Terms Of Service

Thank you & Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern elewaytion.com‘s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

These Terms govern your access and use of Elewaytion International Inc. (the “Company”, “Elewaytion”, “we”, “our”, or “us”) product and services including any digital offering provided by our website elewaytion.com and any other websites or app created by us from time to time as well as our in-person programs and consumer products collectively as our “services”. We refer to our websites and mobile applications collectively as our “Digital Properties”.

These Terms also govern your use of all information, documents, catalogs, communications, files, text, graphics, and audio/visual content (collectively, the “Materials”) made available to you by way of the Services whether by oral, visual, electronic or other means.

We have organized these Terms so that the paragraphs applicable to all products and services appear in the main section. Terms applicable only to a particular product or service appear in distinct sections that follow to make it easier to understand what applies to your specific interactions with us.

PLEASE READ THESE TERMS BEFORE USING OUR SERVICES AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY USING ANY OF OUR SERVICES, VISITING ANY OF OUR DIGITAL PROPERTIES OR ACCESSING IN ANY WAY ANY MATERIALS, YOU AGREE TO AND ARE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ANY OTHER TERMS WHICH MAY APPLY TO YOU. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICE, DIGITAL PROPERTIES OR MATERIALS.

We reserve the right to change these Terms at any time, without any prior notice to you. Any updates to these Terms will be posted or linked to from our Digital Properties, including at www.elewaytion.com, and will apply to you prospectively, so you should check back each time you use our services so you are aware of any changes, as they are binding on you.

ACCESSING THE SERVICES

ACCOUNT CREATION

While you can browse our websites without creating a user account (“Account”), the purchase of any Services as well as access to any Materials via our website or apps, requires you to have an Account. In creating an Account, you must provide us with accurate and complete registration information as prompted during the registration process, including your name, a valid email address which functions as your username and a password of your choice, subject to certain requirements. Each Account registration is for a single user only. You may not misrepresent your identity or your affiliation with any person or organization and you may never use another user’s Account for any purpose whatsoever.

You may access the profile associated with your Account (“Profile”) from our Digital Properties when you are logged-in. When you access your Profile, you can edit certain information, including your email address and password, or associate additional information with your Profile. You can also contact us directly at support@elewaytion.com to edit your information. It is your responsibility to ensure your contact information is accurate and up to date. Your Profile may also enable you to manage other aspects of your Account, including the nature and frequency of communications we send to you, among others. The products and services you have purchased or otherwise have entitlements to may also be associated with your Account and, in such cases, your Profile will provide you with such information along with links for convenient access to such products and services.

You may create or log-in to your Account through social media service functionality. If you associate your Account with another service in this manner, you expressly authorize us and the relevant third party to share and store certain information about you, including personally identifiable information, depending on your account settings with such third party. Please note that you will be bound by the terms of use and privacy policies of any such third parties, in addition to our Terms and Privacy Policy.

ACCOUNT PROTECTION

You are responsible for maintaining the security and confidentiality of your username and password and may not share your Account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has obtained your password or accessed your Account you must notify us immediately via email at info@munishmaya.com with “Unauthorized Use” in the subject line. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.

ACCOUNT TERMINATION

You may terminate your Account at any time by sending an e-mail to support@elewaytion.com with “Cancel Account” in the subject line. Please allow seven (7) days for termination to take effect. Following termination, we may delete any or all of the information associated with your Account, including your entitlements to access any Materials and other functionality, whether purchased by you or otherwise, and such entitlements will not be restored if you create a new Account. You have no recourse with regard to any information that we delete or functionality we remove upon Account termination, regardless of any value you may ascribe to such data or functionality. We further disclaim any value you may attribute to any of your data stored on our servers. Additionally, you will not receive any further communications from us unless and until you create a new Account or you otherwise request that we provide communications to you. Our rights under the Terms will survive any termination of your Account or cessation of your use of our Services.

