Terms of service.

1. GENERAL USE PROVISIONS

1.1 All materials provided on the Site, including information, text, graphics, documents, logos, trademarks, sounds, images, multimedia content, audiovisual content, or any other materials you may see or read on the Site and all related software code (collectively, the “Materials”), are provided by Raschel Biagioli or by its respective third-party licensors or agents (“Third Party Providers”) and are the property or copyrighted work of Raschel Biagioli and/or its respective Third Party Providers. All Rights Reserved. Third Party Providers are intended third-party beneficiaries of this Agreement and may enforce the terms of this Agreement against you.

1.2 Subject to the terms and conditions herein, Raschel Biagioli hereby grants you a limited, revocable, personal, non-sublicensable, non-transferable, non-exclusive license to access and use the Site and the Materials for your limited and personal, non-commercial access and use for real-time viewing purposes only. You agree not to: (a) modify or alter any part of the Site or the Materials, (b) attempt to gain unauthorized access to the Site, other members’ accounts or account information, or other computer systems, servers, or networks connected to this Site or any portion thereof, (c) upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization, (d) upload, post, e-mail or otherwise transmit any data to the Site that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships, or (iv) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, (e) use this Site to harm minors in any way, (f) impersonate any person or entity, including a Raschel Biagioli representative, or otherwise misrepresent your affiliation with a person or entity, (g) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey the requirements, procedures, policies, or regulations of networks connected to this Site, (h) collect or copy any product listings or products from this Site, (i) intentionally or unintentionally violate any applicable local, state, national, or international law, (j) provide inaccurate, incomplete, outdated, or misleading registration information, or (k) use automated means, including spiders, robots, crawlers, data mining tools, or similar data-gathering methods to download data from this Site or otherwise access this Site. You further agree to comply with all applicable laws, rules, and regulations governing your use of the Site and access to the Materials.

1.3 Except as otherwise provided, or pursuant to a separate written agreement between you and Raschel Biagioli, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, assigned, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Raschel Biagioli or the appropriate Third Party Provider. Except where expressly provided otherwise by Raschel Biagioli, nothing on the Site shall be construed to confer any license to any of Raschel Biagioli’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. Raschel Biagioli reserves the right in its sole and absolute discretion to terminate your right to use the Site at any time.

2. OPENING MEMBER ACCOUNT: LOGIN AND PASSWORD

2.1 To open a member account, you must complete the registration process by providing Raschel Biagioli with current, complete, and accurate information as prompted by your account profile. In registering for the member account, you agree to submit accurate, current, and complete information and to promptly update such information. Should Raschel Biagioli suspect that such information is untrue, inaccurate, not current, or incomplete, Raschel Biagioli has the right to suspend or terminate your access to the Site. Your user account cannot be shared or used by anyone other than you. By opening a user account, you are confirming that you are at least eighteen (18) years of age.

2.2 Upon registration, you will receive a username and personal password. You will be responsible for keeping your username and password confidential. You will notify us immediately upon learning of any unauthorized use of your username and password. Raschel Biagioli cannot and will not protect you from unauthorized use of your username and password. You will be responsible for all activities and charges incurred through the use of your username and password, and any claims, liabilities, damages, losses, and costs (including reasonable attorneys’ fees) resulting from the unauthorized use of your username and password, except for unauthorized use of your username and password directly resulting from the gross negligence or willful misconduct of Raschel Biagioli. This Agreement is personal to you, and you shall not assign your rights to anyone.

3. THIRD PARTY SITES AND LINKS

3.1 The Site may contain links to websites controlled by parties other than Raschel Biagioli. Raschel Biagioli is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites or any transactions completed through such websites. Raschel Biagioli is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Raschel Biagioli of the linked website, notwithstanding the inclusion on such website of the trademarks of Raschel Biagioli or its Third Party Providers. It is your responsibility to take precautions to ensure that whatever materials you select for your use are sufficient for your purposes and are free of viruses or other items of a destructive or invasive nature.

3.2 Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Raschel Biagioli shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on the Site.

4. PRIVACY POLICY

4.1 Raschel Biagioli respects your privacy and is committed to protecting it. Raschel Biagioli provides this Privacy Policy to inform you of its policies and procedures regarding the collection, use, and disclosure of personal information Raschel Biagioli receives from users of the Site. This Privacy Policy applies only to information that you provide to Raschel Biagioli through the Site. This Privacy Policy may be updated from time to time. Raschel Biagioli will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes.

4.2 By using the Site, you consent to the collection, use, and disclosure of your personal information in accordance with this Privacy Policy.

