Terms and Conditions

Please read carefully the Terms of Use for the services of the site “www.elevatelt.net” (“Site”), referring to the School service (“ElevatELT”), detailed below, as they contain information of interest to you regarding the use of the service. By accessing the service and any page thereof, the user agrees to comply with and accept all the terms and conditions set out below. This document constitutes the instrument that will govern the Terms of Use of the service, which shall apply and be binding on all users who wish to purchase courses and/or use the web platform www.elevatelt.net.

If you do not agree with these Terms of Use, we advise you not to access the site or any page thereof.

1. INTRODUCTION

1.1. IDENTIFYING INFORMATION OF THE RESPONSIBLE PARTY

ElevatELT («Company», «we» or «us») offers you its Services (as described below) through its website (www.elevatelt.net), its mobile applications, and other interactive properties owned and operated by ElevatELT (collectively, the «Site»), subject to the following Terms of Use.

The Services include any course, membership, or content that ElevatELT makes available or performs for you, as well as the offering of any material displayed, transmitted, or performed on the Site.

1.2. IDENTIFYING INFORMATION OF THE RESPONSIBLE PARTY

These Terms of Use are entered into between you and ElevatELT. The following terms, together with any documents expressly incorporated by reference (collectively, the «Terms of Use»), shall govern your access to and use of the Services, whether as a guest or registered user.
Please read the Terms of Use carefully before using the Services. By using the Services and accessing the Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference, and to comply with both documents. If you do not agree to these Terms of Use or our Privacy Policy, please leave this page immediately without accessing or using the Services.
If you use the Services on behalf of a company, that company also agrees to these Terms of Use.

1.3. CHANGES TO THE TERMS OF USE

We may periodically review and update these Terms of Use at our sole discretion. If we change these Terms of Use, depending on the nature of the modification, we will post the changes on this page and indicate at the top the date on which these Terms of Use were last revised, or we will notify you through the Services user interface, by email notification, or by other reasonable means, as required by applicable law. These changes will be effective no earlier than fourteen (14) days after being posted, except for changes made due to new features of the Services or for legal reasons, which will take effect immediately.

If you continue to use the Services after the revised Terms of Use are posted, you accept and agree to the changes. You are expected to review this page periodically to stay informed of any changes, as you are bound to comply with them.

2. ACCESS TO SERVICES AND ACCOUNT SECURITY

2.1. ACCESS TO SERVICES

ElevatELT reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without prior notice. You agree that ElevatELT will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. We will also not be responsible if, for any reason, the Services, in whole or in part, are unavailable at any time or for any period. Occasionally, we may restrict access to some parts of the Services, or the entirety thereof, to users, including registered users.

We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, at our sole discretion, for any reason or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Services can be accessed from anywhere in the world, but this does not imply that all Services, or all features of the Services, are available in your country, or that User Contributions (as defined below) available through the Services are lawful in your country. ElevatELT may block access to certain Services (or specific features or content of the Services) in certain countries. You must ensure that your use of the Services is lawful in your country of residence. The Services are not available in all languages.

The Services are only available to users over 16 years of age; if you have not yet reached the age of consent required to use online services where you live, you will not be able to use them, but we encourage you to invite a parent or legal guardian to open an account and help you access content that is appropriate for you. If you have not yet reached the age of consent to use online services, you must not access the Services. If we discover that you have created an account in violation of these rules, we will terminate that account.

2.2. REGISTRATION

To access the Site or some of the Services offered therein, we may ask you to provide certain registration details or other information. You agree to: (a) provide true, accurate, current, and complete information about yourself in the registration form and (b) maintain and promptly update this information to keep it true, accurate, current, and complete.

If you provide any information that is not true, accurate, current, and complete, or if ElevatELT has reasonable grounds to suspect that such information is not true, accurate, current, and complete, ElevatELT has the right to suspend or terminate your account and deny you current or future use of the Services (or any part thereof). You agree that all information you provide to register with the Services or otherwise, including through the use of any interactive features, will be governed by our Privacy Policy and you consent to all actions we take with respect to your information in accordance with our Privacy Policy.

2.3. ACCOUNT SECURITY

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or parts thereof using your username, password, or other security information. You must protect your login credentials; you will be solely responsible for all activities that take place through your account. You agree to notify us immediately of any unauthorized access or use of your username or password or any other security breach.

