TERMS AND CONDITIONS
Last updated:Ā May 6, 2026
TABLE OF CONTENTS
- Agreement to Terms
- Our Services
- Eligibility and User Representations
- Intellectual Property Rights
- Limited License to You
- Products, Programs, Coaching, and Services
- Account Access, Passwords, and Program Access
- Payments, Payment Plans, and Billing
- Refund Policy
- No Sharing, Resale, or Unauthorized Use
- User Materials, Contributions, and Submissions
- Testimonials, Feedback, and Case Studies
- Community, Group Calls, and Member Conduct
- Confidentiality and Privacy of Other Members
- Prohibited Activities
- Site and Program Management
- Privacy Notice
- Third-Party Tools, Platforms, and Links
- No Professional Advice
- No Earnings, Client, Career, or Business Results Guarantee
- Modifications, Availability, and Interruptions
- Term and Termination
- Corrections
- Disclaimer
- Limitations of Liability
- Indemnification
- User Data
- Electronic Communications, Transactions, and Signatures
- Governing Law
- Dispute Resolution
- Miscellaneous
- Contact Us
1. AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Elearning Secrets Consulting Inc. ("Company," "we," "us," or "our"), concerning your access to and use of our website, products, programs, services, coaching, consulting, content, communities, materials, communications, and any other media form, media channel, website, landing page, checkout page, course platform, community platform, or related service that links to these Terms (collectively, the "Services").
By accessing or using the Services, you agree that you have read, understood, and agreed to be bound by these Terms and Conditions, our Privacy Notice, our Earnings Disclaimer, and any additional terms, checkout terms, order forms, program rules, or written agreements that apply to specific products, programs, or services.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions, checkout terms, order forms, program policies, refund policies, community rules, or other documents posted on the website or provided in connection with a specific product, program, or service are incorporated into these Terms by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will indicate changes by updating the "Last updated" date above. For material changes (including changes to refund policy, fees, intellectual property terms, dispute resolution, or limitation of liability), we will provide notice by email to active customers at least thirty (30) days before the changes take effect. For all other changes, your continued use of the Services after the revised Terms are posted constitutes acceptance.
You are responsible for ensuring that your access to and use of the Services complies with all laws, rules, and regulations applicable to you.
2. OUR SERVICES
Elearning Secrets Consulting Inc. provides educational, coaching, consulting, training, and related services designed to help professionals improve their positioning, offers, messaging, sales assets, business development efforts, and consulting-related strategy.
Our Services may include, but are not limited to:
- websites, landing pages, sales pages, application pages, and checkout pages;
- free or paid trainings, videos, webinars, workshops, events, or presentations;
- courses, templates, frameworks, worksheets, scripts, guides, workbooks, or other educational materials;
- coaching programs, consulting services, group programs, communities, calls, feedback, or support;
- emails, newsletters, marketing communications, and related content;
- private communities, discussion spaces, call recordings, replays, and member resources.
The exact details, deliverables, duration, access terms, bonuses, support, calls, refund policy, and pricing for any product, program, or service will be described on the applicable sales page, checkout page, order form, written agreement, or program materials.
3. ELIGIBILITY AND USER REPRESENTATIONS
The Services are intended for users who are at least 18 years old or the age of majority in their jurisdiction, whichever is higher. Persons under 18 are not permitted to use, register for, or purchase the Services.
By using the Services, you represent and warrant that:
- you have the legal capacity to agree to these Terms;
- you are at least 18 years old or the age of majority in your jurisdiction;
- any information you provide to us is true, accurate, current, and complete;
- you will update information as necessary to keep it accurate;
- you will not access the Services through automated or non-human means, including bots, scripts, scrapers, or similar tools;
- you will not use the Services for any illegal, unauthorized, abusive, or prohibited purpose;
- your use of the Services will not violate any applicable law, regulation, contract, employer policy, professional obligation, or third-party right.
If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your access to the Services.
4. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Services, website, content, course materials, program materials, frameworks, methods, templates, worksheets, scripts, videos, audios, graphics, designs, copy, text, logos, trademarks, service marks, processes, recordings, documents, and other materials provided by us (collectively, the "Content") are owned or controlled by us or licensed to us.
The Content is protected by copyright, trademark, trade secret, and other intellectual property laws in Canada, the United States, and other jurisdictions.
No part of the Services or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, shared, modified, adapted, used to create derivative works, or otherwise exploited for any commercial purpose without our express prior written permission.
