TERMS OF USE

Welcome to elevatesimply.com (the “Website”).

This Website is operated by BJS Consulting LLC DBA Elevate Simply, a Missouri limited liability company (sometimes referred to as “we,” “us,” “our”).

By using this Website or any related app or service provided or operated by us, you are agreeing to these Terms of Use (the “Terms”) and our Privacy Policy available at the “Privacy Policy”

All references to “you” mean you, an individual. However, if you are using the Services (as defined below) on behalf of a business entity, then “you” means both you and your business entity.

If you do not agree to these Terms, then do not use the Services.

USE OF THE SERVICES

“Services”

As used in these Terms and our Privacy Policy, “Services” mean this Website and all related apps and services provided or operated by us.

Provision

We will use commercially reasonable efforts to ensure the Services are up and running. We may modify parts or all of the Services at any time.

Prohibited Uses

You may not do anything through the Services that is illegal or that diminishes our purposes or that will harm the Services including without limitation using bots, scrapers, harvesters, or other automated systems. You may not use the Services if you are under 13 years of age, if we have restricted or terminated your use of the Services, or if your use of the Services will violate another contract.

Third-Party Sites

If you click on any links that take you away from our Services, then you use those other sites and services at your own risk.

SUBSCRIPTIONS

General

Some or all of the Services may be accessible only after subscribing to a subscription, paying the applicable subscription fee (your “Subscription”), and signing a separate written (or digital) document setting forth your subscription term and subscription fee (your “Subscription Agreement”). 

Subscription Fees

If you create a Subscription, then you will thereby be agreeing to pay all fees required for the Subscription as provided in your Subscription Agreement. We currently accept payment using ACH transfers and checks.

Subscription Services

Subscriptions include access to the Elevate Simply Analysis 2 Insight(TM) strategic alignment tool at the frequency determined in your Subscription Agreement.

“Services”

For clarification, the defined term “Services” includes your Subscription. However, solely with respect to your Subscription, if there are any conflicts between the provisions in this Section (Subscriptions) and other provisions in these Terms of Use and/or our Privacy Policy, then the provisions in this Section (Subscription) shall supersede those conflicting terms.

USER ACCOUNTS

General

Organizations which purchase Subscriptions may receive user accounts for their representatives. Additionally, we may permit different account types. Each type may have different levels of access and/or permissions.

Individual User Accounts

If you create an account, then we may request information about you as provided in these Terms and also as provided in our Privacy Policy (for information on how we use that information, please review our Privacy Policy). You are responsible for everything that happens through your account. You must keep your account credentials private and must not allow other people to use your account. 

CONTENT & INTELLECTUAL PROPERTY

Our Property Rights

The Services, including without limitation all design, software, code, and other content on the Services, are either owned by us, licensed to us, or likely owned by another individual or business and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms. 

Your Property Rights

If you submit any content to us including text, photos, videos, or other content (“Your Content”), then you (a) represent and warrant that you either own or have permission to use all of Your Content including the intellectual property in and to the same; and (b) grant us an irrevocable, worldwide, perpetual, sub-licensable, royalty-free, transferable, license to use Your Content including without limitation the right to reproduce, prepare derivative works from, distribute, display, and perform, all of Your Content for any reason, with or without attribution. 

Copyright Policy

We respect intellectual property rights. Accordingly, if you believe content on our Services infringes your intellectual property rights, please contact us at contact@elevatesimply.com with the relevant information so we may review the same and respond to your concern.

APPLICATION PROGRAM INTERFACE (API) TERMS

API Terms & Conditions

At our sole discretion, we may allow you to interact with, pull data from, and use, the Services using one or more Application Program Interface (commonly referred to as an API). If we do, then additional API terms and conditions may apply to your use of our APIs. For clarification, our API(s) are considered part of our “Services.”

DISCLAIMERS & LIABILITY LIMITATIONS

THIS SECTION IS IMPORTANT. YOU SHOULD READ IT.

THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS SUBJECT TO THE FOLLOWING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS. 

We do not provide any express warranties or representations and disclaim any and all imputed warranties and representations, including without limitation all warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. We disclaim all liability for identity theft and other misuse of your identity or other content. We do not make any guarantees regarding the operation of the Services, portions or all of which may be unavailable at times or terminated permanently. We do not control or vet content submitted by the users of our Services.

Additionally, the bulk of the content on our Services is pulled from public databases, which we did not create, and we do not control. Accordingly, we do not make any representations or warranties with respect to the accuracy or completeness of the content on our Services.

