Words You Need to Understand
“Agreement” or “contract” means all of: the documents which you and the Company have signed and the Credit Card Authorization Form you have signed.
“Client” or “you” means any purchaser, client and/or user of any of our Programs, Products and Services, or Program Materials.
“Company”, “we”, “us” or “me” means LFTFIELD Inc. o/a 40ELEPHANTS.
“Products and Services” mean any paid product or service, including but not limited to a t-shirt, tote bag, hoodie, or other product where we provide goods for sale that are not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money. Products, and Services may be delivered in ways including but not limited to in-person, phone, Zoom, Skype, webinars, Facebook Live Videos, teleseminars, videos, audios, books, e-books, products, social media, blog articles, or otherwise in a variety of settings such as individual coaching sessions, individual consulting sessions, group programs including but not limited to masterminds, classes, workshops, events, retreats, seminars, or trainings.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Products or any other information accessed or purchased through our Products and Services for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
How You May Use Our Programs, Products and Services and Program Materials
Intellectual Property Rights
Our Limited License to You.
Our Products and Services are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Products and Services, in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgement in using our Products and Services, and you agree that you are doing so at your own risk.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Products and Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any theft, loss or damage to said products and services.
We make no warranties as to our Products and Services. You agree that our Products and Services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant IN LAW AND IN EQUITY, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Products and Services will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Product or Services, or Copy or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
We try to ensure that the availability and delivery of our Products and Services is uninterrupted and error-free, including our content and communications through methods like our website, instagram, Facebook page, email communications, or any other materials provided by us to you.
We do not accept returns unless your product is damaged or defective.
We have partnered with a leader in the Direct-to-Garment printing industry to help produce our products on-demand, and dropship them to you when they are ordered.
If you’re truly unhappy, with your purchase please do get in touch with us at firstname.lastname@example.org and we’ll do our best to find a solution.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Products and Services. These links are provided for your convenience and the inclusion of any link in our Products and Services to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be linked to in our Products and Services. We have no control over the contents or functionality at those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.
If you have a question or concern about the products you have purchased via our website, you may contact us by email at the email address provided on our contact page of our website and we will do our best to reply to your question or concern.
Authorization and Permission.
If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Products and Services, without any additional authorization, for which you will receive an electronic receipt. Should you be provided with an invoice, you are required to manually pay it by the date due on the invoice, or your Products and Services will be put on hold and suspended until payment is made.
You agree to only purchase our Products and Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products and Services and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
We do not offer refunds, and all sales are final. In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies or any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Sharing Information with Payment Processing Company.
All information obtained during your purchase or transaction for our Products and Services, and all information that you give us is part of the transaction such as your name, address, method of payment, credit card number, and billing information, may be collected both by us and our payment processing company.
Payment processing companies and merchants may have privacy and data collection practices and policies that are different from ours, we have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Products and Services, you may be subject to the additional terms and conditions of the payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and any terms and conditions that may apply, visit that merchant’s website or contact the merchant directly.
You release us, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them arising from your purchase or use of our Products and Services.
Your satisfaction with your Products and Services is important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Products and Services, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Products and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Products and Services, you understand and agree that all sales are final upon accepting our Terms & Conditions, and that our fee is fully payable at that time, and no refunds will be provided.
CONFIDENTIALITY AND PRIVACY
It is hoped that should we ever have any differences, we will be able to work them out amicably through email correspondence and telephone conference calls. However, should we be unable to seek resolution within a reasonable time as determined in our sole discretion, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in the province of Ontario, Canada, selected jointly by us. Before seeking arbitration, you must contact us in writing, and include all of your reasons for dissatisfaction with your program, Products and Services. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No other actions or financial awards of consequential damages, punitive or aggravated damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction in Ontario, Canada.
By purchasing our Products and Services, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within three (3) months of the date of your email referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action against us.
You also agree that should arbitration take place, it will be held in the City of Toronto, in the Province of Ontario, Canada, as this is where our business is located, and you further agree that the we shall not be be responsible for any or all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator no matter the outcome.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or any of our Products and Services.. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.