TERMS OF USE
Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.
These Terms of Use
(“Terms of Use”) state how you may use our Programs, Products and
Services and Program Materials, and their content. Please read these
Terms of Use carefully. We reserve the right to change these Terms of
Use from time to time.
By using any of our Programs, Products
and Services you are agreeing to the Terms of Use as they appear and are
legally bound by them, whether or not you have read them. If at any
time you do not agree with these Terms of Use, please do not use our
Programs, Products and Services.
These Terms of Use require
the use of arbitration on an individual basis to resolve disputes,
rather than jury trials, and limit the remedies available to you in the
event of a dispute. You fully understand and agree that by enrolling in,
purchasing and/or using any of our Programs, Products, Services and
Program Materials that you are waiving certain legal rights and you are
voluntarily agreeing to do so.
NOTE: If you have purchased
one of our products via a payment plan of any kind, you are required to
make all payments until you are paid in full. To protect ourselves and
our affiliates we do send payment defaults to a collections agency and
this can have a negative impact on your credit score.
Use and Consent
By purchasing or using any of our Programs, Products or Services, you
agree to abide by these Terms of Use as well as our Refund Policy, and
Privacy Policy, and any other terms and conditions that may apply, and
are you are required to act in accordance with them. Accessing,
purchasing or using our Programs, Products, Services or Program
Materials, in any manner constitutes use of the Program, Products,
Services and Program Materials, and your agreement to be bound by these
Terms of Use. A refund can be processed within 14 days of purchase and
WITH LESS than 25% completion of said purchased program material. Note:
The refund will be minus the fees that our merchant account charges us
for processing your payment. Those fees are not returned to use when a
refund is made.
All of our Programs, Products, Services and
Program Materials are intended solely for users who are eighteen (18)
years of age or older.
Any registration by, use of or
access to any Program, Product, Service or Program Materials by anyone
under age 18 is unauthorized, unlicensed and in violation of these Terms
of Use. By accessing or using our Programs, Products, or Services or
our Program Materials, you represent and warrant that you are at least
18 years old.
Intellectual Property Rights
Our Limited License to You. Our Programs, Products, and Services and all
the Program Materials are our property and/or our affiliates or
licensors, and are protected by copyright, trademark, and other
intellectual property laws.
The content in our Programs,
Products and Services is solely owned by or licensed to us, unless
otherwise indicated. This content includes, but is not limited to, the
design, layout, look, appearance, graphics of our Program Materials or
any other material or aspects of materials provided by us to you.
Reproduction is prohibited other than in accordance with the copyright
notice, which forms part of these Terms of Use.
If you purchase or access any of our Program Materials through our Programs,
Products or Services, you will be considered our Licensee. For the
avoidance of doubt, all content obtained through us is our property, and
you are granted a revocable, non-transferable license for personal,
non-commercial use only, limited to you only. This means that you may
not use our Programs, Products or Services or the Program Materials in a
manner that constitutes an infringement of our rights or in a manner
that has not been authorized by us.
You are being granted a
limited license to use our Program, Products and Services, and Program
Materials with permission and restrictions. This means that when you
purchase a Program, Product or Service from our Website or otherwise,
you are purchasing the limited right to use the Program Materials in the
form that is provided by us to you with certain conditions as specified
in these Terms of Use.
You are permitted to use our Programs, Products, Services and Program Materials as follows:
You may download and/or print Program Materials for your own personal use in your business.
However,
are not permitted to share, sell, reprint or republish any other of
our Program Materials, including handouts, for resale or mass
reproduction purposes for your own business use.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us.
All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website.
Any use including framing, metatags or other text utilizing these
trademarks, or other trademarks displayed, is strictly prohibited
without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted
permission to use, the trademark indicia must be included at all times.
Any marketing or promotional tools and/or Program, Product or Service
titles or any other title or information of ours bearing the trademark
symbols (™) or ® may not be used by you for any reason without our
express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others.
As a Licensee, you understand and acknowledge that our Programs, Products
and Services and the Program Materials have been created, developed or
obtained by us through the investment of significant time, effort and
expense, and that this information is a valuable, special and unique
asset of ours which needs to be protected from improper and/or
unauthorized use.
When you enroll in or purchase our
Programs, Products or Services, you agree that you are clearly and
expressly prohibited from doing the following:
You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
You
will not in any way use, copy, adapt or represent any of our Programs,
Products, Services or Program Materials in any way as if they are yours
or created by you.
