Effective on October 21, 2018.
WE DO NOT PROVIDE MEDICAL ADVICE
Elevate LD and this site do not provide medical advice. All software, data, text, images, sounds, videos, and any other content made available through the Site, paid or unpaid, (collectively, “Content”) are for informational and/or educational purposes only. The Content of the Site is not a substitute for professional medical advice diagnosis, or treatment, nor is it intended to be. The Content on the Site is not a diagnostic tool. Any questions about a medical condition should not be directed to Elevate LD, but to a qualified medical professional. Elevate LD does not endorse or recommend any procedure, treatments, opinions, or any other Content that may be on the Site.
Nothing on the Site should be construed as creating a doctor patient, psychotherapist client, or any similar relationship. If you believe you, or someone you know, may have a problem, you should contact a local, licensed professional to complete authentic and valid evaluation, diagnoses, recommendation, and treatment.
If you, or anyone you know, is experiencing a medical emergency, call 9-1-1 immediately.
THESE TERMS GOVERN YOUR USE OF THE SITE AND SERVICES PROVIDED THROUGH THE SITE.
1. ACCEPTANCE OF TERMS
A. Elevate LD provides its Service (defined below) to you through its Site, subject to these Terms.
B. By accessing or using the Site, you represent and acknowledge that you have read and you understand and agree to be bound by these Terms, and that the information you provide in registering for or using any services with Elevate LD is accurate, complete, and is yours or within your right to use. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you,” “your” or related capitalized terms herein shall refer to such entity and its affiliates. If you do not have such authority or if you do not agree with these Terms, you may not use the Service or access the Site.
C. You acknowledge that these Terms constitute a contract between you and Elevate LD, even though it is electronic and is not physically signed by you and Elevate LD. You further acknowledge that these Terms govern your use of the Service and, except for written agreements or addendums signed by the parties that specifically modify or that conflict with these Terms, these Terms supersede any other agreements between you and Elevate LD.
2. AVAILABILITY OF THE SITE
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third party sites, that may affect your use of the Service and that are beyond our control to prevent or correct. Interruptions in the Service that are beyond our control shall not serve as a basis for a refund of any fees or as a basis not to comply with your contractual obligations.
3. DESCRIPTION OF SERVICE
A. Elevate LD Does not provide medical advice. Elevate LD provides a platform for information that can help parents with kids who have learning disabilities. The site allows for or in the future may allow for you to volunteer, seek employment opportunities, communicate with others, watch videos, read articles, purchase products, request assistance, an otherwise communicated with Elevate LD (collective, referred to as the “Service”). The Service includes (a) the Site, (b) the Elevate LD software, and (c) the goods or services provided to you through the Site, including all Content, which include, but are not limited to good or services related to the foregoing. Any new features added to or augmenting the Service are also subject to these Terms.
B. Elevate LD does its very best to make the Service available, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond its reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, or technical failures beyond its control.
4. THIRD PARTY SERVICES
A. External Sites. The Service may contain links to, or otherwise may allow you to connect to and use certain third party websites, products, services or software under separate terms and conditions (collectively, “Third Party Services”) in conjunction with our Service. If you decide to access and use such Third Party Services, be advised that your use is governed solely by the terms and conditions of such Third Party Services, and we do not endorse, are not responsible for, and make no representations as to such Third Party Services, their content or the manner in which they handle your data. Elevate LD is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Third Party Services, or your reliance on the privacy practices or other policies of such Third Party Services.
5. BILLING, PLAN MODIFICATIONS, AND PAYMENTS
A. Payments. Product or service purchases may be completed on the Site. For product and service purchases, prices will be as published on the Site.
B. Authorization to Charge Your Credit Card. By purchasing a product or service through the Site, you authorize Elevate LD to store your payment card information directly or with a third party service provider to charge the billing source you have provided for the donation you made or the product or service you purchased.
D. Taxes. Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). We will invoice you for such Taxes if we believe we have a legal obligation to do so.
6. INTELLECTUAL PROPERTY RIGHTS
A. Elevate LD shall maintain all rights, title and interest in and to all of its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to you to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith.
B. You grant Elevate LD a nonexclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to use, copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze any information or content you supply it. By providing information or content to us or to third-parties through the Service, you represent and warrant that you are entitled to and authorized to submit the information and content and that the information and content is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
C. Elevate LD shall have an unlimited fully paid up and royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you.
D. Elevate LD and Elevate LD’s other product and service names, and logos used or displayed on the Service are registered or unregistered trademarks of Elevate LD (collectively, “Marks”). Elevate LD’s Marks may not be used without permission. Elevate LD is not granting you a license or any intellectual property right to the Marks. Other trademarks, logos, and trade names that may appear on the Site or through the Service are the property of Elevate LD and its licensors (“Third Party Marks”). We are not granting you a license or any intellectual property right to the Third Party Marks. You may not remove any Marks, Third Party Marks or other source indicators from any part of Elevate LD’s content.
E. All rights, title and interest in and to the Service and its components, including all related intellectual property rights, will remain with and belong exclusively to Elevate LD and its third party vendors.
F. Upon completing the required or requested registration or payment for the Service (for the particular service or item registered for and purchased through the Site), and upon the condition that you comply with all of your obligations under this Agreement, Elevate LD grants you a non-exclusive, non-transferable, revocable license to access and use the Service (for the particular service or item registered for and purchased through the Site) and the Site, strictly in accordance with this Agreement and subject to all the limitations set forth in this Agreement and any additional limitations for the Service stated on the Site. This license does not provide you with any rights for any other non-commercial or commercial purposes.
7. ACCOUNT REGISTRATION
A. Subject to these Terms, you agree to access and use the Service only for your own internal purposes as contemplated by these Terms.
B. To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Service, or not otherwise prohibited from registering or having a Elevate LD account, (3) are not a competitor of Elevate LD or are not using the Service for reasons that are in competition with Elevate LD; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of Elevate LD, including intellectual property rights such as patent, copyright or trademark rights; and (6) agree to provide at your cost all equipment, software, and internet access necessary to use the Service.
8. USE OF THE SERVICE
A. You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party, (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with Elevate LD, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) use the Service in any unlawful manner, including but not limited to violation of any person’s privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (e) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (g) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (h) attempt to use any method to gain unauthorized access to any paid features of the Site; (i) unless otherwise explicitly agreed to in writing by Elevate LD, use the Site or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (j) use automated scripts to collect information from or otherwise interact with the Site or the Service; (k) deep-link to the Site for any purpose (other than Elevate LD’s home page), unless expressly authorized in writing by Elevate LD; (l) try to use, or use the Service in violation of these Terms; (m) use the Service for any purpose competitive with Elevate LD; or (n) process through the Service any data belonging to another without obtaining the proper authorization and consent to do so.
B. You are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via, to or through the Service. You are responsible for maintaining the confidentiality of your login and account, and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person, and that you will not share a single login among multiple people. You agree that you will not sell, trade or otherwise transfer your login or account to another party and that you will not, unless otherwise specifically agreed to in writing by Elevate LD, charge anyone for access to any portion of the Site, or any information therein. You agree that you are responsible for anything that happens through your account until you cancel and close your account or prove that your account security was compromised due to no fault of your own.
9. DATA PRIVACY AND SECURITY
A. In providing you the Service we shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your personal data. These safeguards include encryption of your data in transmission (using SSL or similar technologies), except for external third party integrations that do not support encryption.
10. CANCELLATION AND TERMINATION
A. We may suspend or cancel your account without notice or refund to you if you violate this Agreement. If your account is cancelled, Elevate LD reserves the right to remove your account information along with any account settings from our servers with no liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third party websites, that data may remain on said third party websites pursuant to those website’s terms and conditions).
