Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "You") and Joey Bergles Training ("Company," "We," "Us"). By accessing, browsing, or purchasing from our store at elite-field-essence.com, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must immediately discontinue use of our store. Your continued use constitutes your acceptance of these Terms and any updates we make.

2. Use License

We grant you a limited, non-exclusive, non-transferable license to access and use our store for personal, non-commercial purposes. This license is subject to these Terms and does not include:

• Copying or reproducing content without permission
• Modifying, adapting, translating, or reverse-engineering our store
• Removing or altering any proprietary notices or labels
• Using our store for illegal activities or harassment
• Automated scraping, harvesting, or data mining
• Introducing malware, viruses, or malicious code
• Attempting to gain unauthorized access to our systems
• Reselling or transferring your account to third parties

3. User Accounts

3.1 Account Creation

To purchase products, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your password and account. You agree to:

• Provide accurate and truthful information
• Keep your password confidential
• Not share your account with others
• Immediately notify us of unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or abuse our services. You may request account deletion at any time, subject to legal retention requirements.

4. Products & Ordering

4.1 Product Availability

All products are subject to availability. We reserve the right to limit quantities, cancel orders, or discontinue products at any time. If an order cannot be fulfilled, we will issue a refund or offer an alternative product.

4.2 Product Descriptions & Pricing

We strive to provide accurate product descriptions, images, and pricing. However, errors may occur. We reserve the right to correct pricing errors, refuse orders that contain pricing mistakes, and cancel orders before shipment if a material error exists.

All prices are in USD and subject to change without notice. Prices do not include applicable taxes, shipping costs, or other fees unless explicitly stated.

4.3 Order Acceptance

Placing an order does not constitute an acceptance by us. We will confirm order acceptance via email. We reserve the right to refuse any order at our sole discretion.

5. Payment & Billing

5.1 Accepted Payment Methods

We accept payment through Stripe, which processes major credit cards and other payment methods. All payments are processed securely through Stripe's PCI-compliant payment gateway.

5.2 Your Payment Obligations

You authorize us to charge the payment method you provide for the full order amount, including taxes and fees. You represent that:

• You are the authorized user of the payment method
• The payment method is valid and in good standing
• You will pay all charges incurred
• You have sufficient funds to complete the transaction

5.3 Billing Disputes

If you notice an unauthorized charge or billing error, contact us immediately. You must report billing disputes within 30 days of the charge. Disputes reported after 30 days may not be eligible for reversal.

6. Shipping & Delivery

6.1 Shipping Address

You are responsible for providing a complete and accurate shipping address. We are not liable for orders shipped to incorrect or incomplete addresses provided by you. If the order cannot be delivered, it may be returned to sender at your expense.

6.2 Delivery Times

Estimated delivery times are provided for convenience and are not guaranteed. We are not liable for delays caused by shipping carriers, weather, natural disasters, or other factors beyond our control. Delivery times may be affected by:

• Processing time before shipment
• Carrier delays or issues
• Customs delays (international orders)
• Unforeseeable circumstances (acts of God)

6.3 Risk of Loss

Risk of loss and title transfer to you upon delivery to the shipping carrier. Once your order ships, you are responsible for any loss or damage during transit. We recommend purchasing shipping insurance for high-value orders.

6.4 International Shipping

International orders are subject to applicable customs duties, taxes, and tariffs. These are the responsibility of the recipient. We are not liable for customs delays or additional charges.

7. Returns & Refunds

7.1 Return Policy

Physical Products: Most physical products may be returned within 30 days of delivery for a full refund, provided the item is:

• Unused and in original condition
• In original packaging with all accessories
• With proof of purchase (order receipt)

Digital Products: Digital products are non-refundable once downloaded or purchased. This includes e-books, training videos, downloadable resources, and other digital content. By purchasing a digital product, you acknowledge this restriction.