MINIMUM AGE

In order to accept these Terms and to access and use our Services you must be at least 18 years of age, or if you have parental consent, at least 13 years of age (“Minimum Age”). Our Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have the consent of your parent(s) or guardian(s) to access and use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant us the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Terms, you may not use the Services.

MODIFICATION & SUSPENSION OF SERVICES

We reserve the right, subject to these Terms, to change, suspend, or discontinue any aspect of the Services, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features, removing access to any Materials or discontinuing any of our offerings entirely. Any description of the features of products or services offered by us shall not be considered to be a representation by us that such features will always be included in such products and services.

We also reserve the right, subject to the Terms, to terminate or suspend your Account or restrict access to some or all of the Services, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Services and Materials may become unavailable to you at any time and for any period. In the event we terminate your Account, we may delete any or all of the information associated with your Account.

For the avoidance of doubt, we will not be liable if for any reason all or any part of the Services, Digital Properties or Materials is unavailable at any time or for any period.

USER GENERATED MATERIAL ( UGM )

We may enable you and others to participate in in-person, telephonic or online group lessons, workshops and other sessions as well as in online groups, chat rooms and message boards, some of which may be a required or optional component of certain product and service offerings. In connection with these forums you may have the opportunity to share comments, perspectives and other information with our community. Please note that some for these forums, including chat rooms and message boards, may remain publicly accessible indefinitely and may be accessible on our other websites. Other forums, including group lessons, materials and workshops may be recorded and remain accessible to other participants in the session or the particular program to which the session relates. You may also share testimonials or reviews of our products and services or ideas and comments about ways to improve the Services for public display or for our private use. In connection with all of these activities, you are responsible for all content and activity that occurs under your Account or in your name (collectively, “User Generated Material”).

User Generated Material must not:

Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or otherwise offensive, inappropriate, damaging, disruptive or harmful, as determined by us in our sole and absolute discretion;
Violate our or any other person’s legal rights (including rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
Create or threaten harm to any person or loss or damage to any property;
Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or proprietary rights of us or any other person;
Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
Misrepresent your identity or affiliation with any person or organization;
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for Elewaytion or other services by electronic or other means for any purpose including to send unsolicited e-mail or other electronic communications;
Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Elewaytion or the networks or services connected to Elewaytion or install or attempt to install or promote spyware, malware or other computer code on our or third parties’ computers or equipment; or
Involve commercial activities such as contests, sweepstakes and other sales promotions, barter, advertising or offers of sale or purchase of goods and services regardless of whether such products or services are competitive to those offered by us.

We do not claim ownership to User Generated Material. However, by posting or otherwise sharing User Generated Material, subject to any restrictions explicitly set forth herein, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free, license to use, reproduce, share, transmit, print, publish, publicly display, exhibit, distribute, copy, modify, sublicense, translate, create derivative works of, publicly perform, and otherwise exploit your User Generated Material, in whole or in part, for any purpose, including promotional purposes, in all media formats now known or hereafter created, without further notice to you, and with or without attribution to you. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your User Generated Material (but not your original User Generated Material), expressly including any comments or ideas about ways to expand or improve any of the Services. You waive any moral rights you may have in the User Generated Material. With respect to User Generated Material posted by you, you represent that (a) you created and own the rights to the content or you have the owner’s express permission to share the content and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks or privacy rights) or violate any applicable laws, these Terms or any of our other posted policies. You agree that we have no obligation to examine or enforce any intellectual property rights in or to your User Generated Material. You agree to pay all royalties, fees and other monies owing any person related to User Generated Material that you share via us.

We have the right, but not the obligation to monitor, review, screen, post, remove, reject, modify and store User Generated Material you share, at any time and for any reason, without notice, including to ensure that User Generated Material complies with the Terms. We do not endorse any User Generated Material and the User Generated Material shared does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of sharing it and you agree that we are acting only as a passive conduit for your communication, distribution and/or publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third party shares via us, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing User Generated Material. YOU WAIVE AND HOLD HARMLESS ELEWAYTION AND OUR AFFILIATES, AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, ATTORNEYS, VENDORS, SERVICE PROVIDERS AND CONTRACTORS (COLLECTIVELY, THE “ELEWAYTION PARTIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE ELEWAYTION PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH ELEWAYTION PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Though we strive to enforce our rules with regard to User Generated Material, you may be exposed to User Generated Material that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material, whether or not it violates our Terms.

