elevateYOU, LLC is a limited liability corporation.
Applies to all interactions and dealings with elevateYOU, LLC by current, future and interested clients and others.
Limited Liability. In no event will elevateYOU be liable to YOU or any party related to you for any damages, including damages for loss of resources, financial, asset or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if elevateYOU has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
elevateYOU and its members, manager and contractors are not licensed or trained to provide legal, tax or financial advice. Any actions you take as a result of coaching are completely at your own discretion and at your own risk. Any testimonials or case studies used in advertising or training represent extraordinary individuals and results may not be typical. We are not responsible or liable for business or personal losses. You may lose money as a result of this investment and coaching.
You agree and understand that we provide seminars and personal and business coaching services only and guarantee no specific results. You acknowledge that we make no promise or representation.
All coaching is done virtually and in person meetings are not allowable and only approved ona case by case basis after contacting elevateYOU, LLCs CEO, Jacqueline Hardy.
Future and/or outside business with any independent contractor met through elevateYOU is entirely their own and your own and unless otherwise agreed by all parties in writing, not affiiated with elevateYOU. Contractors may not represent elevateYOU in contract creation.
Indemnification: YOU will, at your own expense, defend, indemnify, and hold elevateYOU, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
Coaching services differs from Therapy. You understand that we are not trained or licensed therapists nor do we represent ourselves to be. If you feel what you need is professional services from a licensed counselor, therapist or psychotherapist, or similar please seek those out instead (or in addition to) our coaching services.
We do not identity ourselves to be nor are we licensed, certified or registered in finance, tax, legal or the field of health, fitness, exercise, diet or nutrition. Any recommendations made around your finances, business, career, health, diet and fitness is a personal choice to implement and we expect that you will consult with your leaders, business advisors, financial advisors, Physician, Nutritionist, Physical Therapist and/or Certified Personal trainer, or other licensed professional prior to starting any new dietary or fitness regiment. We are not responsible for any resulting injury (physical or financial), disease or sickness that should result from such recommendations.
elevateYOU will not tolerate, suggest or encourage behavior that is unethical, illegal, violent, harassing, unlawful, stalking, defamatory, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable. You may NOT meet coaches in person without special permission from elevateYOU, LLCs CEO. I acknowledge that I am responsible for my own actions and choices and therefore hold harmless elevateYOU, LLC in such regard. That to the fullest extent permissible under applicable law, elevateYOU, LLC and its Affiliates shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, punitive, special, consequential or exemplary damages including but not limited to lost profits that result from the service.
We are NOT financial advisors and any decisions you make as a result of our coaching are your own. Any outcomes (desirable or undesirable) are your responsibility and yours alone. We can not guarantee results and any client success stories we share are extraordinary.
Access to online materials is not guaranteed beyond 8-weeks or 12 months (if included).
Live Coaching Clients, Please also refer to your signed client user agreement which may be updated as applicable.
Successful relationships are hard. We coached every one of our clients through fear, overwhelm, and challenges to find love. Every client and every relationship is different, therefore your results will be different. We can not make someone feel romantic feelings for you. If you are looking for something effortless, easy or a guarantee, look elsewhere.
Last Updated: December 5th, 2018
Generally, we may collect and use personal information for many purposes, including, but not limited to: billing, product and service fulfillment, understanding customer needs, providing a better website, improving products and services, and communicating with customers and potential customers regarding our products and services with third party products and services.
Personally Identifiable Information that You Provide to Us
We do not collect personally identifiable information e.g., name, e-mail address, contact or similar information unless you choose to provide it to us. If you voluntarily provide us with personal information, for example by sending an e-mail or by filling out a form and submitting it through our Website, we may use that information only to respond to your message and to help us provide you with the information or services that you request. To the extent that we process your personal information based on your consent, you may withdraw your consent at any time as stated below.
Account Registration Information
In some instances, use of the elevateYOU Website and Services may require that you disclose certain personal information for identification, including a unique email address and demographic information (including, for example, ZIP code, age, sex, job industry, job title, and income) to register.
