AGREEMENT TO OUR LEGAL TERMS
Updated: January, 2025
We are All About ELD (“Compay,” “we,” “us,” “our”), a company operated in Virginia, United States. Welcome to our website. We operate the website http://www.allabouteld.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services” or “Digital Products” or “Digital Downloads”). By using our website, services, digital products, and any other digital resources, you are agreeing to our terms of use, and that you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree, do not use our website, services, or digital products. The company has the right to change these terms at any time without notification, check these terms for any updates. You can contact us by email at allabouteld87@gmail.com
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. By continuing to use our Website you are representing that you meet the minimum age requirements to form a binding contract in your jurisdiction.
OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1A. PROGRAM / SERVICE
ELevating ESL Teaching Academy
All About ELD (herein referred to as “All About ELD” or “Company”) agrees to provide the Program, “ELevating ESL Teaching Academy” Course (herein referred to as “Course 1 or Courses”) identified in the online website. As a condition of participating in Course 1, the Client agrees to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference. As part of Course 1, the Company shall provide the following to the Client: A Password Protected dashboard area: The Company shall maintain a dashboard area that will include video, audio and/or written lessons, templates, worksheets, checklists, slide decks and/or other training and support information. The client shall have access to this dashboard area for as long as they are a paying member of course 1 or until course 1 stops existing on the website. As of August of 2024, ELevating ESL Teaching Academy, course 1 or EETA was updated. If you bought ELevating ESL Teaching Academy before August, 2024 you will still have access to the material by being able to access the updated material/content that we made for the updated version of ELevating ESL Teaching Academy on our website. You will be given access instantly with no requirement for payment since you bought the course before August, 2024.
1B. PROGRAM / SERVICE
5 Strategies to Make Content Comprehensible to New Multilingual Learners (Newcomers) Course
All About ELD (herein referred to as “All About ELD” or “Company”) agrees to provide the Program, “5 Strategies to Make Content Comprehensible to New Multilingual Learners (Newcomers) Course” herein referred to as “Course 2 or Courses”) identified in the online website. As a condition of participating in Course 2, the Client agrees to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference. As part of Course 2, the Company shall provide the following to the Client: A Password Protected dashboard area: The Company shall maintain a dashboard area that will include video, audio and/or written lessons, templates, worksheets, checklists, slide decks and/or other training and support information. The client shall have access to this dashboard area for as long as they are a paying member of course 2 or until course 2 stops existing on the website.
1C. PROGRAM / SERVICE
ELDrive
All About ELD (herein referred to as “All About ELD” or “Company”) agrees to provide the Program/Service, “ELDrive” (herein referred to as “Service 3”) identified in the online website. As a condition of participating in ELDrive, the Client agrees to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the ELDrive, the Company shall provide the following to the Client: A Password Protected dashboard area: The Company shall maintain a dashboard area that will include video, audio and/or written lessons, templates, worksheets, checklists, slide decks and/or other training and support information that the client will be able to download at their discretion for their own use. Access to Service 3, ELDrive is a membership in which the client will get access to at least 1 new added digital resource each month. The client shall have access to this dashboard area for as long as they are a paying member of Service 3 or until Service 3 stops existing on the website.
DISCLAIMER
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to the Client’s participation in the Programs.
Client understands Cynthia Cannock (herein referred to as “Consultant”) and All About ELD, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of these Programs. If the Parties wish to continue their relationship, they shall execute a separate agreement. In addition, our Services do not warrant the accuracy, completeness, or usefulness of the information you find on our Website or any of our digital resources. Any reliance you place on such information is at your own risk. You, the Client, understand and agree that the Services/website/Digital resources and its content is merely informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, the Company is not responsible for any damages that result from the use of any of our Services or content.
2. INTELLECTUAL PROPERTY RIGHTS
2A. Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and marks are provided in or through the Services
“AS IS” for your personal, non-commercial use only. To be clear, if the Client violates the Company’s intellectual property rights, the Client’s access to the Courses will be terminated immediately, and the Client shall not be entitled to a refund of any portion of the fees.
2B. Your use of our Services
Subject to your compliance with these Legal terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable revocable license to:
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Access the Services; and
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Download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Please address your request to: allabouteld87@gmail.com
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
2C. Prohibited Activities
You may nor access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services you agree not to:
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Systematically retrieve data or torah content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
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Use any information obtained from the Services in order to harass, abuse or harm another person.