Please choose carefully the information you share via Elewaytion and that you give to other users. You are discouraged from publicly sharing PII, including your telephone numbers, street address, e-mail address or other information that allows strangers to find you or steal your identity.

You assume all risks associated with interacting with other users with whom you come in contact through our Digital Properties or otherwise in connection with the Services, and to the fullest extent that the law permits, you release us from any claims or liability related to any User Generated Material shared via Elewaytion and from any claims related to the conduct of any other users.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible at all times for your conduct and your interactions with other users.

PROHIBITED CONDUCT

Unless expressly provided for herein or as agreed upon in a writing duly signed by us and you, you may not under any circumstances:

Reproduce, download, modify, translate, add to, distribute, transmit, share, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any Materials in any medium without our prior express written permission, either directly or through the use of any device, software, Internet site, web-based service or other means;
Copy or print any Materials, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Materials;
Use the Materials in a manner that suggests an association with any of our products, services or brands;
Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademarks or other proprietary notices marked on the any Materials or any digital rights management mechanism, device or other content protection measures either directly or through other means;
Mirror, frame, screen scrape or deep link to any aspect of the Services or access any Materials through technology or means other than those provided or authorized by us;
Access the Services via any automated system, including without limitation by “robots,” “spiders,” “offline readers,” etc., attack the Digital Properties via a denial-of service attack or a distributed denial-of-service attack or otherwise take any action that imposes, or may impose (as determined by us in our sole and absolute discretion) an unreasonable or disproportionately large load on our infrastructure, or attempt to interfere with the proper working of the Digital Properties in any other way.
Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, or tamper with, impair, damage, attack, exploit, or penetrate our system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Elewaytion or any connected networks, or take any action to impact the proper operation of the Services and any person’s or entity’s use or enjoyment thereof;
Bypass the measures we may use to prevent or restrict access to or use of the Services including by hacking into secured or non-public areas, circumventing any fencing mechanisms or otherwise;
Use the Services to collect any personally identifiable information, including Account names and e-mail addresses, or use the Services for any commercial solicitation purposes, without express written permission from Elewaytion;
Attempt to reverse engineer any aspect of the Services or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Services, create any derivative works or materials of any kind using any Materials, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Services; or
Use our Digital Properties to engage in any illegal activity or the planning of any illegal activity.

INTELLECTUAL PROPERTY RIGHTS

MATERIALS & NON-COMMERCIAL USE

We grant you a non-exclusive, revocable, limited, royalty-free, non-transferable, non-sublicensable license to use the Services and the Materials subject to these Terms. Unless otherwise specified, the Services and the Materials are for your individual, personal and non-commercial use. No other rights, assignment, licenses or legal relationship of any nature, including but not limited to agency, partnership, joint-venture, employer-employee, franchisor-franchisee, or otherwise, either express or implied, are created through your use of the Services unless expressly reserved in these Terms.

We or our affiliates own, control or license the Materials available via the Services, and the Materials are protected from unauthorized use, copying and dissemination by U.S. and international intellectual property laws. No right, title or interest in or to the Services or any Materials is transferred to you, and all rights not expressly granted are reserved. Any use of the Services that is not expressly permitted by these Terms may be a breach of the Terms, and may violate copyright, trademark and other laws.

You may create a plain text hyperlink to the pages of our Digital Properties provided that neither you nor the link portrays us or any of our Services in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with us. You may not use any of our trademarks as part of the link without our express written permission. We may revoke this permission at any time for any reason upon notice to you.

