A Note Before You Continue

These Terms of Use exist to protect both you and Alafiora. They describe the conditions under which you may access and use this Website, the rights that belong to each party, and the expectations that govern our relationship as a visitor and as a practice. We have written them to be read and understood, not simply accepted without thought.

Please take a moment to review them fully. By continuing to access or use this Website, you are agreeing to be bound by these Terms.

1. Acceptance of Terms

The following Terms of Use ("Terms" or "Agreement") govern the relationship between you ("You," "Your," or "User") and Alafiora LLC ("Company," "we," "us," or "our") with respect to your access to and use of https://www.alafiora.com/ and all related subpages, content, functionality, and resources offered on or through the Website, whether as a visitor or registered user.

These Terms, together with our Privacy Policy and Notice of Privacy Practices, each of which is incorporated herein by reference, constitute the entire agreement between you and the Company regarding your use of this Website. By accessing or using the Website, you accept and agree to be bound by these Terms and the incorporated documents without modification. If you do not agree to these Terms in their entirety, you must immediately discontinue your use of the Website.

2. Privacy Policy and Notice of Privacy Practices

Your use of this Website is subject to our Privacy Policy, which describes how we collect, use, and protect personal information gathered through the Website. Please review it carefully. Your agreement to the Privacy Policy is incorporated into these Terms by reference.

Alafiora LLC is a HIPAA-covered healthcare entity. If you become a client of this practice, your Protected Health Information will be governed separately by our Notice of Privacy Practices, which is available on this Website and provided to all clients at the commencement of care. Accessing or using this Website does not itself create a therapeutic relationship or cause the Notice of Privacy Practices to apply to you.

3. Age Requirements

This Website is intended for individuals who are at least eighteen (18) years of age. By accessing or using this Website, you represent and warrant that you are at least eighteen years old and that you have the legal capacity to enter into a binding agreement. If you are under eighteen, you are not permitted to use this Website.

4. No Clinical or Therapeutic Relationship

The content available on this Website, including all text, resources, blog posts, articles, downloadable materials, and any other media, is provided for informational and educational purposes only. Nothing on this Website constitutes the provision of psychological services, clinical advice, diagnosis, treatment, or any other professional service regulated under the laws of any state.

Accessing this Website, submitting an inquiry through a contact form, downloading a resource, subscribing to a newsletter, or engaging with any content on this Website does not establish a therapeutic relationship, a clinical relationship, a psychologist-client relationship, or any other professional relationship between you and Dr. Esther Lapite-Garrett or Alafiora LLC. A formal therapeutic relationship is established only through a signed service agreement and completed intake process.

Psychological services are provided by Alafiora LLC exclusively within the states in which Dr. Lapite-Garrett holds active licensure at the time of service. If you are located in a state where she is not currently licensed, she is not able to provide clinical services to you, and nothing on this Website should be interpreted as an offer to do so.

5. Healthcare and Professional Disclaimer

The information on this Website is not a substitute for advice, diagnosis, or treatment from a licensed mental health professional, physician, or other qualified healthcare provider who is familiar with your individual circumstances. Always seek the guidance of a qualified professional with any questions you may have regarding your mental or physical health. Never disregard professional advice or delay seeking it because of something you have read on this Website.

If you are experiencing a mental health crisis or believe you may be in danger, please call 988 (Suicide and Crisis Lifeline) or 911, or go to your nearest emergency room immediately. This Website is not a crisis resource and is not monitored for emergency communications.

The content on this Website reflects the professional knowledge and perspective of Dr. Lapite-Garrett as of the date it was published. It may not reflect the most current research, clinical guidelines, or legal standards. We make every effort to provide accurate and current information, but we make no representation or warranty that the content is complete, error-free, or applicable to your specific situation.

6. No Legal, Financial, or Tax Advice

Nothing on this Website constitutes legal, financial, accounting, or tax advice. Any content that touches on legal rights, financial decisions, insurance, benefits, or tax matters is provided for general informational purposes only and should not be relied upon as professional counsel. You are encouraged to consult with a licensed attorney, financial advisor, accountant, or other relevant professional before making decisions in those areas.

7. Lawful Use and Restricted Conduct

You may use this Website only for lawful purposes and in accordance with these Terms. You are financially responsible for all purchases made by you or someone acting on your behalf through this Website.

