Terms of service

Flying Elephant, LLC d/b/a Uplifting Impact

GENERAL TERMS AND CONDITIONS AGREEMENT


This Agreement (“Agreement”) is between You and Flying Elephant, LLC d/b/a Uplifting Impact (“Company”). Your purchase and participation in any products or services are subject to the terms and conditions in this Agreement. If you do not agree to these terms, you may not make a purchase from our Shopify store.


PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS.



  1. WHAT’S INCLUDED (“Deliverables”)


As a customer of the Company, your Deliverables include the specific product or service outlined in your purchase confirmation.


Your Deliverables do not include:


  • Customizations not specified in your purchase.

  • Any other items not listed in the Deliverables section or product description at the time of purchase.


  1. PAYMENT, CANCELLATION & REFUND POLICY


You agree to pay the Company in full for providing the above Deliverables.


You agree Company is authorized and may charge the credit or debit card number you provide for the payments in the payment plan you select.  


You agree to keep a valid card on file and update the Company as soon as possible if your credit card information changes.  You certify that you are an authorized user of the card number you provide.  You also agree not to dispute these charges with your credit card company, so long as the transaction is in line with the terms in this contract.  Company reserves the right to terminate this agreement, including access to the Deliverables , any pre-Event content, and any online community or group, if any of these payments are not made.


You agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related Deliverables).  


If you purchase a service with a scheduled date (e.g., an event), the following cancellation policy applies:


  • Cancellations made 21 days before the scheduled date will be entitled to a 50% refund.

  • Cancellations made within 7 days of the scheduled date will not receive a refund.

  • All cancellation requests must be made in writing (including email).

  • Exceptions to this cancellation policy cannot be made for any reason, including personal emergencies. There is no refund available for leaving an Event early or arriving late. There are no refunds for any part of an Event that you choose not to attend or Deliverables you choose not to accept.


Company reserves the right to cancel a service or Event in the event of a force majeure or logistical problem out of our control which may impede operations.


Company shall not be deemed in breach of this Agreement if Company is unable to complete the service or Event and/or its Deliverables or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Company shall give notice to You of its inability to perform or of delay in completing the service, Event and its Deliverables.


Company must make substantial payments to vendors far in advance of an Event.  If an Event is canceled due to force majeure or logistical problem out of our control, Company will promptly refund Your payments made as of the date of cancellation in the proportionate amount that has not already been advanced to vendors.  Company is not responsible for, and will not compensate you for, any payments you have made directly for airfare or other personal travel arrangements in the event of a cancellation by Company.



  1. GENERAL TERMS


  1. Schedule not guaranteed. While every effort will be made to ensure we cover all Deliverables outlined above, Company reserves the right to rearrange or alter the schedule of events because of cancellation, or any other unforeseen circumstances.  


  1. Company Intellectual Property.  You acknowledge that Company owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos (“Company IP”) that may be used during services or an Event or any related website or forum hosted on any platform by Company (“Company Media”).   Company grants You permission to use Company IP for your own personal use only.  You agree not to copy, share, sell, or distribute any of these materials.  If You or your employees or agents copy, share, sell, distribute, or use Company IP in any way not authorized by Company, You agree to pay liquidated damages of five (5) times the total purchase price to Company.


  1. Confidentiality.  You are free to speak, write and share about your own experiences at an Event, but you agree to keep all information shared by others confidential. This provision specifically applies to and includes content shared within the Deliverables, where applicable, and any private Facebook group for attendees, or similar Company Media. Company agrees to keep all information that you ask us to keep private strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court issues a subpoena for the file or information, or if you threaten to harm yourself, or others. 

    You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege. You acknowledge that communications between you and Company, or any of Company’s employees, contractors, agents, or volunteers, are not covered by any doctor-patient privilege or other privilege.  



  1. Following Rules, Instructions. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Company through its employees, representatives or agents and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, relative to your ability to safely participate in or attend an Event.


  1. Appropriate Behavior; Dismissal Without Refund. Company treats all vendors and guests with the utmost respect, and asks that You do the same.  At no time and under no circumstances will Company tolerate verbally or physically abusive, violent, destructive, menacing, or harassing behavior from You, any party acting on behalf of You, or Your guests or family members, before, during, or after an Event, toward Company or its staff or vendors. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the Event and to obey all local, state and federal civil and criminal laws while participating in or attending an Event. This includes, generally, respect for other people, equipment, facilities or property.  Company may dismiss You and terminate this Agreement, without refund, should Your behavior endanger the safety of or negatively affect the Event or any person, facility or property, in Company’s sole discretion.  


