Terms of Use.docx

Elevate App Terms of Use

Last Updated Date: 04/28/2023

WELCOME TO ELEVATE! PLEASE READ THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND ELEVATED ACCESS, INC. (“ELEVATE,” “WE,” “US” AND “OUR”). BY ACCESSING OR USING THIS WEBSITE, OR ANY OTHER WEBSITES WITH AN AUTHORIZED LINK TO THIS AGREEMENT (THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND APPLICATION (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY ELEVATE OR USERS OF THE WEBSITE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS FOR AN ACCOUNT (AS DEFINED BELOW), DOWNLOADING ELEVATE’S MOBILE APPLICATION (“APPLICATION”), AND/OR BROWSING THE WEBSITE OR APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE, AND IF YOU ARE BETWEEN 13 AND 18, YOU ARE USING THE SERVICE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN WHO IS AGREEING TO BE BOUND BY THE AGREEMENT, (3) IF YOU ARE A PARENT OR GUARDIAN OF A USER WHO IS BETWEEN 13 AND 18, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SHALL BE RESPONSIBLE FOR THE MINOR USER’S ACTS OR OMISSIONS WITH RESPECT TO THE SERVICE; AND (4) YOU ARE NOT A PERSON BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE OR APPLICATION, WHETHER AN END USER OR A CREATOR. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APPLICATION, OR THE SERVICES.

IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM, THEN THE AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AT ELEVATE’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 5.10 BELOW.

PLEASE BE AWARE THAT SECTION 18 OF THE AGREEMENT BELOW CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND ELEVATE HAVE AGAINST EACH OTHER WILL BE RESOLVED, INCLUDING WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT. SECTION 18 CONTAINS, AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND ELEVATE BE RESOLVED BY BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AGREEMENT: (1) YOU AND ELEVATE WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH OF US WAIVES OUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) EACH OF US IS WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY ELEVATE IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Elevate will make a new copy of the Agreement available at the Website and within the Application, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website and within the Application. We will also update the “Last Updated” date at the top of the Agreement. Any changes to the Agreement will be effective immediately for new Users of the Website, the Application, and/or Services and will be effective thirty (30) days after posting of notice of such changes on the Website and within the Application for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3.1 below). Elevate may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, the Application, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application, and/or the Services. Otherwise, your continued use of the Website, the Application, and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

How Our Services Work. Elevate provides a platform that allows end users of the Website or Application (“End Users”) to connect with certain athletes, coaches and others creating content for the Services (each, a “Creator”). To become a verified Creator, you must apply through the Website or Application by submitting an offer video. As an End User, you may subscribe to a Creator, where you may access to the content that the Creator posts in his or her feed, including marketing or promotional content, or receive notifications about the Creator or his or her activities on the Services.
Use of the Services and Elevate Properties. The Website, the Application, the Services, and the information and content available on the Website, the Application, and the Services (as these terms are defined below) (collectively, the “Elevate Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, Elevate grants you a limited license to reproduce portions of the Elevate Properties for the sole purpose of using the Services for your personal and/or professional purposes. Unless otherwise specified by Elevate in a separate license, your right to use any Elevate Properties is subject to the Agreement.

Application License. Subject to your compliance with the Agreement, Elevate grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application access through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
Updates. You understand that the Elevate Properties are evolving. You acknowledge and agree that Elevate may update the Elevate Properties with or without notifying you. You may need to update third-party software from time to time in order to receive the Services or use the Elevate Properties.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Elevate Properties or any portion of the Elevate Properties, including the Website and Application, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Elevate Properties (including images, text, page layout or form) of Elevate; (c) you shall not use any metatags or other “hidden text” using Elevate’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Elevate Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website or Application (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website or Application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Elevate Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Elevate Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Elevate Properties. Any future release, update or other addition to the Elevate Properties shall be subject to the Agreement. Elevate, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of the Elevate Properties terminates the licenses granted by Elevate pursuant to the Agreement.
Third-Party Materials. As a part of the Elevate Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Elevate to monitor such materials and that you access these materials at your own risk.

Registration.

Registering Your Account. In order to access certain features of the Elevate Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a User who has registered a user account on the Website or Application (each, an “Account”).
Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account (and if you are a parent or guardian supervising a minor user, you are responsible for all activities that occur under such minor user’s Account). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Elevate Properties if you have been previously banned from the Elevate Properties.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Elevate Properties. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Elevate Properties.