You agree that you will not use this Website:

• In violation of any applicable federal, state, local, or international law or regulation.

• To transmit or distribute any material that is threatening, abusive, defamatory, harassing, libelous, obscene, profane, or otherwise objectionable.

• To violate or infringe upon the intellectual property rights, privacy rights, or other legal rights of any person or entity.

• To upload, transmit, or introduce any viruses, malicious code, spyware, bots, crawlers, scrapers, or other harmful or disruptive programs or technologies.

• To bypass, hack, or attempt to gain unauthorized access to any portion of the Website or its underlying systems.

• To impersonate Alafiora LLC, Dr. Lapite-Garrett, or any other person or entity, or to misrepresent your affiliation with any person or entity.

• To transmit unsolicited communications, spam, or promotional material to any person.

• For any discriminatory purpose or in any manner that could harm, demean, or endanger any individual or group.

We reserve the right to terminate your access to this Website, without notice and without refund, if we determine in our reasonable judgment that you have violated any provision of these Terms.

8. Website Access and Availability

We reserve the right to withdraw, modify, or discontinue this Website or any portion of its content at any time and for any reason, without prior notice. We will not be liable to you if the Website or any part of it is temporarily or permanently unavailable, whether for scheduled maintenance, technical difficulties, or any other reason.

We may, from time to time, restrict access to certain portions of the Website, or to the Website in its entirety, including to registered users.

If you are asked to provide registration information or other details to access any part of the Website, you represent and warrant that all information you provide is accurate, current, and complete.

9. Account Security

If you are provided with or create a username, password, or any other credential to access any portion of this Website, you are responsible for maintaining the confidentiality of those credentials. You agree not to share your login information with any other person and to notify us immediately at legal@alafiora.com if you become aware of any unauthorized access to your account. You agree to exit your account at the end of each session and to exercise particular caution when accessing your account from a shared or public device.

We reserve the right to disable any user account, credential, or identifier at any time if we believe, in our judgment, that you have violated any provision of these Terms or that the security of the account has been compromised.

10. Intellectual Property

All content on this Website, including but not limited to text, graphics, photographs, illustrations, video, audio, design, logos, slogans, downloadable materials, and the overall compilation and arrangement of the Website, is the property of Alafiora LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content strictly for your own personal, non-commercial use and in accordance with these Terms. This license does not include the right to reproduce, modify, distribute, transmit, publicly display, create derivative works from, sell, or otherwise exploit any content from this Website, in whole or in part, without the prior written consent of Alafiora LLC.

The Alafiora name, logo, and all related marks, designs, and slogans are trademarks of Alafiora LLC. You may not use any of these marks without our prior written permission. All other trademarks and service marks referenced on this Website are the property of their respective owners.

Any violation of our intellectual property rights may result in the immediate suspension of your access to the Website and will be pursued to the fullest extent permitted by law.

11. Free Downloadable and Gated Content

Alafiora LLC may make certain resources available for download, including in exchange for your email address or other registration information ("Gated Content"). By accessing or downloading Gated Content, you are granted a limited, personal, non-exclusive, non-transferable license to use that content for your own personal, non-commercial purposes only.

You agree that you will not reproduce, distribute, sell, sublicense, modify, or create derivative works from any Gated Content without our express written consent. You will not use any Gated Content to develop competing products or services.

12. User Submissions

This Website may include features that allow you to submit, post, or upload content, including feedback, testimonials, reviews, photographs, written works, or other media (collectively, "Submissions"). By making any Submission, you grant Alafiora LLC a worldwide, non-exclusive, irrevocable, royalty-free license to use, reproduce, modify, distribute, display, and publish your Submission for promotional, marketing, and business development purposes, including the right to use your name in connection with it.

You represent and warrant that you own or otherwise control all rights in and to any Submission you make, that your Submission does not infringe upon the rights of any third party, and that your Submission complies with these Terms.

We retain copyright and all other intellectual property rights in any Submissions you provide. You retain any rights you lawfully hold in your own original work prior to submission.

We are under no obligation to publish, retain, or respond to any Submission and may remove any Submission at any time at our discretion. By submitting reviews, testimonials, photographs, or comments to us on any platform, including social media and public review sites, you voluntarily grant us a commercial license to use those Submissions for legitimate business purposes, which may include your name and any publicly available information you have shared in connection with the Submission.