DMCA COPYRIGHT POLICY & COPYRIGHT AGENT

We respect the intellectual property rights of others and expect our users to do the same. We may remove User Generated Material that in our sole discretion appears to infringe the copyrights of others. In addition, in our sole and absolute discretion, we may terminate Accounts of users who infringe the copyrights of others. If you believe that we or another user has infringed your copyrights, please notify our Copyright Agent, and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright; (b) an identification of the copyright claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright’s owner, its agent, or the law; and, (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the copyrights involved. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws.

Our Copyright Agent can be reached via email at support@elewaytion.com.

TRADEMARKS

Elewaytion’s name, marks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Elewaytion. You must not use such marks without the prior written permission of Elewaytion.

As between you and us, we own the services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of Elewaytion, which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other copyright laws. Elewaytion retains all rights in the services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.

THIRD PARTY LINKS

Our Digital Properties may contain links to non-Elewaytion websites on the Internet. Any such links to non-Elewaytion websites have been provided solely as a convenience. You may also encounter our Materials or advertisements for our Services on non-Elewaytion sites, including social media sites. We do not control or endorse these websites, nor review or approve the content that appears on such websites and expressly disclaim responsibility and liability therefor. You acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, any of your activities or interactions with elements of such non-Elewaytion websites outside of our control, or for the content, goods, or services available on or through such websites.

Additionally, you may choose to share information about your activities in connection with our Services with users of other services, including social media services, via tools we provide you with access to or otherwise. Please note that we are not responsible for any content you share in this manner.

Please consult the Privacy Policies and Terms of Use for any third-party websites we link to or on which our Materials or advertisements appear as well as any services by way of which you share information relating to your activities in connection with our Services for more information about how such websites and services govern your activities and use your information.

DISCLAIMER OF WARRANTIES

WE PROVIDE THE SITE ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE ELEWAYTION PARTIES DO NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE SERVICES AND DIGITAL PROPERTIES: (I) ARE RELIABLE OR WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS OR ERRORS, (III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (IV) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE, OR (V) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.

THE ELEWAYTION PARTIES MAKE NO WARRANTIES OF ANY KIND OTHER THAN AS EXPRESSLY SET FORTH HEREIN AND YOUR USE AND ACCESS OF THE SERVICES, MATERIALS, AND DIGITAL PROPERTIES IS ENTIRELY AT YOUR OWN RISK. ELEWAYTION EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, MATERIALS, AND DIGITAL PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY, AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED. ELEWAYTION DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD-PARTY VIA ELEWAYTION OR ANY LINKED OR OTHER THIRD-PARTY PROPERTY.

NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.

DISCLAIMER OF LIABILITY & INDEMNIFICATION

Under no circumstances will the Elewaytion Parties be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) or for any other loss, damages or injury of any kind that are directly or indirectly related to the Services, your access or use of the Digital Properties or Materials, any User Generated Material, your data, your Account or the information contained therein, any errors or omissions or any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if the Elewaytion Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will the Elewaytion Parties be liable to you or anyone else for loss, damage or injury relating to any third-party providing you with services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event will the Elewaytion Parties’ total liability to you for all damages, loss, or causes of action, if any, exceed the amount you have paid to us for the product or service giving rise to the claim.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

You shall indemnify, defend, and hold harmless Elewaytion and its successors, subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, service providers, employees, and representatives (the “Indemnified Parties”) from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by the Indemnified Parties in any way related to your (a) acts and/or omissions on or off the Digital Properties or while otherwise using or accessing our Services; (b) violation of any rights of another party, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Digital Properties, Services, or User Generated Material; (c) breach of these Terms; (d) disputes with or between other users; (e) use and/or misuse of the Digital Properties or Materials; (f) violation of any applicable law or regulation; (g) submitting inaccurate, untimely, incomplete or misleading User Generated Material; (h) misstatements and/or misrepresentations; or (i) contracts or arrangements made or provided based on any Materials provided via the Services. You must cooperate as requested by us in the defense of such claims. We reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by, and you shall not, in any event, settle any claim or matter on behalf of us without the written consent of Elewaytion . This indemnification obligation shall survive the cessation of your use of the Services.

