The following are the terms of use (these “Terms”) that govern your use of the websites, platforms and applications where this appears (collectively, the “Site”). Our privacy policy, found at Privacy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time.
The Site is operated by Elevate Leadership LLC and its affiliates (collectively, “Elevate”, “we”, “us” or “our”). “You” refers to you, as a User (as defined below) of the Site and to people that you contact through the Site (or that we contact on your behalf), or a person who you might choose to contact (or that we contact on your behalf) at some point in the future through the use of the Site. Through the Site, our visitors who use our websites, platforms, applications, products or services (“Users”) will be able to access digital media content designed to entertain and inform on political and social topics.
These Terms contain sections labeled “WHAT THIS MEANS” with accompanying explanatory text. Any information or terms provided therein are solely for convenience and are qualified entirely by the full text of these Terms.
We provide content designed to teach and train You on leadership skills and attributes. These terms govern your use of the Site. These “WHAT THIS MEANS” boxes are meant to be helpful summaries, but you should read these full Terms of Use.
You visiting the Site or sending emails to Elevate, as well as Elevate contacting you through push notifications, email or other electronic means constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. You have the right to opt-out of receiving any communications from us other than communications directly related to providing you access to the Site.
We may send you emails from time to time. Let us know if you don’t want to receive them, although there may be some emails we have to send you.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Elevate is not responsible for third party access to your account that results from theft or misappropriation of your account. You may not share your account or password with any other person or entity. Each account is designed for, and may only be used by, one User. Elevate and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit Content (as defined below) in our sole discretion. If you share your account or password with any other person or entity, we will terminate your account and suspend your access to the Site and Content (and the access of the person or entity with which you shared your account or password).
Elevate does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use the Site only with permission of a parent or guardian.
Keep your account information safe and private. You can’t share your account or password with anyone else. You cannot use Elevate if you are under the age of 18 without the permission of your parent or guardian.
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
Unless otherwise expressly authorized herein or in the Site, 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 purposes, any portion of the Site, the Content, use of the Site, or access to the Site.
Please be a good customer. Use common sense when using the Site and don’t submit any information or data that you shouldn’t.
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site (collectively, the “Content”) are owned by us or our licensors. We own copyrights and, in some instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time. We do not guarantee that any particular Content will be available at any specific time. From time to time we may remove Content that was previously accessible on the Site, or add new Content.
The information and views expressed in the Content may be opinions (either ours or those of other parties) and Elevate in no way endorses or guarantees any such information and views.
We grant you a limited, conditional, non-exclusive, non-transferable, non-sublicensable license to view the Site and the Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in these Terms. This license exists only so long as you strictly comply with each of the provisions described in these Terms. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in these Terms exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission
We own our Site and all the intellectual property in it. The Content is designed to help you become a better leader. Don’t try to steal our name, site, content, etc. or recreate them and don’t try to manipulate or crash our Site.
The Content is accessible on the Site according to different subscription options. You agree to pay such fees as are listed and agree that you are not entitled to a refund of any fees except in cases where we violate these Terms. In certain cases, you may be able to provide your comment, feedback or other reaction to the Content. You agree that you will give us your sincere and personal response to the Content in such cases. You agree that we own any feedback you give us and we may use it in any way we see fit, including but not limited to, improving the Site and determining which Content to provide you with.
Some of the Content you’ll have to pay for. Some of the Content you may be able to view for free. You may be asked for feedback. Please give us your genuine feedback. We will own and can use this feedback.
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent are or is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to Elevate Leadership LLC, 1592 Union Street, Suite 314, San Francisco, California 94123 Attn: Chief Operating Officer, hello@elevateleadership.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
If you believe that any comments, links, text or information submitted by you on the Site (“User Content”) that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Chief Operating Officer at the address and/or email set forth above: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Central District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Chief Operating Officer, Elevate will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or User, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, Elevate has adopted a policy of terminating, in appropriate circumstances and at Elevate’s sole discretion, access to the Site for Users who are deemed to be repeat infringers. Elevate may also at its sole discretion limit access to the Site and/or terminate the registrations of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We follow intellectual property laws. If you think people are misusing your intellectual property, follow these procedures.
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Elevate and Elevate is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Elevate is providing these Linked Sites to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by Elevate of the Linked Site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Sites, you hereby acknowledge and consent that other parties may have access to your information and data. The handling of any such data or information will be governed by those third parties’ privacy policies.
Elevate may occasionally feature content linked outside of Elevate. We aim to only share outside content that’s in line with our own policies, but we're not responsible if it's not or if you just don't like it. We also can't control the third party sites used to deliver some of our services.
The Site is controlled, operated and administered by Elevate from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree to indemnify, defend and hold harmless Elevate, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any provision of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Elevate reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Elevate in asserting any available defenses.
If someone sues us because of something you posted, uploaded or did on or off the Site, you will be financially responsible.
WE PROVIDE THE SITE AND ANY ACCOMPANYING SERVICES TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT GUARANTEE THE QUALITY OR STANDARD OF ANY OF THE CONTENT. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELEVATE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE ANY ACCOMPANYING SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELEVATE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Despite our best efforts, the Site may have problems. We try to make sure everything works, but there are limits to what you can sue us for.
Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Elevate Leadership LLC, 1592 Union Street, Suite 314, San Francisco, California 94123, Attn: Chief Operating Officer. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. You will be responsible for those fees, and in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Los Angeles, California.
You and we each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
We hope it never comes to this, but if there is a legal dispute between you and us, we’ll do arbitration instead of going to court.
Elevate reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. If your access to the Site is terminated as a result of your breach of these Terms, (i) any fees you have paid us for access to the Content is subject to forfeiture, even if we restrict or cancel your access to the Site or the Content and (ii) you must immediately return and/or destroy all Content that you have downloaded or otherwise acquired and may not keep any local, digital, or physical copies of any Content. If your use of the Site is terminated for a reason other than your breach of this Agreement, you may keep one digital and one physical copy of the Content and may continue to access and use such Content while adhering to the same rules as set forth in the sections titled “Ownership of Content and Grant of Conditional License” and “Access to Content”.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Elevate as a result of these Terms or use of the Site. Elevate’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Elevate’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Elevate with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Elevate with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Elevate with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
We want everyone to enjoy the Content we make available. If we have to cancel your access to the Site because of something you did, you might not get your money back.
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on the Site. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use the Site after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using the Site.
If we make significant changes to the terms, we'll keep you posted (probably by email). If you don’t like the new terms, you’ll have to stop using the Site.
Elevate welcomes your questions regarding these Terms:
Elevate Leadership LLC
1592 Union Street, Suite 314, San Francisco, California, 94123
Email Address:
hello@elevateleadership.com
Telephone number:
+1 415 940 2610
Effective as of October 20, 2020
We've helped hundreds of leaders, managers, and rising teams with our science-based frameworks and sessions. 98% of attendees say Elevate improved their confidence to manage their team, and 95% of attendees said they’d recommend Elevate to others.