All rights not expressly granted to you are reserved by us.
5. LIMITED LICENSE TO YOU
Provided that you are eligible to use the Services and comply with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services and Content you have properly obtained access to, solely for your own personal, educational, internal business, or professional development purposes.
This license does not permit you to:
- share your login, account, course access, community access, call links, recordings, templates, worksheets, scripts, or materials with others;
- resell, distribute, license, sublicense, or commercially exploit the Content;
- use the Content to create a competing product, program, course, coaching offer, training, membership, or service;
- copy or adapt our frameworks, materials, or methods for resale or distribution;
- remove copyright, trademark, or proprietary notices;
- train artificial intelligence tools, models, databases, or systems on our proprietary Content without written permission;
- upload our proprietary Content into public tools, repositories, databases, or platforms in a way that makes it accessible to others.
You may download or print materials we make available for download, solely for your own permitted use, provided you keep all copyright and proprietary notices intact.
6. PRODUCTS, PROGRAMS, COACHING, AND SERVICES
We may offer free and paid products, programs, coaching, consulting, courses, trainings, communities, digital products, templates, workshops, and other services.
The specific features, benefits, deliverables, access period, support level, call schedule, bonuses, and limitations for each offering are described on the applicable sales page, checkout page, written agreement, order form, or program materials.
We reserve the right to modify, update, improve, replace, or discontinue any part of a product, program, or service, provided that such changes do not materially reduce the core value of a paid offering during the applicable access period.
Unless expressly stated otherwise in writing:
- coaching calls, consulting sessions, group calls, feedback, support, or bonuses must be used during the applicable program period;
- unused calls, support, bonuses, reviews, or access may expire at the end of the applicable program or access period;
- missed calls, no-shows, late cancellations, or unused support are not guaranteed to be rescheduled or refunded;
- access to communities, recordings, templates, or resources may be limited to the duration stated at purchase;
- bonuses are discretionary and may change, be replaced, or be removed at any time before purchase.
We may record group calls, trainings, webinars, workshops, or coaching sessions for replay, internal training, quality improvement, or program delivery purposes. By participating in such sessions, you consent to the recording unless otherwise stated. If you do not wish to appear or be heard, you may turn off your camera, mute your microphone, use chat, or avoid sharing personal information.
7. ACCOUNT ACCESS, PASSWORDS, AND PROGRAM ACCESS
To access certain Services, you may need to create an account, receive login credentials, or use a third-party platform.
You are responsible for maintaining the confidentiality of your username, password, account, login links, and access credentials. You are responsible for all activity that occurs under your account.
You agree to notify us immediately if you believe your account or access credentials have been compromised or used without authorization.
We are not liable for loss or damage arising from your failure to protect your account, password, login links, devices, or access credentials.
We may suspend or terminate account access if we believe your account is being shared, misused, compromised, used in violation of these Terms, or used in a way that harms us, other users, or the Services.
8. PAYMENTS, PAYMENT PLANS, AND BILLING
You agree to provide current, complete, and accurate purchase, billing, account, and payment information for all purchases made through the Services.
You agree to pay all charges at the prices then in effect for your purchases, including any applicable taxes, fees, or charges. You authorize us and our third-party payment processors to charge your selected payment method for all amounts due.
Payment plans
If you choose a payment plan, you are committing to pay the full purchase price according to the payment schedule selected at checkout or agreed in writing.
Payment plans are not subscriptions. They are installment arrangements for the full purchase price. You may not cancel a payment plan simply because you stop using the product, program, or service.
Unless otherwise stated in writing, all scheduled payments remain due until the full purchase price has been paid.
Failed payments
If a payment fails, is declined, is reversed, or is not received when due, we may:
- attempt to reprocess the payment;
- contact you to update your payment information;
- suspend or revoke access to paid materials, coaching, communities, calls, support, or services until the account is brought current;
- charge late fees, collection costs, or administrative fees where permitted by law and disclosed in applicable purchase terms;
- refer unpaid amounts to collections or pursue other lawful remedies.
You are responsible for keeping your payment method current and ensuring payments are made on time.
Chargebacks and payment disputes
If you have a concern about a charge, you agree to contact us first at support@elearningsecrets.com so we can attempt to resolve the issue.
Improper, false, or bad-faith chargebacks may result in suspension or termination of access to the Services. We reserve the right to dispute chargebacks and provide evidence of your purchase, access, agreement to these Terms, use of the Services, communications, and refund policy.
