Legal Disclaimer and Business Terms | Gabrie'le Eato LLC, Eleable LLC, & NDUnity

Legal Disclaimer and Business Terms

Effective Date: January 1, 2017 (Updated: January 18, 2025)

Introduction

This Legal Disclaimer and Business Terms page outlines the policies, contractual requirements, and intellectual property rights governing Gabrie'le Eato LLC, Eleable LLC, NDUnity, and all professional operations conducted by Gabrie'le Eato. These policies ensure compliance with applicable laws, fairness in agreements, and protection for all parties.

By engaging with Gabrie'le Eato LLC or its subsidiaries, you agree to these terms.

Ownership and Structure

1. Gabrie'le Eato LLC

The sole owner and managing entity of:

Eleable LLC – Providing digital marketing, consulting, and private contracting services.
NDUnity – A nonprofit organization dedicated to empowering the neurodivergent community through advocacy, education, and resources.

2. Intellectual Property

All intellectual property, branding, content, designs, and other creations associated with Eleable LLC, NDUnity, or Gabrie'le Eato’s professional operations are exclusively owned by Gabrie'le Eato LLC.
No transfer, sale, or licensing of these assets is valid unless documented in a written agreement issued by Gabrie'le Eato LLC and signed by authorized representatives with witness validation.
Unauthorized use of intellectual property is prohibited and may result in legal action.

Contract Validity Policy

Historical Practices (2017–2025)

From January 1, 2017, to January 17, 2025, Gabrie'le Eato’s professional operations recognized verbal agreements as a basis for collaboration under the following conditions:

1. Clear and Mutual Understanding:

Both parties demonstrated alignment and consistency in their actions with the terms verbally discussed, signifying mutual agreement and intent. However, it was understood that verbal agreements relied on the mental clarity and well-being of all parties involved to avoid misinterpretation or undue pressure.

2. Good Faith Compliance:

Verbal agreements were only valid when all parties operated in good faith, ensuring commitments were made voluntarily, without coercion, manipulation, or exploitation of vulnerable circumstances.

3. Contextual Validity:

Verbal agreements were considered valid only when made in environments conducive to clear communication, free from significant stress, confusion, or external pressures that could compromise decision-making.

4. Performance-Based Validation:

Verbal agreements were further validated by the consistent actions of all parties, ensuring that commitments were fulfilled in alignment with the terms discussed.

While verbal agreements were recognized during this period, they carried inherent limitations due to their informal nature, including the risk of misinterpretation, disputes, or unintended exploitation of stressful or unclear circumstances. Recognizing these challenges, Gabrie'le Eato LLC updated its policy as of January 18, 2025, to require all agreements to be formalized in writing to ensure clarity, fairness, and protection for all parties.

Updated Requirements (Effective January 18, 2025)

To ensure clarity and transparency, all new agreements must:

1. Be documented in formal written contracts issued by Gabrie'le Eato LLC.

2. Include authorized signatures from representatives of all parties.

3. Be validated with witness signatures to confirm authenticity and consent.

Verbal agreements will no longer be recognized as valid under this updated policy.

Liability Disclaimer

1. General Disclaimer:

Gabrie'le Eato LLC, Eleable LLC, and NDUnity assume no liability for:

Misinterpretations of agreements.
Unauthorized use of intellectual property.
Third-party actions or omissions.

2. Limitation of Liability:

Liability for any claims is limited to the fees paid to Gabrie'le Eato LLC or its subsidiaries for the services provided.
Under no circumstances shall Gabrie'le Eato LLC be liable for indirect, incidental, or consequential damages.

Privacy and Confidentiality

1. Privacy Policy:

All personal and business information shared with Gabrie'le Eato LLC is handled in compliance with applicable privacy laws.
Information will not be shared or sold to third parties without consent.

2. Confidentiality in Agreements:

All parties agree to maintain the confidentiality of information shared during engagements unless disclosure is required by law or agreed upon in writing.

