Terms of Use

 
 
 

This Terms of Use Agreement covers your use of elanvital.com (“Site), which is owned and operated by Elan Vital McAllister and is a legally binding document. By using the Site and our services, you are agreeing to accept this Terms of Use Agreement and be bound by it when using the Site. If you don’t wish to be bound by this agreement, please do not continue to use the Site.

ELIGIBILITY

Elanvital.com offers coaching and courses for adults. You must be at least 18 years of age to provide your contact information and subscribe to our mailing list, and you must meet the age requirement for use of this site where you live.

REGISTRATION

We honor your information. You agree to provide accurate information if you sign up for our list (why not otherwise?) 

Please read our Privacy Policy which describes the personally identifiable information we collect, use, disclose, manage and store.

INTELLECTUAL PROPERTY

Be an original. The contents of this Site, including all software, design, text, images, photographs, illustrations, audio and video material, proprietary information, copyrightable or otherwise legally protectable elements are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.

INFORMATION PRACTICES

Elanvital.com keeps records of all transactions through the site electronically.

If you subscribe to our mailing list, you may opt out of receiving these communications at any time by clicking the link to unsubscribe in your emails.

If you are going to register for courses, you will be directed to a password protected page so that you can download course materials. You agree to keep your password private and let us know if it’s ever compromised.

RULES OF CONDUCT

Play nicely in the sandbox! Don’t pretend to be someone else as you use this site or take any actions to damage it, such as email fraud, viruses, false identities, harassment, or any other disruptive, malicious behavior.

THIRD PARTY SERVICES

You may encounter links to third parties on our site. If you interact with them, you’re no longer interacting with elanvital.com but the other site, which we can’t control. We’ll never deliberately send you to a dangerous site, but use your discretion in the event that our site is hacked.

Also remember that third parties may have different policies than we do. We encourage you not to provide any personally identifiable information via any third-party link unless you know and are comfortable with the party and their privacy policies.

DISCLAIMERS

I’m not a therapist or doctor. The services and materials offered on elanvital.com are meant for education and inspiration, not medical treatment.

While we’ll strive for accuracy always, we are not liable for any errors in the information presented on this site.

In addition, elanvital.com is not responsible for any damage, injury, or loss caused by any users, materials, or services associated with the site.

INDEMNIFICATION

You agree to indemnify, defend and hold elanvital.com and any of its affiliates or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including but not limited to reasonable attorneys’ fees), resulting from use of the site by you, or violations of this Agreement by you. 

MAKING PURCHASES

If you wish to sign up for a course offered through elanvital.com, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction, you agree that you are (a) are eighteen (18) years of age or older and (b) have the legal right to use the payment means you select.  You agree that all information you provide is accurate, complete and current. You agree to pay all charges, including shipping and handling charges and taxes in effect when you place the order. Elanvital.com does not offer refunds. All sales are final.

LEGAL MATTERS

Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Site (“Claims”), except for claims filed in a small claims court that proceed on an individual basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures. In agreeing to arbitrate all Claims, you waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Portland, Oregon, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. 

For claims that are not subject to arbitration:  (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Portland, Oregon, and; (b) you waive any and all rights to trial by jury with respect to any Claims.

MISCELLANEOUS

This Agreement cannot be modified or terminated verbally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this does not mean any other part of the Agreement isn’t enforceable. No claim arising out of this Agreement may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of the Site is governed by, construed and enforced in accordance with the laws of the State of Oregon (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Oregon.

©2018 Elan Vital.  All Rights Reserved.