Terms and Conditions
TABLE OF CONTENTS
Section 1. Website
Section 2. Products and Services
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Company” refers to FirstMemory.one. "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. The term “service” refers to any “service”, “session”, “class”, “course”, “event”, “offering”, “activity” or “use of facility” offered by us. The term “practitioner-engagement” refers to any conversation, electronic discourse, information, instruction, insight, assistance, healing, guidance, training, mentoring, meditations, or coaching provided by us. The terms “this website”, “this web site”, “this web-site”, or “this site” all refer to “www.firstmemory.one”. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated products, services, and practitioner-engagement in accordance with and subject to, the prevailing law . Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Section 1. Website
The terms and conditions detailed in Section 1 outline the rules and regulations for the use of FirstMemory's Website: www.firstmemory.one
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use FirstMemory's website if you do not accept all of the terms and conditions stated on this page.
License
Unless otherwise stated, FirstMemory and/or its licensors own the intellectual property rights for all content on www.firstmemory.one. All intellectual property rights are reserved. You may view, download, and/or print content from www.firstmemory.one for your own personal use subject to restrictions set in these terms and conditions.
You must not actively participate in or be a party to any effort to:
Republish content from www.firstmemory.one;
Sell, rent or sub-license content from www.firstmemory.one;
Record, reproduce, duplicate, or copy content from www.firstmemory.one;
Redistribute content from www.firstmemory.one (unless content is specifically made for redistribution);
Download content from www.firstmemory.one (unless content is specifically made for download and the purpose of download is for personal use only).
User Comments
This Agreement shall begin on the date hereof.
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. FirstMemory does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of FirstMemory, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws FirstMemory shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
FirstMemory reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these terms and conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to FirstMemory a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our website without prior written approval:
Search engines;
News organizations;
Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
dot.com community sites;
associations or other groups representing charities, including charity giving sites,
online directory distributors;
internet portals;
accounting, law and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of FirstMemory; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@firstmemory.one. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our website as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of FirstMemory's logo or other artwork will be allowed for linking absent a trademark license agreement.
Iframes
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our website.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Content Liability
We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Website-Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this website-disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
This website is intended to provide educational information on topics related to metaphysics, spirituality, physical training, and personal/spiritual development. The publisher is not engaged in rendering legal, medical, financial, or other professional services. If expert assistance is required, please seek the services of a professional. You are fully responsible for what you do (or don’t do) with the information published on this website.
FirstMemory or Alex Villegas assume no liability or responsibility to any person or entity with respect to any loss or damage related directly or indirectly to the information on this site; no warranties of any kind, express or implied, are made. FirstMemory or Alex Villegas will provide no remedy for indirect, consequential, punitive or incidental damages arising from this site, including such from negligence, strict liability, or breach of warranty or contract, even after notice of the possibility of such damages. If you don’t wish to be bound by the above, you should leave the site.
The limitations and exclusions of liability set out in this Section and elsewhere in this website-disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the website-disclaimer or in relation to the subject matter of this website-disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Section 2. Products and Services
The terms and conditions detailed in Section 2 outline the rules and regulations regarding FirstMemory's products, services, and practitioner-engagement provided by us.
By purchasing, using, and/or participating in products, services, and practitioner-engagement offered by us, we assume you accept these terms and conditions in full. Do not purchase, use, and/or participate in products, services, or practitioner-engagement offered by us if you do not accept all of the terms and conditions stated here.
Billing
We accept payment by credit card in one of two forms depending on the service purchased:
One time payment up front (this is for products, services, or packages that are not subscriptions.
Monthly recurring subscription payments. Subscription payments are collected at the beginning of the month when that service is provided (this happens once at the time of initial purchase and then is renewed automatically on the same day of the month thereafter for the duration of the service).
We do not have access to or store your credit card information. That is handled entirely by the payment gateway provider: Stripe.
Also, all prices / payments are in United States dollars and are subject to applicable taxes.
Cancellation or rescheduling
Appointment cancellations and reschedules require 24 hours notice. If less than 24 hours notice is given, fees are non refundable.
For subscription services, we require notice of cancellation 30 days prior to the date of subscription renewal.
No-shows or lateness
We work hard to give you and each of our clients the most value we can, so we ask you to be on time for your session. We serve all clients equally. We need to finish a session within a scheduled time so we don't cut into the next client's session.
We charge for the session time whether you’re present or not. If you can not make your appointment, please reschedule as described below.
License
Unless otherwise stated, FirstMemory and/or its licensors own the intellectual property rights for all written and recorded material made accessible to you by us in any format or through any means of delivery. All intellectual property rights are reserved. You may view and/or print this material for your own personal use subject to restrictions set in these terms and conditions.
You must not actively participate in or be a party to any effort to:
Republish written or recorded material from us;
Sell, rent or sub-license written or recorded material from us;
Reproduce, duplicate or copy written or recorded material from us;
Redistribute written or recorded content from us (unless content is specifically made for redistribution);
Make, publish, sell, rent, sub-license, reproduce, duplicate, copy, or redistribute recordings or reproductions of our services or practitioner-engagement;
Publish, sell, rent, sub-license, reproduce, duplicate, copy, or redistribute notes from our services or practitioner-engagement.
You are, however, encouraged to make notes exclusively for your own use.
