TERMS OF SERVICE

Elk Consulting LLC
Last Updated: August 7, 2025

1. ACCEPTANCE OF TERMS

These Terms of Service (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Elk Consulting LLC ("we," "us," or "our"), concerning your access to and use of our website and our wine consulting services (collectively, the "Services").

By accessing or using the Services, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

2. AGE REQUIREMENT (21+)

Elk Consulting LLC operates within the wine and alcohol industry. By accessing our Services, you represent and warrant that you are at least 21 years of age. We do not provide services to, nor do we knowingly collect information from, individuals under the legal drinking age. If you are under 21, you are not permitted to use our Services or provide us with any personal information.

3. MOBILE MESSAGING TERMS

By consenting to Elk Consulting LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Elk Consulting LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.

A. Service Description
Service-related messages may include updates, alerts, and information (e.g., appointment reminders, order updates). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

B. Opt-In
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Elk Consulting LLC. Your participation in this program is completely voluntary.

C. Fees
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.

D. Opt-Out
You may opt-out of the Service at any time. Text the single keyword command STOP to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

E. Help
For Service support or assistance, text HELP or email [email protected].

F. Carrier Liability
Carriers are not liable for delayed or undelivered messages. We cannot guarantee the successful delivery of text messages, as delivery is subject to effective transmission from your mobile service provider.

4. NATURE OF SERVICES

Elk Consulting LLC is a consulting firm. We provide advice, education, curation, and management services regarding wine.

We are not a retailer: We do not hold liquor licenses to sell alcohol directly to consumers. We assist clients in sourcing wines through licensed third-party retailers, importers, and auctions.

Investment Disclaimer: Any information regarding wine valuation or investment potential is for informational purposes only. We are not financial advisors, and past performance of wine values does not guarantee future results.

5. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

6. PAYMENT AND CANCELLATION POLICY

A. Payment
You agree to provide current, complete, and accurate purchase and account information for all purchases made via our 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.

B. Cancellations
For scheduled consultations or tastings, we require at least 24 hours notice for cancellations. Cancellations made with less than 24 hours notice may be subject to a cancellation fee or forfeiture of the deposit, at the discretion of Elk Consulting LLC.

7. PROHIBITED ACTIVITIES

You may not access or use the Service for any purpose other than that for which we make the Service available. As a user of the Service, you agree not to:

Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.

Circumvent, disable, or otherwise interfere with security-related features of the Service.

Use the Service to advertise or offer to sell goods and services.

Engage in any automated use of the system, such as using scripts to send comments or messages.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, 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 DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms of Service; (3) your violation of the rights of a third party, including but not limited to intellectual property rights.

10. GOVERNING LAW

These Terms shall be governed by and defined following the laws of the State of Florida. Elk Consulting LLC and yourself irrevocably consent that the courts of Florida shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

11. DISPUTE RESOLUTION

Binding Arbitration:
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

12. MODIFICATIONS TO TERMS

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change.

13. CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:

Elk Consulting LLC
487 NE 189th St
Miami, FL 33179, United States
Phone: 954-497-9834
Email: [email protected]