Terms & Conditions
The information contained on this Website and the resources, information, webinars, videos, blog posts, courses, downloads, and/or products available through this Website, whether free or paid, (the “Resources”) are for educational and informational purposes only. No information contained on this website constitutes tax, legal, insurance or investment advice. Visitors to this site should not construe any discussion or information contained herein as personalized advice from The Exuberant Elephant.
Terms & Conditions
These Terms and Conditions of Use (“Agreement”) is a legal agreement between User (hereinafter referred to as “You”, ”Your”) and Lindsey Ciarrocca, LLC D/B/A The Exuberant Elephant (hereinafter referred to as “Website Owner, We, or Our”), the owner and developer of www.theexuberantelephant.com.
The WEBSITE OWNER RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
All website users must be at least 16 years old.
By participating on this website, You understand The Exuberant Elephant is owned by Lindsey Ciarrocca, LLC and is not a financial planning or investment firm. Nothing on this website is investment advice nor should be construed as investment advice.
DIGITAL PRODUCT USE CONSENT
By purchasing our products, You were given reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of any of our products or membership, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of age in our applicable jurisdiction to access Your purchases. Access of purchases and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
Any and all materials, paid or free, that You access on this or any related domains are the sole ownership or licensed use of Lindsey Ciarrocca, LLC D/B/A The Exuberant Elephant.
You are not allowed to reproduce any part of Our product(s) or related communications.
You are receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only, in order to access any content or materials in the products You have paid for or opted to receive.
If your use of Our products is outside of the scope of the original license, We reserve the right to settle the breach of this agreement by sending You an invoice for the licenses you have sent to others.
Licenses for these items are available for purchase, starting at $500 per product. If you choose to take these actions, you will be notified and billed accordingly and access to Our products will be temporarily revoked. You’ll have 14 days to remit payment to Lindsey Ciarrocca, LLC D/B/A The Exuberant Elephant. Once you remit payment, your license will be reinstated. If payment is not remitted within 14 days, we reserve the right to revoke your access to Our product(s) permanently and pursue additional legal action, including but not limited to injunctive relief, civil litigation, and/or criminal prosecution, as applicable under the law.
- Access Your purchases for Your personal use or use in Your business for non-commercial purposes.
- Download and/or print any purchases for Your personal use or in Your business for non-commercial purposes.
You may NOT:
- Re-sell or trade Your access to Your purchases.
- Share Your purchase with anyone else who has not yet purchased it or opted in to receive it.
- Reprint or republish any of your purchases, in part or in whole.
- Distribute any of the materials contained in Your purchases or related materials and/or communications as Your own, otherwise known as stealing.
- Reproduce and tweak any part or whole of Your purchases for distribution as Your own work.
- Claim ownership or use any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of any of Our offerings (and its related communications and materials).
- Use Our offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
If lifetime access was stated at the time of purchase, you will have lifetime access to the version of the Service you are purchasing for as long as the Service exists. This means you are not entitled to future Service updates, bonuses, or additional content added at a later date, unless specified at time of purchase, but you will maintain access to the version of the Service you purchased as long as it exists. If the Service you purchase is retired (discontinued), you will no longer have access to it. Lindsey Ciarrocca LLC cannot guarantee that notice will be provided prior to discontinuing a Service. Lindsey Ciarrocca LLC reserves the right to retire (discontinue) a Service at any time with or without prior notice.
INTELLECTUAL PROPERTY NOTICE
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website. As a condition of your use of the Website, you warrant to Lindsey Ciarrocca, LLC D/B/A The Exuberant Elephant that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms.
All intellectual property on this site is owned by Lindsey Ciarrocca, LLC D/B/A The Exuberant Elephant, including, without limitation, the Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, as well as all designs, text, graphics, other files, and the selection and arrangement, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information and other intellectual property. Unauthorized use of the copyrights and trademarks on this site may constitute copyright or trademark infringement.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format any of the Website content, in whole or in part without our prior written consent. We reserve the right to immediately remove You from the Website and access to any product You’ve purchased, without refund, if You are caught violating this intellectual property policy.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites or online software platforms that We use to advertise or distribute Our offerings and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission.
We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Square, Stripe and PayPal. By utilizing these payment processors to gain access to Your purchases, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
It is agreed that all personal information given to The Exuberant Elephant, will be kept confidential by The Exuberant Elephant, with the following exceptions: (1) You actively chose to post your personal information for others to see; (2) you have harassed another person via any service provided by The Exuberant Elephant in which case the confidentiality clause contained in this Agreement is rendered null and void.
We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, The Exuberant Elephant does not make any warranty, express, implied, limited or other with respect to the programs, products, or services provided. You agree that programs, products, services, or program materials are provided “as is” and without warranties of any kind either express or implied. Specifically, The Exuberant Elephant does not warrant that the programs, products, services will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected, or that any part of the website, or content are free of viruses or other harmful components.
