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Welcome to Elevate
Elevate Labs, LLC (“Elevate,” “we,” “us,” “our”), an affiliate of MindSnacks, Inc., provides its services (described below) to you through its website located at elevateapp.com (the “Site”) and its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, your sole remedy is to not use or access the Service.
Arbitration Notice
These Terms contain a mandatory arbitration clause, a jury waiver and a class action waiver. Unless you opt out of arbitration within 30 days of the date you first agree to these terms, you agree that (1) you will only be permitted to pursue claims against Elevate on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Services Description: The Elevate Service is designed to allow users to play games that are designed to train a variety of skills on a mobile device. These games are for entertainment and are not designed to diagnose, treat, mitigate or cure any disease and are not a substitute for medical advice.
Your Registration Obligations: You may be required to register with Elevate in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Elevate of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session when accessing the Service. Elevate will not be liable for any loss or damage arising from your failure to comply with this Section. Elevate reserves the right to monitor and login to your account in order to (1) prevent fraud, criminal activity, or misuses of our Service; (2) ensure the security of our IT systems, architecture and networks; (3) diagnose and remedy problems with the Service; (4) comply with legal obligations and legal process; and (5) protect our rights, privacy, safety or property, or that of our affiliates, you or other third parties.
Modifications to Service: Elevate reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Elevate shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Elevate may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other Content will be retained by the Service and the maximum storage space that will be allotted on Elevate’s servers on your behalf. You agree that Elevate has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted by the Service. You acknowledge that Elevate reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Elevate reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further acknowledge that these games are for entertainment only and are not designed to diagnose, treat, mitigate or cure any disease and are not a substitute for medical advice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Conditions of Use
User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content or use that is illegal or prohibited by Elevate. Elevate reserves the right to investigate and take appropriate legal action against anyone who, in Elevate’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to Post, email or otherwise transmit any Content that:
Fees and Payment
Payment Terms:
We offer certain premium versions, features or functionality of the Services (the “Paid Subscriptions”) for a fee. By signing up for and using the Paid Subscriptions, you agree to our Terms, and any additional terms and conditions provided here. The Paid Subscriptions provide you access to certain enhanced products, services, features and functionality (e.g., premium graphs and analysis, an ad-free browsing experience). By signing up for and using the Paid Subscriptions, including signing up for Free Trials of the Paid Subscriptions, you agree to pay any fees or other incurred charges that apply to the Paid Subscriptions (such as subscription fees).
When you sign up for the Paid Subscriptions, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Paid Subscriptions and for any other purchases you elect to make via the Services.
Unless otherwise stated, all fees due for the Paid Subscriptions are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Paid Subscription period, as applicable. Unless otherwise stated, Paid Subscriptions will auto-renew until you elect to cancel your access to Paid Subscriptions. All purchases of Paid Subscriptions are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Paid Subscription.
Termination or Cancellation of Paid Subscriptions:
You can manage your subscription, cancel it, or turn off automatic renewals through your Apple App Store, or Google Play Store account. If you choose to cancel your subscription, it will remain active until the end of your current subscription period. Please note that uninstalling Elevate will not cancel your subscription. Additional details about managing your subscription can be found here and here. Once you have cancelled your Paid Subscription and received confirmation, no other changes can be made to your account. The cancellation of a Paid Subscription will go into effect at the end of your current billing cycle, and you will have the same level of access to the Paid Subscription through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Paid Subscription through the end of that month.
If you do not pay the fees or charges due for your use of the Paid Subscriptions, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Paid Subscriptions (and may do so without notice).
Lifetime Subscription Terms and Conditions
If you purchase a lifetime subscription to a component of the Service (a “Lifetime Subscription”), you are entitled to access such components covered by your online order or in-app purchase for such Lifetime Subscription or other order mutually entered into by you and us for such Lifetime Subscription (collectively, an “Order”) for as long as such components of the Service are offered and supported by us. The Lifetime Subscription applies only to such components of the Service defined in the applicable Order and does not extend to any future services that may be developed or other components of the Service. Lifetime Subscriptions are intended for private, non-commercial use only. You may not assign, transfer or resell in any way Lifetime Subscriptions to any other person or entity. We reserve the right to revise the terms or make changes to the Lifetime Subscription, which will be communicated in these Terms of Service. Once you have purchased a Lifetime Subscription, your membership will last until the earlier of 99 years or for as long as we continue to offer the components of the Service for which you have purchased a Lifetime Subscription, unless you earlier choose to cancel your Service account in accordance with these Terms of Service or we discontinue business operations related to the Services. We make no warranties as to the expected duration of access to the Lifetime Subscription. In receiving a Lifetime Subscription, you acknowledge and agree that the components of the Services for which you purchase a Lifetime Subscription could change or terminate in the future.