You will not engage in improper and/or
unauthorized use of our Programs, Products, Services and Program
Materials. Improper and unauthorized use includes but is not limited to
modifying, copying, reproducing, republishing, uploading, posting,
transmitting, translating, selling, creating derivative works,
exploiting, or distributing in any manner or medium (including by email
or other electronic means) any Program Materials or any other
information accessed or purchased through our Programs, Products or
Services, or any other communications provided by us for your own
personal use, business/commercial use or in any way that earns you
money.
You will not duplicate, share, trade, sell, or
otherwise distribute our Programs, Products, Services or Program
Materials to any other person, for their personal use,
business/commercial use or in any way that earns them money, whether it
was known to you or not at the time that you shared the information that
their intention was to use the Program Materials for their own personal
use or business/commercial use. This means you cannot share or sell or
any part of our Programs, Products and Services or Program Materials to
someone else so they can copy and/or use them for their own personal
use, business/commercial use or in any way that earns them money. You
are the only one granted a limited license to use our Program, Product,
Service, and Program Materials.
You will not violate our intellectual property rights, including copyright and trademark rights.
Downloading, printing, or otherwise using our Programs, Products,
Services or Program Materials for your own training purposes in no way
gives you any copyright, trademark, intellectual property or ownership
rights of our Program, Product, Service or Program Materials.
You will not reprint or republish any part of our Programs, Products,
Services or Program Materials for publication or compilation into your
own products, programs, services or program materials for your own
personal use or business/commercial use or in any way that earns you
money.
You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our
rights or in a manner that has not been authorized by us through our
prior written consent.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use
of our Programs, Products or Services or Program Materials as set forth
in these Terms of Use is considered theft and stealing and we retain the
right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized
use may give rise to a civil claim for damages and/or be a criminal
offense.
Limitations on Linking and Framing.
You may establish a hypertext link to our Website or Content so long as the
link does not state or imply any sponsorship, endorsement by, or
ownership by in our Website or Content and does not state or imply that
we are have sponsored, endorsed or have ownership rights in your
website. However, you may not frame or inline link our Content without
our written permission.
Your License to Us. By posting or
submitting any material on or through our Programs, Products, Services
or Program Materials, such as comments, posts, photos, images or videos
or other contributions, you are representing that you are the owner of
all such materials and you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other
submission for use on or through our Website, you are granting us, and
anyone authorized by us, an unlimited, royalty-free, perpetual,
irrevocable, non-exclusive, unrestricted, worldwide license to use,
copy, modify, transmit, sell, exploit, create derivative works from,
distribute, and/or publicly perform or display such contributions, in
whole or in part, in any manner or medium, now known or developed in the
future, for any purpose, and granting us the right to make it part of
our current or future Programs, Products, Services and/or Program
Materials. This right includes granting us use or exploitation of
proprietary rights or intellectual property rights like copyright,
trademark, service mark, trade secrets, patent rights or any other of
your intellectual property rights under any relevant jurisdiction
without any further permission from you or compensation by us to you.
You
also grant us, and anyone authorized by us, the right to identify you
as the author of any of your comments, posts, photos, images, videos or
other contributions by name, email address, or screen name. You
acknowledge that we have the right but not the obligation to use and
display any contributions from you of any kind and that we may elect to
cease the use and display of any such contributions on our Programs,
Products, Services and/or Program Materials at any time for any reason
whatsoever.
Media Release.
By participating in our Programs, Products and Services, and using our
Program Materials, including our Facebook community, you consent to
photographs, videos, and/or audio recordings that may be made that may
contain you, your voice and/or your likeness. In our sole discretion, we
reserve the right to use these photographs, videos, and or/audio
recordings and/or any other materials submitted by you to us in
connection with your participation in our Program, Product or Services
in our current or future Programs, Products or Services, and/or our
marketing or promotional efforts, without compensation to you at any
time, now or at any time in the future.
Request for Permission to Use Content
Any request for written permission to use our Programs, Products, Services
or Program Materials, in whole or in part, or any other intellectual
property or property belonging to us (“Content”), should be made BEFORE
you wish to use it by completing the “Contact Us” form on this Website,
or by sending an email to
We very clearly state that you may not use our Programs, Products,
Services or Program Materials, in whole or in part, in any way that is
contrary to these Terms of Use unless we have given you specific written
permission to do so.
