Terms & Conditions
ALL SALES ARE FINAL
DISCLOSURE AND ACKNOWLEDGMENT
This is a legally binding Agreement between the undersigned (“you,” “your” and “yours”) who accepts these Terms and Conditions and Elite Legacy Education, Inc. (“Company,” “us,” “we,” “our,” or “ours”). This document shall govern your purchase. The term “us,” “we,” “our,” or “ours” as used in the Terms and Conditions includes the Company, and its assigns, and the term “you” means the customer accepting these Terms and Conditions as well as those in privity with you, such as your guest, family members or beneficiaries.
Read these Terms and Conditions in their entirety before accepting them- please note these terms and conditions are divided into two sections: General and Product Specific. Both sections contain provisions which are applicable to your purchase. THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION ENTITLED CHOICE OF LAW/DISPUTE RESOLUTION.
I. GENERAL TERMS AND CONDITIONS
FINANCIAL INVESTING INVOLVES RISKS
INVESTING CAN HAVE LARGE POTENTIAL REWARDS BUT CAN ALSO HAVE LARGE POTENTIAL RISKS. YOU MUST BE AWARE OF THE RISKS AND BE WILLING TO ACCEPT THEM IN ORDER TO INVEST IN REAL ESTATE OR FINANCIAL INSTRUMENTS, INCLUDING STOCKS, OPTIONS, AND FUTURES. NEITHER THIS AGREEMENT, THIS STATEMENT OF RIGHTS AND RESPONSIBILITIES, NOR THE PRODUCTS AND SERVICES OFFERED CONSTITUTE A SOLICITATION OR AN OFFER TO BUY OR SELL STOCKS, OPTIONS, OR ANY OTHER SECURITY. ALL STOCK AND OPTIONS TRADING MAY NOT BE SUITABLE FOR ALL INVESTORS. YOU MUST RECEIVE A COPY OF THE PUBLICATION. CHARACTERISTICS AND RISKS OF STANDARDIZED OPTIONS (ODD) PRIOR TO BUYING OR SELLING ON OPTION. COPIES OF THE ODD ARE AVAILABLE FROM ANY BROKER, AT http://cboe.com/Resources/Intro.aspx, OR FROM THE OPTIONS CLEARING CORPORATION, ONE NORTH WACKER DRIVE, SUITE 500, CHICAGO, ILLINOIS 60606.
YOU ACKNOWLEDGE AND AGREE (i) THAT NO REPRESENTATIONS OR STATEMENTS OF ACTUAL, TYPICAL, AVERAGE, PROJECTED OR FORECASTED RESULTS, SALES, PROFITS OR EARNINGS HAVE BEEN MADE WITH RESPECT TO THE TRAINING CONTEMPLATED BY THE AGREEMENT OR THIS STATEMENT OF RIGHTS AND RESPONSIBILITIES, (ii) THAT THE TECHNIQUES AND METHODS TAUGHT INVOLVE RISKS THAT MAY EVOLVE AND CHANGE OVER TIME AND THAT YOUR SUCCESS IS LARGELY DEPENDENT UPON YOUR ABILITIES AND EFFORTS.
YOU FURTHER UNDERSTAND AND AGREE THAT WE ARE NOT ENGAGED IN RENDERING LEGAL, TAX, FINANCIAL, ACCOUNTING, OR OTHER PROFESSIONAL OPINIONS OR ADVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
You may not sell, assign, or otherwise transfer any of your rights under the Agreement, including, but not limited to, you’re right to attend any of the training courses you have purchased under the Agreement, without our express prior written consent in each instance, which consent we may withhold or condition at our sole discretion. Any attempt by you to sell, assign, or otherwise transfer your rights to attend the training courses without our express prior written consent shall be void. You understand that even though we might consent to such a sale, assignment or transfer by you, such consent does not in any way eliminate or reduce your contractual obligations to us. In no event will we be required to provide any services to your transferee, except as necessary to allow a permitted transferee to schedule his/her attendance at a course. Your transferee may not (i) exercise the right to receive a refund under the Limited Student Satisfaction Commitment described elsewhere or (ii) attend a refresher course for training courses already taken by you. If you wish to request our consent to transfer of your right to attend any Elite Training Courses to include Mentorship, you must contact us to obtain and complete a Transfer of Ownership form. You may not, under any circumstances, sell, assign, transfer, or permit the use of, any written course materials, including DVDs, to or by any third party except as part of transfer of a training course consented to by us in writing.
