Terms of Service

Terms Of Service

Effective Date: 1/29/2023

BY VISITING THIS SITE, YOU CONSENT TO OUR TERMS OF USE.

Welcome to www.elevatingher.org (“Site”), a website owned and operated by Elevating Her, LLC, we provide information related to mental health and wellness (Services). The terms “we”, “us” and “our” refer to Elevating Her, LLC. (“Company”), a limited liability company based in Maryland.

The terms “user,” “you,” and “your” refer to visitors, customers, and users of the Site. Use of the Site, including all content, materials, products, and/or services, is subject to these Terms of Use (“Terms”).

These Terms apply to all visitors, customers, and users of the Site. By using the Site or Service, you agree to and acknowledge these Terms.

By visiting our website, creating a profile, purchasing any product/service or by clicking the “I accept” or “I agree” button while purchasing a subscription, you denote your legally-binding agreement to the following Terms and Conditions. If you do not agree to these terms and conditions, we encourage you to close this webpage.

We reserve the rights to change or terminate any feature or service; we may restrict your access to some portions of website in the event we find that you are engaging in an activity that is inappropriate or in violation of these terms and conditions. You are not permitted to engage in any illegal activity either with or to the website.

You must create an account on our website in order to purchase goods or services. We are not responsible for the username and password details of you or others. Do not share your login information with anyone else. In case you forget your password, you can use “forgot password” option in the sign-in section of our website.

Use of the Site and Service

To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Site or Service.

We make no representation or warranty that the information provided on the Site (“Content”), regardless of its source, is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content.

Account Creation

To access or use the Site and/or Service, you may have to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Company will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. In using the Site and/or Service, you must violate no laws in your jurisdiction.

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase products or services through the Site for legitimate, non-commercial purposes only. You will not post or transmit through the Site or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, cause civil liability, or otherwise violate any law.

Refusal of Service

The Service is offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity at our discretion without the obligation to assign reason. No order is deemed accepted until your payment has been processed. We may change or discontinue any aspect or feature of the Site or Service at any time, subject to our fulfillment of our prior responsibilities to you based on our acceptance of your payment. If we refuse your order after payment has been processed, we will refund your money.

Order Confirmation

We will email you to confirm the placement and details of your order. If there is an error in this email confirmation, you will inform us as soon as possible.

Cancellations, Refunds, and Returns

For appointments, we require a 24-hour notice of cancellation. Failure to contact us within 24-hours will cause a full charge for the missed appointment. For any product purchases, all sales are final. Your satisfaction is our #1 priority. Please email us at info@elevatingher.org to let us know why you are unsatisfied with any product or service, and we will work with you regarding any refund or return requests.

Product Description

We endeavor to describe and display the Site and Service accurately. While our intentions are to be clear in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. Occasionally, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Products and Services

All the products or services made available on this website are intended solely for personal or small business use. You may not transfer, re-sell, assign, or dispose of any service without the prior written consent of the company. We reserve the right to cancel any membership if it appears that it is of fraudulent or inappropriate nature. Prices, promotions, and campaigns are subject to change without prior notice.

Material You Submit to the Site

You will not upload, post, or otherwise provide on the Site any artwork, photos, or other materials (collectively, “Materials”) protected by copyright, trademark or other proprietary right without the owner’s express written permission, and the burden of determining that any Materials are not protected 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 submission. For all Materials submitted by you to the Site, you automatically represent or warrant you have the authority to use and distribute the Materials, and that the use or display of the Materials will violate no laws, rules, regulations, or third-party rights.

Intellectual Property

We claim no intellectual property rights over the material you submit to Company. You retain copyright and any other rights you may rightfully hold in any content, which you submit through the Site or Service. Your submitted content remains yours if you have any legal claims to it. You agree to hold Company harmless against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting Material on the Site or emailing us testimonials and other positive feedback at info@elevatingher.org, or any other Company email, you grant us a worldwide, nonexclusive license to use the material for promotional, business development, advertising, and/or marketing purposes. The Site and Service contain intellectual property owned by Company, including but not limited to trademarks, copyrights, patents, and proprietary information. You may not modify, publish, transmit, or participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, perform, or exploit in any format the Site, Service, Content, or intellectual property, 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 are caught violating this intellectual property policy.