If you are granted permission by us,
you agree to use the specific Content that we allow and ONLY in the ways
for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you
written permission, you agree now that you will be treated as if you had
copied, duplicated and/or stolen such Content from us, and you consent
to immediately stop using such Content and to take whatever actions as
we may request and by the methods and in the time frame that we
prescribe to protect our intellectual property and ownership rights in
our Programs, Products, Services or Program Materials.
Security
When you apply for, enroll in, purchase or use our Programs, Products or
Services, or Program Materials we may seek and collect personal data and
information including but not limited to your name, e-mail address,
phone number, billing information, credit card or payment information,
demographic information, preferences, interests, or other
personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission
to use and store such Confidential Information. We, in turn, will use
our best efforts to keep your Confidential Information safe, secure and
confidential. We take precautions to protect such Confidential
Information. When you submit Confidential Information via our Program,
Product, Service or Program Materials, we take measures to protect the
security of your Confidential Information both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or
warrant the security of your Confidential Information or of any other
data or information transmitted to us or through our services; therefore
submitting Confidential Information, data or other information is done
at your own risk.
We have security measures in place to
prevent the loss, misuse, and alteration of the information that is
obtained from you, but we make no assurances about our ability to
prevent any such loss, misuse, to you or to any third party arising out
of any such loss, misuse, or alteration.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our
Programs, Products, Services and Program Materials and you agree that
you are doing so at your own risk. Our Programs, Products, Services and
Program Materials are for informational and educational purposes only.
You agree and understand that you assume all risks and no results are
guaranteed in any way related to our Programs, Products, Services and
Program Materials. Our Programs, Products, Services and Program
Materials are merely to provide you with education and tools to help you
make your own decisions for yourself. You are solely responsible for
your actions, decisions and results based on the use, misuse or non-use
of our Programs, Products, Services and Program Materials.
We take every precaution to protect our Programs, Products, Services and
Program Materials. However, due to the nature of the Internet, we cannot
completely ensure or warrant the security of the Programs, Products,
Services and Program Materials or the contributions or information
transmitted to us on or through our Website or our Programs, Products,
Services and Program Materials. Submitting contributions or information
on our through our Programs, Products, Services and Program Materials is
done entirely at your own risk. We make no assurances about our ability
to prevent any such loss or damage to you or to any other person,
company or entity arising out of use of our Programs, Products, Services
and Program Materials and you agree that you are assuming such risks.
Disclaimer
Our Programs, Products, Services, and Program Materials are for
informational and educational purposes only. To the fullest extent
permitted by law, we expressly exclude any liability for any direct,
indirect or consequential loss or damage incurred by you or others in
connection with our Programs, Products, Services, and Program Materials,
including without limitation any liability for any accidents, delays,
injuries, harm, loss, damage, death, lost profits, personal or business
interruptions, misapplication of information, physical or mental
disease, condition or issue, physical, mental, emotional, or spiritual
injury or harm, loss of income or revenue, loss of business, loss of
profits or contracts, anticipated savings, loss of data, loss of
goodwill, wasted time and for any other loss or damage of any kind,
however and whether caused by negligence, breach of contract, or
otherwise, even if foreseeable. You specifically acknowledge and agree
that we are not liable for any defamatory, offensive or illegal conduct
of any other Program, Product, Service or Program Materials participant
or user, including you.
Medical Disclaimer
Our Programs, Products, Services, and Program Materials are not to be
perceived as or relied upon in any way as medical advice or mental
health advice. The information provided through our Programs, Products,
Services, and Program Materials is not intended to be a substitute for
professional medical advice, diagnosis or treatment that can be provided
by your own physician, nurse practitioner, physician assistant,
therapist, counselor, mental health practitioner, licensed dietitian or
nutritionist, member of the clergy, or any other licensed or registered
healthcare professional. Do not disregard professional medical advice or
delay seeking professional advice because of information you have read
in our Programs, Products, Services, and Program Materials, or received
from us. Do not stop taking any medications without speaking to your
physician, nurse practitioner, physician assistant, mental health
provider or other health care professional. If you have or suspect that
you have a medical or mental health issue, contact your own health care
provider promptly. We are not providing health care, medical or
nutrition therapy services or attempting to diagnose, treat, prevent or
cure in any manner whatsoever any physical ailment, or any mental or
emotional issue, disease or condition. We are not giving medical,
psychological, or religious advice whatsoever.
Legal and Financial Disclaimer.
