1. YOUR USE OF THE WEBSITE AND ELITE WEALTH AND WELLNESS SERVICES
Elitewealthandwellness.com (the “Website”) is owned and operated by Elite Wealth and Wellness, LLC (“EWW”). Membership and use of the Website includes coaching services as well as accessibility to conferences, seminars, materials, products and content of the Website. By using or accessing any part of the services and materials made available to you on the Website or via communications with EWW, you unconditionally consent to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN DO NOT USE THE WEBSITE AND DO NOT USE THE SERVICES PROVIDED BY ELITE WEALTH AND WELLNESS, LLC.
2. INVESTING, ADVICE AND CONTENT
The content and materials, including testimonials, articles, statistics, suggested or recommended reading material and/or websites, statements, and education that EWW provides is published generally and DOES NOT constitute financial, investment, legal, or tax advice. The content and materials are not personal to you and does not take into account your personal circumstances. EWW does not assess the suitability or appropriateness of any investment in light of your personal circumstances, including your knowledge and understanding, financial strength, tax liability or appetite for risk.
EWW does not act as an investment advisor or advocate the purchase or sale of any security or investment. If you need guidance on interpreting the materials and content on the Website given your personal circumstances, you should seek independent advice from appropriate qualified professionals.
Investment markets have inherent risks and there is no guarantee of future profits, or even a return of your investment. Past performances does not assure future results. Investors must be able to afford to lose their entire investment. Specifically, certain investments are only for accredited investors who are familiar with and willing to accept the high risk associated with private investments. Securities sold through private placements are not publicly traded and, therefore, are less liquid, and may be subject to holding period requirements.
The information generally available on the Website, and by way of EWW coaches, DOES NOT constitute recommendations, solicitations, or offers to buy or sell any securities, options, other financial instruments or other assets, or provide any investment advice or service. The content and materials EWW provides is for general information only and is not intended to be relied upon by Members in making (or not making) certain investment decisions. EWW tries to ensure that the content and materials are up to date and accurate, but EWW does not guarantee the accuracy of the information. Members are encouraged to perform their own research, investigation and due diligence.
3. INVESTOR QUALIFICATIONS
In order to access investment opportunities, you must meet the following criteria as outlined by the Securities and Exchange Commission: (1) complete and submit the investor questionnaire and certification to EWW, (2) establish a substantive relationship with EWW, (3) entities must have assets of at least $5 million or, if a natural person, have a net worth over $1 million dollars (excludes the value of your primary residence), either alone or together with a spouse, and/or have earned annual income that exceeded $200,000 (or $300,000 together with a spouse) in each of the prior two years, and you reasonably expect the same for the current year; and (4) you have enough knowledge and/or experience in financial and business matters to evaluate the risks and merits of an investment. Only after all the foregoing have been established, will you be able to access certain information about investment opportunities not generally available to users of the Website.
4. SUBSTANTIVE RELATIONSHIP WITH INVESTOR
As set forth in paragraph 3 above, prior to obtaining access and information to investment opportunities you must meet the Investor Qualifications. EWW has developed qualification policies and procedures to vet your qualification and to establish a substantive relationship with you. Upon completion of the investor questionnaire and certification, EWW will undertake various actions to connect with you and collect information it deems sufficient to evaluate your sophistication, financial circumstances, and your ability to understand the nature and risks related to an investment. Such actions include (1) contacting you offline by telephone to introduce representatives of EWW and to discuss your investing experience and sophistication, investment goals and strategies, financial suitability, risk awareness, and other topics designed to assist EWW in understanding your sophistication; (2) sending you an introductory email; (3) contacting you online to answer questions you may have about EWW, the Website, and potential investments; (4) use a third-party credit reporting service to confirm your identity and accredited status, and to gather additional financial information and credit history information to determine your suitability; (5) encourage you to explore the Website and ask questions about investment strategies, philosophy, and objectives; and (6) foster interactions both online and offline between you and EWW.
5. ACCESS TO INVESTMENT OPPORTUNITIES
Only after EWW is satisfied that you have sufficient knowledge and experience in financial and business matters to enable you to evaluate the merits and risks of the investment opportunities, and EWW has taken reasonable steps to create a substantive relationship with you, EWW will grant you password-protected access to information about investment opportunities for your investigation and review.