LIMITATIONS OF LIABILITY AND INDEMNIFICATION
By using any services provided by The Exuberant Elephant, you agree that in no event will The Exuberant Elephant, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your access to the website and using any of the purchases.
Your sole remedy for any breach or default of this Agreement by The Exuberant Elephant, shall be a return of the fees paid to The Exuberant Elephant for any purchases provided under this Agreement.
You indemnify and agree to defend and hold harmless The Exuberant Elephant, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of The Exuberant Elephant including any breach by you of the Terms contained in this Agreement.
In accordance with Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials appearing on this website are received in various forms via a variety of submission methods.
The testimonials, statements, and opinions presented on www.theexuberantelephant.com are applicable to the individuals who wrote it. Results vary and may not be representative of the experience of others. The testimonials are voluntarily provided and are not paid, nor were they provided with free products or services, or any benefits in exchange for their statements.
The testimonials are representative of client and student experiences but the exact results will be unique and individual to each customer.
The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information that is of no relevance to the general public.
We make no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through our communications or your participation in the purchase of any of our products. Past results are not an indication or promise of your results. Therefore, We cannot guarantee Your success merely upon access or purchase to Our offering(s) or related material(s).
At The Exuberant Elephant, we strive to deliver high-quality services and ensure client satisfaction. We want you to be satisfied with your purchase. We take Your investment seriously, and We’d appreciate it if You took Our investment of time and resources into Your success seriously, too. Please review the policies below for specific purchase types.
Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
Once coaching services have been rendered, there are absolutely no refunds. We firmly believe in the value and effectiveness of our coaching, and the results achieved depend on your commitment, openness to being coached, and willingness to put in the necessary effort.
While we cannot guarantee specific results in a coaching relationship, we are dedicated to supporting you throughout the process and providing valuable guidance. We strive to deliver the agreed-upon services and assist you in your money growth journey.
If, after working with us, you find that you are not completely satisfied with your investment and are on a payment plan, you may request that we stop collecting future payments. However, please note that any services already rendered up to that point will not be eligible for a refund.
For clients who have made a payment in full and are unsatisfied with the coaching or consulting sessions, you may request a refund for any sessions that have not been rendered. We understand that circumstances may change, and we want to ensure your satisfaction with our services.
To request a refund or stop future payments, please contact our customer support team at firstname.lastname@example.org. We will review your request promptly and work with you to find a suitable resolution.
Digital Products and Courses
Due to the nature of digital content, all purchases of digital products, courses and templates from our Site are final. Refunds will not be given unless otherwise specified in writing. We will only offer refunds in limited circumstances at our discretion. In the event You wish to request a refund, you can do so by emailing email@example.com.
As you will receive access to our courses and products immediately when you complete your purchase, we do not, under any circumstances, offer refunds for a change of mind or change of circumstance. Therefore, it is in Your interest to carefully review the course contents, contact us with any questions, and ensure the course is suitable for Your needs before purchasing.
If you are unable to download the digital product please contact The Exuberant Elephant at firstname.lastname@example.org within 7 days for assistance.
Gift Cards and Store Credit
Gift cards may be purchased inside The Exuberant Elephant SHOP for future use towards any products sold in The Exuberant Elephant SHOP. Store credits may be issued for a variety of customer service reasons such as a duplicate purchase or credit towards an upgraded program. Store credit is for future use towards any product sold in The Exuberant Elephant SHOP. Gift cards and store credit are valid for twelve months after the date of issue. Gift cards and store credit are not redeemable for cash. There are no refunds on gift cards bought through The Exuberant Elephant SHOP.
We value your trust and appreciate your understanding of our refund policies. If you have any questions or concerns regarding our services or refund process, please don't hesitate to reach out to our customer support team.
Please feel free to contact us at email@example.com if you have any questions before you make your purchase.
You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our the materials afforded to You in exchange for Your original purchase. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
If You have signed up for a payment plan or a subscription, You hereby authorize Our continued access to Your financial information stored by Our third-party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
Payment plans are something that we offer within our business to make our products more accessible to you. They are not an option to try before you buy or an option for pay-as-you-go services. When you enter into a payment plan with us you are agreeing to pay the whole price for the product. You are required to pay all of the payments on time, across the duration of your chosen payment plan until full payment has been made. If you default on your payment plan, you will receive an automated email notifying you that your payment has failed. Our system will automatically attempt to take the payment again three more times over the next week. Should all those payments fail, we reserve the right to immediately revoke access to the product and you will be required to pay the outstanding balance of your payment plan in full to regain access.
This Agreement or any dispute arising from this Agreement is governed by the laws of Pennsylvania, without regard to provisions of conflicts of law.
You certify that you are at least 18 years of age and that your answers to the registration materials on The Exuberant Elephant will be truthful. In accessing and using The Exuberant Elephant, you understand and agree that basic information concerning you, given to The Exuberant Elephant could be published on the website for others to view. Your name, address and e-mail address are kept confidential, except where provided above.
ALL RIGHTS RESERVED
Address: 1143 Redwood Drive, Carlisle, PA 17013, USA.