Terms & Conditions

The following Terms of Service Agreement (“Agreement”) constitutes a binding legal contract. Please carefully read these terms as they affect your legal rights. You (hereinafter, “Client,” “You,” and/or “Your”) are invited to consult with counsel prior to accepting the terms of this Agreement. Before You use the services provided by LANA ELCO INC (hereinafter, “Company”), including www.ascensionofintimacy.com and its related websites, You must read and accept all of the terms and conditions in, and linked to, this Agreement.

By using the services on Company’s websites (including www.ascensionofintimacy.com and www.lanaelcocoaching.com and other related websites, collectively the “Websites”) and/or clicking “I Agree,” You are agreeing to the following terms, including those available by hyperlink, with Company and the general principles for the Websites.

By entering and using the Websites, You agree to abide by the following terms and conditions.

Amendments

Website and Company retain the right to amend the terms of this Agreement without prior consent of or notice to the Client. Additionally, when using particular services owned and/or operated by Company, You are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.

Eligibility

Company’s services are only available to persons who can form a legally binding contract. The Websites and any services provided by Company are not available for use by minors (under 18) without parental consent. By entering the Websites, using Company’s services, and/or entering this Agreement, You certify that You are of legal age and not restricted from using the Websites by any United States or International law, or otherwise by any other law, agreement, or regulation.

You also agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Service.

Member account, password and security

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Company of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Company is not responsible for any breaches of security or damages resulting from the Client’s failure to protect account and password information.

By signing up for Company’s services and providing Company with Your information, You certify that all information is completely accurate to the best of Your knowledge, and that You are signing up for legitimate purposes and not to commit fraud. If Company discovers any fraud being perpetrated through its system, Company reserves the right to refer cases to the United States Department of Justice and other governing authorities.

No resale of services permitted

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service.

Reservation of rights

Company and the Websites reserve the right to suspend, discontinue or terminate any user’s or Client’s membership or listing at any time, and this may be implemented immediately without notice. Examples include but are not limited to breach of this Agreement, member misconduct, or if Company cannot verify or authenticate any of the information You provide.

Fees and credits

Fees are subject to change without notice. However, Company will notify existing Clients in advance of any fee changes that would affect their current listings. Credits are considered and issued on an individual basis, depending on circumstances. Company reserves the right to place third party advertisements on any page within the Websites.

Intellectual property: copyrights and patents

All content included within the Websites, such as text, graphics, logos, design and images, is the property of Company and is protected by United States and international copyright and patent laws. The internal code and graphics displayed on the Websites are the copyrighted proprietary property of Company. No license to use any of the foregoing is expressed or implied. Parties infringing the foregoing shall be subject to prosecution under the intellectual property laws of the United States.

In the event that any content is provided to Client, Company grants You a limited personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software.

General practices

You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum retention period for uploaded content, the maximum number and size of files, the maximum disk space allotted, and the maximum number and duration of accesses in a given period. You agree that Company has no responsibility or liability for the deletion or failure to store any messages, communications or other content. Company reserves the right to log off accounts that are inactive for an extended period, and to modify these practices and limits from time to time.

System

Company and the Websites will not be held responsible for any information, loss, or damages resulting from system failure due to any external or internal devices, acts of nature, or acts of God. Client may not use any device that interferes with the proper working of the Websites. Client agrees not to disclose their password to a third party and understands that any and all actions taken under Your password are Your responsibility.

Company’s services

Any and all services rendered to Client by Company shall be governed by the terms and conditions set forth herein. Upon execution of this Agreement and receipt of advance deposit from Client, Company agrees to render education, consulting, training and/or coaching services as more particularly described on the Websites for the services purchased by Client (“Services”). The scope of Services rendered pursuant to this Agreement shall be specifically limited to those contained herein, unless a further agreement is reached between the parties for Company to provide additional services for additional compensation.

Compensation

Client agrees to compensate Company according to the rates posted on the Websites for the programs selected by Client.

