Terms and Conditions

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TERMS AND CONDITIONS FOR REBECCA ELIAS

A. Terms and Conditions of Use

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.   IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

B. Restriction on Use

All pages within this Website and any material made available for download (collectively the “Site”) are the property of Rebecca Elias dba Quantum Balance and/or her affiliates (collectively “Elias”). The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Elias. The Site is for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Elias.

C. Trademarks 

Energy Codes Coaching logo and Energy Codes trademark is the property of Dr. Sue Morter, and service marks of Elias dba Quantum Balance are property of Rebecca Elias. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

D. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

ELIAS AND HER SPONSORS, IF ANY, ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Elias attempts to ensure the integrity and accurateness of the Site, she makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Elias, so that it can be corrected. Information contained on the Site may be changed or updated without notice.

E. Confidential and Proprietary Information

Elias does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Elias through the Site will be deemed NOT to be confidential. By sending Elias any information or material, you grant Elias an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Elias is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

F. Links or Pointers to Other Sites 

Elias makes no representations whatsoever about any other Website that you may access though this Site and/or through any email correspondence sent directly by rebeccaelias1@sbcglobal.net. When you access a non-Elias Website, please understand that it is independent from Elias, and that Elias has no control over the content on that Website. In addition, a hyperlink to a non-Elias Website does not mean that Elias endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.  

G. Choice of Law and Venue

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Except for any dispute arising out of or related to the Coaching Services Agreement, each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Diego in the State of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

H. Entire Agreement

These Terms and Conditions constitute the entire agreement between Elias and you pertaining to the subject matter of these Terms and Conditions. In its sole discretion, Elias may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.  

I. No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to Elias that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

J. Indemnification  

You agree to indemnify and hold Elias and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of the Terms and Conditions, or any of them, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO ELIAS AS WELL AS HOLD ELIAS HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS’, OR ANY OTHER EXPENSES WHATSOEVER WHICH ELIAS MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, PERFORMANCE UNDER THESE TERMS AND CONDITIONS OR YOUR USE OF THE APPLICABLE WEBSITES, PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM ELIAS’ SOLE OR COMPARATIVE NEGLIGENCE.

K. Health Disclaimer

The Website is intended for informational purposes only. The content of the Website is not intended to be a substitute for professional medical advice, diagnosis or treatment. Reliance on any information provided on the Website is solely at your own risk. Elias and her affiliates, licensors, suppliers, agents, if any, do not directly or indirectly practice medicine or provide medical services in connection with the operation of the Website. You should never disregard the advice of a medical professional or delay seeking such advice as a result of something contained in this Website.