9. REFUND POLICY
Refunds, if any, are governed by the specific refund policy stated on the applicable sales page, checkout page, order form, written agreement, or offer terms for the product, program, or service purchased.
Unless a specific refund policy is provided in writing for a particular purchase, all sales are final.
If a product, program, or service includes a conditional refund policy, guarantee, or risk reversal, you must satisfy all stated conditions to be eligible for a refund. Conditions may include, for example, completing onboarding, attending calls, watching required materials, submitting exercises, requesting support, or providing evidence of implementation within a stated period.
Refund requests that do not comply with the applicable refund policy may be denied.
Refunds do not automatically cancel unpaid payment plan obligations unless the applicable refund policy expressly states otherwise.
We reserve the right to deny refunds in cases of abuse, fraud, account sharing, violation of these Terms, excessive consumption of materials, chargeback abuse, or failure to satisfy stated refund conditions.
10. NO SHARING, RESALE, OR UNAUTHORIZED USE
Your purchase and access are for your own use only unless otherwise expressly agreed in writing.
You may not share, sell, sublicense, distribute, transfer, gift, publish, reproduce, or provide access to any product, program, course, community, call, recording, template, worksheet, framework, document, script, or other Content to any other person or entity.
Unauthorized sharing, copying, distribution, resale, or commercial exploitation of our Content is a violation of these Terms and may constitute copyright infringement, breach of contract, or other legal violations.
We reserve the right to suspend or terminate access, deny refunds, and pursue legal remedies for unauthorized use or distribution.
11. USER MATERIALS, CONTRIBUTIONS, AND SUBMISSIONS
In connection with the Services, you may submit, upload, provide, post, transmit, or share information, materials, documents, comments, feedback, posts, messages, homework, worksheets, business details, case studies, sales assets, marketing materials, examples, recordings, or other content (collectively, "User Materials").
You represent and warrant that:
- you own or have the necessary rights, permissions, consents, and authority to provide the User Materials;
- your User Materials do not infringe, misappropriate, or violate any third-party intellectual property, privacy, confidentiality, contractual, employment, or other rights;
- your User Materials are not false, misleading, unlawful, abusive, defamatory, obscene, harassing, discriminatory, or otherwise objectionable;
- your User Materials do not contain confidential, proprietary, sensitive, or regulated information unless you have the right to share it and accept the risk of doing so;
- your User Materials comply with these Terms and all applicable laws.
Private client materials
You retain ownership of your pre-existing business materials, private worksheets, drafts, submissions, business information, client examples, case study details, and other private materials you provide to us for coaching, consulting, feedback, support, or program participation.
You grant us a limited license to access, store, process, review, use, reproduce, display, and provide feedback on such materials solely as reasonably necessary to deliver the Services, operate the program, provide support, enforce our rights, comply with law, and improve our internal operations.
We will not intentionally publish your private client materials as testimonials, case studies, marketing materials, or public examples without your permission, except where they have been anonymized, aggregated, or de-identified so they do not reasonably identify you.
Public or community contributions
If you post or share content in a community, group, comment area, public forum, social media interaction, testimonial form, review, or other space intended to be viewed by others, you grant us a non-exclusive, worldwide, royalty-free license to host, display, reproduce, store, moderate, and use that content as reasonably necessary to operate, manage, promote, and improve the Services.
You are solely responsible for User Materials you submit, post, or share.
12. TESTIMONIALS, FEEDBACK, AND CASE STUDIES
If you voluntarily provide testimonials, reviews, feedback, comments, survey responses, success stories, screenshots, or similar materials, you grant us permission to use, reproduce, publish, display, edit for clarity or length, and share those materials in connection with our business, marketing, sales, and promotional efforts, unless we agree otherwise in writing.
We may identify you by first name, full name, business name, title, photo, social profile, or other information you provide or approve, where permitted by law and your consent.
We may anonymize, redact, or modify testimonials or case studies to protect privacy, improve clarity, correct grammar, shorten length, or remove sensitive details, provided we do not materially change the substance of your statement.
Testimonials, case studies, examples, screenshots, and stories reflect individual experiences and are not guarantees that you or anyone else will achieve the same or similar results.
13. COMMUNITY, GROUP CALLS, AND MEMBER CONDUCT
Some Services may include access to a private community, group calls, discussion spaces, member areas, chat, comments, forums, or similar interactive features.
