Terms and Conditions
ElstonSpeaks.com provided by Elston Speaks Worldwide, LLC
BY VISITING THIS WEBSITE, YOU ARE AGREEING TO BE LEGALLY BOUND TO THESE TERMS AND CONDITIONS OF WEBSITE USE. PERSONS UNDER THE AGE OF 18 ARE PROHIBITED FROM USING THIS WEBSITE OR OUR SERVICES.
You are acknowledging reading and agreeing to these Terms and Conditions, without modification by virtue of using ElstonSpeaks.com. The terms “we,” “us,” and “our” refers to Elston Speaks Worldwide, LLC, (“Elston Speaks Worldwide”) which owns and operates this website, ElstonSpeaks.com. The term “Site” refers to our website, ElstonSpeaks.com. The term “user,” “you,” and “your,” refers to all visitors and users of the Site. The term “Service” refers to all content and products provided through the Site.
Site Use and Service Offerings
By using any Service, including all information and materials, or sending us any personal or business-related information, you are subject to these Terms and Conditions, effective as of the first date of such use.
The content and materials on this Site are provided as a service to allow you to learn more about our company, our professional team, specific services, and products as well as general information about personal development, mentorship, coaching, mindset, workshops, education, personal enrichment tools and resources. We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so.
Materials, information, or products provided via the Site are not indicative of guarantee of any particular result. Past results of other users of our Service, do not guarantee future results.
Description of Services
It is our goal and intention to describe, define and display Service offerings as accurately as possible. While we try to be as clear as possible in explaining Services, do not expect that the Site is entirely current, or error-free. From time to time, we may correct errors in pricing and descriptions.
Assumption of Risk
The materials and services presented on this Site, or receipt of any email or other electronic communication sent by this Site or a Elston Speaks Worldwide, LLC representative, do not constitute counseling, mental health, or medical advice; and is not intended to be acted upon as such. Prior to making any changes in your current counseling, mental health therapy, you accept that it is your sole responsibility to consult with a physician or professional counselor. Elston Speaks Worldwide, LLC is not legally or financially responsible for any personal therapy, professional counseling, or mental health conditions arising from your choice to utilize our information, products, or services. Any visitor or user of this Site and Services understands they are independently assuming all foreseeable and unforeseeable risks associated with our services and thereby release us from any liability.
Elston Speaks Worldwide exercises good faith efforts to ensure the protection and confidentiality of information provided through the Site and/or email. However, you accept that the confidentiality of Personal Information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution with any Personal Information over the Internet.
Material You Submit to the Site
You should not upload, post, or otherwise make available on the Site or transmit via email any artwork, photos, content, or other materials (the “Materials”) of a third party that may be protected by copyright, trademark, or other proprietary right, unless you obtain the express written permission of the owner of the work. The burden of determining whether the use of any such materials may constitute Intellectual Property infringement rests entirely with you. You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a post or submission. You hereby warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights to Your Materials
We do not claim rights, copyright, trademark, or any other rights you legally hold to Materials you post or submit to the Site. Notwithstanding the foregoing, you grant Elston Speaks Worldwide a worldwide, nonexclusive, irrevocable license to display the Materials you submit to us through use of the Site for our business development and marketing purposes only. By visiting the site, you agree to hold Elston Speaks Worldwide harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
We use session cookies to ensure your computer properly displays the ElstonSpeaks.com website properly. You may choose to accept or decline cookies by using your web browser settings. If you elect not to accept cookies, it is likely you will not be able to take full advantage of all the features or services provided by the Site.
Links and Email Addresses
Links posted on our Site are provided only as a convenience to users. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Further, provision of third-party links to websites or resources do not imply any endorsement by or affiliation with Elston Speaks Worldwide. You acknowledge and assume all risk arising from your use of any such websites or resources.
Spamming activities and the unsolicited broadcasts of email addresses or links in this Site is prohibited.
You agree to use the Site and service offerings only for legitimate, non-commercial purposes only. You agree to not use the Site to post or transmit any material in violation of or that infringes upon rights of others. You may not post or transmit anything considered threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, containing injurious formulas or instructions, encourage conduct constituting a criminal offense, give rise to civil liability or violate the law.
No Warranty Disclaimer
The information presented on the Site is provided “as is” and “as available,” without representation or warranty of any kind. Elston Speaks Worldwide will exercise its best professional efforts in providing accurate information. However, Elston Speaks Worldwide does not represent or warrant that such information is always current or error-free. Any representation or warranty that might be otherwise implied is expressly disclaimed.
Modification of Terms and Conditions
Elston Speaks Worldwide reserves the right to update or change the terms, conditions, notices of use, service offerings and the Elston Speaks Worldwide website itself. We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon posting the new Terms and Conditions on this Site. Any use of the Site or Service by you means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances will we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Elston Speaks Worldwide is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Elston Speaks Worldwide has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest extent permitted by law. In no event will Elston Speaks Worldwide’s cumulative liability to you exceed the total purchase price of the particular Service you purchased from Elston Speaks Worldwide, and if no purchase has been made by you, then Elston Speaks Worldwide’s cumulative liability to you may not exceed $100.00.
You agree to indemnify and hold us harmless from and against any, and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of these Terms and Conditions, or by your use of the Site or Service. You agree to provide us with reasonable assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with information, documents, records, and communications with you, as we deem necessary. You may not settle any third party claim or waive any defense without our prior written consent.
Our Intellectual Property
The Site and Service contain Intellectual Property owned by Elston Speaks Worldwide including, without limitation, our logo, all designs, text, graphics, pictures, other files, and the selection and arrangement thereof, (also termed the “look and feel”) trademarks, trade dress, copyrights, proprietary information, and other Intellectual Property.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you violate this Intellectual Property policy.
This Agreement constitutes the entire agreement between you and Elston Speaks Worldwide pertaining to its Site use and Service. This Agreement supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service.
No waiver of any of the provisions of this Agreement by Elston Speaks Worldwide will be deemed, or constitute, a waiver of any other provision. Nor will any waiver constitute a continuing waiver of the provision. No waiver will be binding unless executed in writing by us.
The parties agree to resolve any dispute, claim or controversy arising out of or relating to this Agreement by binding mediation and/or arbitration, as opposed to filing a complaint for a court proceeding, unless the basis of dispute is criminal in nature. The aggrieved party will notify the other party of its claim in writing. Thereafter, the parties agree to exert good faith efforts to resolve the matter by initiating mediation within thirty (30) days of notice of the dispute, provided that the parties do not resolve the matter amongst themselves first. If the resolution is not achieved by mediation, each party will select one (1) arbitrator and both arbitrators shall select a third (3rd) for an objective and legally binding determination of the dispute. The prevailing party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs, and fees associated with the process. The exclusive venue for any mediation or arbitration proceeding arising out of this Agreement will be Fulton County, Georgia.
If any term, provision, covenant, or condition of this Agreement is held to be invalid, void, or unenforceable, pursuant to the laws of the state of Georgia, the rest of the Agreement shall remain in full force and effect and in no way be affected or invalidated.
These Terms and Conditions are not assignable or otherwise transferable by you, except upon written approval by Elston Speaks Worldwide.
All notices, requests, demands, and other communications under this Agreement should be in writing and addressed to:
Elston Speaks Worldwide, LLC
Thank you for visiting our Site. If you have any questions about these Terms and Conditions, please contact us at: info@ElstonSpeaks.com