Dispute Resolution and Governing Law

1. Arbitration Clause:

Any disputes or claims arising from these terms, agreements, or engagements shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
Arbitration will be conducted in Columbus, Ohio, and governed by Ohio law.
The arbitrator’s decision is final and binding on all parties.

2. Court Jurisdiction:

If arbitration is unsuccessful or deemed unenforceable, disputes will be resolved in the courts of Franklin County, Ohio, under applicable state and federal laws.

Severability

If any provision of this policy is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

No Waiver

Failure by Gabrie'le Eato LLC to enforce any provision of this policy does not constitute a waiver of that provision or any other provision.

Effective Dates

1. January 1, 2017: Historical practices requiring written agreements, authorized signatures, and witness validation.

2. January 18, 2025: Updates reaffirming historical practices and implementing enhanced transparency measures.

Virtual Agreements & Optional Witness

To ensure flexibility for virtual collaborations, agreements made remotely are subject to the following terms:

Witness Process (Optional):
- Witnesses for virtual agreements may sign electronically or validate their presence via a recorded video or written statement.
- In most cases, a witness is recommended but not required.
Acknowledgment of Risks Without a Witness:
- If no witness is present, the parties acknowledge and accept that:
  - Burden of Proof: In the event of a misunderstanding or dispute, the burden of proving the terms of the agreement will fall on the party opting out of witness validation.
  - Risk of Ambiguity: The absence of a witness may weaken the enforceability of the agreement if authenticity or clarity of signatures is contested.
Digital Signatures:
- Digital signatures are considered valid and enforceable if verified through a recognized electronic signing platform (e.g., DocuSign, Adobe Sign).
Voluntary Agreement:
- By signing virtually without a witness, all parties affirm that they fully understand and voluntarily accept these risks.

Contact Information

For questions or clarification regarding this policy, please contact:

Gabrie'le Eato LLC

Email: gabmissusa@proton.me

Acknowledgment

By engaging with Gabrie'le Eato LLC, Eleable LLC, NDUnity, or Gabrie'le Eato’s professional services, all parties acknowledge and agree to the terms outlined in this Legal Disclaimer and Business Terms policy.

OTHER TERMS AND CONDITIONS

Effective Date: January 1, 2017
Last Updated: January 18th, 2025

These Terms and Conditions (the "Terms") govern your access to and use of the websites, platforms, and digital content operated or provided by Gabrie'le Eato LLC, DBA Gabrie'le Eato ("we," "us," "our"). By accessing or using our services, websites, or engaging with any content provided by us, you agree to these Terms. If you do not agree, you may not access or use our services.

1. Proprietary Rights

All content provided through our platforms, including but not limited to videos, photographs, designs, graphics, text, music, and other creative works, is the exclusive property of Gabrie'le Eato LLC unless explicitly stated otherwise. As the sole creator of this content, we retain all intellectual property rights, including copyrights, trademarks, and other proprietary rights.

Permitted Use:

You may view and download content for personal, non-commercial use only.
Commercial use, distribution, or reproduction of any content is prohibited without prior written consent.

Prohibited Use:

Copying, modifying, or exploiting any content without authorization.
Using our content in any manner that violates applicable laws or infringes on our rights.

2. User Conduct

You agree not to use our platforms or services to:

Post or transmit unlawful, defamatory, obscene, or offensive material.
Violate the rights of others, including intellectual property or privacy rights.
Engage in spamming, hacking, or other disruptive activities.
Use automated tools, such as bots, to scrape data or interact with our platforms.

We reserve the right to monitor, review, and remove any user-generated content that violates these Terms or applicable laws.

3. Unsolicited Materials

We do not accept or consider unsolicited materials, including ideas, proposals, or designs. By submitting such materials, you agree:

They are not confidential.
We have no obligation to review, return, or compensate you for them.

4. Dispute Resolution

All disputes arising under these Terms shall be resolved as follows:

Arbitration: Any dispute shall be resolved exclusively through binding arbitration administered by JAMS in accordance with its rules.
Jurisdiction: The arbitration shall be conducted in Ohio. If arbitration is deemed unenforceable, disputes shall be resolved in the state or federal courts located in Ohio.
Waiver of Class Actions: Disputes will be resolved on an individual basis, and no class action proceedings are permitted.

