Limitation of Liability
Last Updated: October 24, 2025
This section constitutes Section 9 of the EliteCircle Terms of Service. It outlines the limitations on the liability of EliteCircle and its affiliates, officers, directors, employees, and agents in connection with your use of the EliteCircle platform, membership services, courses, community features, and related tools.
Please read this section carefully. By using our services, you acknowledge that you have read, understood, and agreed to these limitations.
9.1 No Warranties
YOUR USE OF THE ELITECIRCLE PLATFORM AND ALL SERVICES PROVIDED THROUGH IT (INCLUDING BUT NOT LIMITED TO COURSES, AI-POWERED LEARNING PATHS, COMMUNITY FORUMS, AND LIVE SESSIONS) IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ELITECIRCLE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- ACCURACY, COMPLETENESS, OR TIMELINESS OF COURSE CONTENT, AI RECOMMENDATIONS, OR COMMUNITY POSTS.
- THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR VIRUSES.
- THAT ANY RESULTS OR OUTCOMES (E.G., CAREER GROWTH, SKILL ACQUISITION) WILL BE ACHIEVED THROUGH THE USE OF THE SERVICES.
9.2 Limitation of Direct Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELITECIRCLE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
- COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
- ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
- ANY MATTER RELATED TO THE SERVICES OR YOUR USE OF THE PLATFORM.
THE TOTAL LIABILITY OF ELITECIRCLE AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ELITECIRCLE DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU ARE A FREE USER OR WITHIN A TRIAL PERIOD, ELITECIRCLE'S TOTAL LIABILITY SHALL NOT EXCEED $100.00 USD.
9.3 Third-Party Content and Community
The EliteCircle platform includes community features where members may post content, share advice, and interact with others. EliteCircle does not control, endorse, or warrant the accuracy or quality of third-party content.
YOU AGREE THAT ELITECIRCLE SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, THIRD-PARTY INSTRUCTORS, OR CONTENT POSTED BY COMMUNITY MEMBERS. YOU ACCEPT FULL RESPONSIBILITY FOR YOUR PARTICIPATION IN COMMUNITY FEATURES.
9.4 Service Interruptions and Maintenance
EliteCircle reserves the right to suspend, modify, or discontinue any aspect of the services at any time without notice for maintenance, security updates, or other reasons. We shall not be liable for any interruption, delay, or loss of data resulting from such actions, provided that we use commercially reasonable efforts to minimize disruption.
9.5 Indemnification
You agree to indemnify, defend, and hold harmless EliteCircle and its affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- Your access to or use of the services;
- Your violation of these Terms;
- Your violation of any rights of another person or entity;
- Your content, conduct, or submissions to the platform.
9.6 Essential Nature of Limitations
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION ARE FUNDAMENTAL TO THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. WITHOUT THESE LIMITATIONS, ELITECIRCLE WOULD BE UNABLE TO PROVIDE THE SERVICES DUE TO THE PROHIBITIVE COST OF INSURANCE AND LIABILITY RISK. ACCORDINGLY, THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9.7 Governing Law Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS CONTAINED IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH CASES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.