Our Programs, Products, Services, and Program Materials are not to be
perceived or relied upon in any way as business, financial or legal
advice. The information provided through our Programs, Products,
Services, and Program Materials is not intended to be a substitute for
professional advice that can be provided by your own accountant, lawyer,
or financial advisor. We are not giving financial or legal advice in
any way. You are hereby advised to consult with your own accountant,
lawyer or financial advisor for any and all questions and concerns you
have regarding your own income and taxes pertaining to your specific
financial and/or legal situation. You agree that we are not responsible
for your earnings, the success or failure of your business decisions,
the increase or decrease of your finances or income level, or any other
result of any kind that you may have as a result of information
presented to you through our Programs, Products, Services, and Program
Materials. You are solely responsible for your results.
Earnings Disclaimer.
You acknowledge that we have not and do not make any representations as to
the health physical, mental, emotional, spiritual or health benefits,
future income, expenses, sales volume or potential profitability or loss
of any kind that may be derived as a result of your participation in
this Program, Product, Services or Program Materials. We cannot and do
not guarantee that you will attain a particular result, positive or
negative, financial or otherwise, through the use of our Programs,
Products, Services and Program Materials and you accept and understand
that results differ for each individual. We also expressly disclaim
responsibility in any way for the choices, actions, results, use, misuse
or nonuse of the information provided or obtained through any of our
Programs, Products, Services or Program Materials. You agree that your
results are strictly your own and we are not liable or responsible in
any way for your results.
Warranties Disclaimer. WE MAKE NO
WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS.
YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE
PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE
PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL,
UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR
PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR
OTHERWISE.
Technology Disclaimer.
We try to ensure that the availability and delivery of our Programs,
Products, Services and Program Materials is uninterrupted and
error-free, including our content and communications through methods
like our Website, member forum, private Facebook groups, email
communications, videos, audio recordings, webinars, recorded webinars,
teleseminars, recorded teleseminars, emails, downloadable Mp3 audio
files, downloadable PDF printed transcripts, downloadable PDF
handouts/slides, handouts, ebooks, or any other materials provided by us
to you. However, we cannot guarantee that your access will not be
suspended or restricted from time to time, including to allow for
repairs, maintenance or updates, although, of course, we will try to
limit the frequency and duration of suspension or restriction. To the
fullest extent permitted by law, we will be not be liable to you for
damages or refunds, or for any other recourse, should our Programs,
Products, Services or Program Materials become unavailable or access to
the them becomes slow or incomplete due to any reason, such as system
back-up procedures, internet traffic volume, upgrades, overload of
requests to the servers, general network failures or delays, or any
other cause which may from time to time make our Programs, Products,
Services or Program Materials inaccessible to you.
Errors and Omissions.
We make no warranty or guarantee as to the accuracy, timeliness,
performance, completeness or suitability of the information in our
Programs, Products, Services, and Program Materials. Every effort has
been made to present you with the most accurate, up-to-date information,
but because the nature of scientific research is constantly evolving,
we cannot be held responsible or accountable for the accuracy of our
content. You acknowledge that such information may contain inaccuracies
or errors and we are not liable for any such inaccuracies or errors to
the fullest extent permitted by law.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third
parties that may take you outside of our Programs, Products, Services or
Program Materials. These links are provided for your convenience and
the inclusion of any link in our Programs, Products, Services or Program
Materials to any other website does not imply our endorsement,
sponsorship, or approval of that website or its owner. We do not endorse
and we are not responsible for the views, opinions, facts, advice, or
statements provided by external resources referenced in our Website or
its Content, or their accuracy or reliability. We assume no
responsibility for errors or omissions caused by other websites that may
be included our Programs, Products, Services or Program Materials. We
have no control over the contents or functionality of those websites and
so we accept no responsibility for any loss, damage, or otherwise that
may arise from your use of them and therefore we do not guarantee the
accuracy, completeness, or usefulness of any other website or their
content. It is your responsibility to review the terms and conditions
and privacy policies of those linked websites to confirm that you
understand and agree with those policies.
By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason.
Indemnification, Limitation of Liability and Release of Claims
Indemnification.
You agree at all times to defend, indemnify and hold harmless our Company,
as well as any of our affiliates, agents, contractors, officers,
directors, shareholders, employees, joint venture partners, successors,
transferees, assignees, and licensees, as applicable, from and against
any and all claims, causes of action, damages, liabilities, costs and
expenses, including legal fees and expenses, arising out of or related
to our Programs, Products, Services or Program Materials, or your breach
of any obligation, warranty, representation or covenant set forth in
these Terms and Conditions or in any other agreement with us.
