Terms and Conditions of The Elite Mental Game

These Terms and the terms and conditions for use of the website, www.elitecompetitor.com, govern use of The Elite Mental Game program (the “Program”) offered by The Elite Competitor, LLC (“Company”). You should read this document and the website terms and conditions carefully and direct any questions to Company at [email protected]. 

 

Program Description

The Elite Mental Game is a mental training program designed for sports parents and their athlete children. Customers have access to all on-demand mental game trainings for the lifetime of the Program, as determined by the purchase of either The Elite Mental Game full program, The Elite Mental Game for Athletes, or The Elite Mental Game for Parents. Customers also have access to various bonus features. Certain content will be offered for a limited time. Program features offered for a specified period of time will be communicated to customers. 

 

Payment 

This section outlines the terms and conditions governing the payment options offered for the Program. You are required to make an initial payment at the time of signing up for the Program. The amount of payment due shall be determined by the payment option you select. We offer multiple payment options.

  1. One-time payment of the total amount due
  2. Monthly installments made in accordance with the payment option you select

In addition to purchase of the Program, EMG Live Support is offered free of charge for 90 days or the amount of time noted in the offer. Customers are required to activate this bonus, knowing that after the initial free trial period it will automatically charged on a recurring monthly subscription of the amount noted during the purchasing process. Customers may cancel at any time by submitting the cancellation form.

Any changes to payment schedules must be in writing and approved by Company. Additional fees or terms may apply to any modification of the payment option requested by a customer. We reserve the right to modify payment options, including terms, conditions and pricing, with notice to customers. 

 

Late Payments

Payments not received when due are considered late. Late payments may be subject to penalties, including but not limited to late fees, requirement of immediate payment of the remaining balance and/ or suspension of access to the Program. We reserve the right to pursue all legal remedies, including reporting late or delinquent payments to credit bureaus or collection agencies. 

 

Cancellation Policy

You may cancel your purchase within seven days of signing up for the Program for a full refund. We may authorize out-of-policy cancellations under special circumstances. If an out-of-policy cancellation is granted outside the 7-day period but before 30 days, we will retain $395.00 as compensation for the proprietary content that had been made available to you. Actual customer access and consumption of content shall not be a factor in approving an out-of-policy cancellation and refund.

 

Program Access

A purchased Program is available to your whole household. Therefore, your daughters, sons and spouses/partners may have access to the Program. You may not share access to the Program outside your household. 

 

Learning Portal Account Registration

You must create a user account, providing all required information in a complete and truthful manner. When creating an account with us, you confirm that you are either above the age of 18 or are the parent of the account holding minor. The parents of all minor children are responsible for setting up and safeguarding their child’s account.

You may not use a username of another person or entity or a username that is a trademarked name subject to the rights of another person or entity without authorization. You may also not use a username that is offensive, vulgar or obscene.

 

Children Under Thirteen 

Company is fully compliant with the Children’s Online Privacy Protection Act. We only collect reasonably necessary personal information from persons under the age of thirteen with verifiable parental consent and allow parents to control how their children’s personal information is used. If you are under 13 years old, you may use the Learning Portal, any related application of the Program and/or www.elitecompetitor.com only with the permission of a parent or guardian. 

 

Your Learning Portal Account 

You are responsible for maintaining the confidentiality of your account and password and for restricting access from unauthorized parties to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. You must notify us immediately if you believe your personal information, including but not limited to account access, credentials or personal data, have been compromised, unduly disclosed or stolen.

 

Learning Portal Account Termination

You may terminate your account by directly contacting us and requesting that your account be deleted. We reserve the right, at our sole discretion, to suspend or delete, at any time and without notice, accounts which we deem to be inappropriate, offensive or in violation of these Terms.

 

Copyright Policy 

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Learning Portal or any application related to the Program infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been used in a manner which constitutes copyright infringement, please submit your claim to [email protected] (“Copyright Agent”), with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held liable for damages (including related costs and attorneys’ fees) for misrepresentation or bad-faith claims. 

