Agreement between User and elevateright.com

Welcome to the Elevate website. Earth Brands, LLC (“Elevate”) is the owner and operator of the website located at elevateright.com (the “Site”). The use of elevateright.com is provided to you subject to your compliance with all applicable terms, conditions, and notices (collectively, “Terms”). By using elevateright.com, you signify that you accept all of these Terms. Please take the time to thoroughly read these terms, and keep a copy of them for your records.

You must abide by Elevate’s policies when using elevateright.com. Please read our Privacy Policy, which also regulates the Site and lets visitors know how we gather and utilize their personal information.

Digital Communications

Emails sent to Elevate or visits to elevateright.com are considered electronic communications. You agree that all agreements, notices, disclosures, and other communications that we give to you electronically, through email, and on the Site, fulfill any legal need that such communications be in writing. You also consent to receiving electronic communications from us.

Your statement

If you use this site, you are in charge of keeping your password and account information private, preventing unauthorized access to your computer, and agree to take responsibility for all activities that take place under your account or password. Your account cannot be transferred, assigned, or otherwise changed to another person or organization. You agree that if your account is stolen or misused, Elevate is not liable for any unauthorized access to your account by third parties. In our sole discretion, Elevate and its affiliates reserve the right to refuse or cancel service, close accounts, or remove or edit content.

Online or offline, Elevate never purposefully collects personal data from children under the age of thirteen. You can only access elevateright.com if your parent or legal guardian gives you permission if you’re under the age of 18.

Refund and Cancellation Policy

For any products purchased within the last 30 days, Elevate provides complete returns. Any refund requests submitted more than 30 days after the original purchase date are not eligible. If you have any questions, please email us at [email protected].

Links to external websites or services

There may be links to other websites (“Linked Sites”) on elevateright.com. The Linked Sites are not under Elevate’s control, and Elevate is not liable for their contents, including any links contained within them, changes to them, or updates to them. You are merely receiving these links from Elevate as a convenience, and Elevate disclaims any endorsement or affiliation with the site’s proprietors.

Some of the services made available through elevateright.com are provided by external websites and businesses. By utilizing any product, service, or functionality coming from the elevateright.com domain, you hereby acknowledge and consent that Elevate may share such information and data with any third party with whom it has a business relationship in order to deliver the desired product, service, or functionality on behalf of users and clients of elevateright.com.

No unauthorized or forbidden use, or intellectual property

For as long as you completely abide by these terms of use, you are given a non-exclusive, non-transferable, revocable permission to access and use elevateright.com. You promise to Elevate that you will not use the Site for any purposes that are illegal or forbidden by these Terms as a condition of using the Site. You are not permitted to use the website in any way that could endanger another person’s use and enjoyment of the website or harm, disable, overtax, or impair the website. You are not allowed to use any methods that the Site has not specifically made available or made provision for in order to obtain or attempt to obtain any materials or information.

All materials that make up the Service, including text, graphics, logos, and images, as well as their compilation and any software used on the Site, are the property of Elevate or its suppliers and are shielded from infringement by copyright laws and other proprietary and intellectual property laws. You acknowledge that any such content may contain copyright and other proprietary notices, markings, or other limitations and that you will not alter such content in any way.

The Site’s content, in whole or in part, may not be altered, published, transmitted, reverse-engineered, transferred, sold, used in derivative works, or otherwise exploited by you. Content from Elevate cannot be sold again. Your use of the Site does not give you the right to use any protected content in an illegal manner, and you agree to keep all property rights and attribution notices intact in all content. You will only use content that is protected for personal use, and you won’t use it for any other purposes without Elevate’s and the copyright owner’s express written consent. You acknowledge that access to any protected content does not grant you any ownership rights. Except as expressly permitted by these Terms, we do not otherwise grant you any licenses, either express or implied, to Elevate’s or our licensors’ intellectual property.

Communication services are used

The “Communication Services” on the Site include message boards, chat rooms, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities. By using the Communication Services, you agree to only post, send, and receive messages and material that are appropriate and related to the specific Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Elevate is not required to keep an eye on the communication services. However, Elevate retains the right, in its sole discretion, to review any materials posted to a communication service and to remove any materials. Your access to any or all of the communication services may be terminated at any time, without prior notice, and for any reason.

At all times, Elevate reserves the right to disclose any information as necessary to comply with any applicable law, regulation, legal process, or governmental request, as well as the right at its sole discretion to edit, refuse to post, or remove any information or materials, in whole or in part.

When disclosing any personally identifying information about you or your kids through a communication service, exercise prudence at all times. Elevate expressly disclaims all responsibility for the communication services and any actions related to your involvement in any communication service since Elevate does not regulate or endorse the content, messages, or material found there. The opinions of managers and hosts do not always represent those of Elevate because they are not authorized spokespersons for the company.