Coaches may take notes detailing conversations and personal information shared in an effort to provide consistent support. This includes communications with both prospective clients, and active clients. These notes may be hand written or digital and shared with other members of the elevateYOU, LLC team as appropriate. We will do our best to protect such information including but not limited to shredding of notes, passwords, etc. Should a data-breach occur, elevateYOU, LLC is not responsible for how this information is used.
Billing and Credit Card Information
Our Services comprise, generally, business coaching Webinars, Seminars and materials distributed on a subscription basis. To enable payment, we collect and store name, address, telephone number, email address, credit card information, and other billing information. This information will only be shared with third parties who facilitate completion of the purchase transaction, such as by fulfilling orders and processing credit card payments.
We will not disclose your billing and/or credit card information unless required by law or a court order, or unless disclosure is required to address and issue implicated by the financial transaction. For instance, if you claim that your billing and/or credit card information was used to make a purchase you did not authorize, details about the transaction may be disclosed to law enforcement and any party we deem necessary to address the matter.
How this Information is Used
The information we collect is used for a variety of purposes, such as:
to enable your use of our services and fulfill your requests for certain features, such as enabling you to participate in and renew paid services, polls, and message boards;
by performing statistical, demographic and marketing analyses of users of our services to improve our relationship with our customers;
for product development purposes and to generally inform advertisers about the nature of our subscriber base to improve our relationship with our customers;
to customize your experience by allowing advertising to be targeted to the users for whom such advertising is most pertinent
An important aspect of our services includes direct communication with our customers. As a result, we will periodically send you communications to your email, text, or voice mailbox, via telephone, fax, cell phone, email, paper mail, or any other delivery method regarding the products or services you may have purchased through this Website. We may also send you information about product or service updates, new features, or information we believe you may find interesting. We may send you information regarding other products and services we offer.
How to access, correct, delete or exercise other rights regarding your Personal Information
If you would like to request to access, correct, object to the use, restrict or delete personal information that you have previously provided to us, or if you would like to request to receive an electronic copy of your personal information for purposes of transmitting it to another company, you may contact us at jacqui@elevateYOU.biz with the subject line “Data Subject Request.” We will attempt to comply with your request. However, the nature of our business, along with the applicable law governing our business, requires us to retain your information for several years. Please also note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the personal information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.
As a result, we cannot guarantee the deletion of all your information. But, when we receive a deletion request, we will remove your applicable information from our marketing and billing systems accordingly. This will ensure that there are not further mailings or billings directed towards you.
As we continue to refine our systems, we will establish a method for the complete removal of all user information from the system without compromising our legal and ethical duties. This document will evolve as these new methods are defined and tested for permanent account deletion.
For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Your choices regarding our use and disclosure of information
We may use information you provide for marketing purposes such as promotional emailing, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your personal information for marketing purposes. You may opt-out from receiving electronic communications from us if you are a user of products or services and no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by sending a request for list removal to jacqui@elevateYOU.biz. If you have provided your information to us, and opt-out, we will put in place processes to honor your request. This may entail keeping some information for the purpose of remembering that you have opted-out.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the products or services, and you cannot opt-out from receiving those messages.
We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:
The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
Security of Your Information
The security of personal information is a high priority for us. We seek to use reasonable technical, administrative and physical safeguards to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. You transmit and receive all such information at your own risk.
WE PROVIDE ANY AND ALL SERVICES AND INFORMATION ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
If you have any questions about the security of your interaction with us please contact us at jacqui@elevateYOU.biz.
Social Media Features
Third Party Payment Processor
Links To Other Websites
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, Zoho or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any personal information you disclose to other organizations through or in connection with our products and services, including our social media pages.