6. YOUR COMMUNICATIONS
You are responsible for your own communications using the Website. You may not:
- communicate material that is copyrighted, reveals trade secrets, infringes on any other intellectual property rights of others;
- communicate material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity;
- communicate material that constitutes or encourages illegal activities or otherwise violates federal, state, or local criminal or civil laws.
You further understand and acknowledge that messages or communications posted by others Members of the Website should not be considered financial advice, and are not intended to replace the services of financial professionals or other qualified professionals. EWW does not endorse and is not responsible for such messages or communications by Members or third-parties and EWW does not warrant or condone the accuracy, completeness, or viability of any such messages or content posted by others. EWW shall not be liable for the messages or communications posted by other Members or third-parties.
7. RESPONSIBILITY FOR PAYMENT; RENEWAL; CANCELLATION
You are solely responsible for the cost of services provided by EWW that you agree to, including coaching services, where applicable.
You are solely responsible for all membership fees associated with your use of the Website. You understand that the monthly membership fees do not include private, one-ono-one coaching services. Your monthly fees will renew automatically on a monthly basis, unless you cancel your subscription. Your subscription must be cancelled no less than five (5) calendar days before it renews. Membership fees are paid in advance and are NON-REFUNDABLE. You may cancel your subscription at any time, but not less than five (5) calendar days before it renews. By signing up for a monthly membership, you hereby authorize EWW to automatically charge your credit card for such renewals unless cancelled in accordance with this paragraph. If your credit card information expires or changes, your membership may be immediately suspended or terminated until payment in full has been received.
You understand and agree that coaching services are not include in your monthly membership fees, and all coaching services will be charged at an hourly rate at the rate specified when a coaching appointment is scheduled. Hourly rates will be prorated in 15-minute intervals if less than an hour is utilized. You will be invoiced after the coaching services, and payment is due within 30 days of invoicing.
8. PASSWORDS AND ACCOUNT
Your username and password (collectively, the “Password”) will allow you to access to certain portions of the Website (certain portions of the Website require additional password access based on meeting investor qualifications). You are solely responsible for controlling your Password, and are prohibited from making available your Password to any third party. You are responsible for all activities that occur under your Password. You agree to notify Customer Support immediately of any unauthorized use of your Password or of any need to reset or lock down the Password(s) associated with your account.
9. CONFIDENTIAL INFORMATION AND NON-DISCLOSURE
Certain portions of the Website are password protected which allows Members’ access to information that is not available to the general public. The information on password protected pages of the Website, or emailed to you after meeting the investor qualifications, shall be considered Confidential Information. You agree that you will not (a) disclose Confidential Information to any person or entity; (b) use Confidential Information outside of its intended use; or (c) permit any person or entity to use or copy Confidential information, for any purpose unless authorized in writing by EWW. You agree to hold the Confidential Information in trust and confidence. You agree that this non-disclosure obligation shall continue indefinitely.
10. TERMINATION
EWW may terminate any Member’s right to use this Website at any time. EWW reserves the right to block, delete or stop the uploading of materials and communications that it in its sole discretion finds unacceptable for any reason. If your right to use this Website ends, you shall make no further use of this Website or any information obtained from this Website. If you find that your membership has been terminated, you may contact Customer Support for further information.
11. LINKING TO OTHER SITES
From time to time we will provide links to other websites, not owned or controlled by EWW. We do this because we think this information might be of interest or use to you or where, as a user, we can provide you with value-added services. While we do our best to ensure your privacy, we cannot be responsible for the privacy practices of other sites. A link to a non-EWW website does not constitute or imply endorsement by EWW. Additionally, we cannot guarantee the quality or accuracy of information presented on non-EWW websites. We encourage you to review the privacy practices of any website you visit.
12. APPROPRIATENESS OF CONTENT
Although this Website and its links may offer general information this Website does not solicit or accept information from any person younger than 18 years of age. This Website is not intended to attract children under the age of 18.