Creator-Specific Terms.

Creator Warranties. When using the Services as a Creator, you represent and warrant that:

You own all rights in and to Your Content (as applicable) and that you have the right to grant the rights described in this Agreement;
You have paid and will pay in full any fees, royalties or other payments that are due or may become due in connection with the use of Your Content by the End User or any third party;
Your agreement to this Agreement and the provision of any services hereunder does not violate any agreement that you may have with any third party;
Your Content does not infringe, misappropriate or otherwise use without authorization the intellectual property rights, privacy rights, publicity rights, moral rights or other legal rights of any third party, or violate any law, regulation or court order;
Your Content does not contain any third-party intellectual property or other materials unless you have the permission from the rights holder;
You do not offer the following content or services: (i) for any other third party that is the subject of any criminal action, or that is involved in, connected with or promotes illegal or unlawful activity, violence or hate speech; or (ii) that disparage or defame any person, entity, brand or business;
You covenant that any and all of Your Content, including but not limited to Content developed in connection with Requests and/or other digital and/or social media postings, communications or statements effected by or on behalf of Creator hereunder, will be effected in a manner that complies with applicable laws, rules, regulations and guidelines (including the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising – https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf), as well as the rules, regulations and policies of each applicable digital and/or social media platform, including with respect to disclosures necessary to clearly and conspicuously indicate to consumers that you have received consideration in exchange therefor, and any Governing Body (as defined below);
You will comply with all rules, regulations and requirements of any union or guild having jurisdiction over Creator, including by making any payments (including health and pension payments) required by any union or guild in respect of such individuals;
You are solely responsible for complying with, and ensuring that the terms of this Agreement and your acts and omissions hereunder comply with, any name, image and likeness (“NIL”) laws, rules, regulations, policies, guidelines or other requirements (“NIL Requirements”) or any other laws, rules, regulations, policies, guidelines or requirements applicable to you, or to which you are otherwise bound (e.g., promulgated by your academic institution, such institution’s athletic conference, and/or such institution’s national athletic association (collectively, “Governing Body”)); and
You agree that this Agreement creates an independent contractor relationship and it is your and Elevate’s express intent that the relationship be interpreted and held to be that of an independent contractor for all purposes. You agree that you are not a joint venturer, franchisee, partner, agent or employee of Elevate, and you will not represent yourself as such.

Payments to Creator.

