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Tiana Alchemy Coaching and Tiana Alchemy shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

IX. Assignment of Rights.

Tiana Alchemy Coaching and Tiana Alchemy may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Tiana Alchemy Coaching or Tiana Alchemy or its assigns express written consent.X. Information; Registration; User Names and Passwords

As an client of Tiana Alchemy Coaching or Tiana Alchemy or User of Tiana Alchemy Coaching and Tiana Alchemy website, You may/will be required to create an account with Tiana Alchemy Coaching and Tiana Alchemy

ll. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Tiana Alchemy Coaching and Tiana Alchemy under Your User Account. You agree to immediately notify Tiana Alchemy of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that Tiana Alchemy Coaching and Tiana Alchemy is not liable, and You will hold Tiana Alchemy Coaching and Tiana Alchemy harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

XI. Release/Authorization to Use Photographs. You grant Tiana Alchemy permission to use any and all photographs taken by Tiana Alchemy Coaching or Tiana Alchemy or its agents or employees, or submitted by You to Tiana Alchemy Coaching or Tiana Alchemy (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Tiana Alchemy Coaching or Tiana Alchemy or any product or service sold and marketed by Tiana Alchemy Coaching or Tiana Alchemy . You agree that this authorization to use Photographs may be assigned by Tiana Alchemy Coaching and Tiana Alchemy to any other party. You agree that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Tiana Alchemy Coaching sole discretion.

You agree not to charge a royalty or fee, and not to make any other monetary assessment against Tiana Alchemy Coaching and Tiana Alchemy in exchange for this Release and Assignment. You hereby release and forever discharge Tiana Alchemy Coaching and Tiana Alchemy from any and all liability and from any damages You may suffer as a result of the use of the Photographs.

You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.XII. Prohibited Activity. Tiana Alchemy Coaching and Tiana Alchemy has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:

A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Tiana Alchemy Coaching and Tiana Alchemy reputation; and the violation of the rights of Tiana Alchemy Coaching or Tiana Alchemy or any third party.

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Tiana Alchemy Coaching and Tiana Alchemy ’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.

XIII. Contact If You have any questions or complaints concerning any of the Terms, Tiana Alchemy by e-mail at tianaalchemy@tianaalchemy.com, or by regular mail at 52 Brookfield Street, Toronto, Ontario. M6J3A9XIV. Digital Millennium Copyright Act If You believe that materials or content available on any Tiana Alchemy Coaching website infringes any copyright You own, You or Your agent may send Tiana Alchemy Coaching and Tiana Alchemy a notice requesting that Tiana Alchemy Coaching and Tiana Alchemy remove the materials or content from the Tiana Alchemy Coaching website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Tiana Alchemy a counter-notice. XV. Arbitration, Governing Law, and Attorneys’ Fees.

A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Tiana Alchemy Coaching and Tiana Alchemy including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Toronto, Ontario. You agree not to file suit against Tiana Alchemy Coaching and Tiana Alchemy or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by Tiana Alchemy . In the event that You and Tiana Alchemy are unable to reach agreement on an Arbitrator, You and Tiana Alchemy will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Toronto, Ontario Canada. The arbitrators selected by You and Tiana Alchemy will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Tiana Alchemy and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.

B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the California without regard to any choice of law provisions.

C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Tiana Alchemy to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Tiana Alchemy may not be joined or consolidated with claims brought by anyone else.

D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.

E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Tiana Alchemy Coaching and Tiana Alchemy from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Tiana Alchemy rights prior to, during, or following any arbitration proceeding.

F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Tiana Alchemy commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

XVI. Changes to Terms: Tiana Alchemy Coaching and Tiana Alchemy reserves the right to change these Terms, in whole or in part, from time to time at Tiana Alchemy Coaching and Tiana Alchemy sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms [insert URL for mortgage broker's website terms and conditions page]. By Your continued use of Tiana Alchemy Coaching services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.

XVII. Severability If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

XVIII. Waiver. No waiver by Tiana Alchemy Coaching and Tiana Alchemy of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

XIX. Heading. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

XX.Notice. Any notice required to be given to Tiana Alchemy Coaching and Tiana Alchemy under or related to these Terms must be in writing, addressed as follows:Tiana Alchemy 161 Carlaw Avenue, Toronto, Ontario M4M 2R8. Notices to You may be made by posting a notice (or a link to a notice) on www.tianaalchemy.com website terms and conditions page, by e-mail, or by regular mail, at Tiana Alchemy discretion.