You also agree to ensure that you log out of your account at the end of each session. You should be especially careful when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. ElevatELT is not responsible for any act or omission on your part, including any damages of any kind resulting from such acts or omissions.

3. USER CONDUCT

3.1. USE OF THE SERVICE

We offer you the Site and the Service solely for your personal and non-commercial use. Unless expressly authorized in writing by ElevatELT, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purpose any part of the Service, the use of the Service, or access to the Service.

The Service is not to be used or treated as a means to store your photographs, images, videos, sounds, or any other content you upload; you must keep your own copies of all content posted on the Site. We have no obligation to retain any content you have posted for any period of time beyond what applicable law requires.

3.2. PROHIBITED USES

You hereby agree not to use the Services for any unlawful purpose or one prohibited by these Terms of Use, or for any other purpose not reasonably intended by ElevatELT. By way of example only, and without limitation, you agree not to use the Services:

In any manner that violates any local, regional, national, or international law or regulation.
To (or attempt to) abuse, harm, harass, threaten, impersonate, or intimidate any person.
To send, knowingly receive, upload, post, download, use, or reuse any material or content that (i) contains illegal, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringes any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any person or entity; (iv) violates the legal rights (including rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise conflicts with these Terms of Use; (v) is likely to deceive any person; (vi) promotes any illegal activity, or advocates, promotes, or assists any unlawful act; (vii) causes annoyance, inconvenience, or needless anxiety, or is likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonates any person or misrepresents your identity or affiliation with any person or organization; (ix) involves commercial activities or offers, such as contests, sweepstakes, and other sales promotions, barter, or advertising campaigns; (x) or gives the impression that it emanates from or is endorsed or promoted by ElevatELT or any other person or entity, if this is not the case.
To transmit, or procure the sending of, any advertising or promotional material, including any «junk mail», «chain letters», «spam», or any other similar solicitation, or to gather or collect email addresses or other contact information of other users of the Services by electronic or other means for the purpose of sending unsolicited emails or other communications.
To impersonate or attempt to impersonate ElevatELT, an ElevatELT employee, another user, or any other person or entity (including, without limitation, using email addresses or screen names associated with any of the foregoing), or to misrepresent your affiliation with any person or entity.
To create multiple accounts for the purpose of manipulating (i.e., through «Like» votes) in favor of or against a user’s projects, to artificially exaggerate or alter «Like» votes, comments, etc., to give or receive money or other compensation in exchange for «Like» votes, or to engage in any other organized initiative that in any way artificially alters the results of the Services.
To engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or which, as we may determine, may harm ElevatELT or users of the Services, or expose them to liability.

Additionally, you agree not to:

Circumvent any measures we may put in place to prevent or restrict access to the Services.
Use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any material from the Services.
Use any manual process to monitor or copy any material from the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper functioning of the Services.
Introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which the Services are stored, or any service, computer, or database connected to the Services or to other users’ private accounts.
Attack the Services through a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper functioning of the Services.

ElevatELT will have the right to remove any content that violates the Terms of Use or is otherwise objectionable. If you suspect that these Terms of Use have been violated (other than copyright infringement notices, as described below), please contact us at our email address: info@elevatelt.net.

4. DISPUTES BETWEEN USERS

You agree that you are solely responsible for your interactions with any other user in connection with the Service and that ElevatELT will have no liability in this regard. ElevatELT reserves the right, but has no obligation, to intervene in any way in disputes between you and any other user of the Service.

5. INTELLECTUAL PROPERTY

5.1.ElevatELT INTELLECTUAL PROPERTY RIGHTS

The Services and their related features, functions, and content (including, without limitation, information, software, text, displays, images, videos, audio, design, selection, and arrangement) are owned by ElevatELT, its licensors, or other providers of such materials, and are protected under copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, whether domestic or international.

These Terms of Use permit you to use the website solely for your personal, non-commercial use. When you access the Services or purchase a course, we grant you a limited, non-exclusive, non-transferable license to access ElevatELT content and view courses through the Services in live-stream mode only for that purpose. Except for the limited license mentioned above, no right, title, or interest in the Services or any content therein is transferred to you, and EDUPRO360 reserves all rights not expressly granted. ElevatELT may revoke your license at any time at its sole discretion. You must not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store, or transmit any of the materials from our Services.