As a Creator, you have the ability to make offerings available on the Services, including, but not limited to, subscriptions automatically renewing on a monthly basis. Elevate handles payments issues, such as fraud, chargebacks, and resolution of payment disputes with End Users. We try to provide timely access to the revenue that you have earned through Elevate, but you may occasionally experience delays in accessing any such revenue. We may also block or withhold access to your revenue for violations of this Agreement or other policies, or for compliance reasons, including collecting tax reporting information. When this happens, Elevate will do its best to communicate the reason to you promptly. If you have questions about access to revenue being blocked or withheld, please reach out to us at help@myelevatedaccess.com. In order to protect Creators, we may block End Users’ payments if we believe them to be fraudulent. If your Account balance becomes negative, we reserve the right to recover those amounts from future payments of revenue.
For each credit used by an End User to access Your Content, $1 will be allocated as revenue attributable to Your Content (“Your Allocated Revenues”). For example, if you price access to a particular piece of Your Content at 7 credits, Your Allocated Revenues for an End User’s election to access such content will be $7.00. Elevate shall then provide to each Creator sixty percent (60%) of all of Your Allocated Revenues and Elevate shall retain forty percent (40%).
Each Creator must register with the third-party payment provider selected by Elevate, which Elevate may change in its sole discretion. Creators may not use a payment provider other than the one selected by Elevate. Each Creator must provide the payment provider any information required in order to receive payments via the payment provider, e.g., information about the bank account that the Creator owns at a regulated financial institution. Any payments due to Creator from Elevate will be made via the payment provider. If available, Creator may transfer funds from its Account to Creator’s bank account by submitting a payment request. Creator’s request will be processed by the payment provider. If not available, Elevate will submit the payment request, for processing by the payment provider. In addition, Elevate may, in its sole discretion, transfer funds from an Account to a Creator’s bank account especially in the case of account inactivity. If a Creator does not provide the payment provider with all required information, a Creator may not be able to receive the payments due to such Creator. Elevate will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with Creator’s inability to receive payments as a result of Creator’s failure to provide such information. Creator acknowledges and agrees that Elevate does not operate, own, or control the payment provider; and Creator’s use of any payment provider is subject to the terms and conditions and privacy policies of that payment provider. Creator agrees that Elevate is not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or Creator’s failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. Elevate will be responsible for fees, costs, and expenses incurred in connection with the payment provider selected by Elevate. Unless otherwise agreed by Elevate in writing, Creator acknowledges and agrees that Creator is solely responsible for any other fees, costs, and expenses, including with respect to Creator’s bank account and foreign exchange fees. Notwithstanding anything to the contrary contained in this Agreement, if Elevate, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with our Services, Creator acknowledges and agrees that Elevate may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, are related to the violation.
In order to satisfy our tax obligations, Elevate may collect tax identification information from Creators, and, in certain circumstances, report this information and earnings to tax authorities, as legally required. For example, if you are located in the United States or are a United States citizen who has earned $600 or more, Elevate is required to issue you a Form 1099-K at year end. For purposes of Forms 1099-Ks, Elevate treats all Creator earnings as earned for the sales of goods or services. As a Creator, you are responsible for reporting any income, withholding, or other earnings-based taxes which may be due as a result of money you have earned on the Elevate Properties. We are additionally responsible for a number of transactional taxes across the world. These include, but are not limited to, Valued Added Tax (“VAT”), Goods and Services Tax (“GST”) and other local service or sales taxes in non-US locations (collectively referred to as “VAT”), as well as Sales Tax (as defined below). In locales where we are required to collect transaction tax from patrons, invoices presented to and payments processed from patrons will include the tier or custom payment amount plus the applicable tax. Applicable tax will be charged in addition to the price of a relevant transaction based upon the benefits that you indicate that you will be offering to End Users. We will use the benefit categories that you assign to your subscription or offering to calculate, collect, and remit the applicable taxes. Creators are responsible for ensuring that all of their benefits are properly categorized using good faith efforts and to the best of their abilities. Once settled, the tax amount will be automatically deducted from Creators’ earnings, and we will remit directly to the applicable taxing authority. A record of the transaction tax portion of the payment will be available on your earnings details page. Creators agree that they will provide us with any information and documents for accurate tax determination and compliance, where and as we request, or as otherwise required.

End User Payments, Fees and Subscription Terms.

Subscriptions. To enjoy full access to the Elevate Properties, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Subscription Cycle”). Your Elevate subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your Elevate subscription on January 5, your subscription will automatically renew on February 5 (as further explained in the “Subscription Cycles” subsection below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted Payment Methods from time to time.
Subscriptions Obtained Through Third Parties. If you obtain one or more subscriptions via a third party (e.g., an App Store), each subscription is also subject to the third party’s terms, and the provisions in this Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Agreement conflicts with the applicable third party’s terms regarding subscription purchase, billing, cancellation/refunds and payments. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your subscriptions to the Services will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party. You can visit our FAQs available at www.myelevatedaccess.com for instructions on how to cancel a subscription obtained via a third party.
Use of Credits. Depending on the subscription plan you choose and purchase, you will be allotted a certain number of credits to be used solely to access Content from Creators each Subscription Cycle. You can choose how you use your credits across the various Creators available to you. The Creators reserve the right to adjust the number of credits required to access their Content.

Credits expire at the end of each Subscription Cycle, meaning that any credits an End User does not use during the applicable Subscription Cycle will not roll over into future months, unless we expressly communicate otherwise. If your subscription is canceled or terminated, your unused credits will expire immediately. There will be no refund or payment for any unused amount. When your Subscription Cycle automatically renews for the next month, you will automatically receive your new allotment of credits. If you have any questions about how to use your credits, please contact us at help@myelevatedaccess.com.

Credits have no cash value or any other value outside of the Elevate Properties and are not redeemable for cash. For the avoidance of doubt, the credits do not operate or serve as stored value facilities in any way. You may not transfer, trade, gift or otherwise exchange Elevate credits.