User Submissions must not:

• Violate any applicable law or regulation or promote illegal activity.

• Infringe upon the intellectual property, privacy, or legal rights of any person or entity.

• Contain or encourage obscene, violent, sexually explicit, or hateful content.

• Harass, demean, stalk, or threaten any individual.

• Misrepresent your identity or your affiliation with any person or organization.

• Be used for any commercial or promotional purpose without our express written consent.

13. Sensitive Content Notice

This Website contains information relating to trauma, sexuality, intimate relationships, and mental health. While this content is presented in a clinical and professional manner consistent with the standards of psychological practice, some visitors may find certain topics emotionally activating. We encourage you to care for yourself while engaging with this material and to reach out to a mental health professional if you find that any content is distressing.

The presence of content describing clinical presentations, treatment approaches, or lived experiences on this Website does not constitute a diagnosis, a clinical recommendation, or a representation that any particular service is appropriate for you without a thorough professional evaluation.

14. Exit Site Feature

This Website provides an "Exit Site Safely" feature designed to help visitors navigate away quickly and discreetly. This feature is offered as a safety resource for visitors who may need to leave the Website promptly. Alafiora LLC makes no representation that use of this feature will prevent all digital records of your visit, as browser history, network activity, and device-level data are governed by factors outside our control. If privacy on a shared or monitored device is a concern, we encourage you to review additional safety resources.

15. Linking to This Website and Social Media

If you wish to link to this Website, your link must not suggest any affiliation with, sponsorship by, or endorsement from Alafiora LLC unless a separate written agreement to that effect exists. You may not frame or embed this Website within any other website. Links to our Website from sites or platforms that contain content that violates these Terms or that could harm the reputation or mission of Alafiora LLC are not permitted. We reserve the right to request removal of any link to this Website at any time.

16. Third-Party Resources, Links, and Endorsements

This Website may contain links to third-party websites, organizations, crisis resources, research, and other external content for your convenience and reference. These links do not constitute an endorsement of or affiliation with any third-party website, organization, product, or service unless explicitly stated otherwise. Alafiora LLC is not responsible for the accuracy, content, privacy practices, or availability of any third-party website. You access linked websites entirely at your own risk.

We may from time to time reference, recommend, or link to resources, tools, or professionals that we believe may be of value. Such references reflect our good-faith assessment at the time of writing and do not constitute a guarantee or warranty. You are responsible for conducting your own assessment before relying on any third-party resource.

17. Testimonials

Testimonials and client feedback that appear on this Website represent the genuine experiences of individuals who have engaged with Alafiora LLC and are shared with their authorization. They are not a guarantee that you will experience the same outcomes. Results vary based on individual circumstances, the nature of the presenting concerns, the depth and consistency of engagement, and many other factors beyond our control. No testimonial on this Website should be interpreted as a promise of a particular clinical or personal outcome.

Consistent with our ethical obligations, any testimonials displayed on this Website are shared in a manner that protects the identity and confidentiality of individuals unless they have explicitly and knowingly consented to identification.

18. Affiliate Links and Relationships

From time to time, this Website may include affiliate links to third-party products, services, or resources. We will disclose the presence of affiliate relationships when they are relevant. Any compensation we may receive through affiliate arrangements does not influence our clinical judgment, ethical obligations, or the content we present to our clients or visitors.

19. Malicious Code and Security

We take reasonable measures to protect this Website from the introduction of viruses, malware, and other malicious code. However, we cannot guarantee that the Website or any content available through it is entirely free from such code. You are responsible for ensuring that the devices and processes you use to access this Website are appropriately protected. Alafiora LLC will not be liable for any damage resulting from malicious code encountered through your use of this Website or any outbound links.

All information you transmit to or from this Website is transmitted at your own risk. We are not responsible for unauthorized access to or alteration of your data resulting from circumstances beyond our reasonable control.

20. Force Majeure

Alafiora LLC will not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disaster, pandemic, epidemic, governmental action, civil unrest, war, terrorism, power outage, internet disruption, or failure of third-party service providers. If such a circumstance continues for more than fifteen consecutive days, either party may provide written notice to terminate any existing agreement, subject to applicable legal and ethical obligations.

