Please read these Terms and Conditions before purchasing, accessing, or using any of our products and services.
Our products and services are owned and operated by Jihi Elephant© (“we”, “me”, “I’, or “us”). Terms such as “you” refers to any purchaser and/or user of our products and/or services.
Our products and services and their material are the property of Jihi Elephant and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws.
The content in our products and services are solely owned by or licensed to use unless otherwise indicated. This content includes, but is not limited to: the design, layout, look, appearance, graphics of our materials and any other aspects of materials provided by use to you.
If you purchase or access any of our materials through our products or services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our products or services or any other materials in a manner that constitutes as infringement of our rights or in a manner that has not been authorized by us.
You are permitted to use our products, services, and other materials as follows:
You may download and /or print the materials for you own personal use.
You are not permitted to share, sell, reprint, or republish any other of our materials, including handouts, for resale or mass reproduction purposes for your own business use.
Any trademarks, taglines, and logos displayed on our materials belong to us. Any use including framing, meta tags or other text utilizing these trademarks, taglines, or logos is strictly prohibited without our express written consent, or permission granted herein.
All rights not expressly granted in these terms or any express written license are reserved by us.
As a licensee, you understand and acknowledge that our products, services, and related material have been created, developed, or obtained by us through the investment o significant time, effort, and expense, and that this information is a valuable, special, and unique asset of our which needs to be protected from improper and/or unauthorized use.
When you purchase our products or services, you agree that you are clearly and expressly prohibited from doing the following:
- You will not copy, share, or steal our products, services, or materials, or any parts of them
- You will not in any way use, copy, adapt, or represent any of our products, services, or materials in any way as if they are yours or created by you.
- You will not engage in improper and/or unauthorized use of our products, services, or materials. Improper and unauthorized use includes, but is not limited to, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any materials or any other information accessed or purchased through our products, services, or other communications provided by use for your own personal use, business/commercial use or in any way that earns you money.
- You will not duplicate, share, trade, sell, or otherwise distribute our products, services, or other materials to any other person for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the materials for their own personal use or business/commercial use. This means that you cannot share or sell any part of our products, services, or materials to someone else so that they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our products, services, and materials.
- You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our products, services, or materials for your own training purposes in no ways gives you any copyright, trademark, intellectual property or ownership rights of our products, services, or materials.
- You will not reprint or republish any part of our products, services, or materials for publication or compilation into your own products, programs, services, or materials for your own personal use or business/commercial use or in any way that earns you money
- You will not use our products, services, or materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
You may establish a hypertext link to our website or content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our website or content and does not state or imply that we have sponsored, endorsed, or have ownership rights in your website. However, you may not frame or inline link our content without our written permission.
By posting or submitting any material on or through our products, services, or materials, such as comments, posts, photos, images, or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you submit to use or post any comment, photo, image, video, or any other submission for use on or through our website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future programs, products, services, and/or materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights, or any other of your intellectual property rights under any relevant jurisdiction without any further permission from your or compensation by use to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos, or other contributions by name, email address, or screen name. you acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our products, services, and/or materials at any time for any reason whatsoever.
BY participating in our products, services, or by using our materials, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice, and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and/or audio recordings and/or any other materials submitted by you to use in connection with your participation in our services or products in our current or future services or products, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Any request for written permission to use our products, services, or material, in whole or in part, or any other intellectual property or property belonging to use (“content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this website, or by sending an e-mail to firstname.lastname@example.org
If you are granted permission by us, you agree to use the specific content that we allow and ONLY int eh ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our products, services, or materials.
When you purchase our products, services, or materials, we may seek and collect personal data and information including but not limited to your name, email address, phone number, billing information, credit card or payment information, demographic information, preferences, interest, or other personally-identifying information (“confidential information”).
By providing such confidential information to us, you grant us permission to use and store such confidential information. We, in turn, will use our best efforts to keep your confidential information safe, secure, and confidential. We take precautions to protect such confidential information. When you submit confidential information via our products, services, or materials, we take measures to protect the security of your confidential information both online and offline.
However, due to the nature of the internet, we cannot completely ensure or warrant the security of your confidential information or of any other data or information transmitted to us or through our services; therefore submitting confidential information, data, or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third-party arising out of any such loss, misuse, or alteration.
As a licensee, you agree that you are using your own judgment in using our products, services, and materials and you agree that you are doing so at your own risk. Our products, services, and materials are for organizational, informational, and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our products, services, and materials. Our products, services, and materials are merely to provide you with organizational tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions, and results based on the use, misuse, or non-use of our products, services, and materials.