The name and logo of ElevatELT, as well as all related names, logos, product and service names, designs, and slogans, are trademarks of ElevatELT, its affiliates, or licensors. You must not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Service are trademarks of their respective owners.
You must not remove or alter any copyright, trademark, or other proprietary rights notice from any materials on the Site.
Using the Site in any manner not expressly permitted by these Terms of Use constitutes a violation of these Terms of Use and may infringe copyright, trademark, or other laws.

5.2. USER CONTRIBUTIONS

You will retain all rights and ownership of your photographs, images, videos, sounds, or any other content or material you upload through the Services or share with other users or recipients (collectively, «User Contributions»). ElevatELT does not claim any ownership rights over your User Contributions.

However, by providing or uploading any User Contribution, you hereby grant ElevatELT, its affiliates, and their service providers (and each of their respective licensors, successors, and assignees) a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to copy, reproduce, upload, store, distribute (through multiple levels of distribution and partnerships), modify, adapt, publicly perform and display, publish, use, and fully exploit such User Contribution in any medium, format, technology, or distribution method now known or developed in the future, and for any purpose (commercial or otherwise).

ElevatELT will always credit you when using your User Contributions. Additionally, by uploading your User Contributions, you grant other users, visitors, and ElevatELT instructors the right to share such User Contributions through the social media platforms integrated into ElevatELT (such as Instagram, Pinterest, Facebook, or Twitter). To terminate this license at any time, remove your User Contributions from the Services. To the extent reasonably practicable, ElevatELT will remove this content from the Services if you choose to delete it, but please be aware that cached copies or references to such content may not become immediately unavailable.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information relevant to the Service («Submissions») that you provide to EDUPRO360, its affiliates, and their service providers (and each of their respective licensors, successors, and assignees) and to other users, visitors, and EDUPRO360 instructors, will not be confidential, and that such parties will be authorized to use and disseminate these Submissions without restriction and in perpetuity for any purpose, whether commercial or otherwise, in any manner and in any medium, without any acknowledgment or compensation to you.

You represent and warrant that: (i) you own or control all rights, title, and interest in the User Contributions and have the right to grant the licenses granted above; and (ii) all your User Contributions and all your Submissions comply and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for all User Contributions and all Submissions you submit or contribute, and that you, not EDUPRO360, are solely responsible for such content, including its legality, reliability, accuracy, and appropriateness.

ElevatELT is not responsible to anyone for the content or accuracy of any User Contribution or Submission posted by you or any other user of the Services (including, without limitation, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content). You acknowledge that ElevatELT does not pre-screen content, and that ElevatELT and its designees will have the right (but not the obligation), at their sole discretion, to refuse or remove any content available through the Services. Without limiting the foregoing, ElevatELT and its designees will have the right to remove any content that violates these Terms of Use or that ElevatELT considers, at its sole discretion, to be objectionable for any other reason.

We have no obligation to retain any User Contribution you have posted for any period of time beyond what applicable law requires.

You also understand and acknowledge that third parties may illegally copy your User Contributions posted on the Services without your or our consent, despite our reasonable efforts to prevent such unlawful activity. You agree and understand that ElevatELT will not be liable to you for any illegal copying of your User Contributions.

5.3. COPYRIGHT COMPLAINTS AND COUNTER-NOTICES

ElevatELT respects the intellectual property of third parties and asks our users to do the same. We have adopted the following policy with respect to copyright infringement in connection with the Services, in accordance with the Digital Millennium Copyright Act («DMCA»). If you believe in good faith that content hosted on the Site infringes your copyright, we ask that you notify us through a notice to our copyright agent at the following email address info@elevatelt.net. Your notice must include ALL of the following information:

Identification of the copyrighted works claimed to have been infringed.
Identification of the material that is claimed to be infringing and is the subject of the complaint, and information reasonably sufficient to enable us to locate such material (i.e., the URL).
Contact information so that we can reach you (address, phone number, and email address).
A statement by you that you have 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 by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Before submitting an infringement notice, consider carefully whether the use of the copyrighted material in question is protected by the doctrine of «fair use», as you may be liable for costs and attorney’s fees if you submit a takedown notice when there is in fact no infringing use.