THIRD PARTY SOFTWARE, SUBSCRIPTION SERVICES AND MATERIALS AND COMPANY PROVIDED MATERIALS
- All software and third party materials are provided subject to applicable End User License Agreement (“EULA”) between you and the software licensor, which is provided with the software, or applicable terms and conditions between you and the provider of any third party These Terms and Conditions shall not be construed as granting any right or license in the software or third party materials, express or implied. Such software and/or materials are being provided AS IS and without any implied warranties such as merchantability or fitness for a particular purpose. Please review the full terms of the EULA and/or any applicable terms and conditions before using any software program or third party materials. We reserve the right to change software providers with reasonable notice to you. Fees may vary between software providers.
- All books, DVDs, CD-Roms, training manuals, and other electronic and printed materials are protected by United States copyright laws and international treaty
- We do not guarantee that software will be free from errors, either in isolation or in combination with
- We hereby grant you a non-exclusive, non-transferable license to use any manuals and materials owned by or licensed to us and provided as part these Terms and You may not sell, transfer, copy, donate or otherwise distribute such Company materials to third parties or use these materials for commercial purposes.
WE ARE NOT RESPONSIBLE FOR CLAIMS BY THIRD PARTIES
You may be exposed at our teleconferences, conferences, coaching sessions, stock success, trading lab or other sessions, courses and /or trainings, products or services, including investments offered by independent third parties who are not affiliated with us. We do not endorse any such non-Company ventures, services, or products and expressly disclaim any and all liability for any warranties, including implied warranties, or other promises or representations made by third-party providers. You are not entitled to rely on any statements made by a third party that purport to assert our sponsorship, approval or endorsement of that third party or of opportunities offered by that third party. Your decision to participate in offerings made by an independent third party is solely between you and such third party and is made at your own risk. You hereby expressly agree to release and hold us, our parent entity, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensees, successors, and assigns harmless with respect to any claims, actions, causes of action, damages, expenses, court costs, attorney fees, liability damage or judgment resulting from your participation in such third-party offerings. You further acknowledge and agree that you are not and will not rely on statements about us or our offerings that are made by any party that are contrary to the statements made by us in these Terms and Conditions.
LIMITATION OF OUR LIABILITY TO YOU
ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE PRICE PAID BY YOU FOR THE PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF A DISPUTE OR CONTROVERSY. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. THE TERMS “COMPANY,” “WE,” “US,” “OUR,” OR “OURS” AS USED ONLY IN THIS PARAGRAPH SHALL INCLUDE OUR PARENT ENTITY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSEES, SUCCESSORS AND ASSIGNS.
CHOICE OF LAW/DISPUTE RESOLUTION
These Terms and Conditions shall be deemed to have been made in the State of Florida and construed under the laws of Florida. The parties agree that any and all Disputes (as defined below) shall be resolved exclusively and finally by binding arbitration under the Federal Arbitration Act and that this arbitration agreement is made in connection with a transaction involving interstate commerce. Any arbitration is to be administered by the American Arbitration Association (“AAA”) and such arbitration shall be conducted under AAA rules, except as otherwise provided below. If the AAA ceases operations, refuses to arbitrate any Disputes or is in any way otherwise unavailable, the parties agree that any and all Disputes shall still be resolved exclusively and finally by binding arbitration administered by another binding arbitration forum. All determinations as to the scope, enforceability, and effect of this Dispute Resolution section shall be decided by the arbitrator and not by a court. The arbitration shall be held by submission of documents, by telephone, or online, or where one of us specifically requests and the arbitrator agrees with such request, in person at a mutually convenient forum for the parties. The arbitration will be conducted before a single arbitrator selected with input from both you and us, and will be limited solely to the Dispute between you and us. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class-action basis. The arbitrator’s decision shall be set forth in writing and shall set forth the essential findings and conclusions upon which the decision is based. Any decision rendered in such arbitration proceedings shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. The parties agree that the maximum award that the arbitrator can award in this binding arbitration shall not exceed the amount paid by you to us under the Agreement plus the fees and costs provided for in this paragraph. No party shall be entitled to recovery for any indirect and/or consequential damages, including any incidental expenses associated with attending an in-person live training or in connection with arbitrating a claim hereunder. The arbitrator shall have no authority or power to modify or alter any term or condition of the Agreement or these Terms and Conditions or to render any award that by its terms has the effect of altering or modifying any express term or condition of the Agreement or these Terms and Conditions. The parties further agree that all proceedings and documents prepared in connection with any Dispute shall be confidential and, unless otherwise required by law or legal process, the subject matter of the same shall not be disclosed to any person other than the parties to the proceedings, their counsel, witnesses and experts, and the arbitrator. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims before a jury and on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) the Agreement or these Terms and Conditions, their interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from us, or (iii) any other dispute arising out of or relating to the relationship between you and us. The terms “Company,” “we,” “us,” “our,” or “ours” as used in this paragraph shall include our parent entity, subsidiaries, affiliates, officers, directors, shareholders, members, employees, agents, licensors, licensees, contractors, successors, and assign. Information concerning arbitration rules, process and procedures, including fees and deposit information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879 or writing to American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019.