 

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  •  Identification of the specific copyrighted work(s) claimed to have been infringed;
  •  Identification of the material that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (e.g. URL);
  •  Your address, telephone number and email address;
  •  A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized;  
  •  A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright holder or a person authorized to act on behalf of the copyright holder; and  
  •  An electronic or physical signature of the copyright holder or a person authorized to act on behalf of the copyright holder.

 

Content Provided by Company - All rights reserved

Unless where otherwise specified or clearly recognizable, all content available on the Learning Portal or any application related to the Program is owned or provided by us or our licensors. We hold and reserve all intellectual property rights for our content. You may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Program, nor allow any third party to do so. Where explicitly stated, you may download, copy and/or share certain content available through the Program for its sole personal and non-commercial use.

 

Content Provided by Customers 

By providing content on the Learning Portal or any application relating to the Program, you represent and warrant that: (i) the content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your content on or through the Program does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You accept that by providing your own content, including pictures and/or comments on the Learning Portal or any application relating to the Program, you grant us a non-exclusive and royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Program, in communications, marketing materials, and other commercial purposes. You also agree to waive any moral rights in connection with content you  provide to the Learning Portal or any application relating to the Program. You agree that this license includes the right for us to make your content available to other users of the Program, who may also use your content subject to these Terms.

 

Email Messaging

We are committed to keeping your e-mail address confidential. We do not sell or share our subscription lists to third parties and will not disclose your email address to any third parties unless allowed under our Privacy Policy.

We will handle and store the information you send via email in accordance with applicable US federal law. In compliance with the CAN-SPAM Act, all e-mails sent from us shall clearly state who the email is from and shall provide information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to unsubscribe from our mailing list.

Customers who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the email.

 

Mobile Messaging

We may send promotional and transactional mobile messages. Promotional messages advertise and promote our products and services and may include promotions, specials, other marketing offers, and abandoned checkout reminders. Transactional messages relate to an existing or ongoing transaction and may include order notifications and updates, appointment reminders, and other transaction-related information. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed five messages per day. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.

 

User Opt-In

By providing your mobile phone number to us, you are voluntarily opting in to receiving SMS/MMS messages from us and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [email protected]. Your participation is not required to make any purchase from Company and your participation is completely voluntary.

 

User Opt-Out and Support

You may opt-out of receiving text messages at any time. If you wish to opt-out and stop receiving mobile messages from us, reply STOP to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate our texting programs and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

 

Modifications to Texting Program

We may modify or cancel our texting program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the texting program will constitute your acceptance of those modifications.​

 

No Therapeutic Relationship

We are not a licensed mental health provider. The Program does not constitute therapeutic services and does not create a therapeutic relationship between Company and its clients. The information provided through the Program is not intended to be a substitute for professional advice from a licensed health care professional, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, therapist, nurse, physician’s assistant, or any other health care professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Therefore, you are advised to not disregard or delay seeking professional medical or mental health advice due to information provided through the Program, our website, our free content, or information received as part of other services offered by Company. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.

 

Indemnification 

You agree to indemnify, defend and hold harmless Company, 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 Learning Portal or other services, any user postings made by you, your violation of any these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company 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 Company in asserting any available defenses. 

  

Governing Law 

These Terms shall be construed in accordance with the laws of the State of Washington. Company’s failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 

 

Dispute Resolution

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, 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, and all proceedings will be conducted in King County, Washington. The decisions of the arbitration shall be final and each party agrees to be bound by the arbitration board. 

In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, 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 regard to these Terms whether directly or indirectly. 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. 

  

Class Action Waiver 

Any arbitration under these Terms 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 party’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 Company 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. 

  

Liability Disclaimer 

The information available through the Learning Portal or any application related to the Program may include inaccuracies or typographical errors. Changes are periodically added to the information. Company may make improvements and/or changes on the Learning Portal or any application related to the Program at any time. Company shall not have any liability or responsibility for any error or omissions in the content of the Learning Portal or any application related to the Program, for you action or inaction in connection with the Program or any damage to your computer data or any other damage you may incur in connection with your use of the Learning Portal or any application related to the Program. 

 

Contact Us
We welcome your questions or comments regarding the Terms:
 
The Elite Competitor, LLC
300 Lenora Street, #6086
Seattle, Washington 98121
 
Email Address:
[email protected]
 
Effective as of December 20, 2023