IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, SUBSCRIBING TO, OR PLACING ANY ORDER OVER WWW.ELIEJOY.COM OR ANY OF OUR AFFILIATED SITES LINKING TO THESE TERMS.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, INCLUDING PROVISIONS FOR ARBITRATION AND A CLASS ACTION WAIVER. THESE PROVISIONS WAIVE YOUR RIGHT TO A COURT HEARING, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 14, 15, AND 16). ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES, EXCEPT AS SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

The use of www.eliejoy.com or any other sites linking to these Terms (each, a “Website”), owned and maintained by ElieJoy, LLC (“ElieJoy,” “we,” “our,” or “us”), is governed by these Terms. We provide access to the Website and offer all associated information, tools, and services conditioned upon your acceptance of these Terms in full. By accessing, using, subscribing, or placing an order over the Website, you, as the user, agree to the terms and conditions set forth here. If you do not agree to these Terms in their entirety, you are not authorized to access or use the Website or its services in any manner.

THIS IS A BINDING AGREEMENT. THESE TERMS, ALONG WITH OUR PRIVACY POLICY AND DATA PROCESSING ADDENDUM, FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU (“YOU”) AND ELIEJOY, LLC. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES OFFERED BY ELIEJOY, INCLUDING ANY ORDER PLACED THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER AUTHORIZED METHODS. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

WEBSITE USE

The Website is intended for use by adults, specifically parents, guardians, and educators. By using the Website, you affirm that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read, understood, and agreed to the terms in this Agreement.

We understand that, in certain cases, individuals under the age of 18 may access portions of the Website; however, this use is unintended. In such instances, by accessing the Website, you affirm that a parent or guardian of at least 18 years of age has provided verifiable consent for you to do so and agrees to these Terms on your behalf.

WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS

All elements of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. This includes all content, information, design elements, text, logos, taglines, metatags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloadable content. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any form or by any means without express written permission from ElieJoy. The ElieJoy name, logo, and associated marks are proprietary to ElieJoy, LLC, and unauthorized use of these marks is strictly prohibited. Nothing in these Terms grants you any rights to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by ElieJoy.

Subject to your strict compliance with these Terms, ElieJoy grants you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website solely for personal, non-commercial purposes. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

You agree not to use, or attempt to use, the Website in conjunction with other websites, or in any unlawful manner or in a way that could be harmful to ElieJoy or any third party. You further agree not to commit, or attempt to commit, any harmful or unlawful act on or through the Website.

OUR PRIVACY POLICY AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION

We respect your privacy and are committed to protecting your personal information. Your submission of personal information through the Website is governed by our Privacy Policy. If you or any end users are located in the European Union, United Kingdom, Brazil, or California (USA), our Data Processing Addendum (“DPA”) also applies to the handling of your personal information.

Our Privacy Policy can be viewed at https://eliejoy.com/privacy, and our DPA is available at https://eliejoy.com/dpa. ElieJoy reserves the right to modify its Privacy Policy and DPA at its reasonable discretion from time to time. Both the Privacy Policy and DPA are incorporated into this Agreement by reference, and by using our Website, you agree to their terms.

INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS

As an ElieJoy user, you may be required to create an account to access certain services or products. You warrant that all information you provide to ElieJoy is truthful, accurate, and current, and that you are not impersonating another person or entity. You are responsible for maintaining the confidentiality of any password you create to access your ElieJoy account, and you agree not to share, transfer, or otherwise grant access to your username or password to any third party.

You are also responsible for keeping confidential any proprietary or non-public information that ElieJoy may share with you as an account holder, including but not limited to technical details, pricing information, business strategies, or data about other ElieJoy users.

You accept full responsibility for all transactions and activities conducted under your account. You agree to promptly notify ElieJoy at hello@eliejoy. com of any unauthorized access, use of your password, or any other breach of security related to your account. ElieJoy is not liable for any loss or damage resulting from your failure to comply with these obligations, and you agree to hold ElieJoy harmless for any such losses or damages.

