Description of Services; Limitations; User Responsibilities
1.1 About our services
ELEVATE offers various Services to help its users find, coordinate, and maintain quality care. The Services we offer include, among others:
We provide a platform for individuals seeking ELEVATE services and corporate ELEVATE providers seeking to hire individual ELEVATE providers (such as child centers, in-home ELEVATE agencies, and senior living facilities) (each “ELEVATE clients”) to post jobs on the Site, and to search for, narrow, find, and communicate with individuals and entities who provide ELEVATE services (“ELEVATE Service Pros”), and for ELEVATE Service Pros to post profiles on the Site and browse, search, and apply to jobs. We also provide functionality that allows ELEVATE clients to search for and message other ELEVATE clients to help facilitate shared child ELEVATE services. We provide tools and information to help clients and providers make more informed decisions, such as our (i) safety guide and safety resources, (ii) verification dashboards on ELEVATE provider profiles, which enables ELEVATE clients to check the status of an ELEVATE Service Pro’s various verifications, and (iii) a process for ELEVATE clients to obtain background check reports from third-party consumer reporting agencies on individual ELEVATE Service Pros who consent to the running and sharing of those reports. We provide a directory of entity ELEVATE Service Pros that operate ELEVATE-related businesses such as child ELEVATE centers, family child ELEVATE centers, nanny agencies, au pairs agencies, summer camps, tutoring centers, in-home ELEVATE agencies, senior ELEVATE housing companies, and housekeepers from which users may contact or request information. We provide an online community for Registered Users to communicate and share information with other Registered Users who share a common interest or bond. We offer through Stripe, Inc., (“Stripe”), a third party, a service that facilitates the payment of Membership Dues by ELEVATE clients via credit card or debit card. These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). As a condition of ELEVATE enabling payment processing services through Stripe, you agree to provide ELEVATE accurate and complete information about you, and you authorize ELEVATE to share it and transaction information related to your use of the payment processing services provided by Stripe. ELEVATE assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable. Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of our Services
We offer Services to help our users find, coordinate and maintain ELEVATE for their families. However, except where specifically provided in these Terms, in any applicable Additional Terms, or on the Site itself.
We do not employ any ELEVATE Service Pros and are not responsible for the conduct, whether online or offline, of any ELEVATE client, ELEVATE Service Pro, or another user of the Site or Services. ELEVATE clients are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable Ban-the-Box, Fair Chance, payroll, tax, and minimum wage laws).
ELEVATE client and ELEVATE Service Pro content is primarily user-generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by ELEVATE Service Pros or ELEVATE clients on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site. We do not refer or recommend ELEVATE clients or ELEVATE Service Pros nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by ELEVATE Service Pros or the integrity, responsibility, or actions of ELEVATE clients or ELEVATE Service Pros whether in public, private or offline interactions. Any screening of an ELEVATE client or ELEVATE Service Pro and his, her or their information by ELEVATE is limited and should not be taken as complete, accurate, up-to-date, or conclusive of the individual’s or entity’s suitability as an employer or ELEVATE provider. We are not an employment agency, and we do not secure or procure employees for any ELEVATE clients, nor do we secure or procure opportunities for employment for any ELEVATE Service Pros. We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by ELEVATE Service Pros, nor do we require ELEVATE Service Pros to accept or work any jobs or deliver any services at all. We do not provide any medical, diagnostic, treatment, or clinical service or engage in any conduct that requires a professional license.
Please review ELEVATEfully the Release of Liability Form Third-Party Content and Conduct that appears in Section 9 below for important limitations on ELEVATE’s liability to which you are agreeing by using the Site and Services.
1.3. User Responsibilities
Registered Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate ELEVATE client or ELEVATE Service Pro for themselves or their family.