5. SUBMISSIONS

5.1 Any feedback, comments, ideas, suggestions, or other communications or information submitted or offered to Raschel Biagioli on or through the Site or otherwise (collectively, “Submissions”) shall be deemed non-confidential and shall become the property of Raschel Biagioli. Raschel Biagioli shall have no obligation of any kind with respect to such Submissions and shall be free to use and distribute them to others without limitation, including, but not limited to, developing and marketing products incorporating such Submissions.

6. PAYMENTS & REFUNDS

6.1 You agree to pay all fees and charges incurred through your activities on or through the Site at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Site by Raschel Biagioli or by any Third Party Providers.

6.2 Unless otherwise agreed, all payments must be made in U.S. dollars and are non-refundable.

7. SERVICE DEPOSITE REQUIREMENT:

7.1 A 50% deposit is mandatory for all services and products offered by Raschel Biagioli and must be paid in full at the time of booking, unless otherwise arranged with Raschel Biagioli. Payments can be made through our secure payment gateway, Stripe, Square or by requesting an invoice through QuickBooks. Payment by check is also possible, but must be approved by Raschel Biagioli prior to booking.

7.2 Clients can pay their deposit by following the link provided upon scheduling, or by requesting an invoice if discussed with Raschel Biagioli before booking.

7.3 The deposit is refundable, excluding a 6% processing fee, up to 48 hours prior to the appointment. In cases where rescheduling is necessary, the deposit can be transferred to a different service or date.

8. SERVICE CANCELLATION POLICIES

General Cancellation Policy:

8.1 In order to effectively manage our appointment schedule and accommodate all clients, we require a minimum of 48 hours' notice for any appointment cancellations. Failure to provide the required notice will result in a $50 fee.

8.2 For cancellations made 48 hours in advance, a partial refund can be processed, with your deposit refunded minus a 6% processing fee. Rescheduling or cancellations can be done through your original booking appointment or by contacting us at RaschelBiagioli@gmail.com. There is no fee for rescheduling, and your deposit will be transferred to the new date. Exceptions to this policy are made on a case-by-case basis.

Travel Cancellation Policy:

8.3 For services that involve travel greater than 75 miles, deposits are non-refundable if canceled less than 72 hours in advance. Additionally, fees for flights and other travel arrangements may also be non-refundable. While every effort will be made to accommodate new travel requests, they cannot be guaranteed. A new deposit will be required if a cancellation occurs within 72 hours of the scheduled travel.

Cancellation and Rescheduling Confirmations:

8.4 To cancel or reschedule your appointment, please contact Raschel at RaschelBiagioli@gmail.com or use the link provided at the time of scheduling. A written confirmation of your cancellation or rescheduling request will be provided once it is received and processed.

9. DISCLAIMER OF WARRANTIES

9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMIZED CLEARING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) CUSTOMIZED CLEARING MAKES NO WARRANTY THAT (i) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE OR THE MATERIALS WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUSTOMIZED CLEARING OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

10. LIMITATION OF LIABILITY

10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT Raschel Biagioli AND ITS THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CUSTOMIZED CLEARING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE MATERIALS.

11. INDEMNITY

11.1 You agree to indemnify and hold Raschel Biagioli and its Third Party Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another.

12. ADDITIONAL TERMS AND MODIFICATIONS

12.1 Raschel Biagioli reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Raschel Biagioli shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

12.2 Raschel Biagioli reserves the right to change this Agreement at any time. Any changes to this Agreement will be effective immediately upon notice, which may be provided to you by posting the new Agreement on the Site or by other means. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version. You can view the most current version of this Agreement at any time by visiting this page.

13. GENERAL TERMS

13.1 This Agreement constitutes the entire agreement between you and Raschel Biagioli and governs your use of the Site, superseding any prior agreements between you and Raschel Biagioli with respect to the Site.

13.2 This Agreement and the relationship between you and Raschel Biagioli shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. You and Raschel Biagioli agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Milwaukee, Wisconsin.

13.3 The failure of Raschel Biagioli to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

14. INTELLECTUAL PROPERTY NOTICES

14.1 The trademarks and logos used and displayed on the Site are registered and unregistered trademarks of Raschel Biagioli and others. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of the trademark owner. Raschel Biagioli aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Raschel Biagioli, the Raschel Biagioli logo, or the other Raschel Biagioli formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Raschel Biagioli. Raschel Biagioli prohibits use of any logo, trademark, or trade name of Raschel Biagioli or any of its affiliates as part of a link to or from any site unless establishment of such a link is approved in advance by Raschel Biagioli in writing.

15. CONTACT INFORMATION

15.1 If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein, please contact Raschel Biagioli at RaschelBiagioli@gmail.com