MEDICAL & WELLNESS DISCLAIMER

We provide Materials for general informational purposes only and these Materials are not intended or implied to serve as medical, health or wellness advice, diagnosis or treatment. You should not use any Materials as a preventative health measure, gauge the state of your health or to diagnose or treat any health issues, illnesses or diseases. If you have or suspect you have a health or medical problem, you should consult with your physician or another qualified healthcare provider.

We neither endorses nor are responsible for the accuracy and reliability of any products, services, events, opinions, advice, or statements made by anyone other than our authorized representative while acting in their official capacity.

Our Websites may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies, that we do not accept any responsibility or liability for their policies and you release us of any responsibility for the actions, practices and omissions of third parties. Please check the individual policies before you submit any personal information to those websites.

CONCENT REGARDING OUR E-COMMUNICATIONS

You consent to receive communications from us whether required by law or otherwise, either by e-mail (if you have provided us with your e-mail address), by any other form of communication you have consented to in your Account settings, or by notice posted on elewaytion.com as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address or other location that you provide to us.

We may send the following communications to you via e-mail, push notification or by another messaging platform:

Suggestions regarding, or information about, Services or Materials we believe would be of interest to you
Statistics about your activity and messages intended to reinforce certain activities and behaviors we reasonably believe you want to continue or otherwise pursue
Newsletters, if you have requested to receive them
Ad hoc offers and promotions, including on behalf of third-parties

You can opt-out of receiving any e-mail communications from us (or reinstate receipt) by clicking the “unsubscribe” link included at the bottom of any e-mail we send you or, if you have an Account, by updating your Account settings.

At any time, you can manage our ability to send you push notifications by turning off the notification settings in the relevant mobile application or in the device settings of your mobile device. If you choose not to receive push notifications, you may still receive in-app notifications.

Notwithstanding your indicated email marketing preferences, we may send you administrative emails, including, for example, order confirmations or information about Services you have purchased as well as notices of updates to the Privacy Policy or these Terms if we choose to provide such notices to you in this manner. We may also contact you via e-mail to respond to a question, comment, or other communication that you may have initiated with us, including but not limited to questions related to the Privacy Policy or these Terms, any User Generated Material you provide or in relation to customer service issue.

We may seek your consent to contact you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing text messages. We may contact you using your phone or mobile number with an automatic telephone dialing system (ATDS). You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any products or services.

REFUND POLICY

Our refund policy varies depending on the product or service purchased. Also, each of the product or service sold by us on this Site may have their own refund policy noted on the sales page and / or check-out page. If you have questions about a specific policy, please email us at support@elewaytion.com before you purchase.

If you receive a refund for a Product, you will have no further right to use that Product. We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund. For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Product.

Refund Policy for Online Programs

We provide a range of Self Paced Online Programs in the form of MasterClasses, Audiobooks, Journals and other valuable resources that offers you the opportunity to invest in yourself and your personal development with our materials, our practice, and access to our training sessions.

The term “Online Programs” used in this Agreement refers to the then-current services, course contents and benefits that we may provide to you as part of Self Paced Online Program you purchased. The online programs may include online education and training from members of Team Elewaytion; opportunities to learn from them through virtual events or webinars; access to online groups and communities; exclusive Training Program bonus materials, or other opportunities. You acknowledge, agree, and accept that we may at any time add, remove, amend, or replace any of the services and benefits made available to you as part of the Online Program you purchased, and you agree and accept that such addition, removal, amendment, or replacement will not nullify the legal effect of this Agreement.

You acknowledge, agree, and accept that in addition to this Agreement, we may set specific terms and conditions, standard operating policies and procedures, community participation guidelines and program graduation or completion requirements that would govern the delivery of the Online Program(s) you purchased. Such terms are incorporated into this Agreement by reference, and you agree to be bound and adhered by such terms and conditions to the extent that you wish to receive the Online Program(s) you purchased.

PAYMENT TERMS. You authorize us to process the credit card /debit card or any payment method information you have provided to us, in the amount set forth on the Agreement for the Online Program on the checkout page or direct invoice(s) from our payment system or accounting system.

