TERMS OF USE Last Modified: 11/21/2023 Acceptance of the Terms of Use.
These terms of use are entered into by and between You and ELEVATE90X, LLC ("ELEVATE90X"). The following terms and conditions, together with any documents they expressly incorporate by reference govern your access to and use of www.elevate90x.com, including any content, functionality, and services offered on or through www.elevate90x.com (the "Website") and the mobile Application (the "App") (herein, collectively referred to as the "Service"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service.
The owner of the Service is based in the State of Delaware in the United States. This Service is offered and available to users who are 13 years of age or older. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By using this Service, you represent and warrant that you are of legal age to form a binding contract with ELEVATE90X and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
ELEVATE90X is neither an agent of the individual or entity ordering any products or services (the "Requester"), nor an agent of a vendor or other provider (whether an individual or entity) providing any such products or services ("Provider"). The relationship (including any agreements) between the Requester and the Provider providing the services is independent of ELEVATE90X. ELEVATE90X shall not be liable for or obligated by or under any such relationships (or agreements) or any actions or obligations of any parties related thereto (including but not limited to User).
Changes to the Terms of Use. We may change our Service and policies, and we may need to make changes to these Terms of Use from time to time in our sole discretion so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not want to agree to these or any updated Terms, you can delete your account. Meanings For the Terms of Use.
This Terms of Use are a contract between you and ELEVATE90X (referred to in these Terms of Use as "ELEVATE90X," "us," "we," or "our"), the provider of the ELEVATE90X Services accessible from the ELEVATE90X Website and App (which are collectively referred to in these Terms of Use as the "Service"). You are agreeing to be bound by these Terms of Use. If you do not agree to these terms and conditions, please do not use the ELEVATE90X Service. In these Terms of Use, "you" or "User" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Use, we reserve the right to cancel your account or block access to your account without notice.
Information About You and Your Visits to the Service.
All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Prohibited Uses.
You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to, and you will not permit others to:
Additionally, you agree not to:
ELEVATE90X will strive to keep our platform a positive, safe environment for all its users. Our communities are designed for group engagement, exploration, and education for ages 13 and above. As such, ELEVATE90X will not allow for posting, uploading, distribution, storage, creation, or any publication of illegal or offensive material. The following is a brief list of prohibited material. ELEVATE90X will delete any such material and may suspend or ban the violator's account from the platform and, if appropriate, report the activity to law enforcement. All deletions of material, suspensions, or bans of the offending account is at the sole discretion of ELEVATE90X. The prohibited activities include, but are not limited to:
Intellectual Property. The Service, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ELEVATE90X, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. You must not:
ELEVATE90X shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Submissions and Privacy.
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of ELEVATE90X without any compensation or credit to you whatsoever. ELEVATE90X and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Links to Other Websites.
This Terms of Use applies only to the Service. The Service may contain links to other websites or apps not operated or controlled by ELEVATE90X. We are not responsible for the content, accuracy or opinions expressed in such websites or apps, and such websites or apps are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Service to another website or app, our terms and conditions are no longer in effect. Your browsing and interaction on any other website or app, including those that have a link on our platform, is subject to that website's or app's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you. Cookies. ELEVATE90X uses "Cookies" to identify the areas of our Service that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Service correctly or at all. We never place Personally Identifiable Information in Cookies. Changes To Our Service. You acknowledge and agree that ELEVATE90X may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at ELEVATE90X's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform ELEVATE90X when you stop using the Service. You acknowledge and agree that if ELEVATE90X disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials which is contained in your account. If we decide to change our Terms of Use, we will post those changes on this page, and/or update the Terms of Use modification date below. Modifications to Our App. ELEVATE90X reserves the right to modify, suspend or discontinue, temporarily or permanently, the app or any service to which it connects, with or without notice and without liability to you. Updates to Our App. ELEVATE90X may from time to time provide enhancements or improvements to the features and/ or functionality of the app, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the app. You agree that ELEVATE90X has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to the terms and conditions of this Agreement. Third-Party Services.
We may display, include, or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and agree that ELEVATE90X shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. ELEVATE90X does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
Term and Termination.
This Agreement shall remain in effect until terminated by you or ELEVATE90X.
ELEVATE90X may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from ELEVATE90X, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your Devices. Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your Devices.
Termination of this Agreement will not limit any of ELEVATE90X's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement. Copyright Infringement Notice.
If you are a copyright owner or such owner's agent and believe any material on our Service constitutes an infringement on your copyright, please see our Copyright Policy www.elevate90x.com for instructions on sending us a notice of copyright infringement. Indemnification. You agree to indemnify and hold ELEVATE90X and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees including reasonable attorneys' fees, due to or arising out of your: (a) use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ELEVATE90X NOR ANY PERSON ASSOCIATED WITH ELEVATE90X MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER ELEVATE90X NOR ANYONE ASSOCIATED WITH ELEVATE90X REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ELEVATE90X HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ELEVATE90X AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO ELEVATE90X FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Agreement to Arbitrate.
At ELEVATE90X's sole discretion, we may require You to submit any disputes arising from these Terms of Use or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ELEVATE90X'S INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and ELEVATE90X concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law. Notice of Dispute.
In the event of a dispute, you or ELEVATE90X must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: info@elevate90x.com. ELEVATE90X will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and ELEVATE90X will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or ELEVATE90X may commence arbitration. Binding Arbitration. If you and ELEVATE90X do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Promotions. ELEVATE90X may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
Survival.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of ELEVATE90X. ELEVATE90X will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. ELEVATE90X operates and controls the ELEVATE90X Service from its offices. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the ELEVATE90X Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Governing Law.
All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Waiver and Severability.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, and no delay in exercising, on the part of either party, any right, power, or privilege arising under this Agreement shall operate or be construed as a waiver thereof. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Entire Agreement.
The Terms of Use and our Privacy Policy constitutes the entire agreement between you and ELEVATE90X regarding your use of the Service and supersedes all prior and contemporaneous written or oral agreements between you and ELEVATE90X.
You may be subject to additional terms and conditions that apply when you use or purchase other ELEVATE90X's services, which ELEVATE90X will provide to you at the time of such use or purchase.
Your Comments and Concerns.
This Service is operated by ELEVATE90X Inc. Do not hesitate to contact us if you have any questions.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy www.elevate90x.com in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to:
Email: info@elevate90x.com
Telephone: 650.282.5173