Refunds and chargebacks

In the event that Client terminates services prior to the completion of the Services, Client shall be responsible for the entire fee set forth herein. To the extent that Client provides Company with credit card information for payment on Client’s account, Company shall be authorized to charge Client’s credit card for any unpaid invoices. If Client uses a multiple-payment plan, Company shall be authorized to make all charges at the time they are due without separate authorization. Client shall not make any chargebacks to Company’s account or cancel the credit card provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.

Late fees

Company shall charge a two percent (2%) late penalty on all balances not paid in a timely manner by Client.

No substitute for medical treatment

Client agrees that they will obtain medical services from the professionals, physicians and health care providers of their choice. Client agrees and acknowledges that Company’s Services are not in any way intended to be a substitute for medical treatment or consultation. Company does not and shall not provide medical, dermatological, or psychotherapy services in any way. To the extent that Company does provide any advice, Client agrees that it is Client’s sole and separate responsibility to review such advice with their chosen health care providers prior to making any decisions based on it.

Company provides general education, training and coaching services only, which are not a substitute for medical treatment or consultation with a medical doctor. Client agrees that they remain solely responsible for contacting, communicating with, coordinating with, and retaining the services of their chosen health care providers, and for being mindful of their own well-being and health while receiving Company’s services, seeking medical treatment as needed. Company is not responsible for any decisions made by Client as a result of recommendations made by Company or any consequences thereof. Client further acknowledges that there is no privilege or confidentiality that protects statements made to a coach, and that disclosure of information received does not constitute a violation of this Agreement or the common law.

In the event of a health care emergency, Client is hereby instructed to immediately contact their physician. Client shall remain solely responsible for communicating with their health care providers, hospital, and/or emergency services.

Disclaimer of guarantee

Client accepts and agrees that they retain one hundred percent (100%) responsibility for their own progress and health while receiving Company’s services. Client accepts and agrees that they are the vital element in their own success, and that Company cannot control Client or Client’s outcome as a result of the services rendered.

Company makes no representations or guarantees, verbally or in writing, regarding performance of this Agreement other than those specifically enumerated herein. Client accepts that, because of the nature of Company’s services, results experienced by clients significantly vary, and Client accepts responsibility for such variance. Company and its affiliates disclaim the implied warranties of title, merchantability, and fitness for a particular purpose. Company shall have no liability whatsoever for any claim relating to any Client’s inability to access the services properly or completely, or for any claim related to errors or omissions in the services.

Privacy policy

Company is committed to safeguarding the privacy of its website visitors and hereby sets forth its terms and conditions regarding the use of private personal information, which may be updated from time to time without Client’s prior approval.

Information collected

Company collects and uses one or more of the following types of information: (a) information about your computer and about your visits to and use of the Websites, including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and navigation paths; (b) information that you provide when registering, including your email address; (c) information that you provide when completing a profile, including your name, profile pictures, gender, date of birth, relationship status, interests, educational details and employment details; (d) information provided for the purpose of subscribing to email notifications or newsletters, including your name and email address; (e) information provided when using the services, or generated in the course of their use, including the timing, frequency and pattern of service use; (f) information relating to purchases or other transactions, including your name, address, telephone number, email address and card details; (g) information posted for publication, including your user name, profile pictures and post content; (h) information contained in or relating to any communications sent to us or through the Websites, including content and associated metadata; (i) any other personal information you choose to send us; and (j) information related to the foregoing (collectively, “Personal Information”).

How information is used

We may use your Personal Information to: administer our Websites and business; personalize the Websites for you; enable your use of the available services; supply goods and services purchased; send statements, invoices and payment reminders, and collect payments; send non-marketing commercial communications; send email notifications you have specifically requested; send our email newsletter (you can tell us at any time if you no longer wish to receive it); send marketing communications relating to our business or that of carefully selected third parties (you can tell us at any time if you no longer wish to receive these); provide third parties with statistical information about our users; deal with enquiries and complaints made by or about you; keep the Websites secure and prevent fraud; verify compliance with the terms governing use of the Websites; and other uses related to any of the foregoing. If at any time you wish to terminate our use of such information or cease receiving notifications, contact us in writing to process such requests.

Disclosure

All financial transactions are handled through our payment services provider. We share information with our payment services provider only to the extent necessary for processing payments, refunds, and related complaints and queries. We may disclose your Personal Information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy, and to any member of our group of companies on the same basis.

