Purchase & Use Agreement
Terms and Conditions
Last updated: December 9th, 2021
Please read these terms and conditions carefully before using Our Service.
See Interpretation and Definitions at the end of this Agreement to see the defined terms of this Agreement. Defined terms are capitalized throughout.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and The Extreme Leadership Institute (TELI). These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access, Purchase, or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
When in regards to a Purchase, You represent that you are over the age of 18.
You acknowledge that use of services and programs provided by TELI does not constitute any guarantee of results.
You accept responsibility for your level of engagement and all results, negative or positive, that result from your actions and efforts.
Purchasing & Refund Policy
By Purchasing from us, You warrant that You are legally capable of entering into binding contracts.
If You wish to use our Services, You may be asked to supply certain information relevant to Your Purchase including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Purchase.
We reserve the right to refuse or cancel Your Purchase at any time for certain reasons including but not limited to:
· Errors in the description or prices
· Errors in Your Purchase
We reserve the right to refuse or cancel Your Purchase if fraud or an unauthorized or illegal transaction is suspected.
TELI reserves the right to revise its prices at any time prior to accepting a Purchase.
The prices quoted may be revised by TELI subsequent to accepting a Purchase in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of TELI. In that event, You will have the right to cancel Your Purchase.
All Purchases are subject to either, a one-time payment, or payment Installments. Payment may be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Purchase.
In the case You are paying in Installments, Installment payments do not constitute a Subscription service. Installment payments are due in full until the end of the final Installment payment, independent of Your use of the services that You Purchased.
Billing *all references to Subscription services are only applicable to Subscription purchases. If Your purchase is not a Subscription, these references do not apply to You.
You shall provide TELI with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
In the event that Your Purchase payment is divided into Installments, each Installment shall automatically be charged to the payment information provided by YOU. Should automatic billing for Installments fail to occur for any reason, TELI will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
In the case of Installment payments, TELI does not have the right to change the agreed upon Installment schedule or payment amounts.
RE: Subscription Services:
In the case of Subscriptions, TELI, in its sole discretion and at any time, may modify Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
TELI will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees and completed Purchases are non-refundable.
Certain refund requests for Subscriptions and completed Purchases may be considered by TELI on a case-by-case basis and granted at the sole discretion of TELI.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
TELI is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
· Unlawful or promoting unlawful activity.
· Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
· Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
· Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
· Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
· Impersonating any person or entity including TELI and its employees or representatives.
· Violating the privacy of any third person.
· False information and features.
TELI reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. TELI further reserves the right to make formatting and edits and change the manner any Content. TELI can also limit or revoke the use of the Service if You post such objectionable Content. As TELI cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will TELI be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
TELI do not guarantee there will be no loss or corruption of data.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
· A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
· Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
· Your address, telephone number, and email address.
· A 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.
· 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.
You can contact our copyright agent via email at email@example.com. Upon receipt of a notification, TELI will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of TELI and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TELI.
All Content included as part of this Service and Websites, is the property of the TELI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The TELI name, the TELI logo, the TELI slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the TELI or its affiliates or licensors. You must not use such marks without the prior written permission of the TELI. All other names, logos, product and service names, designs, and slogans used in this Service, are the trademarks of their respective owners.
Your participation in The Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the program, You agree to observe and abide by all copyright and other intellectual property protection.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide TELI. If for any reason such assignment is ineffective, You agree to grant TELI a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by TELI.
TELI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that TELI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of TELI and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall TELI or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if TELI or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, TELI, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, TELI provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither TELI nor any of TELI’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of TELI are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You hereby agree to indemnify and hold harmless Us from any loss, liability, damage, or costs, including court costs and attorney fees, that We may incur due to or caused by Your participation in the Service, even if caused by the negligence of the Released Party.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting TELI.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
· By email: firstname.lastname@example.org
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that provides services included in Services provided by TELI or promoted by TELI.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: California, United States
Company (referred to as either “TELI”, “We”, “Us” or “Our” in this Agreement) refers to Extreme Leadership, Inc., San Diego, California.
Content refers to content such as text, images, learning materials, videos, software, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Installments means payments for a Purchase that are divided over a period of time, each payment shall be referred to as an Installment.
Purchase(s) mean a request by You to purchase from Us.
Service(s) refers to the Websites, learning materials, instruction, coaching, facilitation, and any other services provided to You by Us in association with Your Purchase.
Subscriptions refer to the services or access to the Service offered on a subscription basis by TELI to You.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and TELI regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website(s) refers to the online website and learning platforms provided by TELI, accessible by the following links: https://extremeleadership.com/; email@example.com; https://extreme-leader-accelerator.mn.co/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.