Limitation of Liability.
We will not be held responsible or liable in any way for the information,
products or materials that you request or receive through or on our
Programs, Products, Services or Program Materials. We do not assume
liability for accidents, delays, injuries, harm, loss, damage, death,
lost profits, personal or business interruptions, misapplication of
information, physical or mental disease, condition or issue, or
otherwise, due to any act or default of anyone or any business, whether
owners, staff, agents, joint venture partners, contractors, vendors,
affiliates or otherwise, affiliated with us. We do not assume liability
for any owners, staff, agents, joint venture partners, contractors,
vendors, affiliates or otherwise who is engaged in rendering our
Programs, Products, Services or Program Materials, or in any way or in
any location. In the event that you use our Programs, Products, Services
or Program Materials or any other information provided by us or
affiliated with us, we assume no responsibility.
Release of Claims.
In no event will we be liable to any party for any type of direct,
indirect, special, incidental, equitable or consequential damages for
any use of or reliance on our Programs, Products, Services or Program
Materials, or on those affiliated with us in any way, and you hereby
release us from any and all claims; including, without limitation, those
related to lost profits, personal or business interruptions, personal
injuries, accidents, misapplication of information, or any other loss,
physical or mental disease, condition or issue, or otherwise, even if we
are expressly advised of the possibility of such damages or
difficulties.
Your Conduct
You are agreeing that you will not use our Programs, Products, Services or
Program Materials in any way that causes or is likely to cause the
Programs, Products, Services or Program Materials, or access to them
either to be interrupted, damaged or impaired in any way. You understand
that you are solely responsible for all electronic communications and
content sent from your computer to this Website and its Content and to
us.
You must use the Programs, Products, Services or Program
Materials for lawful purposes only. You agree that you will not use our
Programs, Products, Services or Program Materials in any of the
following ways:
For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
To send, use or re-use any material that is illegal, offensive, abusive,
indecent, harmful, defamatory, obscene or menacing, threatening,
objectionable, invasive of privacy, in breach of confidence, infringing
of any intellectual property rights, or that may otherwise may injure
others
To send, negatively impact, or infect our Programs,
Products, Services or Program Materials with software viruses or any
other harmful or similar computer code designed to adversely affect the
operation of any computer software or hardware, commercial solicitation,
chain letters, mass mailings or any spam, whether intended or not
To cause annoyance, inconvenience or needless anxiety
To impersonate any third party or otherwise mislead as to the origin of your contributions
To reproduce, duplicate, copy or resell any part of our Programs,
Products, Services or Program Materials in a way that is not in
compliance with these Terms of Use or any other agreement with us.
Communication Guidelines
If you have a question or concern about your Programs, Products, Services, or Program Materials, you may contact us at
and we will do our best to reply to your question or concern promptly.
Purchases and Online Commerce
If paying by debit card, or credit card, you give us permission to
automatically charge your credit or debit card as payment for your
Program, Product or Service without any additional authorization, for
which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a three (3)
day grace period to make the payment otherwise the Program, Product or
Services will not continue and we reserve the right to cease your access
immediately and permanently.
If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time
or for any reason whatsoever, you still will remain fully responsible
for the full cost of the Programs, Products and/or Services.
All information obtained during your purchase or transaction for our
Programs, Products and Services and all of the information that you give
as part of the transaction, such as your name, address, method of
payment, credit card number, and billing information, may be collected
by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for
whom you are legally permitted to do so or for whom you have obtained
the express consent to provide their name, address, method of payment,
credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone
acting on your behalf. You agree to use our Programs, Products,
Services, and Program Materials for legitimate, non-commercial purposes
only and not for speculative, false, fraudulent, or illegal purposes.
Since we have a clear and explicit Refund Policy in these Terms of Use that
you have agreed to prior to completing the purchase of any of our
Programs, Products, or Services, we do not tolerate or accept any type
of chargeback threat or actual chargeback from your credit card company.
In the event that a chargeback is placed on a purchase or we receive a
chargeback threat during or after your purchase, we reserve the right to
report the incident to all three credit reporting agencies or to any
other entity for inclusion in any chargeback database or for listing as a
delinquent account which could have a negative impact on your credit
report score. The information reported will include your name, email
address, order date, order amount, and billing address. Chargeback
abusers wishing to be removed from the database shall make the payment
for the amount of the chargeback.