- You hereby acknowledge that you are purchasing a license to attend and access training and/or materials You are not purchasing a franchise, security, dealership, business, business opportunity, affiliation, association, or seller-assisted marketing plan. No additional support, training, or act on our part is expressly promised or implied, except as appears in these Terms and Conditions. You agree to hold us and our representatives harmless from any and all liabilities, demands, claims, actions or suits that may be asserted against you by third parties by reason of your use of any information presented in our teleconferences, conferences, coaching sessions, stock success, trading lab or other sessions, courses and /or trainings or products or services.
- All taping, copying, recording, distribution, reproduction, transmitting and/or reselling of any portion in part or in whole of the teleconferences, conferences, coaching sessions, success teams, mentoring, trading lab or other sessions, courses and /or trainings or products or services or other materials and/or brochures is prohibited without our prior written This prohibition may not apply with respect to the fulfillment of third party products and services sold by us where the provider of such services permits such reproduction.
- We retain the right to refuse admittance at any teleconferences, conferences, coaching sessions, success teams, mentoring, trading lab or other sessions, courses and /or trainings to any customer who is disruptive to the normal flow of Disruptions may include, but are not limited to disturbances, harassing behavior, or soliciting other attendees. If denied admittance, you agree to accept our home study course and training materials or, in the case of teleconference, trading lab, stock success team products and/or services, a transcript of the session missed by you, or where such transcript is not available, or in the case of coaching products, a comparable session with our hot line representatives as the complete fulfillment of the terms herein.
- Force Majeure: We are not responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to, acts of God, war, riot, embargoes, civil or military acts, terrorism, fire, flood, earthquakes, hurricanes, tropical storms, tornadoes, other natural disasters, strikes, transportation shortages, fuel shortages, energy shortages, labor shortages, material shortages, telecommunications failures, hacking, SPAM, computer failure, server failure, or other failure for so long as such event continues to delay our If any force majeure event occurs, we will use commercially reasonable efforts to minimize the impact of the event.
- The educational training program provided hereunder is not designed or intended to qualify you for employment. Our curriculum is avocational in nature and is intended for the purpose of the accumulation of wealth by, and the personal enrichment, development and enjoyment of, our customers.
- If any provision in these Terms and Conditions are found to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
- The Terms and Conditions supersede any and all other agreements, either oral or in writing between you and us with respect to your purchase of products and services, and contain all of the covenants and agreements which pertain to such You hereby acknowledge that no representations, inducements, promises, or agreements, orally or otherwise, have been made by us, or anyone acting on behalf of us, which are not embodied herein, and that no other agreement, statement, or promise not contained in these Terms and Conditions shall be valid or binding on us, except for any other written agreement dated concurrent with or after these Terms and Conditions which supersede the terms herein.
Only the person accepting these Terms and Conditions may contact us with questions regarding these Terms and Conditions, including but not limited to billing inquiries, questions about study materials, Reference Library, status of shipment, scheduling, or any other grievances you may have.
Please direct your inquiries as follows:
Elite Legacy Education Customer Service Department located at 1612 E. Cape Coral Parkway, Cape Coral, FL 33904 or by telephone at 1-800-570-2050. Business hours of operation are Monday through Thursday 9:00AM to 9:00PM, Fridays 9:00AM to 7:00PM (Eastern Standard Time).
