TERMS OF SERVICE

BY VISITING WWW.ELISEBESLER.COM, YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.

Terms and Conditions Overview
The terms “we,” “us,” and “our” refer to EB Voice Empowerment. The term the “Site” refers to www.elisebesler.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

On this site, you’ll find “The Embodied Truth” podcast, digital coaching products for sale, Somatic Coaching, Leadership Communication Coaching and Consulting services, Confidence and Authenticity Coaching services and group coaching programs, workshops, keynote speeches and retreats (the “Service”).

Use of www.elisebesler.com, including all materials presented herein and all online services provided by EB Voice Empowerment, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and any other users of this site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and you acknowledge reading them in full.


Site and Services Use
To access or use the Site, you must be 18 years of age or older and have legal right, power and authority to enter into these Terms and Conditions. Children under the age of 18 are not recommended to use the Site.

Information provided on the Site and in the Service related to Somatic Coaching, Leadership Communication Coaching and Consulting and other information are subject to change at any time. EB Voice Empowerment makes no guarantee or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. EB Voice Empowerment disclaims all liability for any inaccuracy, error, or incompleteness in the Content.


Your Account Information
In order to use the Services and have access to digital voice coaching products and voice meditations, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to EB Voice Empowerment will always be accurate, correct, and up to date. You agree not to impersonate someone else or provide account information or a faulty email address or email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service or products, violate any laws in your jurisdiction.


Lawful Purpose Use Only
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase coaching services or digital voice coaching products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.

You agree that all products and services are not for re-sale and must be used solely for your personal use. Any product or service use for commercial use or resale is considered copyright infringement and is punishable to the fullest extent of the law.


Our right to refuse service
The Services and products are offered subject to our acceptance of your order or requests. We reserve the right to refuse service or sale to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until your payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service.


Order Confirmation
We will email you to confirm the your order and with details concerning product delivery. In the event that there is an error in email confirmation, it is your responsibility to reach out and inform us as soon as possible.


Cancellations, Refunds & Returns
There are no refunds for live workshops or masterclasses, digital products or coaching services. Any and all deposits paid for coaching services, program registrations or one-off sessions are considered non-refundable.

Sessions rescheduling by Client with a minimum of 24 hours notice to Company. If less than 24 hours notice is provided, the session will be forfeited. Exceptions: Severe illness or other emergency.

On the rare occasion that we need to cancel class, session or any other delivery of service or product, a mutual time may be rescheduled for private coaching and a suitable replacement coach or activity will be planned for programs, workshops or masterclasses. Please note: there are no refunds in regards to a rare occasion cancelling on our part.


Product and Service Description
We endeavor to describe and display the Service as accurately as possible. Please do not accept that the Site is entirely accurate, current, or error-free. We reserve the right to correct errors, update changes in pricing and descriptions, and we also reserve the right to refuse or cancel any order with an incorrect price listing.


Our Copywritten Property and Materials
The Site and Service contain intellectual property owned by EB Voice Empowerment including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service or products without refund, if you are caught violating this intellectual property policy.


Changes to Terms and Conditions
We reserve the right to at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. It is your responsibility to update your knowledge of these terms and conditions. Any use of the Site, Services or products by you after being notified means you accept these changes, and hold us not responsible for your knowledge thereof. We reserve the right to update any terms of our Site and Service, including these Terms and Conditions, at any time. We will always post most recent versions and list dates when amendments were made.


LIMITED LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGE S ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, EB VOICE EMPOWERMENT IS NOT LIABLE FOR DAMAGE S IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LO SS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF EB VOICE EMPOWERMENT HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE PROVINCES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL EB VOICE EMPOWERMENT’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM EB VOICE EMPOWERMENT AND IF NO PURCHASE HAS BEEN MADE BY YOU EB VOICE EMPOWERMENT CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $1.


Third Party Links and usage
The Site, Services and digital products contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with EB Voice Empowerment. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.


Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and EB Voice Empowerment pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us.

No waiver of any of the provisions of this Agreement by EB Voice Empowerment shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by EB Voice Empowerment.


Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
1409 Purcells Cove Road, Halifax NS B3P 1B3


Governing Law
This Agreement shall be construed in accordance with, and governed by, the laws of the Province of Nova Scotia as applied to contracts that are executed and performed entirely in Nova Scotia. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Canada, Nova Scotia.. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.


Recovering of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.


Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.


Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-license-able, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: February 14th, 2022