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”).
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
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.
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.
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.
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”).
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.
Subscriptions include access to the Elevate Simply Analysis 2 Insight(TM) strategic alignment tool at the frequency determined in your Subscription Agreement.
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
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.
We respect intellectual property rights. Accordingly, if you believe content on our Services infringes your intellectual property rights, please contact us at firstname.lastname@example.org 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.
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.
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.
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.
Governing Law; Jurisdiction; Venue; & Waiver Of Jury Trial
Entire Agreement; Severability; Waiver
POWER TO AMEND THESE TERMS