Eligibility to Use the Site and Services By requesting to use, registering to use, and/or using the Site or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria: You intend to use the Site and Services solely to find or manage ELEVATE or ELEVATE-related jobs, or for finding or sharing information relating to ELEVATE. Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services. The Site and the Services are currently available only to individuals who reside legally in the United States or the territory of Puerto Rico. If you are registering to be an ELEVATE Service Pro, you must be permitted to legally work within the United States or Puerto Rico. Neither you nor any member of your household may have ever been: the subject of a conviction, arrest, charge, complaint, restraining order, or any other legal action involving: any felony; any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct. registered, or currently required to register, as a sex offender with any government entity. You must not be a competitor of ELEVATE or use our Services for reasons that compete with ELEVATE. Rules for User Conduct and Use of Services
3.1. Registration, Posting, and Content Restrictions
The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, whether to ELEVATE or to other Registered Users or Site Visitors, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”): Any Content that you post, upload or transmit to or through the Site or Services is solely to find or manage ELEVATE or ELEVATE-related jobs, or for finding or sharing information relating to ELEVATE. You are responsible for providing accurate, current, and complete information in connection with your registration for use of the Site and the Services. You will register your account in your legal name, even if you are seeking ELEVATE for another individual or family member. Unless otherwise permitted by ELEVATE, all Content you post will be in English as the Site and Services generally are not supported in any other languages. You are solely responsible for any Content that you post on the Site or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from ELEVATE where this is not the case. You will not provide inaccurate, misleading, defamatory, or false information to ELEVATE or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content. You understand and agree that ELEVATE may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of ELEVATE violates these Terms or which ELEVATE determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others. You have the right, and hereby grant, to ELEVATE, its Affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by ELEVATE will not infringe or violate the rights of any third party. Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any applicable laws and regulations. We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of ELEVATE and we may use all such communications, all without notice to, consent from, or compensation to you. As ELEVATE client and ELEVATE Service Pro Content is primarily user-generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by ELEVATE Service Pros or ELEVATE clients on or off the Site, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand, and agree to hold ELEVATE harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by ELEVATE, are those of their respective authors. Such authors are solely responsible for such content. ELEVATE does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will ELEVATE or its Affiliates be responsible for any loss or damage resulting from (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users. You agree that ELEVATE has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register to prevent a review from being associated with your account. The author of a review can always remove or request the third-party,removal of a review they have written.
3.2. Exclusive Use
If you are a ELEVATE client, you may use your account only to find ELEVATE for yourself, your parents, your children, your grandchildren, individuals for whom you are otherwise the legal guardian, or children of another ELEVATE client with whom you are entering a shared child ELEVATE arrangement. If you are an ELEVATE Service Pro, you may use your account only to find ELEVATE jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
3.3. Prohibited Uses
By using the Site or Services of ELEVATE, you agree that you will not under any circumstances: use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to ELEVATE or ELEVATE giving, or for any other purpose not expressly intended by ELEVATE; harass, abuse or harm another person or group, or attempt to do so; use another user’s ELEVATE account; provide false or inaccurate information when registering an account on ELEVATE, using the Services or communicating with other Registered Users; attempt to re-register with ELEVATE if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account; interfere or attempt to interfere with the proper functioning of ELEVATE Services; make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means); use the communication systems provided by or contacts made on ELEVATE for any commercial solicitation purposes other than those expressly permitted by ELEVATE; publish or link to malicious content intended to damage or disrupt another user’s browser or computer. In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of messages a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion. Background and Verification Checks
4.1 ELEVATE Service Pros Can Order or Authorize Background Checks about Themselves and Can Authorize the Sharing of Them with Other Members
ELEVATE offers to individuals who have registered as ELEVATE Service Pros and ELEVATE clients one or more background check services from third-party consumer reporting agencies (“Background Checks”). Background checks may be made available for both ELEVATE clients and ELEVATE Service Pros.
