Last Updated: December 16, 2023
It is a violation of these Terms for you to use the Services in violation of any applicable laws and regulations or in violation of the rules of any of our Services providers. Certain other programs or Services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those Services, and nothing in these Terms is intended to modify such terms and conditions. Subject your compliance with these Terms and all applicable international, federal, state and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicenseable, non-transferable, license to use the Services solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not access our publications or use the Services if you do not agree to these Terms.
We reserve the right to modify the Services and the rules and regulations governing its use at any time, including, without limitation, these Terms. Any modifications will be posted on the Legal section of the company webpage (located at https://www.elate.xyz/legal) and the “Last Updated” date at the top of the Terms will be revised accordingly. You understand and agree that if you use the Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the Services described in the Services at any time without prior notice to you.
You will not use the Services for any use other than the business purpose for which it was intended. You will not take any of the following actions with respect to the Services or the server hosting the Services nor will you use our Services to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Services in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Services or server hosting the Services; (iii) manipulates or otherwise displays the Services by using framing, mirroring or similar navigational technology or directly links to any portion of the Services; (iv) uses any robot, spider, scraper or other automatic or manual means to access the Services or copies any content or information on the Services; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the Services; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the Services or any hardware, software, system or network connected with the Services; (viii) probes, scans, or tests the vulnerability of or breaches the authentication measures of the Services or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Services; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies the Services or any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) the Services or such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information that we do not intend to be made accessible to you. Use of the Services, even when acting on behalf of a business entity, is limited to persons eighteen (18) years of age or older.
If you use any of our Services or provide us any information through the Services, including, without limitation, you or your employer’s name, birth date, address, billing address, payment information, zip code, phone number, contact details, email address, password, business description, or any other information you provide (collectively, your “Account Data”), you agree to provide true, accurate, current, complete and up-to-date information. You further agree to provide any specific Account Data that we deem mandatory. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Services (or any portion thereof). We reserve the right to take any action that we deem necessary to ensure the security of the Services and any account associated with you (“Account”), including without limitation changing your password, terminating your Account, or requesting additional information to authorize actions made on your Account. You are solely responsible for keeping your Account Data and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Account Data or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any use of your Account by you or any other person or entity including any claims, damages, losses, costs or other liabilities resulting from or caused by any use of the Account, or failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent and regardless of any negligence or lack thereof. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your Account security.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Services, and we reserve the right to change the access configuration of the Services at any time without prior notice.
You may be able to access your Account within the Services by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your computer or mobile device. These features are provided through your device’s built-in functionality, and Elate has no responsibility for any misuse, unauthorized use, or failure of these features, either where such activity may prevent you from accessing your account or where such activity may permit an unauthorized third party to access your account. When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by or on behalf of Elate. Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to your information contained within the Services.
The Services and information provided are available and provided to you on an “as-is,” “as-available” basis and we expressly disclaim all warranties of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty as to the accuracy, completeness, currency or reliability of the Services, goods, products, information, opinions and materials made available. You are responsible for verifying any information obtained from Elate before relying on it. Use of the Services and information provided is at your sole risk. We make no representations or warranties that use of the Services and or the provided information will be uninterrupted, completely secure, virus-free or error-free. No advice or information, whether written, oral or multimedia, obtained by you from the Services or information provided will create any additional warranty not expressly stated in these Terms. Except as expressly set forth in section 14 below, your sole and exclusive remedy relating to your use of the Services or information provided shall be to discontinue using them.
Although the Services may provide deliverables or information, it is not a substitute for advice from a qualified professional, and you should not act or refrain from acting on the basis of any content included in this site without seeking advice from a qualified professional.
The Services and all rights therein are and will remain our property or the property of our licensors. Neither these Terms nor your use of the Services, including, without limitation, your purchase of any products through the Services, convey or grant to you any rights in or related to the Services except for the limited license we grant you above. All trademarks, Services marks and logos that are used or displayed on the Services are owned by us or our licensors. You must obtain our written permission prior to using any trademark or Services mark of ours. Unauthorized use of any trademarks, Services marks or logos used on the Services may be a violation of state, national and international trademark laws. Additionally, our custom icons, graphics, logos and scripting on the Services may be covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without our prior written permission.