13. NO LIABILITY FOR COMPUTERS AND NETWORKS USED TO ACCESS YOUR ACCOUNT
We are only responsible for the security of the computer systems we own and operate. EWW shall have no liability for information about you stored or recorded by any computer or mobile device or any network, whether public or private, that you may use to access the Website.
14. ACCEPTABLE USE
You agree not to access or use the Website for an unlawful or illegitimate purpose. You shall not attempt to disrupt the operation of the services or the Website. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks.
15. OPERATION AND RECORD RETENTION
EWW reserves complete and sole discretion with respect to the operation of the Website. EWW may withdraw, suspend or discontinue any functionality or feature of the services. EWW is responsible for maintaining data arising from use of the services, but does not warrant the accuracy or completeness of the data stored. EWW reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or destruction policies.
16. INTELLECTUAL PROPERTY
All of the content available on or through the Website is the property of EWW or their licensors, and is protected by copyright, trademark, patent, trade secret and other intellectual property laws. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received using the Website communication tool to anyone. All materials made available for download from the Website is the copyrighted work of EWW or its licensors. All other brands and names are the property of their respective owners. Nothing contained on the Website should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of EWW, or any other party that may own the trademark.
17. DIGITAL MILLENNIUM COPYRIGHT ACT
EWW respects the intellectual property of others and expects users of the Website to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site or through this service, you must provide the following information when providing notice of the claimed infringement to EWW:
- Information reasonably sufficient to permit EWW to contact you, such as a telephone number and/or electronic mail address; and
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent or law.
The above information must be submitted as a written notification to EWW through EWW Customer Support by emailing us at info@elitewealthandwellness.com.
18. LIABILITY OF EWW AND ITS LICENSORS AND SUPPLIERS
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EWW, AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND ITS LICENSORS, EWW COACHES, AND SUPPLIERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS AND THEIR OFFICERS, DIRECTORS, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES (INCLUDING, FOR THE PURPOSES OF THIS ENTIRE SECTION, ALL PROVIDERS OF CONTENT FOR THIS WEBSITE) (COLLECTIVELY “RELEASED PARTIES”) EXCLUDE AND DISCLAIM ALL LIABILITY, AND SHALL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LIABILITY OR INDEMNITY, WHATEVER NATURE AND HOWSOEVER ARISING, FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, GENERAL, SPECIAL, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, BUSINESS INTERRUPTION, OR OTHER LOSSES OF ANY KIND OR CHARACTER) EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE, THE CONTENT, OR EWW SERVICES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EWW.
No Warranties; Disclaimers. EWW MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE, SERVICES, CONTENT AND ALL OTHER INFORMATION AVAILABLE ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE AND ALL OF ITS CONTENT (INCLUDING MESSAGES OR COMMUNICATIONS BY MEMBERS OR THIRD-PARTIES) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE. TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES (DEFINED ABOVE) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE SECURITY AND OPERATION OF THIS WEBSITE, AND THAT ANY TRANSMISSIONS OR ACCESS TO OR FROM WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
THE RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION IN, OR LINKS OR SEARCHES CONDUCTED THROUGH THIS SITE ARE COMPLETE, EXHAUSTIVE, RELIABLE, CURRENT OR ACCURATE.
19. INDEMNIFICATION
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, You agree to indemnify and hold harmless EWW, and its members, managers, officers, employees, agents, affiliates, and its licensors, coaches, and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Website and/or your receipt of services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth here. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
20. CHANGES TO TERMS OF USE
EWW may revise, modify or amend the information contained in the Privacy Policy or other Terms of Use at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to this Website or otherwise notifying you. If EWW makes a change to the Terms of Use that, in EWW’s sole discretion, is material, we will notify you via the email address we have associated with your membership. By continuing to access or use the Website after those changes become effective, you agree to be bound by the revised Terms of Use.
21. MISCELLANEOUS
EWW is based in Oklahoma in the United States of America and makes no claims that the content and information included at this site is appropriate or may be downloaded outside of the United States. Access to the content and information included at this site may not be legal by certain persons or in certain countries. If you access this site from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.
