This Terms and Conditions Agreement (“Agreement”) is between Eli Rose Social Media, LLC (“Company”) and You (“Customer” or “you”) regarding the product, service, or program (“Program”) you wish to purchase through Company.
This Agreement is a binding legal contract between you and Company; please review it in full. By making a purchase of the Program via this website, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, you cannot purchase the Program.
If you are purchasing the Program on behalf of an organization, you warrant that you are authorized to bind that organization to legal agreements, and as such, that organization accepts this Agreement, and all the terms of this Agreement apply to that organization.
Company may amend this Agreement at any time by sending you a revised version at the email address you provide us, and you automatically become bound by the latest version of the Agreement unless you withdraw from any online or ongoing aspects of the Program (if they exist). You have an affirmative duty to notify us of any changes to your email address, and to review any changes to the Agreement.
This Agreement was last modified on February 1, 2020.
The Program. In exchange for purchasing this Program, you will receive the materials described on the sales page of the Program as of the date of your purchase.
Customer Duties. You agree and understand that you must review all materials in the Program and implement them fully to receive benefits from the Program. You understand that any abusive or inappropriate conduct with Company staff is a material breach of this Agreement.
Payments. You agree to pay the fees as specified on the sales page using the online billing system via the payment method you selected upon purchase. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You understand that if a payment is late, charged-back, or declined for any reason, you will no longer have access to any online or ongoing aspects of the Program (if they exist) until the late payment is rectified. Company will have the right to recover expenses including collection costs and reasonable attorney’s fees incurred in the collection of overdue amounts. Except as per the terms of the Refund Policy below, you understand and agree that you are responsible for all payments and will not receive a refund even if you choose to not utilize any or all aspects of the Program.
Limited Refund Policy. If you feel you have not received enough value from your purchased Program, you have a limited time to request a refund. If you have purchased a download-based or PDF-based Program, you have 7 days from purchase to request a refund. If you have purchased a course-based Program, you have 30 days from purchase to request a refund. To receive a refund, you must send an email to Info@EliRose.com with your name, purchase email, and refund request, before the expiration of the refund period. Upon receipt of your refund request, Company will cancel any online or continuing access to the Program and refund your payment via the same method as your original payment. Upon cancellation and refund, you will no longer have access to any online or ongoing aspects of the Program. After the expiration of the Limited Refund Policy period, no refunds will be granted. This Policy is not a guarantee of results.
Intellectual Property. Company owns the copyrights and other intellectual property rights over any materials provided in the Program under this Agreement. You are licensed to use the materials only for your own individual use. You are not allowed to reproduce, share, distribute, or sell these materials beyond the scope of this license, including posting materials on the Internet or sharing materials via social media. You are not licensed to teach the information contained in the materials provided in the Program under this Agreement. Any violation of this clause is a material breach of this Agreement.
Term. This Agreement begins when you make your purchase and will continue until the Agreement is terminated under this section. If either party materially breaches this Agreement, the other party may terminate this Agreement upon three (3) days written notice, unless the breach is cured within the notice period. If the Agreement is terminated due to Customer’s material breach, Customer will no longer have access to any online or ongoing aspects of the Program (if they exist) and Customer will not receive a refund.
No Guarantees or Warranties. The Program is for your education and information. Company cannot and does not guarantee that any specific results will be obtained from the Program, because your results involve factors beyond the control of Company, such as your experience, your status, and your effort. Company disclaims any warranties as to the availability, completeness, or accuracy of the materials. Company disclaims any warranties of fitness for a particular purpose, merchantability, or non-infringement.
Your Warranties and Indemnification. You agree to indemnify Company against all claims and damages arising out of your breach or alleged breach out of any representations, warranties, or agreements made by you under this Agreement and your participation in the Program.
Disclosure. Company is not providing mental health care, therapy, medical advice, legal advice, tax advice, investment advice, or financial advice through the Program. You understand and agree that you are responsible for seeking appropriate professional advice.
Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, government regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
Waiver of Consequential Damages. No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.
No Waiver. None of the terms of this Agreement can be waived or modified except by an express agreement in writing signed by all the parties.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them with respect to the subject matter contained herein.
No Assignment or Transfer. You may not assign, sub-license, or transfer this Agreement (including any login or password information) to any other person or entity. Sharing your login information with any other person is a material breach of this Agreement.
Choice of Law. This Agreement will be governed by, and construed in accordance with, the laws of the State of Tennessee.
Arbitration. Any controversy or claim arising out of or relating to this contract or the breach thereof, will be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There will be no other discovery allowed. The arbitration will be conducted by video conference or telephonic hearing, or upon consent of both parties, will be based solely on the submission of documents. The prevailing party will be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Reporting Copyright Infringement (DMCA). Company complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at:
Address: Eli Rose Social Media, LLC
875 W. Poplar Ave, Ste 23, #165
Collierville, TN 38017
containing the following information:
– Your contact information (name, mailing address, phone number).
– A description of the copyrighted work that you believe was infringed.
– A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.
– A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
– Your digital or physical signature.
Questions. Any questions about the Terms and Conditions Agreement can be directed to: Info@EliRose.com