If the Services includes a page or area for you to post or submit any reviews, comments, photos, statements, ideas, questions or other content, or any names or user names associated with any of the foregoing, to the Services or to us (collectively, the “Content”), you acknowledge and agree that all such Content will comply with these Terms (including, without limitation, Section 3 above) and you may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Content. Unless we indicate otherwise, you grant us an irrevocable, perpetual, fully paid up, royalty-free, enterprise wide, worldwide license to copy, modify, sell, create derivative works from, or otherwise use the Content on any media and in any form for our business purposes. You represent and warrant that all Content that you submit or post complies with any applicable guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements. You represent and warrant that all Content you submit to the Services or us is accurate, truthful and non-deceptive and that all Content has evidence to back up the claims made.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by sending us a message through website live chat or our “Contact” page on the Services, available here: https://elate.xyz. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without payment of any consideration, attribution, or any other remuneration to you.
You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of the Services or any products you purchase through the Services; (ii) your violation of these Terms; (iii) any Account Data, Content, and/or Feedback you provide; (iv) your negligence, fraud, or willful misconduct; (v) your Account; and/or (vi) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, GOODS, SERVICES AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH THE SITE, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE OR ANY PRODUCTS YOU PURCHASE ON OR THROUGH THE SITE; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OR ACCOUNT DATA OBTAINED THROUGH USE OF THE SITE; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, EPIDEMIC, PANDEMIC, ANY GLOBAL, NATIONAL, OR LOCAL PUBLIC HEALTH EMERGENCY OR DISEASE OUTBREAK (INCLUDING, WITHOUT LIMITATION, COVID-19 (A/K/A THE 2019 NOVEL CORONAVIRUS) OR ANY SIMILAR DISEASE(S)), TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) COMPUTER VIRUSES.
WITHOUT LIMITING THE TERMS SET FORTH IN THE SERVICES TERMS REGARDING THE LIMITATION OF OUR LIABILITY TO YOU FOR ANY GOODS, PRODUCTS, AND/OR SERVICES YOU PURCHASE ON OR THROUGH THE SITE, OUR TOTAL LIABILITY TO YOU RELATING TO THESE TERMS AND/OR YOUR USE OF THE SITE, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID US DIRECTLY FOR THE USE OF THE SITE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to the Services is at your own risk. We are under no obligation to maintain any link on the Services and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, Services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.
There is no fiduciary relationship between you and us. These Terms do not create any relationship of principal-agent, partnership, joint venture, or employer-employee between you and us. You may not enter into any contract on our behalf or bind us in any way.
To the extent that any of the content included in the Services is provided by third party content providers or other Services users, Elate has no editorial control or responsibility over such content. Therefore, any opinions, statements, products, Services or other information expressed or made available by third party suppliers or users on the Services are those of such third party suppliers or users, respectively. Elate does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the content displayed on the Services or referenced content or Services providers will not infringe rights of third parties not owned by or affiliated with Elate.
When you visit the Services or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), sending you messages through the mobile application we provide, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for Elate is Elate, LLC., 1309 Coffeen Ave #6000 Sheridan, WY 82801. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section.
The Services is operated by us from our offices within the United States of America. We make no representation that the information in the Services is appropriate or available for use in other locations, and access to the Services from territories where the contents of the Services may be illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. By using the Services, regardless of where you live or are located in the world, you consent to these Terms and any claims relating to the information, Services or products made available through the Services will be governed by the laws of the State of Wyoming, U.S.A., excluding the application of its conflicts of law rules. You agree that venue for all actions, relating in any manner to these Terms, will be in a federal or state court of competent jurisdiction located in Colorado. Nothing in this Section shall (or shall be construed so as to) limit our right to bring a legal proceeding against you in the courts of any other jurisdiction in which you have assets to enforce a judgment against you.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through the Services infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then- current statutory requirements imposed by the DMCA. For purpose of the DMCA, notices and counter-notices can be sent to: firstname.lastname@example.org.
The Services is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at legal@Eeate.xyz.
You agree that any claim you may have arising out of or related to your use of the Services or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
If any provision of these Terms will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Term or your rights under these Terms without our prior written consent, and any assignment in violation of this prohibition will be null and void.
You agree that any violation, or threatened violation, by you of these Terms will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If you have any questions regarding the Services or these Terms, please contact us by sending us a message through our “Contact” page on the Services, available here: https://www.elate.xyz.