Terms of Use

Last Updated: November 18, 2021

This website is owned and operated by Ashley Capurro LLC, successors, and assignees, (we or us).

These Terms of Use (Terms) govern your use of my Site and form a contract between you and me if you use the Site. Please read these Terms carefully. Please contact me if you have any questions, ashley@ashleycapurro.com. Your use of the Site indicates that you have had sufficient opportunity to access the Terms and the Privacy Policy and that you have read and accepted the Terms and the Privacy Policy.

1. INFORMATION:

The information, including statements, opinions, and documents contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, I recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

2. AMENDMENT:

The Information and Terms may be amended without notice from time to time at my sole discretion. Your use of my Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.

3. YOUR WARRANTIES:

You warrant to me that you have the legal capacity to enter these Terms and form a contract and that you have read and understood the Terms, before using the Site.

4. LICENSE TO USE THE SITE:

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and license to use the Site for your personal, non-commercial use, in accordance with the Terms. All other uses are prohibited without my prior written consent.

5. PROHIBITED CONDUCT:

You must not:

(a) Use the Site for any activities, or to post or transmit any material from the Site:

unless you hold all necessary rights, licenses, and consents to do so
that infringes the intellectual property or other rights of any person
that would cause you or me to breach any law, regulation, rule, code, or other legal obligation
that defames, harasses, threatens, menaces, offends, or restricts any person
that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy
that would bring us, or the Site, into disrepute.

(b) Interfere with or inhibit any user from using the Site

(d) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site

(e) Facilitate or assist another person to do any of the above acts.

6. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS:

Our Site contains material that is owned by or licensed to me and is protected by applicable law, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout, and look of my Site. I own the copyright which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, I own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Site does not grant you a license or act as a right of use, any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.

You must not breach copyright or intellectual property rights, including but not limited to, that you must not:

(a) alter or modify any of the code or the material on the Site

(b) cause any of the material on the Site to be framed or embedded in another website

(d) use my Site for commercial purposes.

7. REPUBLISHING:

You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy, or online) material on the Site on the following grounds:

(a) you must make no alterations to the material

(b) you must attribute the material to my Site, including linking back to my Site where possible

(c) you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.

8. REGISTERING YOUR DETAILS:

Before you purchase my products and/or services, you must register an account with us.

You must provide accurate, complete, and up-to-date registration information, as requested, and it is your responsibility to inform me of any changes to your registration information.

We may at any time request a form of identification to verify your identity.

If you are a registered user or member of this Site, you acknowledge and agree that:

You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password)
You will not reveal (or cause to be revealed through any act or omission) your Password to any other person
You will immediately notify me if your Password is lost or becomes known to any other person
You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person
Any information you provide to me for posting or inclusion in my Ashley Capurro Community, at any time, becomes my property.

To the extent that you provide personal information, Ashley Capurro will treat such information strictly in accordance with its Privacy Policy.

You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify me immediately if they become aware of any unauthorized use of your registered details.

Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

9. YOUR OBLIGATIONS:

When using my products and/or services, you may be given access to Facebook groups, other online or in-person forums (Ashley Capurro Community), or events in which you may post comments, photos, messages, or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or my Ashley Capurro Community any of the following:

Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory, or otherwise objectionable.
Content that harasses degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
Information that includes personal or identifying information about another person without that person’s consent.
Information that constitutes promotion or advertisement for groups, events, or activities organized through competing social clubs, activity sites, and internet platforms, except as otherwise expressly permitted by us.
Any information or content that impersonates any person or entity.
Any material, non-public information about companies without authorization to do so.
Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us).

By posting or otherwise publishing Your Content on my Site or Ashley Capurro Community, you:

Grant me a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose
Warrant that you have the right to grant the above licenses
Warrant that Your Content does not breach these Terms
Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

We reserve the right (but have no obligation) to:

Review, modify, reformat, reject or remove Your Content that, in my opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person
Monitor use of the Site, and store or disclose any information that I collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

10. CODE OF CONDUCT:

Our Site and Ashley Capurro Community is a space for learning and is a pitch-free, solicitation-free, and sales-free environment.

Whilst using this Site and/or my Ashley Capurro Community, I ask that you do not:

Contact anyone who has asked not to be contacted.
Collect personal data about other users for commercial or unlawful purposes.
Infringe other users’ privacy rights.
Violate the intellectual property of others.
Post anything that contains software viruses, worms, or any other harmful code; or
Use manual or automated software, devices, script robots, other means or processes to access my Site or any related data or information.