5. Limitation of Liability

To the fullest extent permitted by law, Gabrie'le Eato LLC shall not be liable for any:

Indirect, incidental, or consequential damages arising from the use or inability to use our platforms or content.
Claims exceeding the amount you paid for accessing our services (if applicable).

6. Privacy Policy

Your use of our platforms is also governed by our [Privacy Policy], which outlines how we collect, use, and protect your personal information.

7. Changes to Terms

We reserve the right to update or modify these Terms at any time, effective upon posting the revised Terms on our platforms. Continued use of our services indicates your acceptance of the updated Terms.

8. Contact Information

For questions or concerns about these Terms, contact us at:
Email: gabmissusa@proton.me

Acknowledgment

By accessing our platforms or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Gabrie'le Eato LLC DBA Gabrie'le Eato retains all rights to amend or enforce these Terms in accordance with applicable Ohio laws.

Limitation of Liability, Refunds, and Past Agreements

1. Limitation of Liability for Loss of Income or Data

Under no circumstances shall Gabrie'le Eato LLC be held liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of income, business profits, data, or opportunities, arising from or in connection with any services or content provided, whether such damages are based on contract, tort, or any other legal theory, even if Gabrie'le Eato LLC was advised of the possibility of such damages. In the case of a collaboration or trade of services with the other party, Gabrie'le Eato LLC is not liable for any business losses incurred by the other party, including but not limited to financial setbacks, client loss, or disruptions in business operations.

2. Refunds and Trade of Services

Refunds, if applicable, and any terms related to the exchange of services or goods (including any collaboration or trade of services) will be clearly outlined and agreed upon in a separate written agreement between Gabrie'le Eato LLC and the other party. All terms related to the scope of the collaboration, payment for services, or refunds will be agreed to by both parties in advance. These terms will supersede any general refund policy and shall be governed by the specifics of the agreement established for each individual collaboration or trade of service.

3. Past Agreements and Previous Matters

This agreement supersedes any prior agreements, understandings, or arrangements between Gabrie'le Eato LLC and the other party, whether written or oral, concerning the subject matter herein, unless explicitly stated otherwise. Any issues or obligations arising from previous dealings or agreements are not the responsibility of Gabrie'le Eato LLC unless explicitly agreed to in writing. All prior agreements or discussions related to the services, payments, or business dealings between the parties are considered resolved unless otherwise specified in this agreement.

4. Governing Law

All agreements, including those related to refunds, trade of services, and past matters, shall be governed by Ohio law.

Legal Compliance Statement - www.gab.legal.com

Scope of Services:
Gab Legal, a Gabrie'le Eato LLC owned consulting and Expert Witness Service, provides expert witness services, legal consulting, and policy interpretation related to disability rights, special education law, and neurodivergence. My services are strictly within the scope of expert analysis, consulting, and advocacy support for legal teams, educational institutions, and policymakers.

Non-Attorney Disclaimer:
I do not provide legal representation or act as an attorney. My role is to assist legal teams by offering professional insights, case analysis, and expert testimony within my field of expertise. Any legal decisions should be made in consultation with a licensed attorney.

Assessment and Evaluation Disclaimer:
I conduct structured assessments, including ADOS (Autism Diagnostic Observation Schedule – Gold Standard) and ADHD evaluations, to provide expert insights into neurodevelopmental conditions. While these assessments are conducted with clinical expertise, formal medical diagnoses may require additional steps depending on individual needs. My assessments are designed to support legal cases, educational accommodations, and advocacy efforts.

Limitations of Liability:
By utilizing my services, clients acknowledge that my role is limited to expert analysis and consultation. I do not assume liability for legal outcomes, and any decisions based on my insights should be made in coordination with qualified legal and medical professionals.

Confidentiality and Ethical Standards:
All client information and case details are handled with strict confidentiality and adhere to ethical standards in legal consulting and expert witness testimony. I comply with all applicable laws and guidelines governing privacy, professional conduct, and expert witness services.