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Terms And Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the training.elohi.us website (“Website”), and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Kilbryde Sharpe LLC DBA Elohi Strategic Advisors (““Elohi”, “ESA”, “we”, “us” or “our”). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. You acknowledge that this Agreement is a contract between you and Elohi, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

REFUND POLICY. All purchases made through the Website are final. Since the Service offers non-tangible, irrevocable goods we do not provide refunds after the product is purchased, which you hereby acknowledge prior to purchasing any product on the Services. Please make sure that you’ve carefully read the service description before making a purchase.

PROPRIETARY RIGHTS. As between you and Elohi, we own or hold a license to use, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the Website, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any content, software, code, data or materials you may access on the Website.

WITHDRAWAL OF CONSENT. To withdraw the consent you are providing herein, you must cease using the Website and, if applicable, terminate your account or otherwise notify us in writing that you have withdrawn your consent. Consent cannot be withdrawn retroactively. Users under the age of eighteen (18) must (a) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms and Conditions, and (b) not access the Website or the App and uninstall any application if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.

LIMITED LICENSE. You may access and view the content on the Website on your mobile device, computer or other internet compatible device for your use only. You are not permitted to resell or otherwise duplicate any of the content on the Website. You are not permitted to take screenshots or otherwise duplicate or memorize screen images, displays or data. We grant you a limited, non-assignable, non-transferable, revocable license to use the information on the Website and/or the App such materials solely to utilize such products or services. Such license will terminate when you no longer use the products or Services or if you terminate your acceptance of these Terms and Conditions for any reason. The Website and the products and Services offered on or through the Website, including any content and materials on the Website, are only for your use only. We reserve the right to change or make corrections to the operation of, or any information available on, the Website at any time and without prior notice. You are not permitted to reverse engineer any code associated with the Website. You are not permitted to create any software, application or device designed for the purpose of obtaining data from the Website, or engaging in any web scraping, web crawling, web harvesting, or web data extraction from the Website.

TRADEMARKS. Trademarks, logos, service marks and trade names (collectively the “Trademarks”) that are ours or Trademarks of any third party displayed on the Website or on content available through the Website may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s products and services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

COPYRIGHT. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide the following information in writing to our main address at the bottom of this document: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable us to find the alleged infringing material); (iv) your address, telephone number and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE WEBSITE, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST INCOME, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE IN THE TWELVE (12) MONTH PERIOD PRECEDING YOUR CLAIM.

APPLICABLE LAWS AND ARBITRATION. We control and operate the Website from our offices in the United States of America. We do not represent that the materials on the Website are appropriate for use in other locations. Persons who choose to access the 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. All parties to these terms and conditions waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and Conditions (including any alleged breach thereof) or the Website will be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. The laws of the State of Illinois will govern these Terms and Conditions, as well as any claim that might arise between you and us, without regard to any conflict of law provisions. By using the Website, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Illinois, United States of America. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms and Conditions, and any dispute between you and us, will be governed by the laws of the State of Illinois without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Federal Arbitration Act. You agree that the state or Federal courts located in the State of Illinois, County of Kane, have jurisdiction over any matter related to Elohi and that those courts are the proper venue for any dispute relating to these Terms and Conditions.

TERMINATION. We may terminate, change, suspend or discontinue any aspect of the Website or their products or services at any time. We may restrict, suspend or terminate your access to the Website and/or its products or Services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.

MISCELLANEOUS. These Terms and Conditions comprise the entire agreement between you and us concerning the subject matter of these Terms and Conditions. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. We may assign these Terms and Conditions to any person or entity without your consent. You may not assign these Terms and Conditions without our prior written consent. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Any provisions of these Terms and Conditions which would be expected to survive the termination or expiration of your relationship with us will so survive.

CONTACT. If you would like to contact us concerning any matter relating to this Refund Policy, you may send an email to info@elohi.us or write a letter to 847 South Randall Road, Suite 307, Elgin, Illinois 60123, USA.