Please read carefully, as this pertains to the Agreement of your registration with any of the products sold by ELEVATE 88 LLC.
By purchasing or enrolling in and offer ("Program"), you ("Client") agree to the following terms and conditions. Enrollment in the Program constitutes a legally binding electronic signature and acceptance of this Agreement.
NO REFUND POLICY:
All sales are final. Company maintains a strict no refund policy. Client acknowledges and agrees that no refunds, credits, or chargebacks will be issued for any reason, including but not limited to lack of participation, dissatisfaction, scheduling conflicts, or failure to achieve desired results.
Client remains fully responsible for payment of the total contracted amount for the selected term, regardless of participation level.
PROGRAM:
Company agrees to provide access to the Program as described above. Client understands that the Program is delivered in a group-based digital format and that access, structure, content, and delivery methods may evolve at Company's discretion.
Client understands that this program does not include unlimited or individualized 1:1 coaching access.
DISCLAIMER:
Company provides educational and informational services only. Company is not acting as a licensed medical, legal, financial, therapist, or accounting professional. Client understands that participation in the Program does not constitute medical, legal, financial, or psychological advice.
Company makes no guarantees regarding specific results, income, revenue, business growth, or personal outcomes. Client assumes full responsibility for their decisions, actions, and results.
METHODS OF PAYMENT:
Company accepts payment via credit card or other approved electronic methods. By selecting a payment plan, Client authorizes recurring charges to their selected payment method for the duration of the agreed term.
PAYMENT OBLIGATION:
Client agrees not to initiate any chargeback, payment dispute, or reversal with their financial institution. Initiating a chargeback in violation of this Agreement constitutes a material breach of contract.
In the event of a chargeback attempt, Client remains responsible for full payment of the contracted amount, including any associated fees, collection costs, or legal expenses incurred by Company.
Company reserves the right to suspend or revoke access to the Program in the event of failed, late, or declined payments until such payments are resolved.
SMS TERMS & CONDITIONS:
By providing your mobile phone number and opting in through our forms, you agree to receive SMS text messages from ELEVATE 88 LLC ("Company").
Types of Messages: You may receive messages related to event reminders, program updates, promotional offers, and general marketing communications from Company.
Message Frequency: Message frequency varies and may include multiple messages per week depending on your engagement with our programs and offers.
Message and Data Rates: Message and data rates may apply. Charges depend on your mobile carrier and plan.
Consent: Consent to receive marketing text messages is not a condition of purchasing any goods or services. By opting in, you provide your prior express written consent to receive automated marketing text messages from Company at the phone number provided.
Age Restriction: This SMS program is intended for individuals 18 years of age or older. By opting in, you confirm that you are at least 18 years old.
Opt-Out Instructions: You may opt out of receiving SMS messages at any time by replying STOP to any message you receive from us at +1 (213) 753-6512. After you send 'STOP,' we will send you a confirmation message, and you will no longer receive SMS messages from us.
You may also contact us at contact@thetanyajane.com to request removal from our SMS list.
Re-Subscribing: If you wish to resume receiving messages after opting out, you may re-subscribe by opting in again through our website forms.
Privacy Policy: If you have any questions regarding privacy, please read our Privacy Policy at thetanyajane.com/privacypolicy
Help Instructions: If you experience any issues with our messaging program, reply HELP for assistance, or contact us directly at contact@thetanyajane.com.
Carrier Liability Disclaimer: Company is not liable for any delays, failures in delivery, or other issues related to the transmission or receipt of text messages. Delivery of text messages is subject to effective transmission by your mobile carrier and is not guaranteed by Company.
Prohibited Content: Our SMS messages will never contain phishing attempts, smishing, or social engineering content designed to manipulate you into sharing private information. All content complies with applicable federal and state laws and will not contain SHAFT content (sex, hate, alcohol, firearms, or tobacco) that violates federal or state regulations.
CONFIDENTIALITY:
Client agrees to maintain the confidentiality of all non-public information shared within the Program by Company or other participants. Confidential information may not be disclosed, reproduced, distributed, or used for any purpose outside of participation in the Program.
Company makes reasonable efforts to maintain confidentiality within the community; however, Client acknowledges that group-based environments cannot guarantee confidentiality of information shared by other participants.
Company reserves the right to seek injunctive relief for any breach of this section.
LIMITATION OF LIABILITY:
Client agrees that participation in the Program is at their own risk. To the fullest extent permitted by law, Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from participation in the Program.
Company's total liability for any claim arising out of this Agreement shall not exceed the total amount paid by Client to Company under this Agreement.
LIMITATION ON CLAIMS:
Client agrees that any claim arising out of or relating to this Agreement must be brought within one (1) year from the date the claim first arose or is deemed to have arisen, and any claim not brought within that time shall be permanently barred.
NON-DISPARAGEMENT:
The Parties agree not to knowingly make false, defamatory, or malicious statements about one another in connection with the Program.
INDEMNIFICATION:
Client agrees to indemnify and hold harmless Company and its affiliates from any claims, damages, liabilities, or expenses arising out of Client's participation in the Program or breach of this Agreement.
NO TRANSFER OF INTELLECTUAL PROPERTY:
All Program materials are protected by copyright and other intellectual property laws. Client is granted a limited, non-transferable, non-exclusive license for personal use only. Client may not reproduce, distribute, sell, share, or create derivative works from Program materials without written consent.
Company reserves the right to seek injunctive relief for any violation of this section.
TESTIMONIALS & MEDIA RELEASE:
Client grants Company the irrevocable right and permission to use Client's written statements, testimonials, social media posts, comments, results, and/or recordings related to participation in the Program for promotional, marketing, educational, and business purposes.
This includes, but is not limited to, use on websites, social media platforms, email marketing, advertisements, and other promotional materials.
Client understands that no compensation will be provided for such use. Client may request anonymity in writing, and Company will make reasonable efforts to honor such request.
INDEPENDENT CONTRACTOR STATUS:
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
FORCE MAJEURE:
Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, government action, labor disputes, internet or platform outages, or other events that make performance commercially impracticable or impossible. Performance shall be suspended for the duration of such event.
SEVERABILITY/WAIVER:
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
ASSIGNMENT:
Client may not assign, transfer, or delegate any rights or obligations under this Agreement without the prior written consent of Company.
MODIFICATION:
Company reserves the right to modify this Agreement at any time. Updated terms will be posted on the Program's website and will apply prospectively. Continued participation in the Program constitutes acceptance of any updated terms.
TERMINATION:
Company may, at its sole discretion, terminate or suspend Client's participation in the Program for violation of this Agreement, disruptive conduct, or behavior that negatively impacts the Program community. No refund will be issued, and Client remains responsible for payment of the total contracted amount.
DISPUTE RESOLUTION:
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles.
In the event of any dispute arising out of or relating to this Agreement, the Parties agree to first attempt to resolve the matter through good faith mediation.
If the dispute is not resolved through mediation, it shall be resolved by binding arbitration in Los Angeles County, California, in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed upon arbitration provider. The arbitrator's decision shall be final and binding.
Client agrees to waive any right to participate in a class action lawsuit or class-wide arbitration against Company.
EQUITABLE RELIEF:
Notwithstanding the Dispute Resolution provisions above, Company may seek injunctive or equitable relief in any court of competent jurisdiction to prevent or address unauthorized use, disclosure, or infringement of its intellectual property or confidential information.
NOTICES:
All notices required under this Agreement shall be provided in writing and may be delivered via email to the address provided by the Client at enrollment. Notices to Company shall be sent to contact@thetanyajane.com. Notice shall be deemed effective upon receipt.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, or agreements relating to its subject matter.