B. Elevate LD reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service, suspend or terminate your account or any part thereof (or your use of the Service), and remove and discard any of your content within the Service if we believe that you have violated these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of your use of Service, and may be referred to law enforcement authorities. Elevate LD shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
11. DISCLAIMER OF WARRANTIES AND LIABILITY
A. THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND ELEVATE LD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
B. ELEVATE LD DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT OR MATERIALS FROM OR RELATED TO THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR THE SERVICE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE, THE SOFTWARE, OR ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
C. YOU ACKNOWLEDGE THAT ELEVATE LD DOES NOT WARRANT THAT INFORMATION OR ADVICE OR ASSISTANCE OR SERVICE OBTAINED BY YOU FROM ELEVATE LD OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. ELEVATE LD DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN THE FUNCTIONING OF THE SITE, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN. FURTHERMORE, ELEVATE LD DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, problems related to the SERVICE or its use, loss of personal content on the site, lost or undeliverable email, AND FOR ANY OTHER REASON. Under no circumstances will Elevate LD be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of the Site or the Service, or any interactions between users of the Site or the Service, whether online or offline.
D. Elevate LD provides the platform for the Service. Elevate LD does not control or vet user generated content for accuracy. Although we provide rules for user conduct and postings, we do not control and we are not responsible for what users post, transmit or share on or through the Site or any other website (even if such content is published on or through the Site). Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site. Elevate LD is not responsible for the conduct, whether online or offline, of any user of the Site or the Service. Further, Elevate LD is not responsible or liable in any manner for any third party applications, software, viruses, etc. that are uploaded or posted on the Site, caused by users of the Site, or that are related to the use of the Service by third parties, or caused by any third parties’ use of the equipment or programming associated with or utilized in the Site or the Service.
To the extent that Elevate LD provides for interactive social media features through the Service, you are welcome to post, transmit, or submit messages (“Messages”) to forums, blogs, bulletin boards, chat rooms, user commenting features, or other interactive or social features that may be offered within, or in connection with, http://www.elevateld.com/ (collectively, “Forums”). If you use any such Forums, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and by other third parties without restriction. Elevate LD accepts no responsibility whatsoever in connection with or arising from such Messages or for the personal information you choose to submit in these features. Messages submitted to Forums are not necessarily reviewed by Elevate LD prior to posting, are not attributable to the Elevate LD and do not necessarily reflect the opinions or policies of Elevate LD or any employee thereof. When posting a Message, you are solely liable for any errors or omissions, or any losses, claims, injuries or damages arising from its display or use. Elevate LD makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Elevate LD reserves the right to prevent you from submitting content to Forums and to delete, edit, or alter in any manner we see fit any Messages that we, in our sole discretion, deem to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, of an express commercial nature, or which are otherwise unacceptable in our sole discretion.
If Elevate LD chooses, at its sole discretion, to monitor the Forums, Elevate LD nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
Any Message submitted by you may be used by Elevate LD and copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed, or deleted as Elevate LD sees fit.
E. Elevate LD CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE.
F. We do not monitor content published through the Service and we are not responsible for content published through the Service. Notwithstanding the foregoing, Elevate LD reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.
G. ELEVATE LD DOES NOT PROVIDE MEDICAL ADVICE AND ALL QUESTIONS SHOULD BE DIRECTED TO A QUALIFIED MEDICAL PROFESSIONAL.
12. LIMITATION OF LIABILITY
A. NO CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL ELEVATE LD OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY YOU IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
B. LIMITS ON MONETARY DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, ELEVATE LD’S (INCLUDING ANY OF ITS AFFILIATES) AGGREGATE LIABILITY, FOR DAMAGES (MONETARY OR OTHERWISE) UNDER THESE TERMS CLAIMED BY YOU OR ANY THIRD PARTY ARISING FROM OUR SERVICE, SHALL BE LIMITED TO THE LESSER OF (I) ACTUAL DAMAGES INCURRED, OR (II) PAYMENTS MADE BY YOU TO ELEVATE LD FOR THE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. You agree that any claim arising out of or related to the Terms or your use of the Site or the Service must be filed within one year after it arose or be permanently barred.
C. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, ELEVATE LD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
D. If you are a California resident, you agree to waive California Civil Code Section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor.” And, if you are not a California resident, you agree to waive any applicable state statutes of a similar effect.
You agree to defend, indemnify, and hold harmless Elevate LD from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from your breach of these Terms, your obligations under these Terms, any use of the Content of the Site, or your access to, use, misuse or illegal use of the Site or any Service provided by or through Elevate LD. Elevate LD will provide you notice of any such claim, suit, or proceeding. Elevate LD reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist Elevate LD’s defense of such matter.