Each of these Background Checks is regulated by the Fair Credit Reporting Act (“FCRA”), and the background reports resulting from these services are considered “consumer reports” under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. ELEVATE will receive a copy of each Background Check you order or authorize through ELEVATE. See Section 4.4 below for information regarding ELEVATE’s use of these Background Checks. You are responsible for making sure that the email address you provide to ELEVATE is correct, knowing that sensitive information will be sent to it. If you are a ELEVATE Service Pro and you authorize a third-party background check ordered by an ELEVATE client, the results of that background check will be made available to the ELEVATE client who ordered it, regardless of its contents. If you are a ELEVATE Service Pro and you have ordered a Background Check on yourself from a third-party consumer reporting agency through ELEVATE, we may indicate in your profile that you have completed that check. However, we will not share the results with any other site visitor or Registered User without your specific authorization.
4.2. Special Responsibilities of Users of Background Check under FCRA
The use of any background check reports obtained through the Site is governed by the federal Fair Credit Reporting Act (“FCRA”) and certain state laws. If you order or request access to background check on an ELEVATE client, you are considered an end user of the check, and must agree to a required End User Certification before the check will be processed. This End User Certification requires you to certify that you will comply with the FCRA and any applicable state laws, and summarizes key legal obligations. A summary of your responsibilities in using the information contained in the background check can be found http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. If there is negative data in a check you receive, and you choose to take “adverse action” (i.e. if you choose to pass on that individual’s candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Depending on the specific background check you order, ELEVATE may provide a mechanism for you to request that the consumer reporting agency who performed the check complete these steps on your behalf. Where such a mechanism is not available, you are responsible for making any required notifications yourself. If the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
4.3 ELEVATE May Review and Use Background Checks You Order or Authorize About Yourself
By registering for and using the Site or Services as an individual ELEVATE Service Pro, and subject to your authorization, you acknowledge and agree that ELEVATE may review and use any Background Checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our Site and its users, which may, in the case of certain ELEVATE Service Pros, be considered an employment purpose pursuant to the FCRA. ELEVATE reserves the right to terminate your membership based on the information contained in such a report, even if such information was subsequently dismissed. If ELEVATE terminates your membership or access to the Site on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that ELEVATE does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not ELEVATE.
4.5 ELEVATE May Order and Use Background Screenings About You
By registering for and using the Site or Services as a ELEVATE client or ELEVATEService Pro, you hereby acknowledge and agree that ELEVATE has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users (“Preliminary Membership Screens”), which may, in the case of certain ELEVATE Service Pros, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a ELEVATE Service Pro, ELEVATE may order these screenings when you register with ELEVATE and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.). These Preliminary Membership Screens may also be regulated by FCRA, and the background reports resulting from these services may be considered “consumer reports” under FCRA. You understand and agree that ELEVATE may review the information provided by the third-party consumer reporting agency and that ELEVATE retains the right to terminate your ELEVATE registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If ELEVATE terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you access to a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that ELEVATE does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not ELEVATE) within the time period specified in your notice. Notwithstanding this, you agree that ELEVATE is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected. BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A ELEVATE PROVIDER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW ELEVATE TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE ELEVATE.
4.6. ELEVATE May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a ELEVATE Service Pro or ELEVATE client, and, if applicable to you as a ELEVATE Service Pro, subject to your additional authorization, you authorize ELEVATE, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, ELEVATE reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data. You agree that ELEVATE may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for ELEVATE. You also hereby represent, understand and expressly agree that ELEVATE does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws. BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A ELEVATE PROVIDER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW ELEVATE TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE ELEVATE
4.7 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched. This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through ELEVATE; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records). In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions. If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless ELEVATE from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information. You expressly acknowledge that ELEVATE has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent ELEVATE performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
ELEVATE reserves the right, in its sole discretion, to immediately terminate your access to all or part of the ELEVATE Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with ELEVATE, with or without notice for any reason or no reason in its sole discretion, including without limitation if ELEVATE should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, ELEVATE shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination. You understand and agree that, following any termination of any individual’s use of the Site or the Services, ELEVATE has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
Links To External Sites
In order to utilize some ELEVATE Services or product offerings, the user of such Services or product offerings must pay ELEVATE either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
8.1 Billing and Payment
If you sign up for a ELEVATE paid membership subscription, or for a Service or product that includes a recurring fee, you agree to pay ELEVATE all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize ELEVATE, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. ELEVATE reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize ELEVATE to charge your chosen payment provider for the Services and/or products you purchase. You agree that if ELEVATE already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase.
