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TERMS & CONDITIONS

 

Effective Date: July 24, 2018

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elevateYOU LLC (“elevateYOU,” “We,” “Us,” “Our”) provides various personal coaching services, products, and goods through this Website (the “Service”). This Service is offered subject to Your acceptance of these Terms as well as any relevant sections of the elevateYOU, LLC Privacy Policy.

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.

 

ACCOUNTS

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.

 

NO REFUNDS

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.

 

NO WARRANTIES

By accepting these Terms, You agree and understand that We provides seminars and personal 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.

Please visit the Privacy Policy (http://www.elevateYOU.biz) for further details on our data protection policy, including how You may access and correct your personal information or withdraw consent to the collection, use or disclosure of your personal information.

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.

 

TERMINATION

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.

 

MISCELLANEOUS

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.

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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.

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Correspondence should be sent to jacqui@elevateYOU.biz

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