There may be posted restrictions on usage, reproduction, and/or dissemination that apply to the materials that are uploaded to a communication service. In the event that you upload the content, you are in charge of following these restrictions.

Materials submitted to elevateright.com or posted on any Elevate website Elevate does not claim ownership of the materials you post, upload, input, or submit to any Elevate Site or our affiliated services (collectively “Submissions”) or that you provide to elevateright.com (including comments and suggestions). You do, however, grant Elevate, our affiliated businesses, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses by posting, uploading, inputting, providing, or submitting it. This permission includes, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your S

As stated in this clause, no payment will be made in relation to the use of your submission. You grant Elevate permission to post or use any Submission you make, but Elevate is not obligated to do so and is free to remove any Submission at any time for any reason.

By posting, uploading, providing, providing input, providing your Submission, or otherwise submitting it, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, provide, or submit the Submissions.

Accounts of a Third Party

Your Elevate account will be able to be linked to other accounts. You understand and accept that you are consenting to the continuing release of information about you to others by connecting your Elevate account to your third party account (consistent with your privacy settings on those third party sites). Use this tool sparingly if you do not want information about you to be disclosed in this way.

Users from abroad

From our offices in the USA, Elevate manages, oversees, and controls the Service. You are in charge of adhering to all local laws if you access the Service from a place outside of the USA. You acknowledge and agree that you will not access or use any Elevate Content through elevateright.com in any jurisdiction or for any purpose that is unlawful under any applicable laws, rules, or regulations.

Indemnification

You acknowledge that your use of or inability to use the Site or services, any user postings you make, your violation of any terms of this Agreement or your violation of any third party’s rights, or your violation of any applicable laws, rules, or regulations will subject Elevate, its officers, directors, employees, agents, and third parties to losses, costs, liabilities, and expenses (including reasonable attorney’s fees). Elevate reserves the right to take the sole defense and control of any matter that might otherwise be subject to indemnification by you at your expense. In this case, you will fully assist Elevate in establishing any relevant defenses.

Arbitration

Any dispute between the parties arising out of or related to these Terms and Conditions, or any of their provisions, whether in contract, tort, or otherwise at law or in equity for damages or any other consolation, shall only be resolved by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar entity. The arbitrator’s decision shall be binding, and any court with jurisdiction may enter judgment on it. The successful party shall be entitled to collect its costs and reasonable attorneys’ fees in any legal or equitable action, proceeding, or arbitration arising out of or relating to these Terms and Conditions. All disputes and claims relating to these Terms and Conditions, or any disputes arising from these Terms and Conditions, whether directly or indirectly, including Tort claims that are related to these Terms and Conditions, will be arbitrated, the parties agree. The Federal Arbitration Act will be used to interpret and implement this clause, the parties agree. The Arbitrator shall decide all aspects of the dispute, including the scope and enforceability of this arbitration clause. After these Terms and Conditions expire, this arbitration clause will remain in effect.

Waiver of Class Actions

Class arbitrations and class/representative/collective actions are not permissible in any arbitration under these Terms and Conditions; only individual disputes will be arbitrated in these instances. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Liability exclusion

EARTH BRANDS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

To the greatest extent permitted by law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. EARTH BRANDS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTA

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EARTH BRANDS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EARTH BRANDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination or access limitationsM

Elevate retains the right to immediately and without prior notice discontinue your access to the Site and any linked services, in its sole discretion. You hereby consent to the exclusive jurisdiction and venue of the courts in California in any disputes arising out of or connected to the use of the Site, and to the fullest extent permitted by law, this agreement shall be governed by the laws of the State of California. Any jurisdiction that does not permit the application of all elements of these Terms, including without limitation this clause, is prohibited from using the Site.

You acknowledge that nothing in this agreement or your use of the Site creates a partnership, joint venture, employment, or agency between you and Elevate. Nothing in this agreement limits Elevate’s ability to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Elevate with respect to such use. Elevate’s performance of this agreement is subject to existing laws and legal process. The warranty disclaimers and liability limitations set forth above, among other things, will not be deemed invalid or unenforceable by reason of applicable law. Instead, a valid, enforceable provision will be substituted that most closely matches the intention of the original provision, and the remainder of the agreement will remain in force.

In the absence of anything to the contrary in this agreement, it constitutes the entire understanding between the user and Elevate with regard to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Elevate with regard to the Site. This agreement’s printed version is admissible in court or administrative proceedings based on or relating to it to the same extent and subject to the same restrictions as other business documents and records originally generated and maintained in printed form. This also applies to any notice given in electronic form. The parties thus expressly request that this Agreement and any related papers be drafted in the English language.

Terms Changes

The terms under which elevateright.com is made available may be changed at any time by Elevate at its sole discretion. All earlier versions of the Terms are superseded by the most recent one. To keep up with our updates, Elevate advises you to examine the Terms from time to time.