Last updated: May 7, 2024

Welcome, and thank you for your interest in The Alchemy of You, LLC, (“Alchemy,” “we,” “our,” or “us”). These Terms of Use (the “Terms”) constitute a legally binding agreement between you and Alchemy governing your access to and use of Alchemy website and related services (collectively, the “Service”). By entering into these Terms, and/or by accessing or using the Service, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms apply to all visitors, users, and others who access or use the Service (“users,” “you,” or “your”). If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of your organization or entity and to bind them to these Terms (in which case, references to “you” and “your” refer to that organization or entity).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER IN SECTION 12, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms, at any time, by posting changes to this page. Your continued access to or use of the Service after such posting confirms your consent to be bound by these Terms, as amended. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

1. Privacy Notice and Additional Terms

Our Privacy Notice explains how we collect, use, and share your information, and is hereby incorporated into these Terms. You agree that your access to and use of the Service is governed by our Privacy Notice. Your use of the Service is subject to all additional terms, policies, rules, or guidelines referenced in these Terms or that we may post on or link from the Service (the “Additional Terms”). All Additional Terms are incorporated by reference into, and made a part of, these Terms.

2. Eligibility

To use the Service you must be, and hereby represent that you are, an individual 18 years or older who can form legally binding contracts. Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are strictly prohibited from accessing or using the Service. Additionally, you are prohibited from accessing or using the Service if you are barred from receiving certain services under applicable law or have previously been suspended or removed from the Service.

3. Restrictions

In addition to any other restrictions set forth in these Terms, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by us to access the Service; (ii) circumvent, disable, or otherwise interfere with security-related features on the Service; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service; (iv) access or use the Service in any manner that may damage, disable, unduly burden, or impair any part of the Service, or any servers or networks connected to the Service; (v) post information or interact with the Service in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vi) use the Service for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Service; (viii) interfere or attempt to interfere with the Service provided to any user or network, including, without limitation, via means of submitting a virus to the Service, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Service in violation of these Terms, or copy or create any derivative work of the Service; (x) use the Service in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; or (xi) develop or operate products or services intended to be offered to third parties in competition with the Service.

4. Service Availability

We make no representations that the Service is appropriate or available for use in any location or geographical region. You access and use the Service at your own volition and are entirely responsible for compliance with all applicable laws, rules, and regulations in the applicable jurisdiction. We may, without prior notice and at our sole discretion, change the Service, stop providing the Service or certain features of the Service, or create usage limits for the Service. Notwithstanding the foregoing, we will endeavor to take reasonable steps to notify you prior to discontinuing any features or making any other changes to the Service.

5. Third-Party Services

The Service may display, include, or make available third-party content (including, without limitation, images, data, and information), or provide links or access to third-party websites, apps, products, or services (collectively, “Third-Party Services”). Any reliance you place on Third-Party Services is strictly at your own risk. We do not endorse or assume any responsibility for any such Third-Party Services and disclaim all liability arising from any use of or reliance placed on such Third-Party Services by you or any user of the Service. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES, INCLUDING THEIR ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT THEREOF. WE DO NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY SERVICES. THIRD-PARTY SERVICES AND LINKS THERETO ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU, AND YOU MAY ACCESS AND USE THEM ENTIRELY AT YOUR OWN RISK AND SUBJECT TO SUCH THIRD PARTIES’ TERMS AND CONDITIONS AND PRIVACY POLICIES.

7. Ownership and Proprietary Rights

Except for Third-Party Services, all data, text, images, logos, software, content, and other information and content available on or through the Service (“Our Material”), are our property. Our Material is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title, and interest in and to Our Material. Except as expressly stated in these Terms, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, transmit, or use any of Our Material, in whole or in part, by any means.

You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service (“Feedback”) will be the sole and exclusive property of us and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback. Any data that we generate from your usage of the Service will be owned by us and handled subject to the terms of our Privacy Notice, as applicable.

8. Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT: (I) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR CORRECT; (II) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (III) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED, OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V)THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SO AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

WE EXERCISE NO CONTROL OVER AND EXPRESSLY DISCLAIM ANY LIABILITY RELATED TO OR ARISING OUT OF ANY THIRD PARTY’S DATA COLLECTION AND USE PRACTICES. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER INJURY OR DAMAGE SUFFERED BY ANY USER HEREUNDER.

If you live in a state that does not allow for the disclaimer of certain warranties, the disclaimers above may not apply to you.

9. Indemnity

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), in any way related to your access to or use of the Service or your breach of any of this Agreement. If you are an organization or entity, then your indemnification obligations under this section also apply to any use of the Service by your authorized users.

We retain the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control over any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICE FOR ANY REASON WHATSOEVER WILL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT PAID BY YOU FOR ANY SERVICE DURING THE ONE (1) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY; OR (II) ONE HUNDRED DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES. IF ANY SERVICE IS PROVIDED AT NO COST TO YOU (SUCH AS USE OF THE WEBSITE OR OUR FREE NEWSLETTER), YOUR USE OF SUCH SERVICE IS “AS IS” AND AT YOUR OWN RISK AND WE DISCLAIM ALL LIABILITY RELATED TO YOUR USE OF ANY FREE SERVICE.

11. Alerts and Notifications

By entering into these Terms or using the Service, you agree to receive communications from us, including e-mails, alerts, and other electronic communications related to the particular Service you use or related to any inquiry from you to us. Standard message and data rates apply to all messages sent to or received from us. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing. Any notification by you to us must be sent to the email address provided below.

12. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time such informal dispute resolution is pursued, then either party may initiate binding arbitration. Except as expressly set forth herein, any dispute, claim, or controversy (each, a “Claim”) arising out of or relating to these Terms will be settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Consumer Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any Claim that all or any part of these Terms is void or voidable. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act, 9 U.S.C. § 1, et seq. shall exclusively govern the interpretation and enforcement of any arbitration. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

Each party acknowledges and agrees to waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, each party retains the right to bring an individual action in small claims court or the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright, trademark, trade secret, patent, or other intellectual property right. If any court or arbitrator determines that the foregoing class action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

In addition to the severability provisions set forth above, in the event that any portion of this arbitration provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of this section shall be given full force and effect. Any Claim or cause of action you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

13. Termination

These Terms are effective so long as you use the Service or until otherwise terminated by you or us as described herein. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason.

14. General

Except as provided above, these Terms are governed by the laws of the State of New York, without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York City, New York for the purpose of litigating any dispute. You may not assign or transfer these Terms or your rights herein, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. If any portion of these Terms is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms. No waiver by us of any breach or default of these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms represents the complete agreement between us and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between us and you.

15. Contact

Please contact us with any questions regarding these Terms at hello@elementsofus.com.