As a user of this website or a user/registrant of any of this website’s services, you agree:

Personal Use– Your account is solely for your own, personal use. You may not allow others to access or use your account. You may not transfer your account to any other person. You agree that we, as the owners of this website, are not responsible for third party access to your account that in any way results in theft or illegal usage, storage, or sale of your personal information.
Reporting of Violations – You will immediately contact us when you see (i) any possible violation of the Agreement by anyone, and (ii) any unauthorized access to your account, whether known or not.
Content Removal– Any information or content you submit to the Services or in the public area will be available to us for monitoring. We keep the right to remove any information that in any way violates any possible law of the Services or any third party.
No False Information– You agree that every content or information you provide will not be inaccurate, false or misleading. Neither to us nor to any user. If any information or content becomes as such, you will quickly contact us of the change that happened.
No Advertising or Commercial Solicitation – Our messaging systems automatically scan all incoming [email and other] messages and filter out messages that may appear to be spam. We may also report any incoming email as spam. This can result in IP addresses and domain names being blacklisted. Users may not use our messaging facility or any of our other services to store, copy, relay, send or distribute spam. You must not send any chain letters, spam or junk email to other users of the Services. Furthermore, you agree that the information that you get from the Services will not be used by you in means of selling, advertising and such until the approval of the other user. By agreeing with this you acknowledge the fact that any breach of the terms will cause significant damages to us, that such damage will be hard to assess, and that we may take any action we deem necessary as outlined within these Terms of Service in order to enforce this policy – and that you disclaim any loss as a result of such enforcement.
We may add some third-party products/services on our website and in that case, the product copyrights belongs to the creator or successor in interest of the creator. We may also sell products/services as an affiliate so some of the products will be added to our website from other companies. We are not liable for any problem arising out of their contents, description, products etc. Under no circumstances shall Elevating Her, LLC, its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a user’s reliance on information obtained through the info@elevatingher.org web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the fit-counseling.com website.
This website itself or any section of this website may not be duplicated, sold, reproduced, copied, resold, visited, or otherwise used for commercial purposes excluding the possession of express written consent from the website or company owner(s). You may not utilize “hidden text”, hereafter defined as being of the same purpose as metatags, without the company’s express written consent. Any unauthorized use of hidden text terminates any license granted by the company and associated companies and voids these Terms and Conditions. You may be prosecuted for such actions.

Privacy

Your use of our Site and Service is subject to the Privacy Policy.

Updated Terms

We may amend these Terms at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Your use of the Site or Service after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent version to the Site and list the effective date on this page.

Third Party Links and Resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that Company is not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources imply no endorsement by or affiliation with Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You agree to indemnify and hold us harmless against any losses, damages, settlements, liabilities, costs, charges, assessments and expenses, and third-party claims and causes of action, including but not limited to attorneys’ fees, arising out of any breach by you of these Terms, or your use of the Site or Service. You will provide us with such assistance, without charge, as we may request in connection with any such defense, including but not limited to providing us with any accessible information, documents, or records as necessary. You will not settle any third-party claim or waive any defense without our prior written consent.

Entire Agreement and Waiver

This Agreement constitutes the entire agreement between you and Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between the parties. No waiver of any provision of this Agreement by Company will constitute a waiver or continuing waiver of any other provision. No waiver will be binding unless executed in writing by Company.

Notices

All notices, requests, demands, and other communications under these Terms must be in writing and properly addressed to Courtney Morgan info@elevatingher.org

Governing Law

These Terms will be construed in accordance with the laws of the State of Maryland. The exclusive venue for any mediation, arbitration, or court proceeding based on or arising out of this Agreement will be in Baltimore County, Maryland. The parties agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action, arbitration, or other proceeding is brought to enforce these Terms, or because of an alleged dispute, breach, default, or misrepresentation in any provision of these Terms, the prevailing party may recover reasonable attorneys’ fees and other costs in that action or proceeding, besides any other relief to which they may be entitled.

Severability

If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the terms, provisions, covenants, or conditions will remain in full force and effect and will in no way be affected, impaired, or invalidated.

Effect of Headings

The headings of the paragraphs and subparagraphs of these Terms are included for convenience only and will not affect the construction or interpretation of any of its provisions.

Assignment

These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sublicenseable, or otherwise transferable. Any transfer, assignment, delegation or sublicense is invalid.

Acknowledgment

These Terms of Use, including all documents referenced herein, represent the entire understanding between you and Elevating Her, LLC regarding your relationship with www.elevatingher.org and supersedes any prior statements or representations. When visiting the www.elevaitngher.org website or making a purchase therefrom, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Please email us at info@elevatingher.org if you have any questions about these Terms.