You agree to participate respectfully and professionally.
You may not:
- harass, abuse, threaten, defame, demean, bully, intimidate, or discriminate against others;
- post spam, promotions, solicitations, affiliate links, recruiting messages, or advertisements without permission;
- share unlawful, harmful, obscene, misleading, or offensive content;
- impersonate another person or misrepresent your affiliation;
- disrupt calls, communities, programs, or discussions;
- collect, scrape, or harvest personal information from other members;
- share another member’s private information outside the program;
- record calls, download recordings, copy posts, take screenshots, or distribute community content without permission;
- use the community to compete with us, solicit our customers, or promote competing products or services.
We reserve the right, in our sole discretion, to moderate, remove, edit, restrict, or delete posts, comments, materials, or access, and to suspend or remove any member from a community, call, program, or service if we believe their conduct violates these Terms or is harmful to us, other members, the community, or the Services.
Removal from a community or program for misconduct does not entitle you to a refund.
14. CONFIDENTIALITY AND PRIVACY OF OTHER MEMBERS
You may receive access to confidential or private information shared by us, our team, other members, customers, or participants during programs, communities, calls, coaching sessions, discussions, or support interactions.
You agree not to disclose, publish, share, copy, record, distribute, or use any confidential or private information belonging to us or other participants except for your own participation in the Services.
This includes, but is not limited to:
- personal stories, business details, financial information, revenue numbers, client information, employer information, strategy discussions, documents, screenshots, recordings, posts, comments, worksheets, sales assets, and other materials shared inside the program or community;
- names, contact information, business information, or personal details of other members;
- non-public methods, frameworks, processes, pricing, strategy, or materials we share with paying customers or program participants.
You agree not to record, screenshot, download, share, or distribute private calls, communities, member posts, chat messages, or program materials without permission.
Your confidentiality obligations survive termination of your access to the Services.
15. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than the purpose for which we make them available.
As a user of the Services, you agree not to:
- systematically retrieve data, content, materials, or other information from the Services to create or compile a collection, database, directory, training set, or competing resource without written permission;
- trick, defraud, mislead, or deceive us or other users;
- circumvent, disable, or interfere with security-related features;
- disparage, tarnish, or otherwise harm us, the Services, our reputation, or other users;
- use information obtained through the Services to harass, abuse, harm, solicit, or market to another person without permission;
- make improper use of support services or submit false reports of abuse or misconduct;
- use the Services in a manner inconsistent with applicable laws, regulations, contracts, employer policies, or professional obligations;
- engage in unauthorized framing or linking;
- upload or transmit viruses, malware, spyware, tracking mechanisms, or other harmful code;
- engage in automated use, scraping, mining, harvesting, bots, spiders, scripts, or extraction tools;
- delete copyright, trademark, or proprietary notices from Content;
- impersonate another person or entity;
- interfere with, disrupt, or create an undue burden on the Services or connected networks;
- harass, annoy, intimidate, or threaten our team, contractors, customers, or users;
- attempt to bypass access controls or restrictions;
- copy, adapt, decompile, reverse engineer, or exploit any software or platform component except as permitted by law;
- make unauthorized purchases or use another person’s payment method without permission;
- collect usernames, email addresses, or personal information for unsolicited marketing;
- use the Services to compete with us or create a competing product, service, program, course, or community;
- sell, transfer, share, or assign your account, login, access, or profile;
- use the Services for any unlawful, fraudulent, abusive, or unauthorized purpose.
Any use of the Services in violation of the above may result in suspension or termination of access and may subject you to legal action.
16. SITE AND PROGRAM MANAGEMENT
We reserve the right, but not the obligation, to:
- monitor the Services for violations of these Terms;
- take appropriate action against anyone who violates these Terms or applicable law;
- refuse, restrict, suspend, or terminate access to any part of the Services;
- remove, edit, restrict, or disable content, posts, comments, files, or materials;
- limit the availability of or discontinue any part of the Services;
- report unlawful, harmful, or abusive conduct to appropriate authorities;
- manage the Services in a manner designed to protect our rights, property, users, customers, business, and proper functioning of the Services.
We are not obligated to monitor every interaction, post, message, call, comment, or submission.
17. PRIVACY NOTICE
We care about privacy and data protection. Please review our Privacy Notice at: https://elearningsecrets.com/privacy-notice
By using the Services, you agree to be bound by our Privacy Notice, which is incorporated into these Terms by reference.