For further information, please refer to the INDEMNIFICATION Section.

ORDER PLACEMENT AND ACCEPTANCE

When you place an order for a service or product through the Website, payment must be received by ElieJoy before your order is considered accepted. We may request additional information to process your order if any required details are missing or appear inaccurate. ElieJoy reserves the right to cancel or limit an order at any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not constitute acceptance of your order.

If you need to modify or cancel your order after it has been placed, please contact us immediately at hello@eliejoy. com. While we will make reasonable efforts to accommodate your request, we cannot guarantee that we will be able to amend your order in line with your instructions.

All items are subject to availability. If an item is unavailable, we will notify you of the expected availability date and may offer an alternative product or service. Should the availability of a product or service be delayed and you choose not to accept a substitute, we will cancel your order upon your request, and your payment will be fully refunded if it has already been processed. ElieJoy reserves the right to limit the sale of its products and services to any individual, geographic region, or jurisdiction, and may exercise this discretion on a case-by-case basis.

Your placement of an order constitutes your reaffirmation of acceptance of this Agreement. All advertised prices and payments are in U.S. Dollars.

PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE

From time to time, ElieJoy may offer additional services or products, which will be described at the time of their availability and are governed by this Agreement. ElieJoy may also offer additional products or services through affiliated sites owned or controlled by ElieJoy, and such sites are subject to these same Terms. ElieJoy reserves the right, without prior notice, to modify specifications, discontinue products or services, or adjust prices at its discretion and without incurring any obligation to you. Unless otherwise specified, price changes for subscriptions or products will take effect following email notification.

Price changes are effective on the first day of the month following the posting of the new price. By accessing, using, subscribing to, or ordering through the Website, you authorize ElieJoy to charge your account for the selected services or products at the indicated rate, including any future price changes. If you choose to downgrade your subscription or services, the downgrade (and any corresponding price reduction) will take effect on the first day of the following month. By continuing to use ElieJoy’s services, you agree that we may charge your credit card on a monthly or annual basis for the products or services selected, including any updated rates after email notification.

ElieJoy takes reasonable steps to ensure that all prices displayed on the Website are accurate and that all products and services are described correctly. However, if a product’s actual price is higher than the listed price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of the cancellation.

Please note that while ElieJoy strives to provide accurate descriptions of products and services, we do not guarantee that descriptions, images, or other content on the Website are accurate, complete, current, or error-free. All sales are final, except as outlined in Section 6 of these Terms. References to products or services not owned by ElieJoy are not intended to imply endorsement or constitute a warranty of that product or service.

SHIPPING FEES

Unless otherwise specified on the Website at the time of purchase, ElieJoy reserves the right to add applicable shipping and handling fees to your order for physical products. We make every effort to fulfill your order within a reasonable time after receipt of a completed and verified order. To ensure accurate and timely delivery, please provide accurate shipping address and phone number information.

While we may provide estimated delivery dates or shipment timeframes, these dates are based on good-faith estimates and may change. If your order is delayed, we will notify you via the email address provided at checkout. If we are unable to reach you regarding a delay, or if you choose to cancel your order due to a delay, we will cancel the order and issue a full refund for the amount charged.

ElieJoy is not responsible for any loss, damage, cost, or expense related to shipping delays caused by third-party carriers or other delivery services that are not owned or controlled by us. Title and risk of loss for items pass to you upon delivery of the product to the third-party carrier.

REFUNDS FOR PHYSICAL PRODUCTS

If you purchase a physical product (such as a book or other tangible item) from ElieJoy, you may be eligible for a refund if you meet the following conditions (unless otherwise specified in the product listing):
1. Requesting a Refund: You must request a refund in writing by contacting us at hello@eliejoy. com.
2. Refund Request Period: Your refund request must be submitted within thirty (30) days of your purchase date.
3. Damaged Goods: If your product arrives damaged, please contact us at hello@eliejoy. com within seven (7) days of receipt to report the damage. We may request photos of the damaged product for verification and will provide further instructions for returning the item if applicable.
4. Returning the Product: For standard returns, you must return the product promptly according to the shipping and other instructions provided by ElieJoy via email after your refund request is approved.
5. Product Condition: The returned product must be in like-new, or re-sellable condition, as determined by ElieJoy at its reasonable discretion.

