Effective May 1, 2018
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE ELEVAT-IOT WEBSITE OR SERVICE (THE “SERVICE”). IF YOU USE OR ACCESS THE SERVICE, YOU WILL BE BOUND BY THESE TERMS.
By using and accessing the Service, you agree to be bound by these User Terms of Service ("Terms"). To access the Service, you must accept and agree to be bound by the Terms. If you do not agree to all of these Terms, do not use the Service.
When creating an account or when using the Service, you agree to: (1) provide accurate information to us at all times and promptly update any information provided, including your profile or any other account information; (2) keep your access credentials confidential and secure and to promptly notify us if they are compromised; and (3) promptly update any compromised credentials to new credentials and take other steps that you or we may deem necessary to protect your account.You are responsible for any inaccurate information you provide in connection with the Service and any actions taken under your account credentials, regardless of whether such actions are taken by you or a third party. We are not liable for any loss or damage arising from any unauthorized use of your account.
You represent and warrant that you (1) are at least 18 years of age and a resident of the US, if you are an individual, (2) are legally and validly organized under US law, if you are an organization or entity, and (3) have the authority to enter into legally binding contracts for yourself or your legal entity under applicable law.
When setting up an account on the Service, you will submit certain information necessary to create an account with Elevat (“User Information”). Other than as specifically requested by Elevat to establish your account, or retrieved by Elevat in the normal course of your use of the Service, you will not submit any personally identifiable information to Elevat at any time.
By accessing and using the Service, you agree and consent to collection of certain information by the Service, and to the storage and use, of such information by Elevat, inits discretion. Notwithstanding any other provision of these Terms, all information that is collected from you by Elevat and all information that you share, transmit, or otherwise make available to Elevat, including all personally identifiable information which has been de-identified data, constitutes “Data”;provided however, that “Data” does not include personally identifiable information.
You grant us and our affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from all Data, in any form, format, or medium, of any kind now known or later developed. You waive any moral rights you might have with respect to any Data. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any Data for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. We may also aggregate Data with other information in such a way that it will not identify you and we may use that aggregated Data to develop and improve our products and services. All rights in this paragraph are granted without the need for us to pay compensation of any sort to you.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding us or the Service that you provide to us, whether in email, feedback forms, or other submission format, shall belong exclusively to us, without acknowledgement or compensation to you.In addition, we may use or disclose any Data or other information that we reasonably believe is necessary to: (1) satisfy legal requirements or governmental requests; (2) enforce or investigate violations of these Terms; (3) detect, prevent, or otherwise address fraud, security, or technical issues; (4) respond to your user support requests; (5) protect the rights, property, or safety of Elevat, our users, and the public.
You agree not to engage in any of the following activities while using or accessing the Service and you acknowledge and agree that violating these prohibitions constitutes a breach of these Terms:
• Violating local, state, or other applicable laws or regulations;
• Posting content that infringes the intellectual property rights, privacy, publicity, other rights of any third party;
• Posting content that is unlawful, obscene, defamatory, threatening, harassing, hateful, or embarrassing to any party as determined in our sole discretion;
• Impersonating a third party or implying you are someone other than who you are;
• Distributing viruses or other harmful or malicious computer code;
• Collecting information about others without their explicit written consent;
• Providing your access credentials or otherwise allowing a third party or third party system to use your identification, to pretend they are you, or to access your account; or
• Engaging in any conduct that disrupts or impedes a third party's use and enjoyment of the Service, or which, in our judgment, exposes us or any customers, partners or related entities to liability or detriment of any type.
Elevat grants you limited, revocable, non-sublicensable license to access and use the Service and all content, data, information, and materials included by Elevat in the Service(the "Elevat Materials") solely for your own personal use, or if you are a commercial customer, solely for your internal business use, subject to the terms and conditions set forth in these Terms. All other rights are reserved. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, or use the Service or Elevat Materials except as explicitly authorized in these Terms. You will not use the Service or any of the Elevat Materials other than for their intended purpose or in any way that is unlawful or harms us or our suppliers.
Without limiting the foregoing, you may not engage or attempt to engage in the practices of"screen scraping," "database scraping," "data mining" or any other activity with the purpose of obtaining lists of users or other information from the Service or that uses web "bots" or similar data gathering or extraction methods, or knowingly permit use of your access credentials by another party to do so. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
Elevat can, in its sole discretion, suspend access to your account on the Service if we believe:(1) there is risk to the security or privacy of your account; (2) there is a threat to the security or integrity of our network or the Service; (3)suspension is needed to protect the rights, property or safety of Elevat, our users or the public; (4) there is a basis for termination of your account; or (5) you have violated these Terms; or (6) we are required to by law.
We may cancel your access to the Service: (1) immediately if you breach these Terms; (2) there isa basis for cancellation of your account based on another agreement in place between us; or (2) if required by law.
We will provide you notice if we cancel your account. We will endeavor to promptly provide you notice in the event of any suspension or termination. During a suspension or following a termination, you will not have the ability to use or access the Service and other information contained or stored by you in, or as part of, the Service will no longer be accessible to you. Any suspension of your access to the Service will not limit or waive our rights to terminate your access to the Service. At the point we determine, in our sole discretion, that the reason for suspension of access to your account has been resolved, we will restore access to your account. During a suspension or following a termination, you will not register or attempt to register another account with Elevat.
These Terms terminate upon cancellation of your account. Upon termination, Elevat has no obligation to store your data, but may do so to comply with legal or business requirements for a reasonable time after termination.
You may cancel your account at any time by emailing firstname.lastname@example.org.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND. ELEVAT, TO THE FULLEST EXTENT ALLOWED BY THE LAW, EXPRESSLY DISCLAIMS ANY/ ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. ELEVAT SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICE INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, LOSS OF DATA, LOSS OF BUSINESS, INABILITY TO ACCESS DATA OR THE SERVICE, OR THE LACK OF INFORMATION IN ANY WAY RELATING TO THE SERVICE. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS SAFE, RELIABLE, AND ERROR-FREE, ELEVAT CANNOT GUARANTEE, AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, OR ANY ELEMENT THEREOF, INCLUDING SOFTWARE OR SYSTEMS ARE AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL ELEVAT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING FOR YOUR USE OF THE SERVICE OR INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SERVICE EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO ELEVAT FOR THE AFFECTED MATERIALS. IN NO EVENT WILL ELEVAT BE LIABLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE ACCESS TO, USE OF, OR RELIANCE ON, THE SERVICE, APPS OR IN-APP PRODUCTS WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY,WHETHER OR NOT ELEVAT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY TO YOU EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold Elevat, its officers, directors, employees, agents, licensors and business partners, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
Elevat is based in the United States of America. Elevat makes no claims that the Service is appropriate or may be used outside of the United States. Access to and use of the Service is intended solely for persons residing in the United States and may not be legal by certain persons or in certain countries. If you use the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with Elevat, or in any way relating to the Service, resides in the state and federal courts in Seattle, Washington, and you hereby expressly, irrevocably, and unconditionally consent and submit to the exercise of personal jurisdiction by such courts.
If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the Service, however, Elevat may freely assign these Terms. Unless expressly stated in another written agreement between you and us, the Terms constitute the entire agreement between you and us with respect to the Service. You agree and consent to receive communications from us via each of the following methods: by posting or making available such communication within the Service or by sending such communication to the email address you provided as part of your account. You agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.