RECURRING BILLING. BY INITIATING A SUBSCRIPTION WITH ELEVATE, YOU AUTHORIZE US TO CHARGE YOU FOR YOUR INITIAL SUBSCRIPTION PERIOD AND A RECURRING MONTHLY SUBSCRIPTION FEE AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD FOR SUCH VARYING AMOUNTS, WHICH MAY BE BILLED MONTHLY IN ONE OR MORE CHARGES. YOU ALSO AUTHORIZE US TO CHARGE YOU ANY OTHER FEES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE ELEVATE PROPERTIES, SUCH AS ANY APPLICABLE SIGN-UP FEE, TAXES AND CANCELLATION OR LATE FEES, AS FURTHER EXPLAINED BELOW. NOTE THAT EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE ELEVATE PROPERTIES AND/OR ANY CREDITS WITH ELEVATE, YOU WILL BE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION, OR IT IS OTHERWISE TERMINATED.
SUBSCRIPTION CYCLE. WHEN YOU SIGN UP AND PURCHASE YOUR ELEVATE SUBSCRIPTION, YOUR FIRST SUBSCRIPTION CYCLE WILL BE BILLED IMMEDIATELY. UNLESS WE EXPRESSLY COMMUNICATE OTHERWISE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH AND YOU WILL BE BILLED ON THE SAME DATE EACH MONTH. WE RESERVE THE RIGHT TO CHANGE THE TIMING OF OUR BILLING (AND IF WE DO, WE WILL MAKE ADJUSTMENTS TO THE AMOUNTS WE CHARGE, AS APPROPRIATE). IN THE EVENT YOUR PAID SUBSCRIPTION BEGAN ON A DAY NOT CONTAINED IN A GIVEN MONTH, WE MAY BILL YOUR PAYMENT METHOD ON A DAY IN THE APPLICABLE MONTH OR SUCH OTHER DAY AS WE DEEM APPROPRIATE. FOR EXAMPLE, IF YOU STARTED YOUR ELEVATE SUBSCRIPTION ON MARCH 31, YOUR NEXT PAYMENT DATE IS LIKELY TO BE APRIL 30, AND YOUR PAYMENT METHOD WOULD BE BILLED ON THAT DATE.
Taxes. The payments required under Section 5.1 of this Agreement do not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If Elevate determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Elevate shall collect such Sales Tax in addition to the payments required under Section 5.1 of this Agreement. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Elevate, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Elevate for any liability or expense Elevate may incur in connection with such Sales Taxes. Upon Elevate’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Refunds; Disputes. Generally, our fees are nonrefundable unless we specifically communicate otherwise at the time of purchase. WE DO NOT PROVIDE REFUNDS FOR ANY PRIOR MONTH’S UNUSED CREDITS. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following email address: help@myelevatedaccess.com.
PRICE CHANGES. WE RESERVE THE RIGHT TO ADJUST PRICING AT ANY TIME. UNLESS WE EXPRESSLY COMMUNICATE OTHERWISE, ANY PRICE CHANGES TO YOUR SUBSCRIPTION WILL TAKE EFFECT ON YOUR NEXT BILLING CYCLE UPON NOTICE COMMUNICATED THROUGH A POSTING ON THE ELEVATE WEBSITE OR MOBILE APPLICABLE OR SUCH OTHER MEANS AS WE MAY DEEM APPROPRIATE FROM TIME TO TIME, SUCH AS EMAIL. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE NEW FEES.
PAYMENT METHODS. YOU MAY EDIT YOUR PAYMENT METHOD INFORMATION BY LOGGING ONTO THE SERVICES AND EDITING IT IN YOUR ACCOUNT SETTINGS. IF A PAYMENT IS NOT SUCCESSFULLY SETTLED DUE TO EXPIRATION, INSUFFICIENT FUNDS OR OTHERWISE, YOU NONETHELESS WILL REMAIN RESPONSIBLE FOR ANY UNCOLLECTED AMOUNTS AND AUTHORIZE US TO CONTINUE BILLING THE PAYMENT METHOD OR ANY OTHER PAYMENT METHOD YOU HAVE PROVIDED, AS IT MAY BE UPDATED, INCLUDING IN THE EVENT YOU ATTEMPT TO CREATE A NEW ACCOUNT, REACTIVATE THE UNSETTLED ACCOUNT OR SIGN UP FOR A NEW ACCOUNT. THIS MAY RESULT IN A CHANGE TO YOUR PAYMENT BILLING DATES. IF WE CANNOT CHARGE YOUR ACCOUNT, WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO TERMINATE YOUR ACCESS TO OUR SITE OR ANY PORTION THEREOF.
CANCELLATION OF SUBSCRIPTION. UNLESS WE COMMUNICATE OTHERWISE, YOU MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME BEFORE YOUR SUBSCRIPTION RENEWS BY GOING INTO YOUR ACCOUNT SETTINGS ON THE SERVICES AND LETTING US KNOW YOU WOULD LIKE TO CANCEL. UNLESS WE COMMUNICATE OTHERWISE, FOLLOWING ANY CANCELLATION YOU WILL CONTINUE TO HAVE ACCESS TO YOUR SUBSCRIPTION THROUGH THE END OF YOUR CURRENT PREPAID SUBSCRIPTION CYCLE, UNLESS YOU CANCEL AND RECEIVE A REFUND IN WHICH CASE YOUR ACCESS WILL BE TERMINATED IMMEDIATELY. IF YOU CANCEL YOUR SUBSCRIPTION OR IT IS TERMINATED FOR ANY REASON, YOU WILL LOSE ACCESS TO ALL CONTENT, CREDITS OR FEATURES AVAILABLE THROUGH THE SUBSCRIPTION.