These terms of use, as amended from time to time by EWW, constitute the entire agreement among the parties pertaining to the subject matter hereof, and supersedes any and all agreements and understandings of the parties. EWW may without notice to you assign its rights and duties hereunder to any party at any time. Failure to enforce or insist on strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. The invalidity or unenforceability of any provision shall not in any way affect the validity or enforceability of the rest of these terms.
These terms of use shall be governed and construed for all purposes in accordance with the laws of the State of Oklahoma without regard to the choice of law provisions of any jurisdiction. You agree that any legal action or proceeding between EWW and you in any way related to these terms of use, use of the Website, EWW services, or otherwise shall be brought exclusively in a court of a competent jurisdiction sitting in Tulsa County, Oklahoma.
22. JURY WAIVER
YOU (BY YOUR ACCEPTANCE HEREOF AND USE OF THE WEBSITE AND EWW SERVICES) HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, EWW SERVICES, OR ANY OTHER ACTIONS OR USES CONTEMPLATED BY THESE TERMS OF USE.
23. NOTICES
Use of this Website and EWW services constitutes your agreement to receive all such notices electronically.
24. QUESTIONS
If you have questions and comments, or if you believe that your confidentiality has been breached or that any of your communications have been intercepted, or you wish to notify us regarding a suspected violation of these terms, please contact Customer Support by email at info@elitewealthandwellness.com.
1. DO NOT USE EWW SERVICES OR THE WEBSITE FOR EMERGENCY MEDICAL NEEDS.
If you experience a medical emergency, call 911 immediately. Elitewealthandwellness.com (the “Website”) is owned and operated by Elite Wealth and Wellness, LLC (“EWW”). EWW makes this Website available for the sole purpose of facilitating enhanced wellness education and coaching for its members who choose to use the Website.
2. FOR MEDICAL ADVICE AND DIAGNOSIS, CONSULT A PROFESSIONAL – DON’T USE THE SERVICES OF EWW OR THE WEBSITE.
NEITHER THE WEBSITE NOR THE SERVICES PROVIDED BY EWW ARE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE; DON’T USE THE WEBSITE OR EWW SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. WHILE EWW AND THE WEBSITE PROVIDES INFORMATION, IT CANNOT DIAGNOSE YOUR HEALTH CONDITION OR ADVISE ON YOUR LIFESTYLE CHOICES. SEE A HEALTHCARE PROVIDER FOR MEDICAL ATTENTION AND ADVICE.
3. YOUR USE OF THE WEBSITE AND EWW SERVICES
Interaction with the EWW coaches is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. Do not disregard medical advice from your regular doctor or other health professional because of information provided by an EWW coach or the Website.
EWW is not licensed to practice medicine and does not render medical care or medical advice.
Neither EWW, nor any of its members, managers, officers, employees, agents, affiliates, and its licensors, coaches, or suppliers, shall be liable for any advice obtained from using their services or the Website. EWW does not recommend or endorse any specific providers, tests, medications, products or procedures. All services or recommendations made by EWW coaches are based on their independent judgment based on the limited unverified information provided by the user.
4. YOUR COMMUNICATIONS
You are responsible for your own communications using the Website and any services of EWW. You may not:
- communicate material that is copyrighted, reveals trade secrets, infringes on any other intellectual property rights of others;
- communicate material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity;
- communicate material that constitutes or encourages illegal activities or otherwise violates federal, state, or local criminal or civil laws.
Further, EWW does not endorse and is not responsible for such messages or communications by Members or third-parties and EWW does not warrant or condone the accuracy, completeness, or viability of any such messages or content posted by others. EWW shall not be liable for the messages or communications posted by other Members or third-parties.
5. RESPONSIBILITY FOR PAYMENT; RENEWAL; CANCELLATION
You are solely responsible for the cost of services provided by EWW that you agree to, including coaching services, where applicable.