Services Agreement
The services, products, and/or practitioner-engagement provided by FirstMemory are NOT a substitute for allopathic medicine (including but not limited to a medical diagnosis, doctors’ consultation, or treatment by the medical profession), legal advice, financial advice or any other type of advice provided by a professional adviser. Medical exams and diagnostic evaluations by your physician or other mental health professionals are an important aspect for health and wellbeing.
By receiving any service, product, or practitioner-engagement from us, whether free or paid, you acknowledge the above information, receive it at your own risk and agree you will:
Operate from your own free will at all times.
Not use the service, product or information in place of professional advice.
Follow the advice of your doctor and health professionals as you alone see fit.
Take responsibility for your physical, emotional, mental and spiritual health, including changes that occur during and after services.
Retain only what feels correct for you and leave the rest behind.
Interrupt, pause or stop the session immediately if you feel uncomfortable.
Consult with licensed professionals for your specific problems as appropriate.
Familiarize yourself with Alex Villegas’ and his collaborator’s training and credentials so you understand what is being offered.
Release FirstMemory and Alex Villegas and their heirs, executors, administrators, and assigns from all legal liability during and after receiving services, products or practitioner-engagement from them.
Our services, products and information are not intended to tell you what you should believe or do. Nor are they intended to predict the future; as we believe in free will and your ability to make your own choices.
Alex Villegas and his collaborators are not in any way personally liable or responsible for the results, outcome, effects, or implications of any service or practitioner-engagement undertaken by Alex Villegas while engaged with or interacting with clients of FirstMemory as they do so entirely on behalf of and as employees of FirstMemory; and as such any and all liabilities they may or may not incur are entirely the liabilities and responsibilities of FirstMemory.
Informed Consent
The service booking system on this website includes a checkbox for you to state your agreement with the terms and conditions presented on this web page. It is also implied when you obtain one of our products, book a service, or receive practitioner-engagement by any other means that you are accepting the terms and conditions explained on this page in exchange for receiving the services, products or practitioner-engagement.
Confidentiality
By engaging in the purchase and use of our products, services and practitioner-engagement, you recognize that the nature of delivery of these products and in particular our services and practitioner-engagement requires the gathering, storage, and exchange of potentially personally-identifying, personally-identifying information, and personal information. You also acknowledge that we take all measures reasonably necessary to protect against unauthorized access, use, alteration or destruction of potentially personally-identifying, personally-identifying information, and personal information.
If our services and practitioner-engagement are being conducted over the phone, Zoom, Skype, What’s App or similar and with email it is not possible to guarantee the confidentiality of the information contained as there is third party involvement in providing these services.
Potentially personally-identifying, personally-identifying information, and personal information is kept confidential, except in special circumstances; including the following:
A client in imminent danger of hurting herself/himself;
A client is threatening serious bodily harm to another;
A child, elderly or disabled person is being abused;
Criminal activity is taking place;
There is a court order to present testimony in a legal proceeding;
A client fails to pay for services requiring action to collect fees due;
Professional advice is required to deal with a situation.
Termination
We reserve the right to terminate our practitioner-client relationship:
If payments are cancelled;
If you violate any of these terms of service or the website terms of service;
For any reason, at our sole discretion.
Warranties and Representations
You acknowledge and agree that no warranties or representations have been made to me regarding the results you will achieve from products, services, or practitioner-engagement provided by Alex Villegas, collaborators, or FirstMemory. You understand that results are individual and may vary. You acknowledge that it is a requirement that you have read this waiver before you purchase products, services, or practitioner-engagement from Alex Villegas, collaborators, or FirstMemory. By accepting the products, services, or practitioner-engagement you are also agreeing to release liability and waive any right you, your hiers, executors, administrators, and assigns might have to bring a legal action or assert a claim against Alex Villegas, collaborators, or FirstMemory, or our employees, agents, or contractors for negligence, misrepresentation, or on any other legal basis.
Waiver
In consideration of the agreement to purchase / use products, or purchase / receive / use services purchase / receive / use practitioner-engagement, you agree to release, discharge, and hold harmless Alex Villegas, collaborators, or FirstMemory and its respective agents, heirs, executors, administrators, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my purchase and/or use of products, or purchase and/or receipt/use of services and/or practitioner-engagement WITHOUT LIMITATION, WHICH MAY OCCUR AS A RESULT. You acknowledge and agree that you assume the risks associated with any purchase / use of products, purchase / receive / use of services, and receipt / use of practitioner-engagement.
Disclaimer
The methods used appear to result in positive outcomes and clients have found them to be effective and beneficial. However, it’s not possible to guarantee any specific results regarding your goals for any use of products, receive / use of services, or receipt / use of practitioner-engagement offered by us. We don’t know in advance how you will respond. It’s possible to experience some emotional distress and/or physical discomfort related to stressful experiences in the present or from earlier in your life. Though we will work together to process these experiences and achieve the best possible results for you, we recommend that you also seek the assistance of a licensed professional health, mental health, legal, financial, or any other appropriate professional for advice and additional assistance as appropriate.
Changes to Privacy Policy and terms and conditions
FirstMemory may change its Privacy Policy and terms and conditions from time to time, and in FirstMemory's sole discretion. FirstMemory encourages visitors to frequently check this page for any changes to its Privacy Policy and terms and conditions. Your continued use of this site after any change in this Privacy Policy and terms and conditions will constitute your acceptance of such change.
Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of Canada without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Contact Information
FirstMemory is located in San Antonio, Texas but our ceremonies are held in healing centers internationally.
If you have any questions about these Terms and Conditions, please contact us.