TERMS & CONDITIONS
BY VISITING www.ELAINAK.com, YOU ARE CONSENTING TO OUR
TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to Elaina K. The term the “Site” refers to www.ElainaK.com The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The term, “Services” include, but are not limited to, Spiritual Coaching, Reiki, Intuitive Readings, Spiritual Online Classes, Spiritual Videos for Enrichment, and Meditations.
Use of www.ElainaK.com, including all materials presented herein and all online services provided by Elaina K., is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to [insert subject matter] and other information are subject to change. Elaina K. makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Elaina K. disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Elaina K. will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
By enrolling in any service, class or program you agree to our terms and conditions. We will email you to confirm the placement of your order and with details concerning product delivery, service, or membership into any of the Online Groups with Elaina K. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Be sure to check your junk or spam folders if you do not receive the email confirmation within 24 hours of booking, ordering, or enrolling through the site.
CANCELLATIONS, MEMBERSHIP, REFUNDS & RETURNS
Here at Elaina K. it is our goal to provide you top quality service to all customers that purchase any Online Spiritual Class, Spiritual Coaching, Reiki and Intuitive Reading Services. It is asked that all clients who purchase any class, program or session are asked to pay in full when purchasing. Furthermore, if any client is expelled from any class, program or session due to misconduct or behavior, there are no refunds that will be required to be given back.
“7 Day Inspire” Program Access, Payments, Cancellations and Refunds
Clients who purchase the “Inspire” Facebook Class must do the following:
Request to be added to the “7 Day Inspire” Facebook page at https://www.facebook.com/groups/7dayinspire/
Pay in full with Venmo or Paypal
Once granted into the “7 Day Inspire” program, it is understood that the immediate granting into the program allows the client to have full access to all of the “7 Day Inspire” materials. Because of this immediate granting to program and materials, there are no refunds given for the program. So please be 100% sure before opting to purchase a class or program. The program allows members to be a lifetime member once in the program. Elaina K. has the right to change this at
“New Moon Enchantment” Program Access, Payments, Cancellations and Refunds
Clients who purchase the “New Moon Enchantment” Facebook Class must do the following:
Request to be added to the “New Moon Enchantment” Facebook page at https://www.facebook.com/groups/newmoonenchantment/
Pay in full with Venmo or Paypal
Once granted into the “New Moon Enchantment” class, it is understood that the immediate granting into the program allows the client to have full access to all of the “New Moon Enchantment Class” materials. Because of this immediate granting to program and materials, there are no refunds given for the program. So please be 100% sure before opting to purchase a class or program. Furthermore, no refunds will be given to any participant that has been expelled from any program.
“The Works” Program
Clients who wish to purchase “The Works” session must do so through the Acuity Scheduling App. In order to book an appointment, the client must pay for the session in full. The client has 48 hours to cancel and reschedule any session with accruing any fee. Failure to make the appointments on the appointed time and day, will result in the loss of that appointment without refund. It is the clients responsibility to make and keep appointments with Elaina K. Elaina K. will give each client up to 5 minutes to make the appointment, after this, the client will not receive a refund and will not be allowed to make up any sessions. Please understand that Elaina K. has back to back appointments with clients that does not allow Elaina K. to wait.
Clients who wish to purchase “The Works” session must do so through the Acuity Scheduling App. In order to book an appointment, the client must pay for the session in full. The client has 48 hours to cancel and reschedule any session with accruing any fee. Because the sessions are not conducted in person, all sessions are done remotely. Furthermore, Elaina K. will perform the session for the date and time that the client has purchased. Each client will be responsible to understand that the Reiki will be performed without the need for the client to be in contact during the session. It is up to the client to be “ready” to receive the benefits of the service. This may include going on their daily activities even during the session date and time; meditating, sitting or laying down all while the session is being conducted during the specific date and time. It is solely up to the client to be 100% responsible on how they receive the benefits of the Reiki Session. Because Elaina K. has no way of knowing if a client is “attending” the Reiki session, there are no refunds for this service.
Clients who wish to book an Intuitive Reading with Elaina K. must do so through the Acuity Scheduling App. In order to book an appointment, the client must pay for the session in full. The client has 48 hours to cancel and reschedule any session with accruing any fee. Failure to make the appointments on the appointed time and day, will result in the loss of that appointment without refund. It is the clients responsibility to make and keep appointments with Elaina K. Elaina K. will give each client up to 5 minutes to make the appointment, after this, the client will not receive a refund and will not be allowed to make up any sessions. Please understand that Elaina K. has back to back appointments with clients that does not allow Elaina K. to wait.
