Your use of the Site, Application, or other product is governed by the version of the Terms of Service in effect on the date of use. Elevatyr may modify the Terms of Service at any time and without prior notice. By using and accessing the App or Site, you acknowledge and agree to review the most current version of these Terms of Service prior to each such use. Your continued use of and access to the App or Site constitutes your acknowledgement of, and agreement to, the then current Terms of Service. Please also note that the terms and conditions of these Terms of Service are in addition to any other agreements between you and Elevatyr and/or its affiliates, including any other agreements that govern your use of products, services, content, tools, and information available on the App or Site.
Elevatyr reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the App or Site and/or to suspend and/or deny access to the App or Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the App or Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Elevatyr does not undertake any obligation or responsibility to update or amend any such information. Elevatyr may discontinue or change any product or service described in or offered on the App or Site at any time without prior notice. Elevatyr further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the App or Site at any time and for any reason. You agree that Elevatyr and its subsidiaries and affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.
This App or Site is intended for individuals who are at least eighteen (18) years of age and can form a binding contract with Elevatyr in compliance with all applicable local, state, federal, and international laws, rules, and regulations. By using the App or Site, you represent that you agree to abide by all of the terms and conditions of these Terms of Service. If you violate any of these Terms of Service, or violate any other agreement with Elevatyr, we may restrict, suspend, or terminate your access to the App or Site or other Services without notice.
Some of our Services, and certain pages of the App or Site, are available only to users who have been authorized by us to access those services and web pages.
Unauthorized use of the App or Site and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of Elevatyr’s systems and/or any restricted areas of any of the App or Site, misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the App or Site in any manner that could damage, disable, overburden, or impair the App or Site or Service or interfere with any other party’s use and enjoyment of the App or Site or Service. You may not attempt to gain unauthorized access to any Elevatyr App or Site or Service, computer systems or networks connected to the App or Site or Service, through hacking, password mining or any other means. You may not screen-scrape, data scrape and/or use any automated means to acquire data and/or information from the App or Site. You agree that you will not engage in any activities related to the App or Site that are contrary to these Terms of Service and/or any applicable laws or regulations.
You agree to notify us immediately in the event that you learn or suspect that the security of your password may have been compromised. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your use of the App or Site and should promptly report any unauthorized or suspicious activity to us at email@example.com.
We do not knowingly solicit from, and the Services are not intended for, children under thirteen (13) years of age, and children under thirteen (13) years of age should not provide personal information online. If a parent or guardian becomes aware that his or her child under the age of 13 has provided us with information without their consent, her or she should contact us. We will delete such information from our files.
To help provide our Services, enhance your experience and collect information about user activity, we may place small data files on your computer or mobile device. These data files may be in the form of cookies, pixel tags, local shared objects or other similar technologies. Cookies and similar technologies enable us to personalize our application and services for you. These technologies may allow us to store and manage your preferences and settings, measure and analyze how you use our website and the effectiveness of our communications, offer services and help us improve our services and security.
- “Cookies” are small amounts of data a website can send to a visitor’s web browser. They are often stored on the device you are using to help track your areas of interest. Cookies may also enable us or our service providers and other companies we work with to relate your use of our online Services over time to customize your experience. Most web browsers allow you to adjust your browser settings to decline or delete cookies, but doing so may degrade your experience with our online Services.
- Clear GIFs, pixel tags or web beacons—which are typically one-pixel, transparent images located on a webpage or in an email or other message—or similar technologies may be used on our website and in some of our digital communications (such as email or other marketing messages). They may also be used when you are served advertisements or you otherwise interact with advertisements outside of our online Services. These are principally used to help recognize users, assess traffic patterns and measure Website or campaign engagement.
- Local shared objects, sometimes referred to as “flash cookies,” may be stored on your hard drive using a media player or other software installed on your device. Local shared objects are similar to cookies in terms of their operation but may not be managed in your browser in the same way. For more information on managing local shared objects, click here: https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
- Most browsers provide you with the ability to block, delete or disable these technologies. If you choose to reject cookies or similar technologies, some Services may not be available or some functionality may be limited or unavailable. Please review your mobile device help pages for assistance with changing your settings.
- Your IP Address is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever you visit our App or Site, along with the time of the visit and the page(s) that were visited. We use IP Addresses for purposes such as calculating App or Site usage levels, helping diagnose server problems, to personalize/tailor your experience while engaging with us online and offline, for compliance and security purposes, for advertising, and administering the App or Site.
