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.
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
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 email@example.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 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 firstname.lastname@example.org 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.
You may terminate your Account at any time by sending an e-mail to email@example.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.
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.