Relationship of the Parties. Any agreements created between an End User and a Creator are not binding on us. We are not liable for, or obligated to enforce, any agreements between an End User and a Creator, including with respect to any Content to be provided by a Creator. You will not consider Elevate, nor will Elevate be construed as, a party to such transactions, whether or not Elevate receives some form of remuneration in connection with the transaction, and Elevate will not be liable for any costs or damages arising out of or related to such transaction. No contractual obligations are created with us with respect to such transactions or agreements, and in the event that you have a dispute with one or more Users, you release Elevate (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Responsibility for Content.

Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and other materials accessible through the Services (“Content”), including the Elevate Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Elevate, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise share or make available (“Make Available”) through the Elevate Properties (“Your Content”), and that you and other Users of the Elevate Properties, and not Elevate, are similarly responsible for all Content they Make Available through the Elevate Properties (“User Content”).
No Obligation to Pre-Screen Content. You acknowledge that Elevate has no obligation to pre-screen Content (including, but not limited to, User Content), although Elevate reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation messages that you send using the Services. In the event that Elevate pre-screens, refuses or removes any Content, you acknowledge that Elevate will do so for Elevate’s benefit, not yours. Without limiting the foregoing, Elevate shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
Storage. Unless expressly agreed to by Elevate in writing elsewhere, Elevate has no obligation to store any of Your Content that you Make Available on the Elevate Properties. Elevate has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Elevate Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Elevate retains the right to create reasonable limits on Elevate’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Elevate in its sole discretion.

Ownership.

Elevate Properties. Except with respect to Your Content and User Content, you agree that Elevate and its suppliers own all rights, title and interest in the Elevate Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Application, the Services, or the Elevate Properties.
Trademarks. “Elevate” and other related graphics, logos, service marks and trade names used on or in connection with the Elevate Properties are the trademarks of Elevate and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Elevate Properties are the property of their respective owners.
Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Elevate Properties.
Your Content. Elevate does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Elevate Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. Subject to any applicable account settings that you select, you grant Elevate a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part), in any medium or manner, now known or hereafter devised, for the purposes of operating and providing the Elevate Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Elevate Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Elevate, are responsible for all of Your Content that you Make Available on or in the Elevate Properties.
Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Elevate.
Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Elevate through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Elevate has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Elevate a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Elevate Properties.

User Conduct

General. While using or accessing the Elevate Properties you agree that you will not, under any circumstances:

Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your Account status;
Interfere with or damage Elevate Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
Fail to honor any transaction agreed to by you, unless the Creator fails to comply with the terms of such transaction;
Post false, inaccurate, misleading, defamatory or libelous content;
Take any action that may undermine our feedback or ratings systems;
Bypass our robot exclusion headers, interfere with the working of the Elevate Properties, or impose an unreasonable or disproportionately large load on our infrastructure;
Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Use the Elevate Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or
Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities; or (vi) infringes a third party’s intellectual property or privacy or other proprietary right.