Please note that you are responsible for return shipping costs unless the product is confirmed as damaged or defective upon receipt.

For digital products, all sales are final and non-refundable unless otherwise specified in the offer.

TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

If a free trial is offered for an ElieJoy subscription, the trial period will begin immediately upon registration and continue for the period specified on the Website at the time of your registration. Free trials are only available to new subscribers of ElieJoy and are limited to the period stated on the Website. Past subscribers or those who have previously participated in a free trial are not eligible for additional free trials.

To avoid being charged, you must cancel your subscription before the end of the free trial period. To do so, please contact us at hello@eliejoy. com at least 24 hours before the trial period concludes. If you do not contact us to cancel at least 24 hours before your free trial ends, your subscription will automatically continue, and the payment method you provided at the time of enrollment will be charged the full ElieJoy subscription rate (monthly or as specified) for each billing period until you cancel. ElieJoy reserves the right to adjust subscription rates, and if rates change after your initial subscription, we will notify you by email and provide the opportunity to cancel before the new rate takes effect.

For monthly subscriptions, a cancellation request must be submitted at least ten (10) days prior to the next billing cycle. Requests submitted less than ten (10) days before the start of the next subscription period may result in a final charge. Monthly subscriptions are not eligible for prorated refunds, and no refunds will be issued for any unused portion of the billing period.

For annual subscriptions, a cancellation request must be submitted at least thirty (30) days before the next renewal date. Requests submitted less than thirty (30) days before the annual renewal date may still incur the full annual charge. No refunds are issued for early cancellation of annual subscriptions, though a credit toward other ElieJoy services may be provided at our discretion. In some cases, ElieJoy may apply a cancellation fee equivalent to any subscription discount provided.

SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT

As an ElieJoy subscriber, you are responsible for paying all fees associated with your monthly or annual subscription in accordance with these Terms. The first subscription fee is due when you create your user account or, if you are using a free trial, at the end of that trial period, provided you have not canceled the automatic subscription. Each calendar month or, for annual subscriptions, on the annual renewal date, your account will be charged the subscription fee plus any applicable taxes for the upcoming period. This amount, along with any accumulated charges, is referred to collectively as “Fees.” Failure to use the services available through your ElieJoy subscription does not relieve you of your payment obligations.

You may pay for your subscription using a valid credit card, debit card, or other accepted payment method. Payment details are securely processed through our financial data collection system. By subscribing, you acknowledge that we retain transaction-related information, including the last four digits and expiration date of the card used, along with details on payment due dates. You also agree that payments are recurring and that you authorize ElieJoy to process payments automatically according to the terms of the subscription you selected (e.g., monthly or annually).

If, for any reason, ElieJoy cannot process your monthly or annual payment, we may, at our discretion, temporarily pause your account and retain your information while attempting to obtain updated payment details. In this case, we may charge a lesser amount to keep your account in a paused state until the issue is resolved.

IF YOU ARE AN ELIEJOY SUBSCRIBER WITH A MONTHLY OR ANNUAL PLAN AND HAVE PROVIDED A VALID PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED ON THE DESIGNATED PAYMENT DATE (MONTHLY OR ANNUALLY) AND WILL BE CHARGED TO THE PAYMENT METHOD PROVIDED AT ENROLLMENT. IF SUFFICIENT FUNDS ARE NOT AVAILABLE, WE MAY PAUSE YOUR ACCOUNT UNTIL PAYMENT IS RECEIVED. IF YOU WISH TO CANCEL YOUR ELIEJOY SUBSCRIPTION, YOU MAY DO SO BY EMAILING HELLO@ELIEJOY. COM AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT MONTHLY BILLING CYCLE, OR AT LEAST THIRTY (30) DAYS BEFORE THE NEXT ANNUAL RENEWAL DATE FOR ANNUAL SUBSCRIPTIONS.

