Terms of Service
Violation of any of the terms below will result in the termination of your Elevate account (“Account”) or your use of the Site and the Service. You agree to use of the Site, the Service and your Account at your own risk.
Creating an Account: You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You agree to allow Elevate to send periodic informational and promotional emails to all users of Elevate.
User Content: You are responsible for all information submitted to us and all content provided, including but not limited to business information, trademark, photographs, graphic and other text (“User Content”) and all activity that occurs under your account (even when Content is posted by others who have accounts under your Account). Users responding to surveys agree to provide accurate and truthful information regarding the services and experiences at retailers or businesses. Elevate does not pre-screen User Content, but Elevate and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Service.
Security of Your Account: Your login may only be used by one person — a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like. You are responsible for maintaining the security of your account and password. Elevate cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You understand that the technical processing and transmission of the Service, including User Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Restrictions on Use: You may not use the Site or our products or services for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or in the Service. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature. Your use of the Site and Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for the uses described in these Terms, and will make no other use of the content without our express written permission. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Payment: A valid credit card is required for paying accounts. Free trial accounts are not required to provide a credit card number. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, credit balances, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Upgrading and Downgrading: An upgrade from the free trial to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading. For any upgrade or downgrade in plan level, your credit card that you provided will be charged a prorated amount and then automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Elevate does not accept any liability for such loss.
Account Cancellation: You may cancel your Account at any time by email to email@example.com. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Termination: Accounts that are inactive for more than 30 days may also be removed without further notice. Elevate, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Elevate service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all User Content in your Account. Elevate reserves the right to refuse to provide the Service to anyone for any reason at any time.
Effect of Cancellation/Termination: All of your User Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
4.Modifications to the Service and Prices
Elevate reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice. Such notices may be provided at any time by posting the changes to the Site. Elevate shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5.Intellectual Property Rights
Content: All User Content posted on the Service must comply with U.S. copyright law. We claim no intellectual property rights over the User Content you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your User Content.
License Grant: We do not grant you any licenses, express or implied, to our intellectual property or that of our licensors, except as expressly authorized by these Terms of Service. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and the Service strictly in accordance with these Terms of Service. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms of Service.
Ownership: You understand that Elevate uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. All content included as part of the Site and the Service, such as text, graphics, logos, images, as well as all compilations, and any software used on the Site or in the Service, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to the Site, the Service or our intellectual property. You agree that you do not acquire any ownership rights in any protected content.
Trademarks: You agree to allow Elevate to display your company logo on the Site. You may not engage in site name squatting. We reserve the right to reclaim site names or subdomains on behalf of businesses or individuals that hold legal claim or trademark on those names. Accounts using business names and/or logos to mislead others will be cancelled.
THE PRODUCTS, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ELEVATE RESEARCH, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Elevate does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
7.LIMITATION OF LIABILITY
You expressly understand and agree that Elevate shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Elevate has been advised of the possibility of such damages), 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; (v) or any other matter relating to the service.
Waiver/Integration: The failure of Elevate to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Elevate and govern your use of the Service, superseding any prior agreements between you and Elevate (including, but not limited to, any prior versions of the Terms of Service).
Governing Law, Venue and Jurisdiction: The existence of the Site and the Service is not intended and should not be construed to mean that we are conducting business in all states of the United States of America, or that we consent to submit to the personal jurisdiction of the state or federal courts in any state in the United States, except the State of Minnesota. These Terms of Service shall be treated as though it were executed and performed in Minnesota, and shall be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.
Questions or Comments
Questions or comments regarding these Terms of Service should be sent to firstname.lastname@example.org.