ELEVATE D8 (ELEVATE) accomplishes its mission through offering various products and educational materials online, to our customers. These Terms & Conditions (“Terms”) apply to all of your activities engaged in with ELEVATE (e.g., purchasing products, reviewing educational materials, etc.), including all of its websites (“Services”).
If you live in the United States or Canada, by agreeing to these Terms you are agreeing to waive any and all jury trials and resolve any dispute with ELEVATE through binding arbitration (see the Dispute Resolution section, below).
You may need to setup an account with ELEVATE. You have responsibility for your ELEVATE account, and you must ensure that all the information you provide ELEVATE with is accurate, including your e-mail address. You should hold your username and password in strict confidence. If someone other than you obtains and uses your login credentials, ELEVATE reserves the right to disable your account, without providing you a refund.
Acknowledgement Regarding Products Sold by ELEVATE
ELEVATE sells certain CBD products that are derived from hemp to individuals above the age of 21. It is ELEVATE’s understanding that such products contain an amount of THC that is within the allowable limits prescribed by federal law and the laws of ELEVATE’s primary place of business. ELEVATE does not and shall not guaranty or otherwise represent to you that its products are legal in your state or territory. It is up to you, independently of any effort undertaken by ELEVATE, to determine the legality of ELEVATE’s products within your state or territory.
In addition, you should consult with a physician before using any product sold by ELEVATE. A doctor’s advice should be considered before using any hemp product. Any statements made by ELEVATE have not been evaluated by the FDA, and any products sold by ELEVATE are not intended to diagnose, treat, cure, or prevent any disease.
Payment for Services
You agree to pay the fees for ELEVATE’s Services that you elect to purchase, and you authorize ELEVATE to charge your debit or credit card or process other forms of payment for those fees. ELEVATE will not provide refunds, unless ELEVATE determines, in its sole discretion, that a refund is warranted.
All right, title, and interest in and to the ELEVATE’s online presence and its Services, including its website, its existing or future applications, its mobile applications, and its databases are and will remain the exclusive property of ELEVATE. You cannot use the ELEVATE name or any of the ELEVATE trademarks, logos, domain names, marketing materials, educational materials, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ELEVATE or the Services is entirely voluntary and ELEVATE is free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.
In accessing ELEVATE’s website or utilizing its materials and Services, you agree that you shall not copy, modify, create a derivative work of, reverse engineer, or reverse assemble ELEVATE’s Services or materials. In addition, you shall not use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as ELEVATE) to others.
Children & Individuals Under 21 Years of Age
ELEVATE does not knowingly sell products or provide Services to children under the age of twenty-one. If you are under the age of twenty-one, you must not use the Services.
You also agree that these Terms represent the entire understanding between you and ELEVATE, and they supersede all previous agreements, whether oral or written between you and ELEVATE. No change or modification of these Terms shall be valid unless the same be in writing and published by ELEVATE on its website. If any portion of these Terms is found to be invalid or unenforceable, it shall be severable from all other portions of these Terms.
Neither the waiver by ELEVATE of a breach of or a default under any of the provisions of these Terms, nor the failure by ELEVATE, on one or more occasions, to enforce any of the provisions of these Terms or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.
ELEVATE’s Services and products are provided on an “as is” and “where is” basis. ELEVATE makes no representations or warranties about the suitability, reliability, availability, timeliness, or security of the Services or ELEVATE’s products, and expressly disclaims any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ELEVATE makes no warranty that you will obtain specific results from use of the Services. Your use of the Services is entirely at your own risk.
You also agree that ELEVATE shall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, as a result of ELEVATE’s Services or your purchase or use of ELEVATE’s products. ELEVATE’s liability to you or any third parties under any circumstance is limited to the total amount paid by you to ELEVATE over the previous 12-month period before the event giving rise to your claim(s).
You agree to indemnify, defend, and hold harmless ELEVATE and its members, managers, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from any actions taken by you that are intentional or negligent. Your indemnification obligation will survive the termination of these Terms and your use of the Services. You also agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and ELEVATE.
Dispute Resolution and Class Action Waiver
Your relationship with ELEVATE and use of ELEVATE’s Services and materials shall be governed by the laws of the State of Oklahoma, and any disputes arising under these Terms shall be adjudicated in Logan County.
You agree that any controversy or claim arising out of or relating to these Terms or your relationship with ELEVATE and use of ELEVATE’s Services and products shall be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Procedures of the Commercial Arbitration Rules. The arbitration hearing shall take place before a single arbitrator in Logan County, Oklahoma. This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq. In addition, no arbitration proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated. Moreover, no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Updating these Terms
When ELEVATE deems it appropriate, it may update these Terms to clarify its practices or to reflect new or different practices. ELEVATE reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If ELEVATE makes any material change, it will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through its website. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.