Should wire transfer payment method be used for remitting the Online Program fee, the transfer must be remitted to us prior to granting access to the Online Program contents.

REFUNDS AND CANCELLATION. By accepting this Agreement, You acknowledge that You have thoroughly and carefully considered the cost and the value of purchasing the Online Program prior to making this commitment to invest.

Due to the nature of our Online Programs and services, which includes downloadable videos, digital contents and documents, tools, streaming videos, online training portal membership and subscriptions, potential virtual events, and students’ community interactions platforms, and other unless otherwise stated,

ALL ONLINE PROGRAMS & ONLINE PRODUCTS FEES PAID ARE NON-REFUNDABLE.

You may request a refund NO LATER THAN 24 HOURS FROM THE DATE OF YOUR PURCHASE in writing via email to submit a Support Ticket to support@elewaytion.com. NO REFUND WILL BE ALLOWED AFTER 24 HOURS.

Online Programs sold with Money Back Guarantee may be eligible for Refund, provided the Program registrant met certain conditions** to exercise the Guarantee. Refund request must be submitted to support@elewaytion.com prior to expiration date of Money Bank Guarantee.

**Conditions for Money Back Guarantee: 1. Program registrant must consume 100% of the Online Program content which will be verified by our content delivery portal. 2. Program registrant who have consumed less than 100% of the Online Program content are considered as incomplete investment and therefore not meeting the Money Back Guarantee conditions. 3. Eligible Money Back Guarantee refund request must be received via email to support@elewaytion.com within 30 calendar days from date of purchase. No Money Back Guarantee would be honored for refund request received after the expiration date. 4. Maximum refund will equal to the same dollar amount paid at the time of Online Program purchase.

**Money Back Guarantee must be specified on sales or checkout page to qualify for refund.**

In the event of default, dispute or delinquent payment, we have the right to terminate Your Online Program access without notice and without liability to You.

NO CANCELLATION of Your registration is allowed after 24 hours from the date of Your purchase. Upon submission of Your cancellation request, You shall not receive any access to the Online Program contents or otherwise receive any Online Program services and benefits. Doing so will render Your cancellation request null and void.

You agree and acknowledge that requesting a refund or cancellation of Your Online Program may waive Your eligibility to enroll in other Online Program offered by us in the future. ALL “Refund” and“Cancellation” requests will only be reviewed by submitting a formal cancellation request in writing via email to submit a Support Ticket to support@elewaytion.com

NO INCOME CLAIMS. You agree that we made No promise, warranty, guarantee, or any other representation with respect to Your future employment opportunity, income or gains resulting from the provision of Online Program and that You have not been induced to enter the Agreement as a result of any income claims.

TERMINATION. We reserve the right to, at its sole discretion, without notice and without liability by us to you to terminate Your Online Program registration, disbanding Your access to community or other students’ social media platform, and course materials with no refund, on any of the following grounds: (a) if You violate the Terms of this Agreement; (b) if You default, dispute or delinquent with Your payment when due; (c) if You cease to be a member in good standing of any other program offered by us; (d) material violation by You of applicable laws; provided that where such violation is of such a nature that it can be cured, such violation shall not constitute cause if it is cured within ten (10) days of You becoming aware of its occurrence; and (e) in breach of Confidentiality or code of Conduct, which in the opinion of us, is detrimental or embarrassing to us.

CONFIDENTIALITY

During the delivery of Online Program, You may have had or shall have access to information and materials (in whatever form and howsoever communicated) that are confidential or proprietary to us or its subsidiaries and affiliates of the Program (together, the “Confidential Information”). Confidential Information includes the provisions of this Agreement and the information relating to our Online Program contents, course materials, product designs and specifications, data, commissions and pricing policies, sales records, business and marketing development plans, other education and Program materials, contact information of other students, customer lists, names of joint venture partners, personal information regarding directors, officers, employees, contractors, instructors, training coaches or consultants, or other work produced or developed by or for us. However, “Confidential Information” excludes information and materials which You can demonstrate by written record: (i) were known by You prior to our disclosure; (ii) properly came into your possession from a third party who was not under any obligation to us to maintain the confidentiality; (iii) had become generally available to the public; or (iv) was developed by You without the use of the Confidential Information.