In providing our products and services, we use various third-party vendors who may either directly or indirectly collect information from you, including, but not limited to, Facebook, Twitter, Google, and Microsoft. You should review the relevant privacy policies (for further information on how each third party handles your personal information. If you would like a list of all third-party vendors who we currently use, please request the “current third-party vendor list” by emailing us at jacqui@elevateYOU.biz
Cross-Border Transfer; Governing Law; Jurisdiction
Non-Personal Information Collected Through Technology and Third-Parties
During your visit as you browse through the website, read pages, or download information, we automatically collect and store the following anonymous information about your visit:
the date and time you access our site;
the pages You visit on our site;
if You navigate to our site by clicking a link, the location of that link;
the technical capabilities of the computer you use to access our site;
the internet service provider You use to connect to our site (for example “companyX.com” if You have a commercial internet account, or “universityX.edu” if You connect from a university); and
the IP address (a number automatically assigned to Your computer whenever You are surfing the internet) from which You access our site.
We use this information, in the aggregate, to make our website more useful to visitors — to learn about the number of visitors to our site and the types of technology used, to detect operational problems, and to improve the website’s overall security.
Cookies, Beacons, Local Storage and Other Similar Technologies
We use “cookies,” Web beacons, HTML5 local storage and other similar technologies. These technologies allow us to manage access to and use of the Services, recognize you and provide personalization, and help us understand how people use the our Services. You may not be able to access certain areas of our websites, including elevateYOU.biz, if your computer does not accept cookies from us.
We do not respond to browser-based “do not track” signals.
We may transmit non-personally identifiable website usage information to third parties in order to show you advertising for elevateYOU when you visit other sites.
Analytics, Log Files and Reading History
We gather certain information automatically and store it in log files. This information may include IP addresses, browser type, operating system and other usage information about the use of our Services, including a history of the pages you view.
We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, including customized recommendations, advertising, to improve marketing, and to track access and use of our Services across the devices that you may use to access our Services.
We have hired third parties to provide us information, reports and analysis about the usage, browsing patterns of our users. They may independently record the type of device and operating system you are using, general location information, as well as events that occur on our Website, such as how often you use our Website.
Third-party Persons or Entities with Whom We Share Personally Identifiable Information
Disclosure by Necessity
We may occasionally access, preserve, and/or disclose personal information as required by law, for example, to comply with a court order or subpoena or we have a good faith belief that such action is necessary to
comply with the law or with legal process;
protect and defend our rights and property;
protect against misuse or unauthorized use of Our Services; or
protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
As we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be among the transferred assets.
Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our Website, your personal information may be transferred outside of your country of use and/or residence.
When your account becomes inactive, your information may remain in our computers, electronic databases, and archives, and may not be reasonably capable of expungement.
TERMS & CONDITIONS:
Effective Date: July 24, 2018
Please read these notice, terms, and conditions (“Terms”) carefully before using Our Service.
BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:
a) HAVE READ THESE TERMS,
b) UNDERSTAND THESE TERMS, AND
c) ACCEPT AND AGREE TO BE BOUND BY THEM.
You must be at least 18 years old to access this Website or to purchase products and/or Services from Us.
You agree that you are accessing the Services on Our Website for personal purposes. If you are using the Service on behalf of an organization, You are agreeing to these Terms for that organization and confirming now to elevateYOU that you have the authority to bind said organization to Our Terms of Service (in which event, “You” and “Your” will refer to that organization).
If you do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time you are not willing to be bound by these Terms, You should:
a) click the “I do not accept” or similar button,
b) terminate any download and/or installation process,
c) immediately cease and refrain from accessing or using the program, and
d) delete any copies you may have.
As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.
The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the “Content”) on this Website, or any part of such Content, or share your rights under these Terms to and with others.
You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that you will not
(i) select or use the login credentials of another person or company with the intent to impersonate that person or company; or
(ii) use login credentials in which another person or company has rights without such person’s or company’s authorization.
Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.
Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms.
You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.
You are responsible for all usage or activity on your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.
Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, elevateYOU abides by a strict, no refund policy. By accepting these Terms, You agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website.
By accepting these Terms, You agree and understand that We provides seminars and business coaching services only and guarantee no specific results. You acknowledge that We make no promise or representation that You will meet a certain woman, form a certain relationship or that you will not lose money, as a result of using these Services.
Any statements viewable on this Website or our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. As with any relationship, Your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary.