You are solely responsible for all membership fees associated with your use of the Website. You understand that the monthly membership fees do not include private, one-on-one coaching services. Your monthly fees will renew automatically on a monthly basis, unless you cancel your subscription. Your subscription must be cancelled no less than five (5) calendar days before it renews. Membership fees are paid in advance and are NON-REFUNDABLE. You may cancel your subscription at any time, but not less than five (5) calendar days before it renews. By signing up for a monthly membership, you hereby authorize EWW to automatically charge your credit card for such renewals unless cancelled in accordance with this paragraph. If your credit card information expires or changes, your membership may be immediately suspended or terminated until payment in full has been received.
You understand and agree that coaching services are not include in your monthly membership fees, and all coaching services will be charged at an hourly rate at the rate specified when a coaching appointment is scheduled. Hourly rates will be prorated in 15-minute intervals if less than an hour is utilized. You will be invoiced after the coaching services, and payment is due within 30 days of invoicing.
6. PASSWORDS AND ACCOUNT
Your username and password (collectively, the “Password”) will allow you to access certain portions of the Website, where applicable. You are solely responsible for controlling your Password and are prohibited from making available your Password to any third party. You are responsible for all activities that occur under your Password. You agree to notify Customer Support immediately of any unauthorized use of your Password or of any need to reset or lock down the Password(s) associated with your account.
7. CONFIDENTIAL INFORMATION AND NON-DISCLOSURE
Certain portions of the Website are password protected which allows Members access to information that is not available to the general public. The information on password protected pages of the Website, or emailed to you after meeting certain criteria, shall be considered Confidential Information. You agree that you will not (a) disclose Confidential Information to any person or entity; (b) use Confidential Information outside of its intended use; or (c) permit any person or entity to use or copy Confidential information, for any purpose unless authorized in writing by EWW. You agree to hold the Confidential Information in trust and confidence. You agree that this non-disclosure obligation shall continue indefinitely.
8. TERMINATION
EWW may terminate any Member’s right to use this Website at any time. EWW reserves the right to block, delete or stop the uploading of materials and communications that it in its sole discretion finds unacceptable for any reason. If your right to use this Website ends, you shall make no further use of this Website or any information obtained from this Website. If you find that your membership has been terminated, you may contact Customer Support for further information.
9. LINKING TO OTHER WEBSITES
From time to time we will provide links to other websites, not owned or controlled by EWW. We do this because we think this information might be of interest or use to you or where, as a user, we can provide you with value-added services. While we do our best to ensure your privacy, we cannot be responsible for the privacy practices of other sites. A link to a non-EWW website does not constitute or imply endorsement by EWW. Additionally, we cannot guarantee the quality or accuracy of information presented on non-EWW websites. We encourage you to review the privacy practices of any website you visit.
10. APPROPRIATENESS OF CONTENT
Although this Website and its links may offer general information regarding health issues of infants, toddlers, adolescents, and minors, this Website does not solicit or accept information from any person younger than 18 years of age. This Website is not intended to attract children under the age of 18.
11. NO LIABILITY FOR COMPUTERS AND NETWORKS USED TO ACCESS YOUR ACCOUNT
We are only responsible for the security of the computer systems we own and operate. EWW shall have no liability for information about you stored or recorded by any computer or mobile device or any network, whether public or private, that you may use to access the Website.
12. ACCEPTABLE USE
You agree not to access or use the Website for an unlawful or illegitimate purpose. You shall not attempt to disrupt the operation of the services or the Website. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks.
13. OPERATION AND RECORD RETENTION
EWW reserves complete and sole discretion with respect to the operation of the Website. EWW may withdraw, suspend or discontinue any functionality or feature of the services. EWW is responsible for maintaining data arising from use of the services but does not warrant the accuracy or completeness of the data stored. EWW reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or destruction policies.
14. INTELLECTUAL PROPERTY
All of the content available on or through the Website is the property of EWW or their licensors, and is protected by copyright, trademark, patent, trade secret and other intellectual property laws. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received using the Website communication tool to anyone. All materials made available for download from the Website is the copyrighted work of EWW or its licensors. All other brands and names are the property of their respective owners. Nothing contained on the Website should be construed as granting any license or right to use any trademark displayed on this Website without the express written permission of EWW, or any other party that may own the trademark.