Acceptable Use. In connection with your access to and use of the Services, you will not, and will ensure that Your Content that you Make Available on the Services does not:

violate any law, regulation, or court order;
violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “droit moral,” or other legal rights of any third party;
submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity), including but not limited to:

defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the app is likely to humiliate, intimidate, or harm a targeted individual or group;
realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence;
depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition
overtly sexual or pornographic material, defined by Webster’s Dictionary as “explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings”;
inflammatory religious commentary or inaccurate or misleading quotations of religious texts; or
false information and features, including inaccurate device data or trick/joke functionality, such as fake location trackers.

send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
stalk, harass, threaten, or harm any third party;
impersonate any third party;
participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud; or
advocate, encourage, or assist any third party in doing any of the foregoing.

Investigations. Elevate may, but is not obligated to, monitor or review the Elevate Properties and Content at any time. Without limiting the foregoing, Elevate shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Elevate does not generally monitor user activity occurring in connection with the Elevate Properties or Content, if Elevate becomes aware of any possible violations by you of any provision of the Agreement, Elevate reserves the right to investigate such violations, and Elevate may, at its sole discretion, immediately terminate your license to use the Elevate Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

Interactions with Other Users.

User Responsibility. You are solely responsible for your interactions with other Users of the Elevate Properties and any other parties with whom you interact through the Elevate Properties; provided, however, that Elevate reserves the right, but has no obligation, to intercede in such disputes.
Content Provided by Other Users. The Elevate Properties may contain User Content provided by other Users. Elevate is not responsible for and does not control User Content. Elevate has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
Third-Party Services & Ads. The Elevate Properties may contain links and/or integrate with third-party websites and/or services (“Third-Party Services”) and advertisements for third parties (“Third-Party Ads”) (collectively, “Third-Party Services & Ads”). When you click on a link to or otherwise access a Third-Party Service or a Third-Party Ad, we will not warn you that you have left the Elevate Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Elevate. Elevate is not responsible for any Third-Party Services & Ads. Elevate provides these Third-Party Services & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services & Ads, or their products or services. You use Third-Party Services & Ads at your own risk. When you leave our Website, our Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is entered into between you and Elevate and not with the App Store. Elevate, not the App Store, is solely responsible for Elevate Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Elevate Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Elevate Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.
Additional Terms for Apple Applications. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

You acknowledge and agree that (i) the Agreement is concluded between you and Elevate only, and not Apple, and (ii) Elevate, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Elevate and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Elevate.
You and Elevate acknowledge that, as between Elevate and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Elevate acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Elevate and Apple, Elevate, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
You and Elevate acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Additional Terms for Google Applications. The following applies to any Google Play Sourced Application accessed through or downloaded from Google Play:

You acknowledge and agree that (i) the Agreement is concluded between you and Elevate only, and not Google, Inc. (“Google”), and (ii) Elevate, not Google, is solely responsible for the Google Play Sourced Application and content thereof. Your use of the Google Play Sourced Application must comply with the Google Play Terms of Service.
Google is only a provider of Google Play where you obtained the Google Play Sourced Application.
Elevate, and not Google, is solely responsible for its Google Play Sourced Application;
Google has no obligation or liability to you with respect to Elevate’s Google Play Sourced Application or this Agreement; and
You acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Elevate’s Google Play Sourced Application.

Indemnification. You agree to indemnify and hold Elevate, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “Elevate Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Elevate Properties; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws, rules or regulations. Elevate reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Elevate in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Agreement, or your access to the Elevate Properties.
Disclaimer of Warranties.

As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ELEVATE PROPERTIES IS AT YOUR SOLE RISK, AND THE ELEVATE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ELEVATE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ELEVATE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE ELEVATE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE ELEVATE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ELEVATE PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ELEVATE PROPERTIES WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE ELEVATE PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ELEVATE PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. ELEVATE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ELEVATE OR THROUGH THE ELEVATE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, ELEVATE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ELEVATE’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT ELEVATE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ELEVATE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ELEVATE PROPERTIES. YOU UNDERSTAND THAT ELEVATE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE ELEVATE PROPERTIES. ELEVATE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE ELEVATE PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ELEVATE PROPERTIES.