Please be advised that we may use service providers located in Canada, the United States, the United Kingdom, the European Economic Area, or other countries. If you access the Services from outside Canada, you understand that your information may be transferred to, stored in, or processed in countries where our service providers operate, subject to our Privacy Notice.
18. THIRD-PARTY TOOLS, PLATFORMS, AND LINKS
The Services may contain links to third-party websites, tools, platforms, payment processors, scheduling tools, video platforms, community platforms, analytics providers, advertising platforms, or other third-party services.
We may use third-party platforms to provide the Services, including platforms for website hosting, course delivery, checkout, payments, email, scheduling, video conferencing, community, analytics, automation, support, and business operations.
Third-party services are governed by their own terms, policies, privacy notices, and practices. We are not responsible for third-party websites, platforms, services, content, policies, practices, errors, outages, security incidents, or actions.
Your use of third-party tools may be subject to additional terms and conditions. You are responsible for reviewing and complying with those terms.
We do not warrant, endorse, guarantee, or assume responsibility for any product, service, content, or offering provided by a third party.
19. NO PROFESSIONAL ADVICE
Our Services are provided for educational and informational purposes only.
We do not provide legal, tax, accounting, employment, financial, investment, medical, psychological, therapeutic, or other licensed professional advice.
Nothing in the Services should be interpreted as professional advice, and no professional-client relationship is created by your use of the Services.
You are responsible for consulting qualified professionals before making decisions that require legal, tax, accounting, financial, employment, medical, psychological, or other professional advice.
You are solely responsible for your business, career, legal, financial, tax, employment, and professional decisions.
20. NO EARNINGS, CLIENT, CAREER, OR BUSINESS RESULTS GUARANTEE
We may discuss business growth, consulting opportunities, positioning, offers, pricing, marketing, sales, outreach, client acquisition, income, revenue, fees, career transitions, examples, testimonials, or case studies.
You understand and agree that we do not guarantee that you will earn money, land clients, create a profitable offer, replace your income, leave your job, increase revenue, build a consulting business, book sales calls, close clients, achieve career independence, or obtain any specific business, career, financial, or personal result.
Your results depend on many factors, including your background, experience, niche, offer, market demand, pricing, sales activity, implementation, consistency, communication skills, professional network, business judgment, economic conditions, and other factors outside our control.
Testimonials, examples, case studies, revenue examples, client examples, screenshots, or other results shared by us are individual examples only. They are not promises or guarantees that you will achieve the same or similar results.
You agree to review our Earnings Disclaimer at: https://elearningsecrets.com/earnings-disclaimer, which is incorporated into these Terms by reference.
21. MODIFICATIONS, AVAILABILITY, AND INTERRUPTIONS
We reserve the right to change, modify, update, suspend, discontinue, replace, or remove any part of the Services at any time or for any reason, subject to any specific written agreement or purchase terms that apply to a paid product, program, or service.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, platform, hosting, payment, internet, vendor, maintenance, or other issues resulting in interruptions, delays, errors, or downtime.
We are not liable for any loss, damage, inconvenience, delay, or interruption caused by your inability to access or use the Services during any downtime, discontinuance, platform issue, vendor issue, or maintenance period.
Nothing in these Terms obligates us to maintain, support, update, or continue any part of the Services indefinitely.
22. TERM AND TERMINATION
These Terms remain in full force and effect while you use the Services.
We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services, including blocking certain IP addresses, suspending accounts, terminating access, removing content, or deleting information, to any person for any reason or no reason, including for breach of these Terms or any applicable law.
If we terminate or suspend your account or access for any reason, you are prohibited from creating a new account under your name, a fake name, a borrowed name, or the name of any third party without our written permission.
Termination does not relieve you of any payment obligations incurred before termination, including unpaid payment plan amounts, unless otherwise stated in writing.
The provisions of these Terms that by their nature should survive termination will survive, including intellectual property, payment obligations, confidentiality, no results guarantee, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.
23. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, dates, offers, program details, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
We are not obligated to honor pricing, descriptions, or offers that are clearly erroneous or the result of a technical, typographical, or administrative error.
24. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, OR SUITABILITY FOR YOUR PARTICULAR NEEDS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, CONTENT, MATERIALS, THIRD-PARTY CONTENT, OR WEBSITES LINKED TO THE SERVICES.