Please see my Ashley Capurro Community Guidelines in the appendix to these Terms for more information.

11. THIRD PARTY INFORMATION:

The Site may contain third-party information, including but not limited to user comments, guest articles, and advertisements (Third Party Information). I do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products, or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.

12. THIRD-PARTY LINKS AND WEBSITES:

This Site may contain links to websites owned by third parties (Third Party Sites). I do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products, or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.

13. RESERVATION OF RIGHTS:

We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user if I believe that there is a violation of these Terms, or for any other reason, in my sole discretion.

14. DELAYS AND OUTAGES:

We are not responsible for any delays or interruptions to the Site. I will use commercially reasonable efforts to minimize delays and interruptions. I cannot warrant that the Site will be available at all times or at any given time. I may at any time and without notice to you, discontinue the Site in whole or in part. I am not responsible for any loss, cost, damage, or liability that may result from my discontinuance of the Site.

15. LIMITATION OF LIABILITY:

To the extent permitted by law, I exclude all liability for any loss, damage, costs, or expense, whether direct, indirect, incidental, special, and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which results from any use or access of, or any inability to use or access the Site.

To the extent permitted by law, I exclude all representations, guarantees, warranties, or terms (whether express or implied) other than those expressly set out in these Terms.

16. DISCLAIMER:

The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. I do not warrant that the functions contained in any material on the Site or your access to the Site will be error-free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.

While I endeavor to keep the Site and information up to date and correct, I make no representations, warranties, or guarantee, express or implied, about:

(a) the completeness, accuracy, reliability, suitability, or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose

(b) Third Party Information

You read, use, and act on information contained on the Site, Third Party Information, and/or Third Party Sites, strictly at your own risk.

17. INDEMNITY:

By using the Site, you agree to defend and indemnify and hold me (and my officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

(a) your use of or access to the Site

(b) any breach by you of these Terms

This defense and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by me without restriction.

18. BREACH:

You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Site. I reserve the right to remove any and all content found to be in breach of copyright, or which in my opinion is deemed inappropriate and/or illegal. If you breach the Terms, I reserve the right to block you from the Site and to enforce my rights against you. If I do not act in relation to a breach of the Terms by you, this does not waive my rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.

19. EXCLUSION OF COMPETITORS:

You are prohibited from using my Site, including my information, in any way that competes with my business. If you breach this term, I will hold you responsible for any loss that I may sustain and hold you accountable for any profits that you may make from non-permitted use. I reserve the right to exclude any person from using my Site and Information, at my sole discretion.

20. ENFORCEABILITY:

If any provision of the Terms is found to be illegal, invalid, or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.

21. TERMINATION:

The Terms are effective until terminated by us, which I may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.

22. DISPUTES:

You agree to use your best endeavors to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify me in writing of any dispute you may have.

23. JURISDICTION:

Your use of this Site and any dispute arising out of your use of it is subject to the laws of California. You irrevocably and unconditionally submit to the jurisdiction of the Courts of California for determining any dispute concerning the Terms or the Privacy Policy.

24. GENERAL:

If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If I do not act in relation to a breach by you of these Terms, this does not waive my right to act with respect to that or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

For questions and notices, please contact me at:

Name: Ashley Capurro

Email: ashley@ashleycapurro.com

25. COMMUNITY GUIDELINES:

Health business owners of all levels are welcome here. I have community members of all skill and experience levels, from college students to entrepreneurs to multi-million dollar enterprises.

We want people to feel safe when using my groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in my private groups and communities, and what type of content may be reported to me and removed. Because of the diversity of my global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate my community guidelines.

Business owners of all levels are welcome here.

We have members of all skill and experience levels, from college students to entrepreneurs to multi-million dollar enterprises.

Keep it respectful

Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or I will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.

No pitching to the group

We have a strict ‘no shopping for customers’ policy in my groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If I get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.

No gated content

Content posted in the groups cannot be used to harvest leads in any way. If you need feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.

Respect confidentiality

Content gathered in my Ashley Capurro Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of my community has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.

Keep it on topic

We reserve the right to remove posts based on off-topic content or offensive content.

Partnering with other members

Access to this group does not mean that Ashley Capurro endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.

Report posts that are breaking group policies

Due to the large number of people in my groups and communities, it’s sometimes difficult for me to catch everything. If you see a post that is questionable, please report it to me directly via private message so I can review it.

Breaking the rules

If you are deemed to be breaking the rules of the group, Ashley Capurro reserves the right to remove your ability to use my site, services, and communities that the offending behavior has occurred within.