We may disclose your Personal Information: to the extent that we are required to do so by law; in connection with any ongoing or prospective legal proceedings; in order to establish, exercise or defend our legal rights, including providing information to others for the purposes of fraud prevention and reducing credit risk; to the purchaser or prospective purchaser of any business or asset that we are, or are contemplating, selling; and to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure. Except as provided in this policy, we will not provide your Personal Information to third parties.

Personal Information that you publish on the Websites, or submit for publication, may be available via the internet around the world. We cannot prevent the use or misuse of such information by others.

Retention and security

Personal Information that we process for any purpose shall not be kept for longer than is necessary for that purpose. We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your Personal Information, and will store the information you provide on secure, password- and firewall-protected servers. All electronic financial transactions entered into through the Websites will be protected by encryption technology. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for keeping your password confidential; we will not ask you for it except when you log in.

Company reserves the right to revise this Privacy Policy without Client’s approval or prior notice. Client expressly acknowledges that no evidentiary or ethical privilege, such as the physician-patient or psychologist-patient privilege, applies to the services provided by Company.

Non-disparagement

In the event that a dispute arises between the parties, the parties agree and accept that the only venue for resolving such a dispute shall be the venue set forth below. In the event of a dispute, the parties agree that neither will engage in any conduct or communications, public or private, designed to disparage the other.

No transfer of intellectual property

Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the materials provided by Company. Company’s copyrighted and original materials are provided to the Client for individual use only under a single-Client license. Client shall not share, copy, distribute, or otherwise disseminate any materials received from Company, electronically or otherwise, without Company’s prior written consent. All intellectual property, including copyrighted course materials, shall remain the sole property of Company. No license to sell or distribute Company’s materials is granted or implied.

To the extent that Client, Client’s voice, Client’s likeness, or Client’s name are featured in any portions of Company’s publicly accessible websites or programs, Client hereby grants an irrevocable and perpetual license to use the same throughout the Universe without any compensation whatsoever to Client. Client acknowledges and agrees that they derive an independent benefit from any such feature and therefore need not and will not be compensated for it.

Limitation of liability

By using Company’s services, Client releases Company from any and all damages that may result from anything and everything related to Company’s services and to this Agreement. Company’s services are provided for general training, support and education only. Client accepts any and all risks, foreseeable or non-foreseeable, arising from this transaction.

Regardless of the previous paragraph, if Company is found to be liable to Client or a third party in any way, Company’s liability is limited to the total fees Client paid to Company in the twelve (12) months prior to the action giving rise to the liability. All claims against Company must be lodged with the entity having jurisdiction within one (1) year of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from the use or misuse of Company’s services. Client agrees that use of this service is at Client’s own risk.

Termination

In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services. Client shall cease further communications with others enrolled in the program and with Company’s staff and employees.

Indemnification

Client shall defend, indemnify, and hold harmless Company, its shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever (including without limitation claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements) which any of them may incur or become obligated to pay arising out of or resulting from the services offered by Company. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Company.

Controlling agreement

In the event of any conflict between the provisions contained in this Agreement and any marketing materials used by Company, its representatives, or employees, the provisions in this Agreement shall be controlling. This Agreement shall govern all services.

Choice of law and venue

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles or conflicts of law. The parties agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the State of California, Santa Cruz County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.

Entire agreement

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

Survivability

The ownership, non-circumvention, proprietary rights, and confidentiality provisions, any provisions relating to payment of sums owed, and any other provisions that by their sense and context the parties intend to survive, shall survive the termination of this Agreement for any reason.

Severability

If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

Other terms

Upon execution of this Agreement by using the services on Company’s Websites and/or clicking “I Agree,” the parties agree that any individual, firm, affiliate, associate, corporation, joint venture, partnership, division, subsidiary, employee, company, heir, assign, designee or consultant of which the signee is an affiliate, company, officer, heir, successor, assign or designee of Company or Client is bound by the terms of this Agreement. A facsimile, electronic, or emailed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument.

Contact

Questions about these terms may be directed to (202) 340-4255, or through the contact page.

Lana Elco Inc. All rights reserved.