- “Do Not Track” Signals. We do not respond to “do not track” signals from your browser at this time. To learn more about how “do not track” works, please visit http://allaboutdnt.com/.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE INFORMATION, PRODUCTS AND SERVICES ON THE APP OR SITE ARE PROVIDED ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. ELEVATYR DOES NOT PROVIDE ANY WARRANTIES (EITHER EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION AND/OR SERVICES PROVIDED ON THE APP OR SITE AND/OR YOUR USE OF THE APP OR SITE GENERALLY, FOR ANY PARTICULAR PURPOSE AND ELEVATYR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ELEVATYR WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE APP OR SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE APP OR SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, ELEVATYR CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER ELEVATYR, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY PROVIDERS OF CONTENT, SOFTWARE AND/OR TECHNOLOGY (COLLECTIVELY, THE “ELEVATYR PARTIES”), WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE APP OR SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE APP OR SITE, THE DATA CONTAINED THEREIN OR THE PRODUCTS OR SERVICES OFFERED THEREBY AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE APP OR SITE OR THE MATERIALS CONTAINED THEREIN, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ELEVATYR OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES.
IN NO EVENT WILL ELEVATYR OR ANY ELEVATYR PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF ELEVATYR OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. ELEVATYR CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE APP OR SITE.
All right, title and interest in the App (“App Content”) or Site and all content (“Site Content”) contained herein is the exclusive property of Elevatyr with all rights reserved, except as otherwise stated. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Site, except for the purposes expressly provided herein, without Elevatyr’s prior written approval. You acknowledge that all App Content or Site Content is and shall remain the sole property of Elevatyr. If you copy or download any information or software from the App or Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You may only use the App or Site and the Services for their intended purposes, and any use of the App or Site or Services that is not expressly authorized herein is strictly prohibited.
Elevatyr, the Elevatyr logo, and other Elevatyr trademarks and service marks referenced herein are trademarks and service marks of Elevatyr. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. Noting on this App or Site should be construed as granting you any license or right to use any trademark, whether owned by Elevatyr or a third party, displayed on the App or Site without the prior written approval of the trademark owner. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or App or Site on the Internet without the prior express written consent of Elevatyr or the trademark’s owner.
USE OF LINKS
THIRD PARTY CONTENT
Certain portions of the App or Site may contain unedited or third party content, including, without limitation, User Submitted Content. All User Submitted Content and all other postings, messages, text, images, links to third-party websites or other materials published on or otherwise made available by parties other than Elevatyr (such content, the “Third Party Content”) are the sole responsibility of the person(s) who originated such Third Party Content and Elevatyr may not monitor and does not control such Third Party Content, though Elevatyr reserves the right at all times (but will not have an obligation) to remove any Third Party Content. By using this Third Party Content, you agree to not rely on the Third Party Content and understand that you may be exposed to Third Party Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that Elevatyr makes no representations or warranties regarding the Third Party Content and is not responsible or liable in any manner for the Third Party Content or the conduct, whether online or offline, of any user. Your use of such Third Party Content may be subject to the terms of service or user agreement of such Third Party Content provider.
CLAIMS OF COPYRIGHT INFRINGEMENT
Elevatyr respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Elevatyr in accordance with the procedure set forth below.
Elevatyr will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be sent to firstname.lastname@example.org.
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the App or Site, with enough detail that we may find it on the App or Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
None of the information contained in the publicly accessible portions of the App or Site constitutes a recommendation, solicitation or offer by Elevatyr or its affiliates to buy or sell any securities, futures, options or other financial instruments or other assets or provide any investment advice or service. The information contained in the App or Site has been prepared without reference to any particular user’s investment requirements or financial situation. The information and services provided on the App or Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Elevatyr is not authorized to provide such information or services. Some products and services described in the App or Site may not be available in all jurisdictions or to all clients.
INDEMNITY AND RELEASE
You agree to release, indemnify, defend, and hold harmless Elevatyr and its affiliates, officers, directors, employees, agents, and representatives from any and all losses, liabilities, damages, settlements and expenses (including without limitation costs and attorneys’ fees), arising in connection with any claim suit, proceeding, or other action arising from your use of the App or Site or the services, your conduct in connection with your use of the App or Site or Services, or any violation of these Terms of Service or of any law or the rights of any third party.
CHOICE OF LAW
These Terms of Service and the Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflicts of laws provisions. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles, California in connection with any dispute or the enforcement of any right arising from these Terms of Service or the Agreement.
If for any reason any provision of this Agreement, or a portion thereof, is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of the Agreement.
This Agreement constitutes the entire agreement between Elevatyr and you with respect to this App or Site and it supersedes all prior or contemporaneous communications, agreements and understandings between Elevatyr and you with respect to the subject matter hereof.
Elevatyr’s failure or delay in exercising any right, power, or remedy under these Terms of Service shall not operate as a waiver of any such right, power, or remedy.
If you have any questions, comments, or complaints regarding these Terms of Service, the App or Site, or Services, you may call (240) 620-7281, email us at email@example.com, or write to Elevatyr at 555 W 5th St. 35th Floor, Los Angeles, CA 90013.
Last Updated: May 2018