Terms and Conditions of Purchase

These Terms of Membership (“Membership Terms”) set forth your rights and responsibilities for accessing the Growth Club | and its sub-domains and affiliated sites, as well as Elevate Your Soul, LLC (“Growth Club” “my”, “me” or “I”) pages and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms and our Privacy Policy carefully, which are incorporated into these Terms. This document constitutes a legally binding contract between Elevate Your Soul, LLC (“Growth Club”) and other associated materials and sites linked hereto and operated or controlled by Growth Club (herein referred to as “Company”), and you regarding your purchase of a Membership (herein referred to as the “Membership” or “Membership Materials”). These Terms of Membership, the Terms and Conditions of the Membership, and the Privacy Policy are collectively referred to herein as the “Agreement.” The terms contained within this Membership Agreement are in addition to, and not in substitution of, the Terms & Conditions of the Membership. Should any inconsistency arise, this Membership Agreement shall prevail. By purchasing a Membership, you (herein referred to as “Member”) agree to the following terms as a condition of your participation in the Membership.
THE SECTION BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THIS SECTION AFFECTS YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ THEM.

1. PRICES, PAYMENT AND REFUND TERMS
The price for the Membership is $62.50, with a quarterly minimum requirement bringing payment to $187.50 which secures your Membership for three months. Membership Fees will be assessed at the commencement of each billing cycle. Payment shall be made by credit or debit card. Your purchase of the Membership shall only extend to one individual. Upon purchase, you will receive a username and password for your Membership. For example, if you purchase only one Membership, you will receive only one username and password, and only one person may access and use the Membership.

Your Membership Fee of $62.50 purchases a Membership at Growth Club for one (1) month, and your initial payment of the $187.50 secures your membership for a minimum of three months. Membership will be renewed on a quarterly basis at $187.50 per quarter. This is your membership rate for life at 50% off founding membership rate.

Refunds are not available after purchase. By purchasing your Membership, you agree and understand that your purchase price is indicative of your “ticket” into your Membership of the Growth Club. Put simply: if you choose not to participate in the Membership following your purchase, you are not entitled to a refund. All payments are non-refundable and non-transferable. For any questions regarding payments, please contact growthclubla@gmail.com

2. NO GUARANTEES.
While Elevate Your Soul, LLC will endeavor to provide every opportunity for growth, personal development, and networking opportunities to all Members, by purchasing this Membership, you agree that Elevate Your Soul, LLC makes no guarantees regarding the specific results those opportunities may present to each Member. Additionally, you agree that engaging in a “Membership Community” such as Growth Club provides the opportunity for you to reap the rewards of your own effort that you invest.

You agree that the facilitation of networking, dinners, and workshop options are subjective in nature, and therefore, Elevate Your Soul, LLC cannot guarantee specific results; nor make promises of future or guaranteed results. You acknowledge that you are solely responsible for creating and implementing all decisions, opinions, actions and results based on suggestions by Elevate Your Soul, LLC.

The Parties agree that Elevate Your Soul, LLC is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any opportunities provided by Elevate Your Soul, LLC. The Parties further agree that the Member has purchased the Membership in order to achieve their own networking, opportunities, growth gains, and therefore, Elevate Your Soul, LLC cannot be responsible for other aspects of the Member’s business or general success.

The Member further agrees that the Elevate Your Soul, LLC may facilitate introductions or conversations with legal, tax, financial, or otherwise-licensed professionals, and is providing the Member with general education, rather than specific legal, tax, or financial advice, and encourages the Member to engage the services of an attorney, accountant or other financial professional for specific strategies.

3. INTELLECTUAL PROPERTY

You understand and agree that the Membership contains proprietary information and materials, such as videos, photographs, text, graphics, images, and sound recordings, (collectively, the “Membership Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Membership that are owned by Elevate Your Soul, LLC and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Elevate Your Soul, LLC retains the ownership of its copyright in any and all aspects of the content pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code) (the “Work Product”). Any and all work produced in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Elevate Your Soul, LLC. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of participating in the Membership.

Duplicating, sharing, or uploading any Membership Content, including any unauthorized sharing on social media sites is considered stealing and an infringement of our intellectual property rights, and Elevate Your Soul, LLC will prosecute such misconduct to the fullest extent permitted by law, including but not limited to reserving the right of immediate expulsion from the Membership.

Elevate Your Soul, LLC provides you with the Membership solely for your own personal, noncommercial use, and you agree that you will not use any of the Membership Content, including any content shared by other Members, in any way whatsoever except for use in compliance with this Agreement. You will not use any Membership Content in a manner that constitutes an infringement of Elevate Your Soul, LLC rights or that has not been authorized by Elevate Your Soul, LLC. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Membership Content.

By using the membership, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Elevate Your Soul, LLC, the Membership, or the Membership Content, or infringe on any of Elevate Your Soul, LLCs or its licensors’ intellectual property in any way. Any material that you create must be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Membership and the Membership Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Elevate Your Soul, LLC and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE Membership, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF Elevate Your Soul, LLC AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

4. MEMBERSHIP PRINCIPLES
The Member Code of Conduct applies to every Member, and must be reaffirmed by each Member at the beginning of each renewal year.

Growth Club is first and foremost a community for ambitious humans to share information, ideas, resources and to network with other like-minded individuals with whom they can learn from and trust. The trust and integrity among our Members is the cornerstone that comprises the foundation of our community and mission. An integral factor in creating, and protecting, the relationships and openness within the Growth Club relies upon each Member’s dedication to the Growth Club Confidentiality and Non-Solicitation policy. In addition, you agree to respect the confidentiality of other Members of the Growth Club. This includes adhering to the Confidentiality and Non-Solicitation Policies set forth below.

CONFIDENTIALITY
Elevate Your Soul, LLC and Member will treat and hold all information of or relating to this Agreement, the including the business opportunities provided by Growth Club, conversations with other Members, and information provided by other Members, as well as the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement. Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Client in whatever form to any Parties outside of this Agreement. This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.

NON-SOLICITATION
As a member of Growth Club, you agree and understand that soliciting business, investment, or philanthropic opportunities to fellow Members, visitors, presenters, or staff is not permissible, absent written permission from Growth Club. You agree not to use your Membership as a marketing tool to promote your business (either for profit, or not for profit), any charitable organization, or otherwise personal cause. This includes posting about your business, your fund, investment opportunities, your events requiring a fee, or “free talks” which promote a for profit business. This includes, but is not limited to, posting such solicitations openly on Growth Club, or contacting other Members outside of the Membership via email, text message, or social media. These are all forms of solicitation within our community, requiring the express consent of Growth Club. If you do wish to share any of the aforementioned information, you may email growthclubla@gmail.com to inquire about potential opportunities. If you believe a Member is violating the Growth Club non-solicitation policy, please email growthclubla@gmail.com. Do not add other Members’ contact information (such as email addresses, postal addresses, and/or phone numbers) to any informational or educational investment communication lists without obtaining prior consent from the Member.

Solicitation Exceptions and Opportunities
Growth Club will, at times, and in its sole discretion, provide opportunities for Members to share about their businesses, personal causes, charitable causes, investment opportunities, etc (“Solicitation Opportunities”). At such times, the Growth Club will notify Members through our Workshops and through our communication hub. A Member may opt-out of any Solicitation Opportunity, and the other Members will respect the Non-Solicitation policy set forth above. Members who have agreed to engage in Solicitation Opportunities, and waive the non-solicitation policy are still required to honor the non-solicitation policy for Members of who are not participating in the Solicitation Opportunity, including the community at large.

NON-COMPETITION
By utilizing the Membership, and engaging with other Members, you will inherently have access to information that may otherwise be considered confidential. As such, every Member agrees to adhere to this Non-Competition Policy, and expressly agrees and understands that the violation of such can trigger immediate expulsion, as set forth below.

Each of the Parties hereto agrees that neither Party nor its affiliates and subsidiaries will, except with the other Party’s prior written approval, solicit or offer employment, whether directly or indirectly, to the other Party’s employees or staff engaged in any efforts under this Agreement for a period of two years after termination and/or completion of the Membership. This includes building any similar Growth Club Membership that would directly or indirectly interfere with Growth Club. No Member shall prepare any works that shall negatively impact, interfere with or otherwise hinder the sales of the Membership for the duration of the Term, or create any works that may violate Elevate Your Soul, LLC rights, title and/or interest in the Membership. This prohibition against the creation of competing works shall extend beyond the expiration and/or termination of this Agreement for a period of two (2) years from the date of termination of this Agreement. Nothing in this paragraph shall be deemed to prohibit the Member from continuing to distribute, publish or sell any other competing products which were in existence and being actively promoted by Member as of the date of this Agreement. It shall be Member’s sole responsibility to inform Elevate Your Soul, LLC of such competing products prior to the execution of this Agreement by the Parties.

5. RIGHT OF EXPULSION
Breach of Membership Principles: Consistent understanding and enforcement of the policies and procedures supporting the terms outlined herein promotes the core values of Growth Club. Undesirable behavior contrary to this code has the potential to harm the Growth Club reputation and the reputations of Members by their association with Growth Club. Given the foundational purpose of the Membership Principles, violations of the Membership Principles (Confidentiality, Non-Solicitation, Non-Competition) are met with zero tolerance, and may result in an immediate termination of your Membership. In the event of termination of Membership, no refunds will be given.

Termination: Shall Growth Club believe that the Member has breached any portion of this Agreement other than the Membership Principles, the Growth Club reserves the right to notify the Member of such suspected violation. The Member will have ten (7) days of receipt of notice to cure such breach. If the Member does not cure such breach within ten (7) days, Growth Club reserves the right to terminate the Member’s Membership. In the event of termination of Membership, no refunds will be given.

6. ADDITIONAL TERMS AND CONDITIONS

A. GOVERNING LAW. The Parties have entered into this Agreement in the State of California and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of California, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the California, and that venue of any action will be located in the Los Angeles County, CA.

B) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) Elevate Your Soul, LLC, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PLATFORM OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

C. BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.

D) TERMINATION. Elevate Your Soul, LLC is committed to providing all members with a positive experience. If you fail, or Elevate Your Soul, LLC suspects that you have failed, to comply with any of the provisions of this Agreement, Elevate Your Soul, LLC , in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Platform and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Elevate Your Soul, LLC under this Agreement will survive expiration or termination of this Agreement for any reason.

E) CHANGES. Elevate Your Soul, LLC reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Platform. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Platform will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Elevate Your Soul, LLC’s website or you may be notified by either e-mail or postal mail. If you have any questions, please contact us directly at growthclubla@gmail.com

F. INDEMNIFICATION. To the extent permitted by applicable laws, both Photographer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.

G. BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF CA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.

H) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Elevate Your Soul, LLC intellectual property rights and confidential and proprietary information by you, Elevate Your Soul, LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Elevate Your Soul, LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Los Angeles County, CA, United States of America for purposes of any such action by Elevate Your Soul, LLC.

I. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

J. COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.

K. NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.