References to “Elana B or ElanaB.com” in this document mean and refer to the company Elana B., and/or our website www.ElanaB.com.
ElanaB.com reserves the right to make changes to this Site and its Notices and Policies at any time. Each time you use this Site, you should visit and review the current Notices and Policies that apply to your transactions and use of this Site. If you do not agree to be bound by the then current Notices and Polices, your sole remedy is not to use this Site. ElanaB.com is not responsible for typographical or photographic errors on this Site.
Registration Data and Privacy
In order to use the services on this Site, you may be required to use an account email and password. You may do this by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate. You are responsible for maintaining and updating your Registration Data to keep it current, complete, and accurate.
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your password to anyone. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We are not responsible or liable for any loss or damage arising from activities under your account or password.
You may not transfer or share your account or password with anyone. We reserve the right to immediately terminate your account if you do transfer or share your account. If your password has been compromised for any reason or you feel your account may have been compromised in some way, you should immediately notify us at support@ElanaB.com.com and change your password.
LINKS TO THIRD-PARTY WEB SITES
This Site contains links to other sites operated by third parties, including third-party sites that display ElanaB.com™ trademarks (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.
Elana B., ElanaB.com and its owner EKW does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site from this Site does not constitute sponsorship, endorsement, approval or responsibility of any such Third-Party Site. ElanaB.com makes no representation or warranty as to any products or services offered on any Third-Party Site.
By using this Site to search for or link to a Third-Party Site, you agree and understand that you may not make any claim against Elana B. ElanaB.com, the site’s owner, heirs or assigns, for any damages or losses whatsoever resulting from your use of this Site to obtain search results and/or to link to a Third-Party Site or purchases from a third party site. However, if you have a problem with a link from this Site, please let us know at support@ElanaB.com and we will investigate and take appropriate action.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of this Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, delivery failure, or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL ELANA B, ELANAB.COM OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHERMORE, ELANA B. AND ELANAB.COM SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Participation in Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with any and all local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Terms and Conditions of Sale
- 1. Your Account: You must set up an account at www.ElanaB.com. to purchase books, goods and services and or monthly subscriptions, prizes, freebies or awards from the Site. ElanaB.com reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders, in its sole discretion.
- 2. Pricing: All prices are listed in U.S. Dollars.
- 3. Product Descriptions: We attempt to be as accurate as possible in describing the goods and services available for purchase. However, we do not warrant the descriptions. If the product or service you purchase is not as described, your sole remedy is to return it to us as per the return policy provided below. If the product or service is purchased from a third party through the Site, you must follow the return instructions for that party.
- 4. Purchase Price: You agree to pay the purchase price of the goods/services as set forth in the order confirmation generated when you complete the checkout process.
- 5. Sales Tax: Sales tax is collected by ElanaB.com on orders delivered to addresses in states required by law. You are responsible for any use or similar tax imposed by any other jurisdiction on purchases from the Site.
- 6. Payment Methods: Payments shall be made by credit card or other permitted payment methods, including checks. We use PayPal as our main credit card transaction company. Payment information transmitted to us is submitted via a secure connection, which encrypts all submitted information.
- 7. Troubleshooting: Because of security and privacy requirements, your bank cannot disclose information to us about why your payment was declined. To solve most payment issues, please contact your bank directly.
- 8. Conditions of Sale: We do not sell products for children, but we do sell them to adults who can purchase with a credit card or other permitted payment method. If you are less than 18 years of age, you may use the Site only with the involvement of your parent or guardian. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases) at the rates in effect when the charges are incurred. Goods ordered for delivery outside of the United States may be subject to import duties and taxes, which may be levied when the package arrives at the destination that you specify. Any charges for customs clearance will be borne by you, as we cannot control such charges and do not calculate or assess the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the destination country for additional information. Please also be aware that you will be considered the importer of record and must comply with all laws and regulations of such country. If you wish to dispute a charge, you must notify us in writing within 7 days after receiving the credit card statement that includes the charge, or such dispute will be deemed waived.
- 9. Payment Terms: The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at checkout. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.
- 10. Delivery: Unless otherwise agreed in writing, delivery shall be made in accordance with our shipping policy in effect on the date of shipment. Delivery dates are estimates only. We will make reasonable efforts to deliver in accordance with such dates; however, we will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing, goods shall be packaged according to our standards and practices. We use USPS priority delivery standard, but we can use another carrier if specified. Please contact support at support@ElanaB.com.com to request different shipping methods or questions/and or problems with any shipping problems or defective books.
- 11. Acceptance: Your receipt of an order confirmation does not constitute our acceptance of your order or constitute a confirmation of our offer to sell. We reserve the right to accept or decline the order for any reason, or ship less than the quantity ordered. Your order will be deemed accepted by us upon delivery of the products that you have ordered.