7.2 Return Process

To initiate a return, contact our support team within the return window. You will receive instructions for shipping the item back to us at your expense (unless the return is due to our error). Once we receive and inspect the item:

• Approved returns will receive a refund to the original payment method
• Refunds typically process within 5-10 business days
• Return shipping costs are non-refundable unless the return is due to our error

7.3 Non-Returnable Items

The following items cannot be returned:

• Digital products or downloadable content
• Customized or personalized items
• Items that show signs of use or wear
• Items purchased from clearance or final sale sections
• Gift cards

7.4 Damaged or Defective Items

If you receive a damaged, defective, or incorrect item, contact us immediately with photos of the damage. We will either replace the item or issue a refund at our discretion. Return shipping for damaged items is covered by us.

7.5 Refund Exceptions

Refunds may be denied or reduced if the item shows signs of use, damage, or misuse. Returns requested outside the return window will not be accepted. Custom or made-to-order items cannot be returned unless defective.

8. Intellectual Property Rights

All content on our store, including text, images, graphics, logos, designs, and software, is the property of Joey Bergles Training or used with permission. Unauthorized reproduction, distribution, or use is prohibited. You may not:

• Copy, modify, or create derivative works
• Distribute, sell, or lease content
• Remove copyright or proprietary notices
• Use content for commercial purposes without permission
• Publicly display or transmit content

9. User Content

If you submit content to our store (reviews, feedback, testimonials), you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content. You represent that you own all rights to the content and have the authority to grant this license. By submitting content, you waive any claim of confidentiality or ownership.

10. Warranties & Disclaimers

10.1 AS-IS Disclaimer

Our store and products are provided "as-is" and "as-available" without warranties of any kind, whether express or implied. We disclaim:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, completeness, or reliability of content
• Uninterrupted or error-free service

10.2 Product Warranties

Product warranties are limited to the manufacturer's warranty if applicable. We do not provide additional warranties beyond those of the manufacturer. For product-specific warranty information, refer to the product page or contact our support team.

10.3 Service Availability

We do not guarantee that our store will be available 24/7. We may perform maintenance, updates, or repairs that temporarily interrupt service. We are not liable for downtime or interruptions.

11. Limitation of Liability

To the maximum extent permitted by law, Joey Bergles Training shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, lost revenue, or business interruption, regardless of the cause (contract, tort, negligence, etc.), even if advised of the possibility of such damages.

Our total liability to you shall not exceed the amount you paid for the product or service in question. Some jurisdictions do not allow limitations of liability, so this may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Joey Bergles Training, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our store or services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Content you submit or actions you take

13. Prohibited Conduct

You agree not to engage in any of the following:

• Illegal activities or violations of any law
• Fraud, deception, or misrepresentation
• Harassment, abuse, or threats toward others
• Discrimination based on protected characteristics
• Spam, malware, or malicious code
• Unauthorized access or system interference
• Selling or transferring your account
• Reverse engineering or copying our technology
• Posting private or confidential information
• Any activity that violates our policies or law

14. Dispute Resolution

14.1 Informal Resolution

Before pursuing legal action, you agree to contact us to attempt to resolve any dispute informally. Please provide details of the dispute, and we will work with you in good faith to find a resolution.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any legal action or proceeding shall be brought exclusively in the courts located in Denton County, Texas.

14.3 Arbitration

If informal resolution fails, you agree to resolve disputes through binding arbitration rather than court proceedings. This means you waive your right to a jury trial and court hearing. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules.

15. Third-Party Services

Our store uses third-party services including Stripe (payment processing), Supabase (hosting), and others. We are not responsible for their performance, interruptions, or policies. Your use of these services is subject to their terms and privacy policies.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our store. Your continued use after changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, it shall be severed, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, along with our Privacy Policy and any other policies posted on our store, constitute the entire agreement between you and Joey Bergles Training regarding your use of our store. They supersede all prior agreements and understandings. If there is a conflict between these Terms and other policies, these Terms shall prevail unless the other policy explicitly states otherwise.

19. Contact Us

For questions about these Terms, disputes, or to exercise your rights, please contact us: