TERMS & CONDITIONS
Agreement between User and www.elenacardone.biz and www.elenacardone.com
Welcome to www.elenacardone.biz and/or www.elenacardone.com. This website (the “Site”) is comprised of various web pages operated by Elena Cardone; Build An Empire, LLC (“BAE”) 10X Ladies; www.elenacardone.com; www.elenacardone.biz; and all affiliated Cardone Companies that fall under the umbrella of Cardone Enterprises. Use of www.elenacardone.biz and www.elenacardone.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.elenacardone.biz and www.elenacardone.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Visiting www.elenacardone.biz and www.elenacardone.com or sending emails to BAE constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
BAE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.elenacardone.biz and www.elenacardone.com only with permission of a parent or guardian.
Please understand that all digital products are excluded from the 100% money-back guarantee and non-refundable. Offers/Coupons cannot be used in conjunction with each other unless otherwise stated. Coupons are only valid during the advertised promotion period. Prices are subject to change without notice.
Most apparel items are fulfilled by 3rd party suppliers so we cannot refund or exchange the item if you ordered the wrong size, have buyer’s remorse, provide your address incorrectly, or have an unclaimed shipment returned to our 3rd party fulfillment center. Shipments that go unclaimed and are returned will be liable for the cost of a reshipment. If any address is considered insufficient by the courier and is returned, you will be liable for reshipment costs once we have confirmed an updated address with you. Any claims for misprinted/ damaged/ defective items/packages lost in transit must be submitted directly to our customer service department within 30 days. You can contact our Customer Service Department at 310-777-0255 during the hours of 9 AM to 6 PM EST, Monday through Friday or reach us via email at email@example.com
If for any reason you are unable to attend an event, within 15 days prior to the event you may request a 100% credit at our online store, or you may use the credit for a future live event; however please be advised that this only applies to tickets that are purchased without restrictions. There is only one ticket change request per ticket or per purchase. We reserve the right to deny any subsequent ticket change requests. Any ticket purchased as part of an Agreement or with a promotional gift item, such as a gift with purchase, is not subject to store credits.
All requests for credit must be submitted to firstname.lastname@example.org at least 15 calendar days prior to the Event. Please note that Processing Fees on ticket purchases are non-refundable and are not eligible for store credit.
Any purchase of the Build An Empire University virtual training program is final. We do not offer digital product refunds, once a download/digital access has been assigned to you there is nothing we can retrieve back. We do not accept any verbal modifications of the “no refund” policy.
Links to Third Party Sites/Third Party Services
www.elenacardone.biz and www.elenacardone.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BAE and BAE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BAE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BAE of the site or any association with its operators.
Certain services made available via www.elenacardone.biz and www.elenacardone.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.elenacardone.biz and www.elenacardone.com domains, you hereby acknowledge and consent that BAE may share such information and data with any third party with whom BAE has a contractual relationship to provide the requested product, service or functionality on behalf of www.elenacardone.biz and www.elenacardone.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BAE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BAE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of BAE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BAE or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by BAE from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BAE Content accessed through www.elenacardone.biz and www.elenacardone.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless BAE, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BAE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BAE in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and BAE agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BUILD AN EMPIRE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BUILD AN EMPIRE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUILD AN EMPIRE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BAE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BAE as a result of this agreement or use of the Site. BAE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BAE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BAE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BAE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BAE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
BAE reserves the right, in its sole discretion, to change the Terms under which www.elenacardone.biz and www.elenacardone.com are offered. The most current version of the Terms will supersede all previous versions. BAE encourages you to periodically review the Terms to stay informed of our updates.
If you attend one of our live events, you will be part of an event that is live streaming and recorded. Additionally, there will be still photographs and video segments taken throughout the event by ELENA CARDONE, and any other third-party participant, such as speakers and sponsors. Therefore, the purchase of any live event ticket is made with the understanding that it also contains a WAIVER AND RELEASE, and that you agree to the following:
I irrevocably grant permission to ELENA CARDONE, and all affiliated companies, to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. My actual testimony will not be edited. I acknowledge that there will be no compensation for my testimonial. I understand and agree that all photos and videos will become the property of ELENA CARDONE, and all affiliated companies and will not be returned.
I hereby hold harmless, release, and forever discharge ELENA CARDONE, and all affiliated companies from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. If my testimony is cut or not used, I agree that this was at the artistic discretion of ELENA CARDONE, and all affiliated companies and or its affiliates and that I will not take legal action. I also agree that any claims will be Arbitrated through the American Arbitration Association and that jurisdiction for any all claims is Miami, Florida.
If you have purchased a product or program that includes any form of physical activity, machinery, equipment, helicopter or airplane rides that is either on or off the premises of Cardone Enterprises or its chosen venue, then you shall assume all liability and shall release, defend, indemnify, and hold Elena Cardone, Grant Cardone, Cardone Enterprises, its affiliates, and their respective employees, officers, directors, and agents (all as indemnified parties) free and harmless from and against all losses in connection herewith in respect of injury to or death howsoever arising and whether or not caused by the negligence (whether sole, joint, or concurrent, or active or passive) of the indemnified parties, except to the extent such loss is caused by the gross negligence or willful misconduct of an indemnified party.
I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by ELENA CARDONE, and all affiliated companies, including without limitation any and all claims for libel or invasion or privacy. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto and supersedes any other agreement that may exist.
BAE welcomes your questions or comments regarding the Terms:
Build An Empire, LLC
18909 NE 29th Ave
Aventura, Florida 33180
Effective as of June 22, 2020