If you make a purchase from one of our affiliates, or any other individual or company through a
link provided on or through our Programs, Products or Services
(“Merchant”), all information obtained during your purchase or
transaction and all of the information that you give as part of the
transaction, such as your credit card number and contact information,
may be collected by the merchant and their payment processing company as
well. Your participation, correspondence or business dealings with any
affiliate, individual or company on or through our Programs, Products or
Services, and all purchase terms, conditions, representations or
warranties associated with payment, refunds, and/or delivery related to
your purchase, are solely between you and the Merchant. You agree that
we shall not be responsible or liable for any loss, damage, refunds, or
other matters of any sort that incurred as the result of such dealings
with a Merchant.
Payment processing companies and Merchants
may have privacy and data collection practices that are different from
ours. We have no responsibility or liability for these independent
policies of the payment processing companies and Merchants. In addition,
when you make certain purchases through our Programs, Products or
Services, you may be subject to the additional terms and conditions of a
payment processing company, Merchant or us that specifically apply to
your purchase. For more information regarding a Merchant and its terms
and conditions that may apply, visit that merchant’s Website and click
on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and
Merchants from any damages that you incur, and agree not to assert any
claims against us or them, arising from your purchase through or use of
our Website or its Content.
NOTE: If you have purchased one of
our products via a payment plan of any kind, you are required to make
all payments until you are paid in full. To protect ourselves and our
affiliates we do send payment defaults to a collections agency and this
can have a negative impact on your credit score.
By enrolling with Elite360, you also agree that you understand that usage
of the system carries additional charges for the following (note:
charges can vary based on country and are subject to change, please see
for more information):
Email: $.0016 per email (example: 10,000 emails = $16)
SMS/Text: $.011 per segment (160 character SMS = 1 segment) (example: 500 SMS = $5.50)
Phone: Outbound -> $.0196 | Inbound -> $.0119 (example: 1,000 minutes = $19.60)
Premium Action Triggers: $.017 per premium action trigger
Content A.I. - $.15/1000 words
Workflow A.I. - $.051 per workflow A.I.
Conversation A.I. - $.05 per conversation A.I.
Termination
You have the right to terminate your use of or participation in our Programs, Products or Services at any time by reaching out to us at
We reserve the right in our sole discretion to refuse or terminate your
access to our Programs, Products, Services or Program Materials, in full
or in part, at any time, without notice, by sending you an email to the
e-mail address you provided upon purchase of the Program, Product or Service.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate
your access to any aspect of our Programs, Products, Services and/or our
Program Materials, including but not limited to our Website, private
forum, e-mail communications, Facebook groups, live webinars or
conference calls, or any other method of communications related to our
Programs, Products, Services or Program Materials at any time without
notice and in our sole discretion.
All of the terms of this Terms of Use, including but not limited to all copyright, trademark,
and intellectual property rights, disclaimers, limitations of liability,
release of claims, and our Refund Policy will still apply now and in
the future, even after termination by you or us.
Dispute Resolution
It is hoped that should we ever have any differences, we could be able to
work them out amicably through e-mail correspondence. However, should we
be unable to seek resolution within a reasonable time, you agree now
that that the only method of legal dispute resolution that will be used
is binding arbitration before a single arbitrator, selected jointly, in
accordance with the American Arbitration Association Rules. Prior to
seeking arbitration, you must contact us at
and include all of your reasons for dissatisfaction with your Program,
Product or Service. You understand and agree now that the only remedy
that can be awarded to you through arbitration is full refund of your
Payment made to date. No other actions or financial awards of
consequential damages, or any other type of damages, may be granted to
you. We both agree now that the decision of the arbitrator is final and
binding, and may be entered as a judgment into any court having the
appropriate jurisdiction.
By purchasing our Programs, Products
or Services you are agreeing to a modification of the statute of
limitations such that any arbitration must begin within one (1) year of
the date of your e-mail to me referenced above or you waive the right to
seek dispute resolution by arbitration or to take any other legal
action.
You also agree that should arbitration take place, it
will be held in Hartford, CT, and the prevailing party shall be entitled
to all reasonable attorneys’ fees and all costs necessary to enforce
the decision of the arbitrator.
