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Elite Mental Edge Terms and Conditions
Welcome to www.elitementaledge.com operated by Elite Mental Edge (Elite Mental Edge, “us”, “we”, “our”). Our services are offered to “you” the “consumer” and “you” the as your acceptance without modification of these terms and conditions, notices contained herein (the “Terms”). Your use of www.elitementaledge.com constitutes your agreement to all such Terms. Please read and review these terms carefully and keep a copy of them for your reference. If you do not agree to these terms, please do not use our website or any services or any information. Also, be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you. If you have any questions regarding these terms, you may contact us via email. Elite Mental Edge provides virtual reality relaxation and reiki experiences in the comfort of your home. This website is solely used for information and booking purposes.
This website exists to help you research and learn more about mental performance training, as well as neuro training devices, all of which admit some type of light, sound, frequency, or vibration. The information on, or linked from, www.elitementaledge.com should not be construed as medical advice. The information, services, and products are provided for educational, training, and research purposes only and by using this website you accept all responsibility for any actions you may take. No claims for any purpose are stated or implied, and Elite Mental Edge is in no way responsible for the information supplied or use of the services and products for anything beyond responsible research.
Children Under Thirteen
We do not knowingly personally collect information from children under the age of thirteen. Children under the age of thirteen, must get permission from their parent or guardian to use our Site.
By visiting www.elitementaledge.com or sending emails to Us constitutes electronic communication. You also are consenting to receive electronic communications and you acknowledge and agree to all notices, communications, disclosures, and agreements that we provide to you electronically, on this Site and email.
We have a 24-hour cancellation policy with NO exceptions. We understand that emergencies arise but ask that you give us a 24-hour notice to cancel and reschedule your services. If you cancel without a 24-hour notice or are a No-show, your session will NOT be refunded, and your session will be forfeited. We do NOT refund gift certificates after they are purchased, and they do not loose monetary value. There are NO refunds are any services that have already been received.
Health and Safety
Please read and follow all operating instructions and safety warnings provided to use any virtual reality equipment and its virtual content. Any mental performance training, as well as neuro training devices, all of which admit some type of light, sound, frequency, or vibration. VR equipment and its content produce an immersive virtual reality experience, and users may have certain reactions to that experience, including eye strain, nausea, motion sickness, seizures, disorientation, vertigo, headaches, anxiety, general discomfort, or other physical, mental or health-related injuries. These reactions may be triggered when view VR content for a sustained period or a brief time. If you experience any of these symptoms immediately stop viewing VR content. Do not operate machinery or drive until you have completely recovered from any symptoms you may experience. You are advised to see a doctor before viewing VR content if you have a history of experiencing these symptoms or if you are prone to seizures. Anyone using VR content should take frequent breaks. Be aware of your surroundings and remain seated while viewing VR content. VR is not recommended for children without adult supervision. We are not medical doctors or licensed medical practitioner or psychologist, nor do we interfere with the treatment of licensed medical professionals. Our services are not intended to replace, diagnose, prescribe, or treat any ailment to be used as a replacement for medical treatment or consultation. It is only intended to enhance your knowledge or general interest and is offered as an alternative and complimentary source of information.
Elite Mental Edge is not held liable for any of the above related health issues from mental performance training, as well as neuro training devices, all of which admit some type of light, sound, frequency, or vibration.
You acknowledge and agree that, as between us, Elite Mental Edge is the sole and exclusive owner of our website and you will not use the website for any purposes that is prohibited or unlawful by these Terms. You agree to not damage, disable, impair, or overburden the Site or interfere with other party’s use of the Site. All equipment and content as part of services, text, graphics, logos, images, and any software used on this Site, is the sole property belonging to Elite Mental Edge and protected by copyright and other laws that protect proprietary rights and intellectual property. You agree to abide by all other proprietary notices and all copyright, other restrictions, legends contained in such content and will not make any changes. Our content is not for resale. You will not modify, transmit, publish, participate in sale or transfer, reverse engineer, create derivative works, or exploit any of the content, in part or in whole, found on our Site. You agree that you do not have any ownership rights in any content protected. You are not authorized to make any changes, delete, or alter any proprietary rights or attribution notices in content. We do not grant any licenses, implied or expressed to intellectual property of Elite Mental Edge or out licensors except as authorized by these terms.