For inquiries or special arrangements as authorized by the American Disabilities Act of 1990 (“ADA”), please contact 1-800-570-2050 Monday through Thursday 9:00AM to 9:00PM and Fridays 9:00AM to 7:00PM (Eastern Standard Time) at least two (2) weeks prior to your scheduled attendance. Please note that any customer who invokes reasonable accommodations under the ADA will be responsible for fees incurred should such customer fail to attend the training course or cancel within three (3) days.
II. PRODUCT SPECIFIC TERMS AND CONDITIONS
The following contains terms and conditions which may be applicable to the product you have purchased. Please review the applicable section for appropriate terms and conditions that govern your purchase.
A. ELITE TRAINING COURSES
Expiration Term of Agreement: You have twelve (12) months from the date of your purchase to fulfill your Elite training course for all delivery formats to include On-Demand Trainings. Please see item 2 under Delivery of Elite Training below in this sub section A for complete information on the required time frames to complete your Elite training courses.
Refresher Courses: During the term of this Agreement, you may attend any Live Onsite Elite training course a second time as a refresher course in any medium or format offered by the Company. The foregoing does not apply to On-Demand only training courses. For On-Demand only training courses, you may access the training any time and as often as you like during the twelve (12) month term.
Cancellation Fees: In the event you cancel any Live On-site Elite training course including any refresher course, with less than ten (10) days notice to us, we reserve the right to charge you a five hundred dollar ($500.00) cancellation fee, except where we are prohibited from doing so by local law. If you require reasonable accommodations under the ADA you will be responsible for any fees and expenses incurred by us in making such accommodations if you fail to give us written notice that you cannot attend at least ten (10) days before the day of the course.
Delivery of Elite Training:
Attendance at all trainings using the Internet-based format requires that you have a personal computer with high speed Internet access.
2. Your right to fulfill all attendance at Elite training courses purchased expires twelve (12) months from the date of your purchase, Please note these time frames are the total time frame you have to complete both your initial and refresher trainings. These time frames apply to all media and format, including access to On-Demand Trainings.
3. Where you purchase On-Demand Trainings only, your right to access such On-Demand Training courses expires twelve (12) months from the date of purchase.
Changes: Dates, locations and trainers for Live On-site Trainings may be subject to change. Attendance at a Live On-site Training course may require you to travel significant distance at your own cost and expense. For a most current listing of locations of scheduled Live On-site Trainings, please refer to our website at http://myeliteportal.com/TrainingSchedule.aspx. We strongly recommend against you making non-refundable travel arrangements prior to receiving written confirmation of your scheduled attendance at an Elite training course. Prior to attending any Elite training course, you should contact 1-800-570-2050 to confirm the training date and location. In the event of any change made by us in date and/or location, you have the right to reschedule your attendance to any other then scheduled comparable training of your choice. If you reschedule an Elite training course pursuant to this section, you will not be charged the cancellation fee described in these Terms and Conditions.
Mentorship is a live, in person, one-on-one training session.
Expiration Term of Agreement: You have twelve (12) months from the date of your purchase to fulfill your Mentorship. Please note that for mentorships, you must properly schedule your Mentorship at least 90-Days prior to the expiration of your Mentorship Term and subsequently take delivery of your Mentorship prior to such expiration ; otherwise you will forfeit your mentorship.
Cancellation Fees: In the event you cancel your mentorship with less than ten (10) days notice to us, we reserve the right to charge you a five hundred dollar ($500.00) cancellation fee, except where we are prohibited from doing so by local law. If you cancel or reschedule a mentorship under the Mentor Program once a Mentor has already been assigned to you, we may also charge you for any actual expenses incurred by us or the assigned Mentor, such as expenses associated with the assigned Mentor’s lodging and/or travel arrangements in addition to our right to charge the five hundred dollar ($500.00) cancellation fee described above. If you require reasonable accommodations under the ADA you will be responsible for any fees and expenses incurred by us in making such accommodations if you fail to give us written notice that you cannot attend at least ten (10) days before the day of the course.
Changes: Dates, locations and mentors for Mentorships may be subject to change. Attendance at a Mentorship may require you to travel significant distance at your own cost and expense. We strongly recommend against you making non-refundable travel arrangements prior to receiving written confirmation of your scheduled Mentorship. Prior to attending any Mentorship, you should contact 1-800-570-2050 to confirm the Mentorship date and location. In the event of any change made by us in date and/or location, you have the right to reschedule your Mentorship. If you reschedule a Mentorship pursuant to this section, you will not be charged the cancellation fee described in these Terms and Conditions.