NON-DISPARAGEMENT

Each Party hereto covenants and agrees that, during the Term and after the termination of this Agreement for any reason whatsoever, it shall not directly or indirectly, and shall use reasonable efforts to ensure that its shareholders, directors, officers, and key employees, agents, attorneys, subsidiaries, affiliates, successors, instructors, training coaches and assigns, as applicable, do not: (a) say, publish, or otherwise transmit any statements, whether oral or written, to any other party whomsoever that may be intended to or that may have the effect of defaming the other party hereto or be of defamatory nature, or that may disparage, call into disrepute, libel, slander or cause injurious falsehood to the other party hereto and, in the case of Elewaytion and their present, former and future shareholders, officers, directors, employees, instructors, training coaches, agents, attorney, affiliates, subsidiaries, successors and assigns; or (b) engage in any conduct or pattern of conduct that involves the making or publishing of written or oral statements or remarks, including, without limitation, the repetition or distribution of rumours, allegations, reports or comments, which are disparaging, deleterious or damaging to the integrity, reputation, business or goodwill of the other party hereto and, in the case of Elewaytion and their present, former and future shareholders, officers, directors, employees, instructors, training coaches, agents, attorney, affiliates, subsidiaries, successors and assigns or any of the present, former and future products and services.

FORCE MAJEURE

Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement neither Party shall be responsible to the other for any delay, damage or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: Any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strike, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment or necessary labor in the open market, acute and unusual labor, material or equipment shortages or any other causes(except financial) beyond the control of either Party.

ARBITRATION

Any claim or grievance of any kind, nature, or description that You have against us shall be resolved exclusively in final and binding arbitration before a single arbitrator selected by us within a reasonable time of you giving notice of arbitration to us. Arbitration shall be held in India. You agree not to file suit against us, any of its successors, assignees, transferees, subsidiaries, parent and associate corporations, affiliates, principals, administrators, officers, directors, board members, agents, employees, contractors, instructors, and training coaches. The dispute will be subject to the rules of arbitration as determined by the Arbitrator. The decision of the Arbitrator will be final and binding on the Parties and may be reduced to a judgment in any court of competent jurisdiction. You agree that each Party shall bear its own costs and attorneys’ fees in any arbitration or litigation, regardless of which Party, if either of them, is deemed the prevailing party. This agreement to arbitrate survives any termination or expiration of the Agreement. Nothing in these Terms and Conditions prevents us from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction or other reflect available to protect our interest prior to, during, or following the filing or any arbitration or other proceeding. Any claim must be brought in arbitration within one (1) year from when the claim arises.

WAIVER OF CLASS ACTION

You understand and agree that You will waive the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. Claims brought against us may not be joined or consolidated with claims brought by anyone else.

GOVERNING LAW & JURISDICTION

These terms shall be governed, construed, and interpreted in accordance with the laws of the India & its jurisdiction without regard to any choice of law provisions. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Services, will be in India and you hereby consent and submit to the exclusive personal jurisdiction and venue in India.

NO ASSIGNMENT

Your Online Program is a one-to-one registration, and is non-transferable and non-sharable with spouse, partners, other members in your family, same household, and any other related parties. The Agreement cannot be assigned by You to another Party.

We reserve the right to amend this Agreement, including the Online Program benefits, at any time without your prior consent. Any amendment to this Agreement or the Training Program benefits, from time to time, shall be effective as of the earlier of the date of posting of the amendment on our website elewaytion.com or upon the delivery of actual notice to you.

MISCELLANEOUS

Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.

CONTACT US

We welcome your suggestions for ways we can improve the Services, Materials or our Digital Properties. Please feel free to submit comments and feedback by emailing us at support@elewaytion.com

Last Updated as of: November 21, 2022