ELEVATE MAKES NO WARRANTY THAT ANY CONTENT PROVIDED BY ANY CREATOR WILL MEET YOUR REQUIREMENTS OR THAT SUCH SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ELEVATE MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE ELEVATE PROPERTIES.
WHILE WE MAY HELP FACILITATE THE RESOLUTION OF DISPUTES AMONG USERS THROUGH VARIOUS PROGRAMS, WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF TRANSACTIONS, THE TRUTH OR ACCURACY OF USERS’ CONTENT, THE ABILITY OF END UESRS TO INITIATE TRANSACTIONS, THE ABILITY OF CREATORS TO ACCEPT TRANSACTIONS, OR THAT A CREATOR WILL ACTUALLY HONOR A DEAL.

No Medical Advice.

IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR CONTENT AVAILABLE ON THE ELEVATE PROPERTIES. THE USE OF INFORMATION AND CONTENT PROVIDED THROUGH THE ELEVATE PROPERTIES IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE ELEVATE PROPERTIES OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

No Professional Advice. THE CONTENT AND INFORMATION LOCATED ON THE ELEVATE PROPERTIES ARE DESIGNED FOR EDUCATIONAL, INFORMATIONAL, AND ENTERTAINMENT PURPOSES ONLY AND IS NOT CONSTRUED TO BE ADVICE OF ANY KIND. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE ELEVATE PROPERTIES AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. YOU MUST NOT RELY ON ANY OF THE CONTENT AND INFORMATION FOR ANY PURPOSES WHATSOEVER, AND YOU MUST SEEK YOUR OWN INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION ON THE BASIS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES.

Limitation of Liability.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ELEVATE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ELEVATE PROPERTIESOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ELEVATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE ELEVATE PROPERTIES OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE ELEVATE PROPERTIES; (2) ANY DEALS OFFERED THROUGH THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE ELEVATE PROPERTIES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON ELEVATE PROPERTIES; OR (6) ANY OTHER MATTER RELATED TO THE ELEVATE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL ELEVATE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY ELEVATE AS A RESULT OF YOUR USE OF THE ELEVATE PROPERTIES IN THE SIX (6) MONTHS PRECEEDING THE DATE ON WHICH YOU FIRST ASSERT YOUR CLAIM. IF YOU HAVE NOT PAID ELEVATE ANY AMOUNTS IN THE SIX (6) MONTHS PRECEEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, ELEVATE’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
User Content. ELEVATE PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ELEVATE AND YOU.

Procedure for Making Claims of Copyright Infringement. It is Elevate’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Elevate by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Elevate Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Elevate Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Elevate’s DMCA Agent for notice of claims of copyright infringement is as follows: help@myelevatedaccess.com, Attn: Copyright Agent.
Termination.

Termination or Suspension of Services by Elevate. Elevate may terminate or suspend your right to use the Elevate Properties at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. We may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue our Services. Without limitation, Elevate may terminate or suspend your right to use the Elevate Properties if you breach any provision of the Agreement or any policy of Elevate posted through the Elevate Properties from time to time; if Elevate otherwise finds that you have engaged in inappropriate and/or offensive behavior; if Elevate believes you are creating problems or possible legal liabilities; if Elevate believes such action will improve the security of our community or reduce another User’s exposure to financial liabilities; if Elevate believes you are infringing the rights of third parties; if Elevate believes you are acting inconsistently with the spirit of this Agreement; or if despite our reasonable endeavors, Elevate is unable to verify or authenticate any information you provide. In addition to terminating or suspending your Account, Elevate reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Services is terminated or suspended, this Agreement will remain enforceable against you.
Termination of Services by You. If you want to terminate the Services provided by Elevate, you may do so by closing your Account for all of the Services that you use.
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes. Elevate will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

Remedies.