You understand and agree to fully defend, indemnify, and hold harmless Elite Mental Edge, our agents, successors, licensors, suppliers, and assigns and our and their officers, directors, consultants, employees, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable costs and legal fees), and other expenses that arise directly or indirectly from your actions, including but not limited to:
1. Your use of the Elite Mental Edge website.
2. Violations of this Agreement.
3. Your violations of any rights of third parties, including service providers.
4. Any other activities in connection with this website or other websites to which this website is linked.
Governing Law/Dispute Resolution
This Agreement shall be construed and governed by in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. All Parties agree that any claim arising out of or controversy or relating to this Agreement, or the breach thereof, will be settled by binding arbitration using the then current procedures and rules of the American Arbitration Association. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. You may only bring claims against Elite Mental Edge in your individual capacity, and not as a plaintiff or class member in any purported class representative proceeding. The arbitration will take place in at a mutually agreeable location, but no more than 60 miles from Palm Desert, California, and be conducted in the English language. The arbitration shall be a confidential proceeding, closed to the general public. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All parties consent to the jurisdiction of all state and federal courts in California. Venue will lie exclusively in Palm Desert, California. For the sake of clarity, nothing in this paragraph shall affect Elite Mental Edge ability to seek from a court injunctive or equitable relief at any time. We, Elite Mental Edge, in its sole discretion, reserve the right, to terminate or restrict access to the Site and any related services, without notice. The maximum extent permitted and allowed by law; this agreement is governed by the laws of the State of California.
Any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will be the arbitrator have the authority to award punitive damages.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Third Party Sites/Services
Our site may contain links to other websites (“linked sites”). We are providing these links to you as a courteous and convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators. We do not control any of the linked sites and we are not responsible for any the contents on any of these linked sites, or any changes or updates to a linked site, including without limitation any link contained in a linked site. By using any service, products or functionality originating from our website domain, you hereby consent and acknowledge that We may share such data and information with any third party with whom we have a contractual relationship to provide the requested service, product or functionality on behalf of www.elitementaledge.com customers and users. There are certain services made available via our Site that are delivered by third party sites and organizations.
Limitation of Liability
ELITE MENTAL EDGE IS NOT HELD RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE USE, OUR DIRECTORS, EMPLOYEES, OFFICERS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD-PARTIES. NEITHER ELITE MENTAL EDGE NOR ANY OF ITS SPONSORS, AGENTS, SUCCESSORS, LICENSORS, SPONSORS, OR ASSIGNS, NOR THEIR OFFICEERS, DIRECTORS, EMPLOYESS, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF DATA, OR LOST SAVINGS) OR LIABLITIES UNDER ANY CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO ELITE MENTAL EDGE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LIABILITIES OR DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT SUSPECT OR KNOW TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
DISCLAIMER: ELITE MENTAL EDGE MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY WITH RESPECT TO SERVICES OR PRODUCTS OFFERED BY THIRD-PARTY SERVICE PROFESSIONALS OR BY ELITE MENTAL EDGE SPECIFICALLY DISCLAIMS ANY GUARANTEE, REPRESENTATION OR WARRANTY WITH RESPECT TO THE QUALITY, LEGALITY, SAFETY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, AND THE CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS IN CONNECTION WITH SUCH OFFERS AND SALES INCLUDING SUCH OFFERS, SERVICES AND SALES BY ELITE MENTAL EDGE.
Changes to Terms and Conditions
We reserve the right to make any changes to these Terms and Conditions. If any changes are made, we will change the last modified date. The date of the most recent revision will appear on this page, and your continued use of the services or the web sites will constitute your acceptance and acknowledgment of any revisions of Terms and conditions as of that date forward.
Last Updated January 29, 2021