Fee Changes:
To the maximum extent permitted by applicable laws, we may change our prices for Paid Subscriptions at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Subscription or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Paid Subscription prior to the change going into effect.
Discount, Coupon or Gift Codes:
If you have received a discount, coupon or gift code to a Paid Subscription, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the applicable Service and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to Paid Subscriptions, and to accounts not already subscribed to Paid Subscriptions. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Paid Subscription before the end of a free or discounted period if you do not want to continue with a Paid Subscription at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Paid Subscription, coupon validity dates, or purchase quantities. Elevate reserves the right to cancel discounts and coupon promotions at any time.
Free Trials:
We sometimes offer free trials of our Paid Subscriptions or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the Paid Subscriptions for a period of time, with details specified when you sign up for the offer.
In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until 24 hours prior to the Free Trial expiry.
Unless you cancel at least 24 hours before the end of the Free Trial, or unless otherwise stated, your access to the Paid Subscription will automatically continue and you will be billed the applicable fees for that Paid Subscription using the Payment Method you provided.
All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Paid Subscription.
If you decide you do not want to become a paying Paid Subscriptions user, you must cancel your subscription at least 24 hours before the end of the Free Trial period. Depending on the applicable Paid Subscription, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.
Paid Subscription features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Paid Subscriptions during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Paid Subscription at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.
Apple-Enabled Software Applications
Elevate offers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded, product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Elevate and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable Content.
No Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, sublicense, rent, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Elevate, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Elevate, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Elevate.
The Elevate name and logos, marks, and identifiers are trademarks and service marks of Elevate (collectively the “Elevate Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Elevate. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Elevate Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Elevate Trademarks will inure to our exclusive benefit. You agree not to delete or alter any copyright, trademark, or other proprietary rights notice from any part of the Service.
Third Party Material: Under no circumstances will Elevate be liable in any way for any Content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You acknowledge that Elevate does not pre-screen Content, but that Elevate and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Elevate and its designees shall have the right to remove any Content that violates these Terms of Service or is deemed by Elevate, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
User Content Posted on or through the Service: You are solely responsible for the Content and other materials you Post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not Post any Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein, or that does not comply with these Terms of Service. By Posting any User Content you hereby grant and will grant Elevate and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Elevate are non-confidential and Elevate shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Elevate may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Elevate, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Elevate respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Elevate of your infringement claim in accordance with the procedure set forth below.
Elevate will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Elevate’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: 1390 Market St, Suite 200, San Francisco, CA 94102.
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the Content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Elevate will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Elevate has adopted a policy of terminating, in appropriate circumstances and at Elevate's sole discretion, users who are deemed to be repeat infringers. Elevate may also at its sole discretion limit access to the Service or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Elevate has no control over such sites and resources and Elevate is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Elevate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Elevate is not liable for any loss or claim that you may have against any such third party.
Third Party Services
You may enable various online services to be directly integrated into your Elevate experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Elevate Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Elevate’s use, storage and disclosure of information related to you and your use of such services within Elevate (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Elevate shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Elevate is not responsible for the accuracy, availability or reliability of any information, Content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Elevate is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Elevate enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Elevate and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ELEVATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ELEVATE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE SERVICE WILL BE FREE OF VIRUSES AND OTHER DESTRUCTIVE CODE, (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELEVATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ELEVATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL ELEVATE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ELEVATE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Arbitration
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
All disputes, claims, or controversies arising out of or relating to the Terms of Service, the breach, termination, enforcement, interpretation or validity thereof, or the Service that are not resolved by mutual agreement shall be resolved by binding arbitration in San Francisco, California before a single arbitrator. Except in the event of a mass arbitration, the arbitration shall be administered by JAMS or its successor in accordance with the Expedited Procedures set forth in Rules 16.1 and 16.2 of the JAMS Comprehensive Arbitration Rules and Procedures. If 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, the arbitration shall be administered by JAMS or its successor in accordance with the JAMS Mass Arbitration Procedures and Guidelines, even if the actions or relationship giving rise to such dispute occurred prior to this version of the Terms.
Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Service must be commenced within one (1) year after the cause of action accrues or such cause of action or claim is permanently barred.
The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Judgment on the Award may be entered in any court having jurisdiction.
Class Action and Jury Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE PARTIES AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Termination
You agree that Elevate, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Elevate believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Elevate may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Elevate may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Service. Further, you agree that Elevate shall not be liable to you or any third-party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Elevate will have no liability or responsibility with respect thereto. Elevate reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and Elevate and govern your use of the Service, superseding any prior agreements between you and Elevate with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service shall be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Elevate agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Elevate to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Elevate, but Elevate may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Your Privacy
At Elevate, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at [email protected] or 1390 Market Street, Suite 200, San Francisco, CA 94102.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.