Also make sure you have not authorized the use in question (for example, if you have given a creative professional who prepared materials for your company the right to use those materials as examples of their prior work). If you are not sure whether a use of your copyrighted material constitutes infringement, please consult an attorney. We also recommend that you review publicly available reference materials, such as those found on the U.S. Copyright Office website (www.copyright.gov) or the Lumen database website (www.lumendatabase.org).

ElevatELT will respond promptly to valid DMCA requests. In all cases, if you do not hear from us within 14 days of submitting your complaint, please contact us through the web form and we will respond as soon as possible.

After removing access to the material pursuant to a valid DMCA notice, ElevatELT will promptly notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. ElevatELT reserves the right, at its sole discretion, to immediately terminate the account of any member who receives repeated DMCA notices.

If you believe that ElevatELT has removed or disabled access to your content as a result of an improper copyright infringement notice, please send a written counter-notice to our copyright agent (contact information provided above) containing the following information:

A description of the improperly removed work, along with your username and the location on the Site where the content was displayed before it was removed or disabled.
Contact information so that we can reach you (address, phone number, and email address).
A statement, under penalty of perjury, signed by you, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.
A statement consenting to the jurisdiction of the Southern District of New York and accepting service of process from the person who submitted the alleged infringement notice.

Before submitting a counter-notice, carefully consider whether your use of the copyrighted material in question constitutes infringement, as you may be liable for costs and attorney’s fees if a court determines that your counter-notice misrepresents that the material was removed by mistake.

If you are not sure whether the use of the material constitutes infringement, please consult an attorney. We also recommend that you review publicly available reference materials, such as those found on the U.S. Copyright Office website (www.copyright.gov) or the Lumen database website (www.lumendatabase.org).

Upon receiving a valid counter-notice, ElevatELT will forward it to the party that submitted the original DMCA notice. That party (or the copyright owner they represent) will have ten (10) days to notify us that they have filed a legal action regarding the allegedly infringing material. If ElevatELT does not receive such notification within ten (10) days, we may restore the material to the Services.

6. MONITORING AND ENFORCEMENT

ElevatELT has the right to:

Remove any User Contribution or Submission for any or no reason, at our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate, at our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the general public, or may create any liability for ElevatELT.
Disclose your identity or other information about you to any third party who claims that material you have posted violates their rights, including their intellectual property or privacy rights.
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to the Services, in whole or in part, for any or no reason, including, without limitation, (i) any violation of these Terms of Use, (ii) failure to pay any amount you owe, (iii) submission of fraudulent chargeback requests, (iv) if we suspect you are involved in fraudulent or illegal activities, or (v) for any other reason, at our reasonable sole discretion.

You agree that any termination of your access to the Service pursuant to any provision of these Terms of Use may be effected without prior notice, and you acknowledge and agree that ElevatELT may immediately deactivate or delete your account, as well as all related information and account files, or prohibit any further access to such files or to the Service. Furthermore, you agree that ElevatELT will not be liable to you or any third party for any termination of your access to the Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or any other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE AFOREMENTIONED PARTIES OR AS A RESULT OF THEIR INVESTIGATIONS, AND FROM ANY ACTION TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Service, nor can we ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability to anyone for the performance or non-performance of the activities described in this section.

7. RELIANCE ON POSTED INFORMATION

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from reliance placed by you, any other visitor to the Services, or anyone who may be informed of any of its contents, on these materials.

The Services may include content provided by third parties, including materials provided by other users, bloggers, licensors, syndicators, aggregators, or reporting services. ElevatELT has not reviewed, and cannot review, all materials posted on the Services. All statements or opinions expressed in these materials, and all articles, responses to questions, and other content, other than the content provided by ElevatELT, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ElevatELT. We are not responsible, to you or any third party, for the content or accuracy of any materials provided by any third party.

8. LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and lawful and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Site.
Send emails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed on your own or certain third-party websites.

You may use these features solely as provided by us and solely in connection with the content with which they are displayed. Notwithstanding the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Site, or parts of it, to be displayed on any other site, for example through framing, deep linking, or inline linking.
Link to any part of the Site other than the homepage.
Take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.