Except as expressly provided in another contract between you and us, your sole remedy for dissatisfaction with the Services is to terminate your user account(s) and/or your use of the Services. Neither us nor any of our parents, subsidiaries, affiliates, licensors, or the owners, members, directors, officers, employees, contractors, or agents of any of the same (“Affiliates”) shall be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services or any of the content or other materials on, accessed through, or downloaded through, the Services. Subject to the other limitations in the policies, our liability, if any, as well as the liability of any of our Affiliates, if any, shall be limited to a refund of the subscription fee for the current subscription term. Further, any cause of action or claim which you may have which arises out of or relates to these Terms or our Privacy Policy or your use of the Services, must be brought, if at all, within one-year after the cause of action accrued, otherwise, such cause of action or claim shall be permanently barred. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, statute or any other legal theory; we knew or should have known about the possibility of such damages; or the limited remedies provided in this section fail of their essential purpose. 

To the fullest extent allowed by applicable law, you shall save, indemnify, and hold us and our Affiliates harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third party claims, charges, and investigations, caused by your failure to comply with these Terms, including without limitation, your submission of content that violates third party rights or applicable laws, any applications or programs which you create which use any of our Services, and any activity in which you engage on or through the Services. 

Certain state laws do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, and limitations, may not apply to you and you may have additional rights.

ARBITRATION

If a dispute arises between you and us related to your use of the Services, these Terms, or our Privacy Policy, then the dispute shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited) and shall be administered by the American Arbitration Association (“AAA”). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Missouri Secretary of State. The arbitration proceedings shall be held in Jackson County, Missouri, USA. If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial proceedings will be brought in accordance with the governing law and jurisdiction/venue provisions below.

Notwithstanding the agreement to arbitrate above, either you or we may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Services or intellectual property infringement (for example, trademark, trade secrets, copyright or patent rights) without first engaging in arbitration.

CLASS ACTIONS ARE PROHIBITED:

All claims, including without limitation all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.

MISCELLANEOUS

Termination

If you create a user account, you may terminate the account at any time. Additionally, you may stop using the Services at any time.

Notwithstanding the foregoing, (1) you may not terminate your Subscription early; and (2) even if you stop using the Services and/or you terminate your user account, you will remain liable for any damage you caused or may later cause to us or any part of the Services.

If we believe (in our reasonable discretion) that you, your organization, or any other user within your organization, is or are in violation of any of the terms in these Terms of Use or our Privacy Policy, then we may, at any time, with or without notice to you: (a) suspend your access to or terminate your right to use of all, or parts of, the Services; and/or (b) suspend your access to or terminate your user account, if applicable. 

Governing Law; Jurisdiction; Venue; & Waiver Of Jury Trial

These Terms and our Privacy Policy are governed by and shall be construed in accordance with Missouri law, without regard to its conflict of laws rules. If a dispute arises between you and us related to your use of the Services, these Terms, or our Privacy Policy, and if such dispute is for any reason not subject to the arbitration requirements above, then the dispute shall be resolved in the US. District Court for the Western District of Missouri and/or the courts in Jackson County, Missouri, and you and us each consent to venue and personal jurisdiction there. Both you and we waive trial by jury in all actions, proceedings, and counterclaims brought by either party against the other on any matter related to your use of the Services, these Terms, or our Privacy Policy.

Contact

Except as otherwise required in these Term of Use or our Privacy Policy, all notices and communications that you may send to us shall be sent to us at contact@elevatesimply.com. 

Entire Agreement; Severability; Waiver

These Terms and our Privacy Policy set forth the complete and entire agreement between you and us relating to your use of the Services and supersede all other negotiations, proposals, or agreements, whether oral or written, previously discussed or entered into between you and us related to your use of the Services. Each provision of these Terms and our Privacy Policy shall be treated as separate and independent from the other provisions and the unenforceability of one shall not impair the enforceability of the others. The failure or delay by us to exercise any right or remedy set forth in these Terms or our Privacy Policy will not operate as a waiver thereof. The waiver by us of a breach of any provision in these Terms or our Privacy Policy will not operate as a waiver of any subsequent breach. No waiver by us will be effective unless and until it is in written form and signed by us. 

Assignment

These Terms and our Privacy Policy and all rights and licenses granted to you, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

POWER TO AMEND THESE TERMS

We may amend these Terms and/or our Privacy Policy at any time by providing advance notice to you on the Website, through the Services, or through another communication channel. Your continued use after we provide the notice constitutes your consent to the amendment(s).

© 2020 Elevate Simply | All Rights Reserved

Terms of Use | Privacy Policy

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