8.2 Automatic Subscription Renewal and Cancellation
ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELED BY THE USER. FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE THEN-CURRENT SUBSCRIPTION TERM. FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT. You may cancel your paid membership subscription at any time by following the instructions on your account settings page. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
8.3 Free Trial Offers
ELEVATE may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for an ELEVATE Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, unless he or she cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise informed by ELEVATE at the time of original subscription. If a user does not want to continue with the Service after the expiration of the free trial period, the ELEVATE client or ELEVATE Service Pro must downgrade or cancel their subscription, and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the ELEVATE client or ELEVATE Service Pro’s credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.
8.4 Reward Points
As part of your membership or as a promotion, we may issue you reward points redeemable for products or services as described on the Site. Such points may only be redeemed via the Site, have no cash value, are not redeemable for cash (except to the extent specifically required by law), and are non-transferable and non-refundable under any circumstances. Reward points have no fixed value, but may be redeemed for the lesser of (1) the cost of the goods or services for which they are redeemed; or (2) the maximum value of a point stated on the Site (which may change from time to time in the discretion of ELEVATE). Reward points may only be redeemed in whole increments up to the total value reflected on the Site. No partial redemptions are permitted. More than one reward point may be applied per transaction. Reward points issued in connection with a premium subscription or service will automatically be applied to such purchases before other available reward points. Reward points are valid for a limited time, as described on the Site and in any Additional Terms that may apply to the service through which the points are issued or redeemed. Any unused reward points are forfeited immediately if you do not maintain the required membership status (as described on the Site), or if you or we close or terminate your account according to Section 5 above.
8.5 Refund Policy
Except as outlined in these Terms or as described on the Site at the time you make a purchase, all payments for subscriptions, services, or products made on or through The Site or Services are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services, or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.
Release of Liability for Conduct and Disputes
By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold ELEVATE (and ELEVATE’s officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in ELEVATE through their employer’s benefits program, (“Affiliates”)) harmless from any claim or controversy that may arise out of: the actions or inactions of, or the relationship between, you and any ELEVATE client, ELEVATE Service Pro or another user (s) of the Site that are not Backup ELEVATE Service Pros employed by one of our subsidiaries; and any information, instruction, advice, or services created by any ELEVATE client, ELEVATE Service Pro, or another third party that appeared on, or was communicated through, the Site
ELEVATE and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above. Age Restrictions
ELEVATE is intended for people 18 or over. ELEVATE will not knowingly collect any information from individuals under 13. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
It is ELEVATE’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting ELEVATE copyright agent (identified below) and providing the following information: Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number, and (if available) e-mail address. A statement that you have a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. A signature or the electronic equivalent from the copyright holder or authorized representative.
Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Florida, including Florida’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise, if the Arbitration Agreement is found not to apply to you or a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or court order, you agree that any claim or dispute that has arisen or may arise between you and ELEVATE must be resolved exclusively by a state or federal court located in the State of Florida. You and ELEVATE agree to submit to the personal jurisdiction of the courts located within the State of Florida to litigate all such claims or disputes.
Consent to Electronic Communication
By using the Site or Services of ELEVATE, you agree to allow ELEVATE to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from ELEVATE via the ELEVATE Site, mobile application, online messaging platform, or e-mail. You also agree to check your ELEVATE account, alerts, and messages, and the e-mail account reflected on your ELEVATE on a reasonably regular basis to stay apprised of important notices and information about your account.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will insure to the benefit of the legal representatives, successors and assigns of the parties hereto.
Severability If a court decides that any term or provision of these Terms other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 are invalid or unenforceable, then the entirety of Section 13 shall be null and void. The remainder of the Terms will continue to apply.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Elevate, 550 7th St S Safety Harbor.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Florida, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Elevate, accessible from https://elevate-market.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies by PrivacyPolicies Generator.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies Type: Session Cookies Administered by: Us Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.