We take every precaution to protect our products, services, and materials; however, due to the nature of the internet we cannot completely ensure or warrant the security of the products, services, and materials or the contributions or information transmitted to us on or through our website or our products, services, and materials. Submitting contributions, or information on or through our products, services, and materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company, or entity arising out of use of our products, services, and materials and you agree that you are assuming such risks.
Our products, services, and materials are for information, organizational, and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss, or damage incurred b you or others in connection with our products, services, and materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other product, service, materials participant or user, including you.
Our products, services, and materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our products, services, and materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our products, services, or materials, or other information received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Our products, services, and materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our products, services, and materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our products, services, and materials. You are solely responsible for your results.
You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in or the use of our products, services, and materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our products, services, and materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our products, services, and materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
We make no warranties as to our products, services, and materials. You agree that products, services, and materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the products, services, and materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our products, services, and materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
We try to ensure that the availability and delivery of our products, services, and materials is uninterrupted and error-free, including our content and communications through methods like our Website, e-mail communications, videos, audio recordings, webinars, recorded webinars, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our products, services, and materials become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our products, services, and materials inaccessible to you.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our products, services, and materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
We may provide links and pointers to other websites maintained by third parties that may take you outside of our products, services, and materials. These links are provided for your convenience and the inclusion of any link in our products, services, and materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our products, services, and materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise, that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
By purchasing and/or using our products, services, and materials in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website.
You agree at all times to defend, indemnify and hold harmless Jihi Elephant, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to our products, services, and materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our products, services, and materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged in rendering our products, services, and materials, or in any way or in any location. In the event that you use our products, services, and materials or any other information provided by us or affiliated with us, we assume no responsibility.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our products, services, or materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
You are agreeing that you will not use our products, services, or materials in any way that causes or is likely to cause the products, services, or materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You must use the products, services, or materials for lawful purposes only. You agree that you will not use our products, services, or materials in any of the following ways:
- For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others
- To send, negatively impact, or infect our products, services, or materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your contributions
If you have a question or concern about your products, services, or materials, you may send an e-mail to email@example.com and we will do our best to reply to your question or concern promptly.
If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your products, services, or materials without any additional authorization, for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a fourteen (14) day grace period to make the payment otherwise the products, services, or materials will not continue and we reserve the right to cease your access immediately and permanently.
All information obtained during your purchase or transaction for our products, services, or materials and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our products, services, or materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our products, services, or materials (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our products, services, or materials, and all purchase terms, conditions, representations or warranties associated with the payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant. Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our products, services, or materials, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at firstname.lastname@example.org and include all of your reasons for dissatisfaction with your Product(s). You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment of any court having the appropriate jurisdiction.
By purchasing our products, services, or materials you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Durham, North Carolina and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our products, services, or materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our products, services, or materials, (3) to periodically send promotions about new products, services, or materials or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective products, services, or materials you purchase or use according to your interests and/or (6) for support or communication related to your products, services, or materials.
All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff, and affiliates, and those who manage the data management system may have access to your Confidential Information.
Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our products, services, or materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our products, services, or materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our products, services, or materials.
To use certain features of our products, services, or materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change the username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the products, services, or materials, Website, private forum, or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our products, services, or materials, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
At this time, Shop Jihi Elephant does not have any products that can be returned, as these are downloadable products only.
Because Shop Jihi Elephant products are downloadable and cannot be returned once purchased, we do not provide a refund for our products. Please understand that once you have downloaded the product(s) there is a no-returns policy.
By downloading our products you have agreed to the return and refund policy as stated above.
Because Shop Jihi Elephant products, services and materials are currently digital download or online only products, services, and materials, we do not charge for or provide shipping and delivery.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our website, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our website. Users may be asked for, as appropriate, email address. Users may, however, visit our website anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain website related activities.
We may collect non-personal identification information about Users whenever they interact with our website. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our website, such as the operating system and the Internet service providers utilized and other similar information.
The company may collect and use Users’ personal information for the following purposes:
- To improve customer service. The information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize the user We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our website.
- To send periodic emails. We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our website.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our website.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Users may find advertising or other content on our website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our website. In addition, these websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our website, is subject to that website’s own terms and policies.
By using this website, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our website. Your continued use of the website following the posting of changes to this policy will be deemed your acceptance of those changes.