Clients who wish to purchase the Spiritual Coaching Program with Elaina K. can book the program through the Elaina K. website using the Acuity Appointment Scheduler. It is the clients responsibility to make and keep appointments with Elaina K. Failure to make the appointments on the appointed time and day, will result in the loss of that appointment without refund. Failure to make the appointments on the appointed time and day, will result in the loss of that appointment without refund. If the client needs to reschedule a previously scheduled call, please give Elaina K. at least 48 hours’ notice, by logging into the Acuity Appointment Scheduler and rebooking a new appointment as well as canceling the appointment that needs to be rescheduled. If the client has an emergency (illness) Elaina K. is flexible and will work with the participant. Otherwise, missed appointments and calls cannot be made up.
All clients will have Elaina K.’s cell number and email address for the purpose of the session(s). All appointments are able to be conducted by phone, Facetime or Zoom.
If at any point the client chooses to end the coaching contract with Elaina K., the client must pay the portion of the program that was completed. Example below:
If the client completed any portion or completed the full portion of Week 1, the client will only be refunded $287.50 which includes cancellation fee of $50.
If the client completed any portion or completed the full portion of Week 2, the client will only be refunded $175.00 which includes cancellation fee of $50.
If the client completed any portion or completed the full portion of Week 3, the client will only be refunded $62.50 which includes cancellation fee of $50.
There is no cancelation allowed once the final day Week 3 is completed. All refunds are not allowed and the program is to be paid in full.
Elaina K. reserves the right to update, modify, reduce or expand any program and membership content at any time in the Elaina K. Programs, Classes, Facebook Groups without prior notice.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Elaina K. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Elaina K. remains yours to the extent that you have any legal claims therein. You agree to hold [insert your company name] harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Elaina K., including trademarks, copyrights, proprietary information, and other intellectual property. You may 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 whatsoever any of the Site or Service
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, [INSERT YOUR COMPANY NAME] IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ELAINA K. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ELAINA K’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ELAINA K., AND IF NO PURCHASE HAS BEEN MADE BY YOU [INSERT YOUR COMPANY NAME]’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Elaina K. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation,attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and [insert your company name] pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by [insert your company name] shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by [insert your company name].
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
290 E L. Street #2326
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of [insert your state] as applied to contracts that are executed and performed entirely in [insert your state]. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be [insert your county] County, insert your state]. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
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.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: April 2020
RIGHTS FOR MEMBERSHIP/ACCESS TERMINATION:
Inappropriate Comments or Behavior
Unprofessional Communication Style
Lack of Respect towards Elaina K. or other members in any Online Group or Class
Breaking any Agreement
Sharing of class downloads, workbooks or any other downloadable content offered by FSTI
And other reasons at our discretion
There are currently no governing bodies, organizations or agencies that standardize certifications for Intuitive Readers, Psychics, Spiritual Coaching, or Reiki Practitioners. Elaina K. uses her natural abilities to perform all services in a highly and ethical manner. Elaina K. has studied all areas of service through the use of other classes, teachers and books. It is required in order for any Reiki Practitioner to perform any service, they must receive Reiki Level I and II from a Certified Reiki Master.
This website/blog/email series is an educational and informational resource for all possible Clients or Spiritual Seekers of Elaina K. It is not a substitute for working with a Licensed Therapist. I cannot guarantee the outcome of following the recommendations provided and my statements about the potential outcome are expressions of opinion only. I make no guarantees about the information and recommendations provided herein. By continuing to use/read/participate in this website/ blog/email series you acknowledge that I cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within my control. Therefore, following any information or recommendations provided on this website/blog/email series are at your own risk. If you need legal, medical or personal advice, you should hire a licensed doctor or therapist or other professional.
By participating in/reading my coaching service/website/blog/email series, you acknowledge that I am not a licensed psychologist or health care professional and my services do not replace the care of psychologists or other healthcare professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. I will at all times exercise my best professional efforts, skills and care. However, I cannot guarantee the outcome of coaching efforts and/or recommendations on my website/blog/email series and my comments about the outcome are expressions of opinion only. I cannot make any guarantees other than to deliver the coaching services purchased as described.
SERVICE, CLASS OR PROGRAM DESCRIPTIONS
I aim to describe and display my services as accurately as possible. However, I cannot guarantee that the services will be completely accurate. Likewise, I cannot guarantee their uses for your particular circumstances and purposes. Please do not accept that the service descriptions contained on this website/blog/newsletter are entirely accurate, current, or error-free. Occasionally, I may correct errors in pricing and merchandise descriptions.
All inquiries about these terms, conditions, policies and procedures must be made in writing via email to Elainahk11@yahoo.com within 72 business hours of the event, incident, etc. for remedy.
Elaina K. content is copyrighted by and is protected under the US Copyright Act of 1976 and all other applicable international, federal, state and local laws, with ALL rights reserved. No part of the Elaina K. content and materials may be copied, or changed in any format, sold, distributed or re-purposed in any way.