- 12. Return Policy: We are very concerned about your satisfaction and acceptance of our product. If goods purchased from www.ElanaB.com.com (as opposed to a third party) arrive damaged or with a manufacturer’s defect, we will be happy to provide you with a replacement or a refund if you contact us within 5 days of receipt. Goods sold on the Site by third parties are subject to the seller’s return policy if any. Please contact support at support@ElanaB.com. with any problems related to your book or delivery status. Please note that we cannot provide refunds or cancel orders and that, except for the situations expressly described in this return policy, we cannot otherwise accept returns.
- 13. Title and Risk of Loss : All goods purchased from the Site are shipped pursuant to a shipment contract. This means that the title and risk of loss for the goods pass to you upon delivery to the carrier for shipment or delivery to you.
- 14.ELANA B and ELANAB.COM, if applicable for newsletters and other promotional aspects, is a monthly, reoccurring service which can be cancelled at the end of each month. At any time, and without cause, subscription to the Website may be terminated by ELANA B or ELANAB.COM, the site, or the subscriber upon notification to the other by electronic or conventional mail. When the member requests the termination, if this is for a subscription fee, these Fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service. If you request cancellation or request a refund from ELANA B or ELANAB.COM, your bank, card issuer, or phone company due to unauthorized or fraudulent use, ELANA B or ELANAB.COM can at its discretion, to prevent further unauthorized use, block your information from use at all ELANA B and ELANAB.COM Clients’ websites. This will not, however, prevent unauthorized use at non-ELANA B and ELANAB.COM Clients’ websites, and is not a substitution for your contacting your appropriate channels to prevent further misuse. If you are taking advantage of a “Free” trial period through a credit card, please be aware of the following: ELANA B and ELANAB.COM will request and your bank will immediately put a “Reserved Funds” hold on your credit card for the amount of the subscription or workshop plan you have selected. If this is a free trial, and is cancelled within the timeframe allowed by the Website, it typically takes the banking system 7 to 10 days to remove the credit card hold from these funds. Please understand that ELANA B and ELANAB.COM has no way to remove this hold. During the trial period and for a minimum of 7 to 10 days after you cancel, these funds are considered out of your bank even though technically they are still there, and you could overdraw or exceed the limits of your account. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account. If you are ordering Tangible Items, please be aware that ELANA B and ELANAB.COM will charge your account immediately for the amount of the transaction even though the items may not have yet been shipped. You will be notified by the Seller when the items you have ordered have been shipped.
- 15.When the member requests the termination, subscription fees are NOT refundable. Should a refund be issued by ELANA B and ELANAB.COM, all refunds will be credited solely to the payment method used in the original transaction. ELANA B and ELANAB.COM will not issue refunds by cash, check, or to another credit card or payment mechanism.
PRIVACY, SECURITY, AND CONDUCT ON SITE
By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account, and you accept responsibility for all activities that occur under your account and password. If you access this Site on a public computer or use a computer to which multiple people may have access, follow all relevant instructions to sufficiently disconnect and log off of this Site and the computer system you are using to prevent unauthorized access to your ElanaB.com account.
Unlawful activities on this Site are strictly prohibited. This includes tampering with this Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities.
Site users are prohibited from violating or attempting to violate the security of this Site, including without limitation: (1) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (2) using this Site for unintended purposes or trying to change the behavior of this Site; (3) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (4) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and (6) forging communications on behalf of this Site (impersonating this site) or to this Site (impersonating a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of ElanaB.com, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software or routing data to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents provided by ElanaB.com or publicly available browsers.
Content that does the following types of things is illegal and/or prohibited on this Site:
- Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Is or could be harmful to minors, including material that exploits persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone’s privacy; providing or creating computer viruses;
- Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
- Harasses or advocates harassment of another person;
- Displays pornographic material of any kind;
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- Promotes information that you know is false, misleading, or promotes illegal activities or conduct, or is abusive, threatening, obscene, defamatory or libelous;
- Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, provides information to circumvent manufacturer-installed copy-protect devices, or provides pirated content or links to pirated content files;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); and
- Engages in commercial activities and/or sales relating to ElanaB.com without ElanaB.com’s prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes.
U.S. EXPORT CONTROLS
Certain software and similar materials (“Software”) that you may download from this Site may be further subject to United States Export Controls. No Software from this Site may be downloaded or exported contrary to any applicable export law, including any applicable prohibitions against download or export as follows: (1) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using Software downloaded from this site, you agree to abide by the applicable laws, rules, and regulations – including the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of law.
THE WARRANTIES WE MAKE ARE THOSE IN EFFECT IMMEDIATELY AT THE POINT OF PURCHASE