Please be aware that the way social media services use, store, and disclose your information is governed solely by the policies of those third parties, and ElevatELT will have no liability for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

Furthermore, ElevatELT is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements available in connection with social media services. Accordingly, ElevatELT is not responsible for any damage or loss caused or allegedly caused by or in connection with the use of, or reliance on, any such social media services. ElevatELT enables these features merely as a convenience, and the integration or inclusion of such features does not imply any endorsement or recommendation.

You agree to cooperate promptly with us to cease any unauthorized framing or linking activities. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice, at our sole discretion.

9. LINKS FROM THE SERVICES

If we, or third parties, provide links to other third-party sites and resources, these links are provided solely for your convenience. Some examples may include links contained in advertisements, including banner ads and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

If you decide to access any of the third-party websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use of those websites. ElevatELT reserves the right to withdraw any link provided by third parties on the Services.

10. FEES

Using the online courses and other Services (such as subscription plans) offered by ElevatELT requires payment of a fee. You agree to pay the fees for the content you purchase and authorize ElevatELT to charge the Services to the payment method you select. Fees are charged whether or not you use the purchased Services. You are responsible for timely payment of all fees charged by ElevatELT, as well as any applicable taxes. We reserve the right to disable or remove access to any content for which we have not received adequate payment.

Fees may vary depending on your location and other factors. If you are logged into your account, the currency displayed will be based on your location at the time the account was created. However, the final fees we charge will always be calculated in USD; therefore, such final fees may vary depending on the prevailing currency exchange rates offered by our payment providers.

Occasionally, we run promotions and sales for our content, in which certain content is available at discounted prices for a limited period of time. The applicable price for the content will be the price at the time you purchased the content.

You will provide ElevatELT with information about your credit card or other payment instrument. You represent and warrant that (a) this information is true, accurate, current, and complete, and that you are authorized to use this payment instrument, and (b) you will maintain and promptly update this information to keep it true, accurate, current, and complete. You agree that ElevatELT may update your payment methods with information provided to us by our payment service providers, and you authorize us to continue charging current fees to your updated payment method.

ElevatELT reserves the right, at any time, to change any fees or to begin charging for any previously free Service, at its own sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services (such changes will not apply to fees paid prior to the change).

Please note that due to the pricing systems of mobile platform providers and their policies, the price of content offered on the ElevatELT website may occasionally differ from the price offered on our mobile applications.

11. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee that files available for download from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output; you should also have a means external to our site for reconstructing any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, TO YOUR OBTAINING ANY MATERIAL THROUGH THE SERVICES, OR TO YOUR DOWNLOADING ANY MATERIAL POSTED ON THE SITE OR ON ANY WEBSITE LINKED TO IT.

YOU USE THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. HEREBY, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDUPRO360, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR ANY OTHER CAUSE, EVEN IF FORESEEABLE.
EDUPRO360’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION WILL NOT IN ANY CASE EXCEED THE AMOUNT YOU HAVE PAID TO EDUPRO360 IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS (USD 100), IF SUCH AMOUNT IS GREATER.

IN SOME JURISDICTIONS, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED. ACCORDINGLY, SOME OF THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ElevatELT, its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assignees, from and against any claims, liabilities, damages, proceedings and judgments, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, without limitation, your User Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Service.

14. TIME LIMITATION ON CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. WAIVER AND SEVERABILITY

No waiver by ElevatELT of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by ElevatELT to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

16. NO THIRD-PARTY BENEFICIARIES AND ASSIGNMENT

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.
You may not assign these Terms of Use without the prior written consent of ElevatELT, but ElevatELT may assign or transfer these Terms of Use, in whole or in part, without restriction.

17. ENTIRE AGREEMENT

The Terms of Use constitute the sole and entire agreement between you and ElevatELT with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, relating to the Services.

18. LANGUAGE

Any version of these Terms of Use in a language other than English is provided for the user’s convenience, and you understand and agree that the English version will prevail in the event of any conflict.

19. YOUR COMMENTS AND QUESTIONS

You may send us any feedback, comments, technical support requests, or any other communications related to the Services to our email address info@elevatelt.net