Terms and Conditions

Effective date: April 9, 2024

 

Website Terms and Conditions of Use with Disclosures and Disclaimers

 

By visiting and using this website and purchasing courses, materials and/or coaching services, you agree that you have read, understood, and agree to the following Terms and Conditions of Use by Elemental H & W (doing business as Elemental Health & Wellness, EHW, elementalhealthwellness.com and the Client (you).

“Client” shall include any person, business or entity who registers for the Course including any employee and/or agent of such business or entity and who has timely paid all fees and costs.  To be a Client, you must be 18 years or older and by entering into this Agreement you represent that you are at least 18 years old and agree to be bound by these terms and conditions. If executing this Agreement on behalf of a business or entity, you represent that you have the actual authority to enter into this Agreement and bind your business or entity to the terms and conditions contained herein. 

COMMENCEMENT AND DURATION.  This Agreement shall begin on the Commencement Date and shall continue for the duration of the Program enrolled into . Client’s access to the Program and Consultant’s on-line portal upon expiration or termination of the Program, whether or not Client has accessed and/or viewed any or all of the modules and videos in the Program. Specific durations of programs outlined in individual sections of this agreement.

 SERVICE FEES.  To enroll in the Course, Client must pay the Service Fee indicated on the page, unless an agreed upon payment has been written between the Company and the client, in which case a separate PDF contract will be sent to the Client to sign. 

As part of your purchase, you will receive access to a free community group on Facebook. This group is for purchasers of any course only and is used as community and support amongst you and others who have purchased courses. 

 

THIS GROUP IS NOT CONSIDERED TO BE MENTORSHIP OR COACHING FROM ASHLEY, LISA, KATHLEEN AND HER TEAM.

 

The group can be shut down at any time without recreation. It is optional to join, and you can be removed from the group at any time by its admins.

Intellectual Property

This website includes materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics. 

  

You may view, download, print, email and use materials from this website for personal, noncommercial purposes only.  Any reproduction or unauthorized use of any materials found on this website shall constitute infringement.

Any reproduction or use of materials found on this website outside of these limitations shall constitute infringement.

1. Visitor Comments and Posts

If you submit, comment or post any materials (such as photos, videos or written content) to this website, you represent and warrant that: (1) you are at least 18 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Elementalhealthwellness.com  a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant Elementalhealthwellness.com a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. Elementalhealthwellness.com does not claim any ownership rights in your materials.

Please choose carefully the materials that you upload to, submit to, or embed on this website. Any material you post on this website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website.  You participate, comment, and post material on this website at your own risk.  Any communication by you on this website, whether by leaving a comment or participating in a chat room, message board, public forum, chat bot, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time. 

Elementalhealthwellness.com, in its discretion, may delete or modify, in whole or part, any post, comment or submission to this website.Elementalhealthwellness.com does not, however, have any obligation to monitor posts, comments, or material submitted by third parties.  Elementalhealthwellness.com neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website. Elementalhealthwellness.com shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website.

1. Visitor Behavior on Website

You are strictly forbidden from the following:

• Causing damage to this website
• Using this website for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using this website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using this website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from this website
• Sharing private and proprietary information from online courses with anyone else

Elementalhealthwellness.com may, without notice, refuse access to its website, in whole or part, to any person that fails to comply with these Terms.

1. DISCLAIMERS

This website provides information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on this website prevents, cures or treats any mental or medical condition. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. Elementalhealthwellness.com  disclaims any liability for your reliance on any opinions or advice contained in this website.  

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

 

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

1. IMPORTANT EARNINGS DISCLAIMER - NO GUARANTEE OF RESULTS OR EARNINGS 

You agree that Elementalhealthwellness.com has not made and does not make any specific representations about the earnings or results you may receive.  Elementalhealthwellness.com cannot and does not guarantee that you will achieve any particular result or earnings from your use of the website, and you understand that results and earnings differ for each individual. 

1. Links to Third-Party Products, Services, or Sites 

Any links to third-party products, services, or sites are subject to separate terms and conditions. Elementalhealthwellness.com is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Elementalhealthwellness.com may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

1. No Warranty

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Elementalhealthwellness.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

REFUNDS:

The company has a strict no refund policy across all its other offerings and services.

 By using and/or purchasing our courses, you understand and agree that all sales are final and no refunds will be provided.

Elementalhealthwellness.com DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Elementalhealthwellness.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE.

1. General Terms

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws. The nearest state and federal court to Patchogue, NY shall have exclusive jurisdiction over any case or controversy arising from or relating to this website, including but not limited to the Privacy Policy or these Terms. By using this website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

Elementalhealthwellness.com may change, modify or update these Terms at any time without notice. Any access or use of this website by you after Elementalhealthwellness.com posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected].

Elementalhealthwellness.com controls and operates this website from offices in the United States. Elementalhealthwellness.com does not represent that materials on this website are appropriate or available for use in other locations. People who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.