In the event of a dispute
between us, you agree to not engage in any conduct or communications,
public or private, including on social media, designed to disparage us,
our Company, or any of our Programs, Products or Services. Where
requested by law or arbitration, of course, you are not prohibited from
sharing your thoughts and opinions as a part of the legal process.
If any terms of these Terms of Use are construed to be invalid or
unenforceable for any reason, it shall not affect the validity or
enforceability of any other term which shall be given full force and
effect.
Confidentiality and Privacy.
Confidential Information.
To use our Programs, Products, Services or Program
Materials, we may seek personal data or information including your name,
e-mail address, phone number, street address, billing information,
birthday, preferences, interests, assignments, or other
personally-identifying information (“Confidential Information”), or you
may offer or provide a comment, photo, image, video or any other
submission to us when using or participating in our Programs, Products,
Services or Program Materials (“Other Information”). By providing such
Confidential Information or Other Information to us, you grant us
permission to use and store such information. We, in turn, will use our
best efforts to keep your Confidential Information safe, secure and
confidential in accordance with these Terms of Use and our full Privacy
Policy which may be found on our Website. If you believe that any of
your Confidential Information is incorrect or incomplete, please contact
us as soon as possible. We will promptly correct any Confidential
Information found to be incorrect.
What We Do With Confidential Information.
We request and require various personal data
and/or Confidential Information to understand your needs and provide you
with better services. In addition, we may use such data and
Confidential Information for the following reasons: (1) for internal
record keeping, (2) to improve our Programs, Products, Services or
Program Materials, (3) to periodically send promotions about new
Programs, Products or Services or other special offers from which you
may unsubscribe at any time, (4) for aggregate, non-identifiable data
for research purposes, (5) to customize the respective Programs,
Products or Services you purchase or use according to your interests
and/or (6) for support or communication related to your Program,
Product, Service or Program Materials.
Storage.
All data and Confidential Information is stored through a data management
system. This data and Confidential Information can only be accessed by
those who help manage that information in order to deliver e-mail or
otherwise contact those who would like to receive our correspondence.
You agree and acknowledge that we, including but not limited to our
team, staff and affiliates, and those who manage the data management
system may have access to your Confidential Information.
Viewing by Others.
Note that whenever you make your Confidential Information or Other
Information available for viewing by others such as through our
Programs, Products, Services, or Program Materials, our Website or
social media, the Confidential Information or Other Information that you
share also can be seen, collected and used others, and therefore, we
cannot be responsible for any unauthorized use by others of such
Confidential Information or Other Information that you voluntarily share
online or in any other manner.
How We Use Cookies.
We may use the standard “cookies” feature of major web browsers. We do not
set any Confidential Information in cookies, nor do we employ any
data-capture mechanisms on our Website other than cookies. You may
choose to disable cookies through your own web browser’s settings.
However, disabling this function may diminish your experience on the
Website and some features of our Programs, Products, Services or Program
Materials may not work as intended. We have no access to or control
over any information collected by other individuals, companies or
entities whose website or materials may be linked to our Programs,
Products, Services or Program Materials.
Passwords.
To use certain features of our Programs, Products, Services, or Program
Materials, you may be issued a group username and password or a unique
individual username and password, which you will receive through your
registration and/or purchase process. You may be able to change to
username and/or password of your choosing. You are responsible for
maintaining the confidentiality of the password and account, and are
responsible for all activities (whether by you or by others) that occur
under your password or account. You are not permitted to share your
username and/or password with anyone. If we learn you have shared your
username and/or password with another person, we reserve the right to
immediately terminate your access to the Program, Product, Service,
Program Materials, Website, private forum, Facebook group or any other
related communication. It is your responsibility to protect your own
password from disclosure to others. We cannot and will not be liable for
any loss or damage arising from your failure to protect your password
or account information. You are responsible for activities that take
place using your password(s) and within your account. If you share your
password(s) with anyone, they may be able to obtain access to your
personal information at your own risk. You agree to notify us
immediately of any unauthorized use of your password or account or any
other breach of security, and to ensure that you exit from your account
at the end of each session. By using our Programs, Products and
Services, you agree to enter true and accurate information as part of
the registration, purchase process and otherwise. If you enter a false
email address, we have the right to immediately inactivate your account.
We will use our best efforts to keep your password(s) private and will
not otherwise share your password(s) without your consent, except as
necessary when the law requires it or in the good faith belief that such
action is necessary, particularly when disclosure is necessary to
identify, contact or bring legal action against someone who may be
causing injury to others or interfering with our rights or property.