  1. Damage or Theft of Property. You understand and agree that Company is not responsible for any personal item or property that is lost, damaged or stolen at or during an Event.


  1. Consent to Use Your Image. You consent to the use of your image or likeness in photographs, videos or recordings, whether altered or unaltered, taken during an Event for use by Company in any media now known or unknown, and You waive and release any right to compensation and/or damages with respect to the use, display, distribution or other publication of such photographs, videos or recordings. 


  1. License Grant to Use Your Photos, Videos, or Recordings. You grant Company an unlimited, non-exclusive, perpetual right and license to use any and all photographs, videos, recordings or other records of an Event You may create or capture, in any media now known or unknown. You acknowledge the Company has the right but not the obligation to use any contributions from You and that we may elect to cease the use of any such contributions in an Event at any time for any reason. 


  1. Marketing and Promotion.  You are responsible for all promotion and advertisement of an Event. You agree the Company may use the name and logo of the group, company, entity, or similar you are registering for an Event in their marketing materials, websites, and social media platforms. 



  1. PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK, DISCLAIMERS, AND INDEMNIFICATION


As used in this Agreement, the term “Releasees” is defined to include the following: (i) Company, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns; and (ii) any Company volunteers. 


  1. You acknowledge that, by engaging with Company for an Event, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Deliverables , whether or not caused by the active or passive negligence of the Releasees. 


  1. In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to Company.


  1. I expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived.  That section provides: 


A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 


  1. Company provides information and education only, and does not provide any financial, legal, medical or psychological services or advice


  1. DISCLAIMERS.  Company cannot, and does not, guarantee particular results.  Company disclaims all warranties, express or implied, to the fullest extent permissible by applicable law.  You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your attendance at an Event and/or your use of Company IP.  Company cannot and does not guarantee that you will achieve any particular result or earnings from your attendance at an Event and/or your use of Company IP, and you understand that results differ for each individual.


  1. Any links to third-party products, Deliverables, or sites are subject to separate terms and conditions. Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Company may recommend third-party sites, products or Deliverables, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.


  1. THE INFORMATION, PRODUCTS AND DELIVERABLES  OFFERED ON OR THROUGH THE DELIVERABLES  ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE COMPANY MEDIA OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY MEDIA, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


  1. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, INCLUDING ITS MATERIALS, PRODUCTS OR DELIVERABLES , OR THIRD-PARTY MATERIALS, PRODUCTS OR DELIVERABLES  MADE AVAILABLE THROUGH THE WEBSITES.


  1. INDEMNITY.  You agree to defend, indemnify and hold harmless Company and any directors, officers, agents, employees, contractors, partners, assigns, and successors-in-interest from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of Company Media in violation of this contract, (ii) any breach by you of this contract or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to Company Media, (iv) your use of materials or features available on Company Media (except to the extent a claim is based upon infringement of a third-party right by materials created by Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.


  1. Company controls and operates the Websites from offices in the United States. Company does not represent that the Deliverables, materials in the Company IP, or the Company Media are appropriate or available for use in other locations. If You choose to access Company Media from other locations, You acknowledge you do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


  1. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. 


  1. GENERAL PROVISIONS. This Agreement will be governed by the laws of Wisconsin. You agree to submit to the jurisdiction and venue of the state and federal courts in or nearest to Brookfield, WI, and waive any defense of lack of personal jurisdiction or forum non conveniens. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.


You expressly agree that the terms of this Agreement are intended to be as broad and inclusive as permitted by the law of  Wisconsin.


This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.


By clicking “Purchase” or “Check Out” when signing up for an Event or buying services, you acknowledge that You have carefully read this Agreement, including the waiver and release, and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You acknowledge You are aware and agree that by executing this Agreement, You are giving up Your right to bring a legal action or assert a claim against Releasees for their negligence, or for any defective product used while participating in the Deliverables .  You acknowledge You have read, understood, agreed to, and voluntarily entered into the entire Agreement, and by this action You are providing the electronic equivalent of your signature.





Updated on 09/23/2024