There are unknown risks in any relationship and when dating, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.
In accepting these Terms, You acknowledge that You take full responsibility for your own success.
In no event will We be liable to You or any party related to You for any damage, including damages, heartbreak for loss of personal assets or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
CONSENT TO USE INFORMATION
By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your membership, for the following purposes:
(i) the processing of this membership application; and
(ii) the administration of the membership with our organization.
Additionally when You communicate with Us, send Us information, or provide Content to Us, You grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.
INTELLECTUAL PROPERTY STATEMENT
The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by elevateYOU, LLC, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
By accepting these Terms, You further acknowledge and agree that We and Our third party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms. You may terminate any account You establish via this website at any time upon written notice to Us.
These Terms may not be modified or amended orally, impliedly, or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms.
We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.
Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
These Terms in all respects shall be governed by and construed according to the laws of the State of Arizona. The venue for any dispute shall be in the County of Maricopa.
This Agreement is entered into in Maricopa County, Arizona. You agree and consent to the exclusive jurisdiction and venue of the state of Arizona and county of Maricopa for any dispute arising from or related to this Agreement.
Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms.
Waiver & Release of Liability
In consideration of the risk of injury while participating in activities recommend by elevateYOU, LLC such as but not limited to attending an event, party, or gather where alcohol is consumed, consuming alcohol, under the influence of alcohol, ropes courses, heights, sky diving, firearms, tactical firearms courses or events, operating race cars, motorcycles, bikes or other, interacting with dangerous animals in controlled/uncontrolled and wild environments, bungee jumping, horse-back riding, swimming, boating, white water rafting or similar and cosmetic services such as plastic surgery, other cosmetic procedures, hair removal or similar, in addition to fitness plan, lifting weights or related injuries from other physical activities, as well as meeting and interacting (friendly, romantic or otherwise) with associates, prospects, affiliates, vendors or others of elevateYOU, (The “Activities”), and as consideration for the right to participate in the activity, I hereby for myself and my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the activity, and do hereby release and forever discharge elevateYOU, LLC, it’s members, prospective members, affiliates, vendors, partners, agents, attorneys, staff, volunteers, heirs, representatives , predecessors, successors, or others and assigns, for any physical, psychological, emotional or financial injury including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned activity including traveling to or from an event related to this activity.
I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risk associated with traveling to and from as well as participating in this activity, which may include, but are not limited to, Physical or Psychological injury, Pain, Suffering, illness, disfigurement, temporary or permeant disability, including paralysis, economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others negligence, conditions related to travel, or the conditions of the activity location(s). Nonetheless, I assume all related risks, both known or unknown to me or my participation in this activity, including travel to, from, and during this activity. While not required, I understand that it is recommended I discuss these risks and challenges with my doctor for physical fitness and family before performing them or agreeing to this waiver and release of liability.
I agree to Indemnify and hold harmless elevateYOU LLC, its partners, vendors, employees, volunteers, members, prospective members, affiliates and others against any and all claim, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or anyone else acting on my behalf. If I elevateYOU, LLC incurs any of these types of expenses, I agree to reimburse elevateYOU LLC.
I acknowledge that elevateYOU, LLC, and its directors, employees, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf or recommended by elevateYOU, LLC.
I acknowledge that this activity may involve a test of a personal physical and mental limits and may carry with it the potential for death, serious injury and property loss. The risks may include but are not limited to those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic, and actions of others, including but not limited to participants, volunteers, spectators, members, coaches, event officials, and monitors and/or producers of the event.
I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability I expressly agree to release and discharge elevateYOU, LLC , its directors, managers, agents, attorneys, employees, volunteers, heirs, representatives, Predecessors, successors, partners, members, vendors, affiliates and others and assigns from any and all claims or causes of actions and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against elevateYOU, LLC for personal injury or property damage.
To the extent that statue or case law does not prohibit releases for negligence, this release is also for negligence on the part of elevateYOU, LLC, its agents and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
Correspondence should be sent to jacqui@elevateYOU.biz