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Use the Services in a manner inconsistent with any applicable laws or regulations.
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Engage in unauthorized framing of or linking to the Services.
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Delete the copyright or other proprietary rights notice from any Content.
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Attempt to impersonate another user or person or use the username of another user. Use the Services to advertise or offer to sell goods and services.
3. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, testimonials, and other functionality, and may provide you with the opportunity to create, submit, display, transmit, perform, publish, distribute, or broadcast content and materials to use or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions''). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to use an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free to publicly display, reformat, translate, transmit, excerpt and distribute such Contributions (including you image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the forgoing. The use and distribution may occur in any media formats and through any media channels. We do not assert any ownership over your Contributions. You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
4. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging other to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions. We do no assume liability for any review, you hereby grant use a perpetual, non-exclusive, worldwide, royalty-free, paid assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
5. VARIATIONS, MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, update, revise, modify, or remove the content of the Services at any time or for any reasons at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services or Digital Products. We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site. The company may modify the terms of this agreement at any time. All modifications shall be posted on All About ELD, the Company’s site. The month that these Terms were last updated is noted at the top of this Agreement. Your continued use of our Services indicates your understanding, acceptance and agreement to any changes.
6. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and constructed in accordance with the laws of the Commonwealth of Virginia applicable to agreements made and to be entirely performed within the Commonwealth of Virginia, without regard to its conflict of law principles.
7. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.
8. PURCHASES AND PAYMENT
8A. FEES
In consideration of the Client's access to the Programs, the Client agrees to pay the following fees. The client must pay in full payment the price stated on the program or course selected on the day of their purchase. Prices for programs are subject to change. In the event that any payment is not made, the Company shall immediately suspend the client's access to any Courses and everything it comes with including any social media groups or apps.
Access to Service 3 or ELDrive is given to the client monthly by receiving full payment for the access each month. If the Client does not pay for Service 3 each month, access to the ELDrive will be suspended until payment is received. Service 3 is a monthly membership service.
8B. METHODS OF PAYMENT
If the client elects a service with a monthly fee for the payment plan or membership, the client hereby authorizes the Company to charge the client's credit card or debit card automatically according to the terms set forth in the Fees section above. Regarding recurring payments and outstanding invoices: If all eligible payment methods The Company have on file for the client are declined for payment of the client's monthly fee, the client must provide a new eligible payment method promptly or their program access will be removed. If the client does not request a refund within the terms of the program with the required coursework at the time of their refund request, they are required by law to complete the remaining payments of their payment plan and they understand that their membership will automatically continue and they authorize us (without notice to the client, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method The Company have on record for the client's account.
We accept Stripe and Paypal as methods of payment on our website.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change the prices at any time. All payments shall be in US dollars.
8C. REFUNDS POLICY
The Company wants the Client to be satisfied with the Client’s purchase, but The Company also wants the Client to give the Client’s best effort to apply all of the strategies in the course. The Company does NOT provide any money-back guarantee for any of the courses, services or programs since the client will have full access to all materials in the course, service or program once it's bought or on the specified start date.
The client may cancel their monthly membership to Service 3 or ELDrive at any time and will immediately lose access to the ELDrive.
The Company will promptly issue an instruction to its payment processor to issue the refund ONLY in the event that a double charge was made mistakenly by The Client or The Company. The Company does not control its payment processor and will not be able to expedite any refunds.
All refunds are discretionary as determined by All About ELD. To further clarify, The Company will not provide refunds for any Course, Program or Service at any time. All payments must be made on a timely basis. If payments are not made on time, the Company can remove access to the course material until payments are made.
In addition, no refunds will be made for any of our downloadable digital products.
If the Client has any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at support@allabouteld.
9. INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Programs, which provides education and information. The information contained in the Programs, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
10. FORCE MAJEURE
The Company shall not be liable or responsible to The Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or a company outage.
11. LIMITATIONS OF LIABILITY
In no event will we or our employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of date, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.
12. SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
13. MISCELLANEOUS
The Client agrees to absolve and do hereby absolve the Company of any and all liability or loss that the Client or any person or entity associated with the Client may suffer or incur as a result of the use of the Programs and/or any information and resources contained in the Programs. The Client agrees that the Company shall not be liable to the Client for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Programs/Courses.