ElieJoy reserves the right to immediately terminate your account and/or services for any unpaid (in whole or part) subscription period, with or without notice. Termination of services does not relieve you of your obligation to pay outstanding charges or fees. If ElieJoy initiates a collection process, you will be responsible for all associated costs, including legal fees, as outlined in Section 17.

In addition to any Fees, ElieJoy may also charge applicable taxes as required by law.

Upon cancellation of your ElieJoy membership, you will immediately lose access to any member-exclusive content, including but not limited to audio files, digital downloads, and other restricted resources.

DISCLAIMER - INDIVIDUAL RESULTS WILL VARY

Each individual and family’s experience is unique, and results will vary depending upon various factors, including but not limited to personal circumstances, commitment, and application of the materials provided by ElieJoy. INDIVIDUAL RESULTS WILL VARY BASED ON A VARIETY OF FACTORS, INCLUDING PERSONAL CONTEXT, GOALS, AND CONSISTENCY OF PRACTICE WITH THE MATERIALS OFFERED.

ElieJoy does not promise, guarantee, or warrant specific outcomes, including improvements in behavior, mindset, health, or relationships, nor does it make claims regarding financial, educational, or emotional success as a result of using our products. Our products are intended to support personal and family development, but they are not substitutes for professional medical, psychological, financial, or legal advice. You should consult appropriate professionals for advice on these matters.

TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

ElieJoy values feedback from our users and customers, and we welcome comments regarding our services and products. ElieJoy may use testimonials, product reviews, and/or other feedback in whole or in part, along with the name, city, and state of the individual providing it. Testimonials may be used in connection with any promotional activity or content related to ElieJoy’s products and services, both online and in print, at ElieJoy’s sole discretion. Please note that testimonials reflect the unique experiences of the individual users who provide them and do not guarantee similar results for all users.

By submitting testimonials, photographs, videos, or other feedback, you agree that such submissions will be treated as non-confidential and nonproprietary. You grant ElieJoy a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use, modify, distribute, and display these submissions in connection with our marketing and promotional efforts.

ElieJoy reserves the right to edit for grammar, clarity, or length, and to review all testimonials before publication. ElieJoy is under no obligation to publish any testimonial or review, in whole or in part, submitted by users.

DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ELIEJOY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND COMPLETENESS OF ANY INFORMATION, CONTENT, OR MATERIALS PROVIDED ON THIS WEBSITE.

WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM, THAT: (A) YOUR USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR WILL FUNCTION IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA; (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY DATA STORED OR RETRIEVED WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED; OR (F) THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES—WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE—INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED.

LIMITATIONS OF LIABILITY

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL ELIEJOY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING THE PRIVACY POLICY AND DPA, ANY PRODUCTS OR SERVICES PROVIDED, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE, ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER ELIEJOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS.

THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COSTS ASSOCIATED WITH PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL ELIEJOY’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE GREATER OF (A) THREE (3) TIMES THE AMOUNT YOU PAID TO ELIEJOY IN THE MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWO THOUSAND DOLLARS ($2,000).

DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS YOU WOULD HAVE IN COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED IN ARBITRATION. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT ON AN INDIVIDUAL BASIS (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at hello@eliejoy. com to attempt to resolve the issue informally. Any unresolved claim or controversy related to the Website, products, services, these Terms, the Privacy Policy, the DPA, or your relationship with us, which cannot be resolved within one hundred and twenty (120) days through informal negotiation, will be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), with judgment on the award rendered entered in any court having jurisdiction.

The arbitration will be conducted in the English language by a single neutral arbitrator in New Castle County, Delaware unless both parties agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, in accordance with the AAA’s Rules. Arbitration will proceed under the AAA’s Commercial Arbitration Rules and Procedures in effect at the time of submission. These Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the DPA, this arbitration provision, or other terms incorporated by reference.

