Terms & Privacy

 

It's a long read, so we hope you've got a nice cup of tea.

1. PRIVACY POLICY STATEMENT

The website ElephantConverstions.com (available at https://elephantconversations.com), DianeARoss.com(available at https://DianeARoss.com), Elephant Conversations Academy (available at http://elephant-conversations-academy.thinkific.com) and the YouTube channels DianeisRight and Elephant Conversations (collectively called the “Site”) are committed to protecting your privacy when you use any Services which include without limitation: video clips; blog entries; online courses, booking speaking engagements, on-line coaching sessions, workshops, or keynotes; or the downloading of materials (collectively called the “Services”).

The Site recognizes that all of your personal information is private and confidential and the Site is committed to ensuring and protecting the privacy, confidentiality and personal information of all visitors.

It is the intention of the Site, by way of this privacy policy (“Privacy Policy”), to comply with applicable privacy legislation. This Privacy Policy briefly describes how the Site collects, uses and discloses your personal information.

If you have any questions about the Privacy Policy of the Site or your personal information, please contact diane@elephantconversations.com

The Privacy Policy of this Site may change from time to time so please refer back to this page to stay up to date on any changes that have been made.

YOUR ACCEPTANCE OF THE PRIVACY POLICY

By using any feature of this Site of any kind whatsoever or clicking on any link provided by this Site to other sites, you agree to be bound by this Privacy Policy.

Links

The Site may contain links to other websites. Please be aware that the Site is not responsible for the privacy practices of such other websites. We encourage users to be aware that once they leave the Site they should read the privacy statements of each and every other website to determine how their personal information may be collected or used.

This Privacy Policy applies solely to information collected by this Site.

WHAT INFORMATION DOES THE SITE COLLECT AND WHAT IS DONE WITH IT?

By visiting or using the Site:

A.You authorize us to collect, store and process certain information about you as follows:

(i) We identify you as an individual visitor to our Site, including via “Cookies”;

(ii) We identify you as a customer, should you wish to purchase Services from the Site and use this information to facilitate these transactions;

(iii) We collect the information we need to conduct business with you including the facilitation of transactions;

(iv) We collect the information we need to conduct research for internal purposes such as studying the general makeup of our customers or the general visitation patterns to the Site;

(v) We collect log file data, IP addresses, or other non-personal information (e.g., information about which web browser you use) solely for aggregate use, in a way which is not linked to your personal data;

(vi) We collect the information we need to contact you with information we think you may find useful or important, including information about new products or services;

(vii) We may ask you to provide certain personal information, such as your name and contact information, including mailing address, e-mail address and telephone number; and

(viii) We may require your credit card number and expiration date should you wish to purchase and pay for goods or Services via this Site.

B. You authorize us to disclose or use certain information about you as follows:

(i) We may be required to disclose information about you if required to do so by any law, police enforcement agency or Court Order;

(ii) We may disclose or use information about you if we believe it to be necessary to protect the rights, property or safety of this Site, an affiliated party, or another customer;

(iii) We may disclose or use information about you to complete any financial transactions that have been entered into with you via this Site or otherwise; and

(iv) We may use information about you in order to contact you with details of products or Services which may be of interest to you.

WHAT THE SITE WILL NOT DO WITH YOUR INFORMATION

We will NOT use cookies to track your movements on the web.

We will NOT share, sell, rent or otherwise distribute your personal information to third parties, except as reasonably required under Article 1B (i)

Should we choose to disclose certain information to the public, including to prospective investors and advertisers, this will be done in an aggregate form. Neither you nor any of your personal information will be identifiable.

2. TERMS OF USE

The Site is owned and operated by Elephant Conversations Ltd. (hereafter sometimes called the “Company”, “we” or “us”). By using the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from the Company. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement  to be bound by these Terms of Use.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Site from time to time, in which case we will post the revised Terms of Use on this Site. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.

Throughout the Site, we may provide links and pointers to other websites maintained by third parties. Our linking to such third party websites does not imply an endorsement or sponsorship of such websites, or the information, products or services offered on or through the websites. In addition, we have no control over the information, products, or services that third parties may provide on or through their own websites or other websites linked to the websites of a third party.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not the Company. Neither the Company nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, the Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site by anyone other than an authorized Company representative while acting in his or her official capacity.

The information, products and services offered on or through the Site and by the Company and any third party websites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Site, including video clips, or the servers that make it available, are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the Site or materials on the Site or on third party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

The Site may include a variety of features, such as online courses, blogs, vlogs, message boards, on-line coaching sessions, Facebook Groups and email services, which allow feedback to us and real-time interaction between users, and other features, which allow users to communicate with others. Responsibility for what is posted on blogs and other public posting areas on the Site or sent via any email services on the Site lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

  • Restrict or inhibit any other user from using and enjoying the Site;

  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;

  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;

  • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Website, by means such as hacking, password mining, or other illicit means;

  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;

  • Use the Site to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any provincial, federal or international law;

  • Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

  • Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;

  • Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;

  • Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;

  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.


The Company may host message boards, Facebook Groups, on-line coaching sessions, online courses, blogs, vlogs, and other public forums on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards and other public forums in the future. The Company or its designated agents may remove or alter any user-created content at any time for any reason. Message boards and other public forums are intended to serve as discussion centers for users. Information and content posted within these public forums may be provided by Company staff, the Company’s outside contributors, or by users not connected with the Company, some of whom may employ anonymous user names. The Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.

The Company has no obligation whatsoever to monitor any of the content or postings on the message boards, online courses, and other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A BREACH OF DUTY WHETHER IN CONTRACT, IN TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL THE COMPANY, ITS DIRECTORS, OFFICERS EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF THE COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

The Site is provided only as general information and should not be relied upon or used as the sole basis for making decisions. The Site does not provide legal, professional, personal, or financial advice. The information contained on the Site cannot replace or substitute for the services or advice of trained professionals in any field, including, but not limited to, personal, financial or legal matters. Specifically, the Site is not intended to constitute advertising, invite an attorney-client relationship or serve as a source for legal advice. Since no legal advice is provided through the Site, you should not rely upon any information contained herein for any purpose without seeking legal advice from a duly licensed lawyer competent to practice law in your jurisdiction.

The Site is continually under development and the Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.

By using the Site, you do hereby release and discharge the Company, its directors, officers, employees and agents of and from any and all manner of actions, causes of action, suits, contracts, claims, demands and damages of any nature or kind whatsoever.