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR:
- errors, mistakes, or inaccuracies of content or materials;
- personal injury, property damage, business loss, financial loss, career loss, or other damages resulting from your access to or use of the Services;
- unauthorized access to or use of our servers, systems, platforms, accounts, or any personal or financial information stored therein;
- interruption or cessation of transmission to or from the Services;
- bugs, viruses, malware, or harmful code transmitted by third parties;
- errors or omissions in any content or materials;
- loss or damage incurred as a result of using any content, materials, strategies, examples, advice, or information made available through the Services.
Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.
25. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, CAREER LOSS, OR OTHER DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED TO THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.
26. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Elearning Secrets Consulting Inc., including our directors, officers, employees, contractors, agents, affiliates, partners, suppliers, and service providers, from and against any loss, damage, liability, claim, demand, cost, or expense, including reasonable legal fees, arising out of or related to:
- your use of the Services;
- your breach of these Terms;
- your breach of any representation or warranty in these Terms;
- your User Materials;
- your violation of the rights of any third party, including intellectual property, privacy, confidentiality, contractual, or publicity rights;
- your violation of any law, regulation, employer policy, professional obligation, or third-party agreement;
- your harmful, abusive, fraudulent, or unlawful conduct toward another user or third party;
- your business, career, financial, legal, tax, employment, or professional decisions.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims.
27. USER DATA
We may maintain certain data that you transmit to the Services for the purpose of managing the Services, delivering products or programs, operating our business, supporting users, and improving performance.
Although we may perform backups or rely on third-party platforms that perform backups, you are solely responsible for keeping your own copies of any information, documents, business materials, worksheets, drafts, or other data you submit to or use in connection with the Services.
We are not liable for loss, corruption, deletion, or failure to store any User Materials or data, except where liability cannot be excluded under applicable law.
Our handling of personal information is described in our Privacy Notice.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the website, submitting forms, booking calls, purchasing products or services, joining programs, creating accounts, sending emails, clicking buttons, checking boxes, signing electronically, or otherwise communicating with us electronically constitutes electronic communications.
You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, invoices, policies, transaction records, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.
You agree to the use of electronic signatures, contracts, orders, checkout pages, payment authorizations, forms, and records, and to electronic delivery of notices, policies, agreements, and transaction records.
You waive any rights or requirements under applicable laws that require an original signature, non-electronic record, or non-electronic delivery, to the extent permitted by law.
29. GOVERNING LAW
These Terms and your use of the Services are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Subject to the dispute resolution provisions below, you agree that any legal action or proceeding arising out of or relating to these Terms or the Services will be brought in the courts located in British Columbia, Canada, and you consent to the jurisdiction of such courts.
30. DISPUTE RESOLUTION
Before filing any claim, you agree to first contact us at support@elearningsecrets.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.
If a dispute cannot be resolved informally, these Terms and any dispute arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.
Subject to applicable law, any legal action or proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the courts located in British Columbia, Canada, and you consent to the personal jurisdiction and venue of such courts.
To the fullest extent permitted by applicable law, and only where enforceable, you agree that any dispute will be brought only on an individual basis and not as a class action, collective action, representative action, or private attorney general action.
Nothing in this section prevents either party from seeking urgent injunctive or equitable relief for intellectual property infringement, unauthorized use, confidentiality breaches, privacy violations, account misuse, non-payment, or other urgent matters in any court of competent jurisdiction.
31. MISCELLANEOUS
These Terms, together with our Privacy Notice, Earnings Disclaimer, applicable refund policy, checkout terms, order forms, written agreements, and other policies or rules posted by us or provided in connection with the Services, constitute the entire agreement between you and us regarding the Services.
Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permitted by law.
We may assign any or all of our rights and obligations to others at any time, including in connection with a merger, acquisition, sale, reorganization, or transfer of business or assets.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We are not responsible or liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control, including acts of God, natural disasters, internet outages, platform failures, vendor issues, payment processor issues, cyberattacks, labor disputes, war, terrorism, government action, pandemic, illness, or other events beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
There is no joint venture, partnership, employment, fiduciary, franchise, agency, or professional-client relationship created between you and us as a result of these Terms or your use of the Services.
You agree that these Terms will not be construed against us solely because we drafted them.
32. CONTACT US
To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Elearning Secrets Consulting Inc.
Email: support@elearningsecrets.com
Mailing address: Sooke, British Columbia
Country: Canada