Revised December 14, 2018
Eligibility. Access to this website, the interactive self-discovery tools and download free e-books is granted pursuant to a non-transferable license granted to you for limited use. That license has allowed you log in with credentials to be used by you alone. Additionally, this is only available to users who are 13 years of age or older, and by using this Website and Assessments, you represent and warrant that you are of legal age to form a binding contract with Elevate and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access this Website.
Registration. Certain areas of the Website and Assessments are only available if you complete the registration process.
In return for permitting you to visit the Websites and benefiting from our Assessments, content, and functionality, you agree to be bound by the terms of this Agreement.
Registration and Account Security. When you complete the registration process you will provide a username, email address, and password that will allow you to gain access to the Assessments.
You consent to and agree the provisions set out in the Governing Law and Jurisdiction.
Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please send a letter and self-addressed stamped envelope with sufficient postage to: Elevate Inc., 1024 Iron Point Road, Suite 100, #1207, Folsom, CA 95630.
This Agreement governs and includes, but is not limited to, the use of the Website and Assessments, including any content, functionality, and service offered on or through the Website.
For up to date information on our Website and Applications and all support facilities or if you are dissatisfied with our Website and Applications or have any questions concerning these Terms and Conditions, please contact firstname.lastname@example.org.
You are also responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your e-mail address and password. You agree to immediately notify Elevate by email at email@example.com if you think the security of your password has been compromised, or any disclosure or unauthorized use of your username or password, or any other breach of security, and to ensure that you exit from your account at the end of each session.
You are not permitted to do anything that may disrupt in any way the operation of the Website or Assessments.
You Specifically Agree That When Using The Website and Assessments, You Will Not:
Proprietary Rights. Elevate owns and retains all proprietary rights in the Website and the Assessment(s), and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Elevate and its licensors. You agree to not copy, post, distribute, modify, transmit, disclose, use, create any derivative works from, make commercial use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, other intellectual property or proprietary information accessible on the Website and the Applications, without first obtaining the prior written consent of Elevate or, if such property is not owned by Elevate, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material which is contained within the Website by advertisers and/or sponsors is protected by our and their copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You are not authorized to display or use the name Elevate, Elevations, or Elevations trademark in any other manner otherwise in the course of accessing our Website or Assessments via your PC, mobile device, tablet, or any other electronic devise without prior or written consent.
Modifications to Service. Elevate reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and the Assessments (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 Website or the Assessments. You understand that the Website and the Assessments may occasionally be unavailable for scheduled or unscheduled maintenance or updates, and that during this time it will not be available for your use.
Disclaimers. You agree that we are not liable for anything which has been transmitted or received, or ought to have been transmitted or received but was not.
We may record, preserve and disclose anything, which has been transmitted to, from or via, or posted to an Application and the Services, where required by law or where we are acting in good faith.
Elevate has in place security measures and has taken legally required and reasonable steps to protect the loss, misuse, and alteration of the information under our control including SSL encryption and firewall intervention. Please remember however that due to the inherent risk of the Internet we cannot guarantee the protection of such information against loss, misuse, or alteration.
You acknowledge and agree that Elevate is not responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury, as a result of use of the Website or Assessments. Use of the Website and the Assessments do not in any way guarantee that user will find a job, achieve personal satisfaction, or obtain any level of success, career or occupation. To the maximum extent allowed by applicable law, Elevate provides the Website and the Applications on an "as is" and "as available" basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Website or the Applications (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Elevate does not represent or warrant that the Website or Assessments will be uninterrupted or error free, secure or that any defects or errors on the website or application will be corrected. Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss, or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Website or Assessments.
From time to time, Elevate may make third party opinions, advice, statements, offers, or other third-party information or content available on the Website ("Third Party Content"). All Third-Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. Under no circumstances will Elevate be responsible or liable for any loss or damage resulting from your reliance on the Website or the Assessments.
Elevate makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Assessments.
Limitation on Liability. To the fullest extent allowed by applicable law, in no event will Elevate, its affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, damages for loss or corruption of data or programs, Elevate's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Elevate for the use of the Website and Assessments during the term of membership.
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 Website, the Assessments, or the service provider or the terms of this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
Further, we will not be liable for any claims, losses and/or damages of any nature resulting from:
Arbitration and Governing Law.
Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Website and the Assessments shall be binding arbitration administered by the American Arbitration Association under the Consumer Arbitration Rules, and said Arbitration shall be set in Sacramento, California. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Elevate in a small-claims court of competent jurisdiction in Sacramento County. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Elevate any class action, class arbitration, Personal Attorney General Action (PAGA) or other representative action or proceeding.
Notice of Rights. By using the Website or the Assessments in any manner, you agree to the above Arbitration Agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and Elevate (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action, Private Attorney General Action (PAGA) or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see Consumer Arbitration Rules of the American Arbitration Association.
Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Elevate (except for small-claims court actions) may be commenced only in the federal or state courts located in Sacramento County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Governing Law. This Agreement, and any dispute between you and Elevate, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Indemnity by You. You agree to indemnify and hold Elevate, its subsidiaries, affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), (b) any postings or content you post on the Website or the Applications, and (c) the violation of any law or regulation by you. Elevate reserves the right 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 connection therewith.
Notice. Elevate may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Website or the Applications in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Website and the Applications in an authorized manner.
Expiration; Suspension; Termination:
We may modify or terminate our services from time to time, for any reason, and without notice, without liability to you, any other user or any third party.
We have the right to take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorized us of the Website or Assessments. We also have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who uses this Website or Assessments.
Without limiting any of the foregoing, due to the nature of the Services Elevate provides, your access to the Website and Assessments will automatically expire at midnight on the thirtieth (30th) day from your initial registration of the Website and Assessments. Please print a copy of your Assessment(s) before the expiration of the thirty (30) days.
You consent to and agree the provisions set out in the Governing Law and Jurisdiction.