14. DMCA NOTICE AND TAKEDOWN POLICY
We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the Site and you did not authorize the use of the content you must notify Elevate LD in writing in order for us to identify the allegedly infringing content and take action. We will be unable to take any action if you do not provide us with the accurate and complete required information. You may make a written notice via email, facsimile or postal mail to the DMCA Agent as listed below:
Attn: DMCA Agent
ATTIGO 360 Inc d/b/a
Elevate LD, Inc.
316 East 3rd Street, #1
Royal Oak, MI 48067
Your written Notice must include the following:
A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.
Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.
Specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit Elevate LD to locate the material. You should include the specific URL or URLs of the web pages where the allegedly infringing material is located.
Information reasonably sufficient to allow Elevate LD to contact the complaining party which may include a name, address, telephone number and electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that under applicable law, 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. §512.
If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.
Elevate LD reserves the right, in its sole discretion, to terminate any user for actual or apparent infringement of intellectual property rights. Elevate LD maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers. Elevate LD reserves the right to terminate accounts that act against the spirit of the Terms, regardless of how many reports or Notices are involved.
Elevate LD may assign these Terms or any of its rights under these Terms to a third party. You may not, without the express written consent of Elevate LD, assign these Terms or any of your rights under these Terms, directly, by operation of law or otherwise, without the prior written consent of Elevate LD. Subject to the foregoing restrictions on assignment, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Any assignment in violation of this Section will be void. These Terms shall be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties hereto.
16. ENTIRE AGREEMENT; AMENDED TERMS
EXCEPT TO THE EXTENT THAT ELEVATE LD AND YOU HAVE ENTERED INTO AND EXECUTED ANOTHER FULLY INTEGRATED AGREEMENT:
A. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, all previous understandings whether oral or written having been merged herein. No representations or warranties have been made other than those expressly set forth herein. Without limiting the foregoing, the parties have not relied on any oral statements that are not included in the Terms. The Terms may not be changed, modified, renewed, extended, or discharged or any covenant or provision hereof waived except by an agreement in writing signed by Elevate LD. These Terms supersede prior versions of these Terms.
B. Notwithstanding the foregoing, we may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify you of such changes and direct you to the latest version.
If any provision of these Terms, or the application thereof under certain circumstances, is held to be invalid or unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms, or the application of such provision under other circumstances, shall remain in full force and effect.
18. RELATIONSHIP; INDEPENDENT CONTRACTOR
Nothing herein contained shall be so construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, doctor and patient, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein.
Sections 1 (Acceptance of Terms), 5 (Billing, Plan Modifications, And Payments), 6.A-F. (Intellectual Property Rights), 10 (Cancellation and Termination), 11 (Disclaimer of Warranties and Liability), 12 (Limitation of Liability), 13 (Indemnification), 14 (Assignment), 15 (Entire Agreement; Amended Terms), 16 (Severability), 17 (Relationship; Independent Contractor), 18 (Survival), 19 (Governing Law), 20 (Arbitration of Disputes), and 21 (No Waiver) will survive any termination of these Terms.
20. GOVERNING LAW
The validity, interpretation and performance of these Terms shall be governed by the laws of the State of Michigan without giving effect to the conflicts of laws provisions or principals thereof. You agree to the exclusive jurisdiction of the courts located within the State of Michigan to resolve any disputes between the parties and you agree that proper venue is in Oakland County, Michigan or in the Federal District Courts located in Michigan.
21. ARBITRATION OF DISPUTES
If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with the Site, the Service, and/or Elevate LD, you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Oakland County, Michigan, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Elevate LD. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of Michigan shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator's findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, which shall include, but not be limited to, the courts within Oakland County, Michigan.
You agree that (i) no arbitration proceeding hereunder whether a consumer dispute or business dispute shall be certified 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, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. YOU AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION. We agree to the same limitations set forth in this section.
22. NO WAIVER
Elevate LD’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.
23. CONTACTING US
If you have any questions about these Terms, please contact us at:
ATTIGO 360 Inc d/b/a
Elevate LD, Inc.
316 East 3rd Street, #1
Royal Oak, MI 48067