TERMS & CONDITIONS


Last Updated: October 1, 2023

These Terms of Service constitute a legally binding agreement between you and Elevate Me LLC., a Michigan corporation governing your access and use of elevateme.org (the “Platform”) and the products and services made available through the Platform (collectively the “Services”).


By submitting your contact information, scheduling a free consultation, completing a purchase, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Jodi Luster (JL) (“Consultant”), acting on behalf of Elevate Me LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

TERMS:

METHODOLOGY.

Consultant will employ a range of methodologies, including consulting, coaching, education, and mentorship. Client agrees to be open minded and partake in methods proposed. Client understands that Consultant makes no guarantees as to the outcome of the sessions or package. Consulting may include establishing goals, identifying resources, creating action plans, strategizing, and providing models, examples, and in-the-moment skills training.

PAYMENT AND REFUND POLICY.

Upon execution of this Agreement, Client agrees to pay to the Consultant the full purchase amount. Consultant will provide a up to a 30 day refund within 30 days of purchase upon written request.

DISCLAIMERS.

By participating in the Program, Client acknowledges that the Consultant is not a medical doctor or psychologist, and her services do not replace the care of such professionals.

INTELLECTUAL PROPERTY RIGHTS.

In respect of the documents specifically created for the Client as part of this Program, the Consultant maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Consultant. Nothing in this Agreement shall transfer ownership of or rights regarding any intellectual property of the Consultant to the Client, nor grant any right or license other than those stated in this Agreement.

The Consultant reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.

Client acknowledges that group Consulting sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Consultant.

NON-DISPARAGEMENT.

The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Client shall not make any false, disparaging, or derogatory statement in public or private regarding the Consultant or her Company, its employees, or agents. The Consultant shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with the Company

GOOD FAITH.

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

DISCLAIMER OF WARRANTIES.

The information, education, and Consulting provided to the Client by the Consultant under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

LIMITATION OF LIABILITY.

By using Elevate Me LLC services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Consultant 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 happening from the use or misuse of the Program. Client agrees that use of this Program is at the user's own risk.

DISPUTE RESOLUTION.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Court of Arbitration (ICC) . The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Edmonton, Alberta or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

GOVERNING LAW AND SEVERABILITY. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, within the United States, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ENTIRE AGREEMENT.

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

Upon execution of this Agreement, electronically, verbally, or otherwise, the Consultant agrees to provide services in accordance with the selected

“Membership/Program/Course ”.

The scope of services rendered by the Consultant pursuant to this Contract shall be solely limited to those contained therein and/or provided for on Consultant’s Website https://elevateme.org or https://elevateme123.org as part of the Program. Consultant reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances. Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met. Consultant reserves the right to remove Client from Program at any time for any reason.

The Consultant may provide the Client with information relating to products that the Consultant believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Consultant may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Consultant is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or Consulting provided. The Consultant may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services.

Client agrees that these are only recommendations and the Consultant will not be held liable for the services provided by any third-party to the Client. The Consultant is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party. Any testimonials or examples shown through Consultant’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Consultant’s programs and/or services. Client acknowledges that Consultant has not and does not make any representations as to the future result that may be derived as a consequence of use of Consultant’s website, programs, products or services.