Each party is responsible for its own additional fees, costs, and expenses, including attorneys, experts, and witnesses, with filing, administration, and arbitrator fees governed by the AAA’s Rules. The arbitrator shall follow the substantive law of the state of Delaware, without regard to its conflicts of law principles. Any award will be accompanied by a confidential written opinion and is final, subject only to appeal as allowed under the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

You and ElieJoy agree that all claims will be arbitrated individually and not on a class, representative, or consolidated basis. You expressly waive any right to pursue any class or representative action against ElieJoy.

Delay or failure to enforce this arbitration provision does not waive the right to enforce it in connection with any other claims, except that all claims must be brought within 1 year after the claim arises, inclusive of the 120-day informal resolution period. This arbitration provision is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

This provision survives termination of your account, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable, the entire arbitration provision will be null and void. If any part of this arbitration agreement (except the class action waiver) is found unenforceable, the remaining portions will remain in effect.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD THE RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU AGREE TO RESOLVE ANY CLAIMS INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.

ELIEJOY’S ADDITIONAL REMEDIES

To prevent or limit irreparable harm to ElieJoy, in the event of any actual or threatened breach by you of this Agreement or any infringement or threatened infringement of ElieJoy’s intellectual property rights or the rights of a third party, ElieJoy shall be entitled to seek a temporary restraining order, preliminary and permanent injunctions, or other equitable relief from a court of competent jurisdiction located in New Castle County, Delaware, to restrain such breach or infringement. This right is in addition to any other legal remedies available to ElieJoy.

Nothing in this Agreement limits ElieJoy’s right to pursue any other remedies in court, including the recovery of monetary damages, for any breach or threatened breach of this Agreement or infringement of intellectual property rights. You hereby irrevocably consent to the exclusive personal jurisdiction and venue of the courts in New Castle County, Delaware, for all such claims, and you waive any objections to jurisdiction or venue in these courts.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ElieJoy, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, attorneys’ fees and costs of litigation or other dispute resolution processes. This indemnification applies to claims arising out of, resulting from, or in any way connected with or related to: (1) your use, misuse, or attempt to use the Website, software, products, or services; (2) information you submit or transmit through the Website; (3) your breach of these Terms, including documents incorporated by reference, this Agreement, or any representations and warranties provided by you in this Agreement; or (4) your violation of any law or the rights of a third party.

THIRD-PARTY LINKS

The Website may contain links to third-party websites. ElieJoy assumes no responsibility for the content, accuracy, or functionality of any website not operated by ElieJoy to which we provide a link. Such links are provided solely for your convenience, and ElieJoy does not endorse or assume any responsibility for any content, advertising, products, or other materials on or available from these third-party sites. For more information, please refer to our Privacy Policy.

TERMINATION

This Agreement will take effect (or shall re-take effect) when you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW,” “SUBMIT,” “BUY NOW,” “PURCHASE,” “I ACCEPT,” “I AGREE,” or similar links or buttons, or otherwise submit information through the Website, respond to a request for information, install, access, or use the Website, complete a purchase, select a payment method, and/or enter payment information—whichever occurs earliest.

If, at our sole discretion, we determine that you have failed, or if we suspect you have failed, to comply with any term or provision of this Agreement or have violated any applicable law, whether related to your use of ElieJoy or otherwise, we may terminate this Agreement and/or suspend your access to the Website at any time without prior notice. Sections 11, 12, 13, 15 through 18, and 20 through 29 of this Agreement, as well as any representations, warranties, and other obligations made by you, shall survive the termination of this Agreement and/or your account or relationship with ElieJoy.

Upon termination, you remain responsible for any outstanding payments owed to ElieJoy.

NO WAIVER

No failure or delay by ElieJoy in exercising any right, power, or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of that right, power, or remedy, or the exercise of any other rights, powers, or remedies under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if it is in writing and signed by ElieJoy.