Violations. If Elevate becomes aware of any possible violations by you of the Agreement, Elevate reserves the right to investigate such violations. If, as a result of the investigation, Elevate believes that criminal activity has occurred, Elevate reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Elevate is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Elevate Properties, including Your Content, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Agreement; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; (5) protect the rights, property or personal safety of Elevate, its Users or the public; or (6) in connection with all enforcement actions or investigations or other government officials, as Elevate in its sole discretion believes to be necessary or appropriate.
Breach. In the event that Elevate determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for the Elevate Properties, Elevate reserves the right to:

Warn you via e-mail (to any e-mail address you have provided to Elevate) that you have violated the Agreement;
Delete any of Your Content provided by you or your agent(s) to the Elevate Properties;
Discontinue your registration(s) with any of the Elevate Properties, including the Services;
Notify and/or send Content to, and/or fully cooperate with, the proper law enforcement authorities for further action; and/or
Pursue any other action which Elevate deems to be appropriate.

No Subsequent Registration. If your registration(s) with or ability to access the Elevate Properties is discontinued by Elevate due to your violation of any portion of the Agreement or for any other inappropriate conduct, as determined by Elevate in its sole discretion, then you agree that you shall not attempt to re-register with or access the Elevate Properties through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Elevate reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

International Users. This Website and the Application can be accessed from countries around the world and may contain references to Elevate Properties and Content that are not available in your country. These references do not imply that Elevate intends to announce such Elevate Properties or Content in your country. The Elevate Properties are controlled and offered by Elevate from its facilities in the United States of America. Elevate makes no representations that the Elevate Properties are appropriate or available for use in other locations. Those who access or use the Elevate Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Arbitration Agreement. Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires that you and Elevate arbitrate disputes against one another. PLEASE BE AWARE THAT THIS SECTION 18 CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND ELEVATE HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 18 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND ELEVATE BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION 18 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS SECTION 18 CAREFULLY.

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Elevate agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or the Agreement and prior versions of the Agreement, including claims and disputes that arose between us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Elevate may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Elevate may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of this Agreement.
Informal Dispute Resolution. There might be instances when a Dispute arises between you and Elevate. If that occurs, Elevate is committed to working with you to reach a reasonable resolution. You and Elevate agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Elevate therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Elevate that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to help@myelevatedaccess.com or regular mail to our offices located at Elevated Access, Inc., 13522 Navajo, Suite 100, Tustin, CA 92782. The Notice must include: (1) your name, telephone number, mailing address, email address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

Waiver of Jury Trial. YOU AND ELEVATE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Elevate are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. YOU AND ELEVATE AGREE THAT, EXCEPT AS SPECIFIED IN THE SUBSECTION ENTITLED “BATCH ARBITRATION”, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Elevate agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Elevate from participating in a class-wide settlement of claims.
Rules and Forum. The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Elevate agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Elevate otherwise agree, or the Batch Arbitration process discussed in the subsection entitled “Batch Arbitration” is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.

You and Elevate agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under the subsection entitled “Batch Arbitration” is triggered, the AAA will appoint the arbitrator for each batch.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Elevate need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Elevate agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Elevate by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Elevate.

You and Elevate agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Elevated Access, Inc., 13522 Navajo, Suite 100, Tustin, CA 92782, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Elevate as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Elevate makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Elevate at Elevated Access, Inc., 13522 Navajo, Suite 100, Tustin, CA 92782, your continued use of the Services following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products distributed through the Services or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to Agreement) remain in full force and effect. Elevate will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

General Provisions.

Electronic Communications. The communications between you and Elevate use electronic means, whether you visit the Elevate Properties or send Elevate e-mails, or whether Elevate posts notices on the Elevate Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Elevate in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Elevate provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby release Elevate Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Elevate Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites or services of any kind arising in connection with or as a result of the Agreement or your use of the Elevate Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Elevate’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. Elevate shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Elevate Properties, please contact us at help@myelevatedaccess.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Governing Law. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Notice. Where Elevate requires that you provide an e-mail address, you are responsible for providing Elevate with your most current e-mail address. In the event that the last e-mail address you provided to Elevate is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Elevate’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Elevate at the following address: Elevated Access, Inc., 13522 Navajo, Suite 100, Tustin, CA 92782. Such notice shall be deemed given when received by Elevate by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of the Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Export Control. You may not use, export, import, or transfer the Elevate Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Elevate Properties, and any other applicable laws. In particular, but without limitation, the Elevate Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Elevate Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Elevate Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Elevate are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Elevate products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.