The information, software, products, and service included or available through the Programs may include inaccuracies or typographical errors. Changes are periodically added to the information in the Programs. The Company and/or its suppliers may make improvements and/or changes in the Programs/Course/Products at any time.
The Company 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 in the Programs/Course/Products 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. The Company 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.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Programs/Course/Products, with the delay or inability to use the Programs or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Programs, or otherwise arising out of the use of the Programs, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to The Client. If the Client is dissatisfied with the Programs or any portion of it, the Client’s sole and exclusive remedy is to discontinue using the Programs.
14. NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or another statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
15. ASSIGNMENT
The client may not assign this Agreement without the express written consent of the Company.
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16. TERMINATION
The Company reserves the right, in its sole discretion, to terminate the Client’s access to the Programs and the related services or any portion thereof at any time, if The Client becomes disruptive to the Company or other Programs participants, if The Client fails to follow the Programs guidelines, or if The Client otherwise violates this Agreement. The Client shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
17. NDEMNIFICATION
The Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of the Client’s use of or inability to use the Programs and related services, any user postings made by the Client, the Client’s violation of any terms of this Agreement or the Client’s violation of any rights of a third party, or the Client’s violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client, in which event the Client will fully cooperate with the Company in asserting any available defenses.
18. RESOLUTION OF DISPUTES
The Client hereby expressly waive any and all claims the Client may have, now or in the future, arising out of or relating to the Programs/Courses. To the extent that the Client attempts to assert any such claim, the Client hereby expressly agrees to present such claim only in courts that are geographically within the Commonwealth of Virginia.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
20. EARNINGS DISCLAIMER
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook or any other social media, nor have they been reviewed, tested or certified by Facebook or any other social media medium.
There is no guarantee that the Client will earn any money or expertise using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings or expertise. Earning or expertise potential is entirely dependent on the person using our product, ideas and techniques. The Company does not position this product as a “get rich scheme” or “become an expert scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. The Client’s level of success in attaining the results claimed in our materials depends on the time the Client devotes to the programs, ideas and techniques mentioned, the Client’s finances, knowledge and various skills. Since these factors differ according to individuals, The Company cannot guarantee the Client’s success or income level. Nor are The Company responsible for any of the Client’s actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. The Client can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings, financial or expertise performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings or expertise potential. Many factors will be important in determining the Client’s actual results and no guarantees are made that the Client will achieve results similar to ours or anybody else’s, in fact, no guarantees are made that the Client will achieve any results from our ideas and techniques in our material.
21. OUR MINIMUM GUARANTEES
Unless otherwise noted, no digital products, downloads, courses, programs or services can be refunded. If the Client does not understand or agree with any of these conditions, please do not order any material. If the Client requires further clarification, please contact allabouteld87@gmail.com
22. EXTERNAL AND AFFILIATE LINKS
Sometimes we will link to external websites and sources that are outside of our Company for your convenience only. These links may include, but are not limited to advertisements, affiliate links, 3rd party website links, and sponsored links. In doing so, we recognize that we have no control over the contents of these sites, nor do we have any access to making changes or amendments to them.
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23. INFORMATION ABOUT THE CLIENT AND THE CLIENT’S VISITS TO THIS SITE
The Company processes information about the Client in accordance with our Privacy Policy. By using this site, the Client consents to such processing and the Client warrants that all data provided by the Client is accurate. You can refer to our Privacy Policy on our website www.allabouteld.com under the section called “Privacy Policy.”
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24. VIRUSES, HACKING AND OTHER OFFENSES
The Client must not misuse this Site by knowingly introducing any material which is malicious or technologically harmful. The Client must not attempt to gain unauthorized access to this site, the server on which this site is stored or any server, computer or database connected to this site. The Client must not attack this site via a denial-of-service attack or a distributed denial-of-service attack. By failing to comply with this provision, the Client would commit a criminal offense and the Client’s right to use this site will cease immediately and the Company will report the Client’s actions to the relevant authorities.
25. LIABILITY
The material displayed on my site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, I hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with my site or in connection with the use, inability to use, or results of the use of my site, any website linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: allabouteld87@gmail.com