GOVERNING LAW AND VENUE

This Agreement, and any issue or dispute arising out of or otherwise related to this Agreement, your access to or use of the Website, our Privacy Policy or DPA, or any matter concerning ElieJoy, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of Delaware, without regard to its conflicts of laws principles.

To the extent that any claim or dispute is found by the arbitrator or (if appropriate) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 16 above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in New Castle County, Delaware. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, these courts and waive any objection to jurisdiction or venue in these courts.

All claims must be brought on an individual, non-class, non-representative basis, and you waive any right to bring claims on a class-wide or representative basis.

FORCE MAJEURE

ElieJoy shall not be held responsible or liable for any delay, damage, or failure caused by events beyond our reasonable control, including but not limited to acts of nature, natural disasters, government actions, pandemics, labor disputes, power failures, or other unforeseen circumstances.

ASSIGNMENT

ElieJoy may assign its rights under this Agreement at any time, without prior notice to you. Your rights arising under this Agreement cannot be assigned without the express written consent of ElieJoy or its assigns.

ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. When you interact with ElieJoy through the Website or via other electronic forms of media, such as email, you are communicating with us electronically. You agree that we may communicate with you electronically and that all such electronic communications, including notices, disclosures, agreements, and other communications we provide to you, are equivalent to written communications and shall have the same force and effect as if they were in writing and signed by the party providing the communication.

CHANGES TO THE AGREEMENT

You can review the most current version of these Terms at any time at https://eliejoy.com/terms. We reserve the right, at our sole discretion, to update, change, or replace any part of this Agreement, including the Privacy Policy or DPA, by posting updates and changes to our Website. It is your responsibility to periodically review our Website for any changes. Your continued use of or access to our Website after any changes to the Agreement are posted constitutes your acceptance of those changes.

YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have the authority to bind any business for which you are using the Website; (3) that you have read, fully understand, and agree to the terms in this Agreement; and (4) that you will not resell, redistribute, or export any product or service ordered from the Website. You also represent that ElieJoy may rely on all information provided by you and may contact you, your business, and any subaccounts you create via email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up communications, (ii) satisfaction surveys, and (iii) inquiries about any orders you have placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations, inquiries, or prosecutions against you, or any related business, by the Federal Trade Commission, any other federal or state government agency, or any industry regulatory authority anywhere in the world, nor any pending or prior private lawsuits. Should you, or any related business, become the subject of a government investigation, inquiry, prosecution, or private lawsuit during the term of this Agreement, you agree to notify ElieJoy within twenty-four (24) hours. ElieJoy reserves the right, at its sole discretion, to terminate this Agreement based on any such investigation, proceeding, or lawsuit, or any similar matter discovered by ElieJoy, without incurring any obligation or liability to you.

SEVERABILITY

If any provision of this Agreement is found by an arbitrator or (if applicable) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision may be modified or severed from this Agreement as necessary to make that provision enforceable and consistent with the intent of the remainder of the Agreement.

ENTIRE AGREEMENT

These Terms, along with the Privacy Policy, DPA, and any policies or operating rules posted by us on the Website, constitute the entire agreement and understanding between you (and any business you represent) and ElieJoy, governing your access to and use of the Website, as well as your ordering, purchasing, and use or attempted use of any service or product. This Agreement supersedes and replaces any prior or contemporaneous agreements, representations, communications, or proposals, whether oral or written, between you and ElieJoy.

We may, in the future, offer new services or features through the Website, and such new features or services will also be subject to this Agreement and any related policies or operating rules posted on the Website. Any ambiguities in the interpretation of these Terms or this Agreement shall not be construed against the drafting party. If these Terms are provided in multiple languages, the English version shall govern in case of discrepancies, as translations are provided for convenience only.

CONTACTING US

​We encourage our customers to reach out with any questions or comments about our products and services. Please feel free to contact us by sending an email to hello@eliejoy. com.