21. Warranties

To the maximum extent permitted by applicable law, this Website and all of its content, resources, and services are provided on an "as is" and "as available" basis without any warranty, representation, or guarantee of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Website will be error-free, uninterrupted, free from defects, or that any particular result will be achieved through its use.

22. Limitation of Liability

To the fullest extent permitted by applicable law, Alafiora LLC, Dr. Esther Lapite-Garrett, and their respective agents, affiliates, and representatives will not be liable to you for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use of, or inability to use, this Website or any content, resources, or services available through it. This includes, without limitation, damages for loss of data, loss of revenue or anticipated profits, loss of business, loss of goodwill, or damages arising from third-party conduct, unauthorized access, computer viruses, or service interruptions.

This limitation applies regardless of the legal theory upon which a claim is based, whether in contract, tort, negligence, strict liability, or otherwise, and even if Alafiora LLC has been advised of the possibility of such damages.

In those jurisdictions that do not permit the exclusion or limitation of liability for certain damages, our liability is limited to the fullest extent permitted by law. In no event will the total liability of Alafiora LLC to you exceed the total amount you have paid to the Company, if any, in the twelve months preceding the event giving rise to the claim.

This limitation of liability does not purport to limit any liability that cannot be excluded or limited under applicable law.

23. Indemnification

You agree to defend, indemnify, and hold harmless Alafiora LLC, Dr. Esther Lapite-Garrett, and their respective officers, agents, licensees, affiliates, and representatives from and against any and all losses, damages, claims, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of or relating to: your use of or conduct on this Website; your breach of any provision of these Terms; your violation of any applicable law or regulation; any Submission you make to this Website; or your infringement of any intellectual property or other rights of any third party. You agree to cooperate fully with us in the defense of any such claim and will not settle any claim without our prior written consent.

24. Severability and Waiver

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect. Any failure by Alafiora LLC to enforce a right or provision under these Terms will not constitute a waiver of that right or provision in the future. No waiver will be binding unless made in writing by an authorized representative of the Company.

25. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the prior written consent of Alafiora LLC. We may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, with appropriate notice to users.

26. Dispute Resolution

We value open communication and would prefer to resolve any concern or disagreement through direct conversation. If you have a concern about your experience with this Website or with Alafiora LLC, please contact us first at legal@alafiora.com so that we may attempt to address it directly.

If direct resolution is not possible, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of this Website through good-faith mediation before pursuing any other legal remedy. Participation in mediation in good faith is a condition precedent to initiating arbitration or any other legal proceeding.

If mediation does not result in a resolution, the parties agree that any remaining dispute will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), with the arbitration to be held in Bernalillo County, New Mexico, unless the parties agree in writing to an alternative location. The arbitrator's decision will be final and binding. Each party will bear its own costs and expenses of arbitration unless the arbitrator determines that a different allocation is warranted by the circumstances. The arbitrator may award only such relief as would be available in a court of competent jurisdiction.

By agreeing to arbitration, you understand that you are waiving your right to a jury trial.

Nothing in this section limits either party's right to seek emergency injunctive relief from a court of competent jurisdiction where necessary to prevent irreparable harm pending the resolution of a dispute.

27. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to them or to your use of this Website will be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law principles. To the extent that any court proceedings are necessary or permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico, and you waive any objection to such venue based on inconvenience or any other grounds.

28. Changes to These Terms

We reserve the right to modify these Terms at any time. The "Last Updated" date at the top of this page reflects the most recent revision. Changes are effective immediately upon posting. Your continued use of this Website following the posting of revised Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to remain informed.

29. Headings for Convenience

The section headings in these Terms are included for convenience and ease of reference only. They do not affect the interpretation or legal effect of any provision.

30. Entire Agreement

These Terms, together with the Privacy Policy and Notice of Privacy Practices, constitute the entire agreement between you and Alafiora LLC regarding your use of this Website and supersede all prior or contemporaneous understandings, representations, and agreements, whether written or oral.

All rights not expressly granted in these Terms are reserved by Alafiora LLC.

31. Contact Information

If you have any questions about these Terms or your use of this Website, please contact us:

Alafiora LLC Email: legal@alafiora.com
Website:https://www.alafiora.com/
Mail: 1209 Mountain Road Place Northeast, Suite R, Albuquerque, NM 87110

All legal notices, including those related to intellectual property or copyright claims, should be sent by certified mail to the address above.