Terms of Use

Last Updated and Effective as of July 10, 2023.

1. ACCEPTANCE OF THE TERMS OF USE

These Terms of Use (“Terms”) are entered into by and between you and Sidell Enterprises LLC (“we” or “us” or “our”). These Terms, together with any documents they expressly incorporate by reference, govern your access to and use of www.ellinsidell.com, including any content, functionality, and services offered on or through www.ellinsidell.com (collectively, the “Site”).

This Site is an online platform that enables users to research, discover, register for, communicate regarding, receive and manage digitally-enabled coaching services, courses, training, or related activities, materials, or services (“Services”). Your acceptance of, and compliance with, these Terms is a condition to your use of the Site and to receiving the Services.

You must be at least 18 years old and able to enter legally binding contracts to access and use the Site or register for any Services. By accessing or using the Site, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter a contract.

If you choose to use the Site, your relationship with Sidell Enterprises LLC is limited to being an independent user, not an employee, agent, joint venturer, or partner of Sidell Enterprises LLC for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf or for the benefit of Sidell Enterprises LLC.

Please read these Terms carefully before you start to use the Site. Accessing, browsing, or otherwise using the Site indicates your agreement to all the Terms herein. If you do not want to agree to these Terms, we ask that you refrain from using the Site. 

2. CHANGES TO THE TERMS 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page so that you are aware of any changes, as they are binding on you. 

3. PRODUCT AND SERVICE INFORMATION

We attempt to be as accurate as possible; however, occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, and availability.

We, therefore, do not warrant that product or service descriptions and Site content is accurate, free of errors, complete, or current. If any product or service ordered from this Site that you receive is not as described, you may contact us via the “Contact” link at www.ellinsidell.com.

Further, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Site, including without limitation, pricing information, except as required by law.  

4. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was placed.

You agree to provide current, complete, and accurate purchase and account information for all purchases made from this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5. DISCLAIMER OF WARRANTIES

The Site is provided on an “as-is” and “as available” basis, and we expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

6. LIMITATION OF LIABILITY 

To the maximum extent permitted by law, in no event shall we be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action) will at all times be limited to a maximum of 50 U.S. dollars. The existence of more than one claim will not enlarge this limit.

7. PROHIBITED CONDUCT

Certain conduct on the Site is prohibited, including, without limitation:

a. Intellectual Property

The Site and content on the Site may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Site and its content, including all associated intellectual property rights, are the exclusive property of Sidell Enterprises LLC and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and its content. All trademarks, service marks, logos, trade names, and any other source identifiers used on or in connection with the Site belong to Sidell Enterprises LLC. Any trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site are used for identification purposes only and may be the property of their respective owners.

b. Illegal Content

You may not use the Site to engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation:

– Distributing malware or other malicious code.

– Misrepresenting or fraudulently representing products or services.

– Infringing the intellectual property or other proprietary rights of others.

– Disclosing sensitive personal information about others.

– Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.

– Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.

– Facilitating pyramid schemes or other models intended to seek payments from public actors.

– Threatening harm to persons or property or otherwise harassing behavior.

– Purchasing any of the offered Services on someone else’s behalf, with the exception of companies purchasing on behalf of employees or independent contractors.

– Facilitating, aiding, or encouraging any of the above activities through the Site.

c. System Abuse and Service Resources

You may not consume excessive amounts of the resources of the Site or use the Site in any way which results in performance issues or which interrupts others’ use of the Site. Such prohibited activities include, without limitation:

– Use or distribution of tools designed for compromising security of the Site.

– Deliberate attempts to overload the Site.

– Engaging in any other activities that degrade the usability and performance of the Site.

– Hosting or running malicious code or other scripts or processes that adversely impact the Site.

– Operating a file sharing site or scripts for BitTorrent or similar, which includes sending or receiving files containing these mechanisms.

– Use of web proxy scripts, such as those that allow anyone to browse to a third-party website anonymously.

– Intentionally or negligently transmitting files containing a computer virus or corrupted data.

8. TERMINATION AND SURVIVAL

We may, in our sole discretion and at any time, terminate or temporarily suspend your rights under these Terms, including your access to the Site for any reason. We may also, in our sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. You understand and agree that we may take any one or more of these actions without any notice to you, prior or otherwise, and you understand and agree that we shall have no liability to you or any other person for any termination of your, or anyone else’s, access to or use of the Site or parts thereof. You may discontinue your access to, use or participation on the Site at any time.

Even after your use of the Site discontinues, these Terms shall remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

9. INDEMNIFICATION

You agree to indemnify and hold us, our affiliates, subsidiaries, employees, officers, directors, and agents harmless from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from your use of the Site, your connection to the Site, any violation of the Terms by you, or your violation of any rights of another party. We reserve the right 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. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

10. CHANGES TO THE SITE

We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. By continuing to use the Site after we make any such changes, you agree to the updated Terms.

11. PRIVACY PRACTICES

You agree that information provided by you in connection with the Site and  Services shall be governed by our Privacy Policy, available here:  Privacy Policy, and hereby incorporated and made part of these Terms.

12. THIRD-PARTY WEBSITES OR PLATFORMS

The Site may provide links to third party websites. These links are provided only as a convenience. Linked websites are not reviewed, controlled, or examined by us, and we are not responsible for the information, advertising, products, resources, or other materials of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by us. In addition, please be aware that your use of any linked site is subject to the terms and conditions applicable to that site. Please direct any questions regarding linked sites to the webmaster of that site.

Use of the Services may require the use of certain third-party products and services (“Third Party Services”). Use of any Third Party Services is at your sole risk and will be governed by separate terms and conditions, separate privacy policies relating to usage of data you may share through the Third Party Services in the course of using the Services, other applicable policies, and may include separate fees and charges We may display content from third parties thorough the Services or may provide information about or links to Third Party Services. Your interactions with any such third parties and any terms, conditions, warranties, or representations associated with such interactions are solely between you and the applicable third parties. We are not responsible or liability for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Services. If you are not able to access or use the Third Party Services for any reason, you may not be able to use all of the Services.

13. GOVERNING LAW, JURISDICTION, AND VENUE

All matters relating to the Site, the Services, and these Terms and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Florida, regardless of where you live.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Lakewood Ranch and County of Manatee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Any party who unsuccessfully challenges the enforceability of this clause shall reimburse the prevailing party for its attorneys’ fees.

14. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Cookie Policy, constitute the sole and entire agreement between you and Sidell Enterprises LLC regarding the Site and supersede any prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

15. SEVERABILITY

If any term or provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

16. YOUR COMMENTS AND CONCERNS

Any feedback, comments, requests for technical support, and other communications relating to the Site should be directed to us via the “Contact” link at www.ellinsidell.com.