15. DIGITAL MILLENNIUM COPYRIGHT ACT
EWW respects the intellectual property of others and expects users of the Website to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website or through this service, you must provide the following information when providing notice of the claimed infringement to EWW:
- Information reasonably sufficient to permit EWW to contact you, such as a telephone number and/or electronic mail address; and
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent or law.
The above information must be submitted as a written notification to EWW through EWW Customer Support by emailing us at info@elitewealthandwellness.com.
16. LIABILITY OF EWW AND ITS LICENSORS AND SUPPLIERS
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EWW, AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND ITS LICENSORS, EWW COACHES, AND SUPPLIERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS AND THEIR OFFICERS, DIRECTORS, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES (INCLUDING, FOR THE PURPOSES OF THIS ENTIRE SECTION, ALL PROVIDERS OF CONTENT FOR THIS WEBSITE) (COLLECTIVELY “RELEASED PARTIES”) EXCLUDE AND DISCLAIM ALL LIABILITY, AND SHALL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LIABILITY OR INDEMNITY, WHATEVER NATURE AND HOWSOEVER ARISING, FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, GENERAL, SPECIAL, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, BUSINESS INTERRUPTION, OR OTHER LOSSES OF ANY KIND OR CHARACTER) EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE, THE CONTENT, OR EWW SERVICES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EWW.
No Warranties; Disclaimers. EWW MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE, SERVICES, CONTENT AND ALL OTHER INFORMATION AVAILABLE ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE AND ALL OF ITS CONTENT (INCLUDING MESSAGES OR COMMUNICATIONS BY MEMBERS OR THIRD-PARTIES) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE. TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES (DEFINED ABOVE) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE SECURITY AND OPERATION OF THIS WEBSITE, AND THAT ANY TRANSMISSIONS OR ACCESS TO OR FROM WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
THE RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION IN, OR LINKS OR SEARCHES CONDUCTED THROUGH THIS WEBSITE ARE COMPLETE, EXHAUSTIVE, RELIABLE, CURRENT OR ACCURATE.
17. INDEMNIFICATION
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, You agree to indemnify and hold harmless EWW, and its members, managers, officers, employees, agents, affiliates, and its licensors, coaches, and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Website and/or your receipt of services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth here. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
18. CHANGES TO TERMS OF USE
EWW may revise, modify or amend the information contained in the Privacy Policy or other Terms of Use at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to this Website or otherwise notifying you. If EWW makes a change to the Terms of Use that, in EWW’s sole discretion, is material, we will notify you via the email address we have associated with your membership. By continuing to access or use the Website after those changes become effective, you agree to be bound by the revised Terms of Use.
19. MISCELLANEOUS
EWW is based in Oklahoma in the United States of America and makes no claims that the content and information included at this Website is appropriate or may be downloaded outside of the United States. Access to the content and information included at this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.
These terms of use, as amended by EWW from time to time, constitute the entire agreement among the parties pertaining to the subject matter hereof, and supersedes any and all prior agreements and understandings of the parties. EWW may without notice to you assign its rights and duties hereunder to any party at any time. Failure to enforce or insist on strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. The invalidity or unenforceability of any provision shall not in any way affect the validity or enforceability of the rest of these terms.
These terms of use shall be governed and construed for all purposes in accordance with the laws of the State of Oklahoma without regard to the choice of law provisions of any jurisdiction. You agree that any legal action or proceeding between EWW and you in any way related to these terms of use, use of the Website, EWW Services, or otherwise shall be brought exclusively in a court of a competent jurisdiction sitting in Tulsa County, Oklahoma.
20. JURY WAIVER
YOU (BY YOUR ACCEPTANCE HEREOF AND USE OF THE WEBSITE AND EWW SERVICES) HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, EWW SERVICES, OR ANY OTHER ACTIONS OR USES CONTEMPLATED BY THESE TERMS OF USE.
21. NOTICES
Use of the Website and services of EWW constitutes your agreement to receive all such notices electronically.
22. QUESTIONS
If you have questions and comments, or if you believe that your confidentiality has been breached or that any of your communications have been intercepted, or you wish to notify us regarding a suspected violation of these terms, please contact Customer Support by email at info@elitewealthandwellness.com.