These Terms and Conditions (the “Terms”) set forth the legally binding terms and conditions between you and Elevate with Energy Ltd., (“Elevate with Energy,” “we,” “us,” or “our”) that govern your access to and use of the website located at www.elevatewithenergy.com (the “Site”), the Content (as defined below in Section 2.2), and any Transactions (as defined below in Section 6.1) you may make through the Site.
The Site is a copyrighted work belonging to us. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. Without limitation to the preceding sentence, your submission of information, including personal information, through or in connection with the Site and/or any Transaction is governed by the terms of our privacy notice, as updated from time to time, available at www.elevatewithenergy.com/privacy (“Privacy Notice”).
BY ACCESSING AND/OR USING THE SITE AND/OR CONTENT, YOU (A) acknowledge that you have read, understand, and agree to be bound by these Terms, (B) ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ELIGIBLE TO ENTER INTO A BINDING LEGAL CONTRACT, AND (C) represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with any of these terms, do not access or otherwise use the Site or any CONTENT.
PLEASE NOTE, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH IN, AND SUBJECT TO, SECTION 11. IN ADDITION, Please be advised that we do not provide warranties for the SITE OR CONTENT and these Terms limit our liability to you. Please see Sections 7 AND 9 for further information.
Changes to the Site and Content; Modification of these Terms
WE MAY MAKE CHANGES TO, AND/OR DISCONTINUE OR SUSPEND, THE SITE AND/OR CONTENT AT ANY TIME WITHOUT NOTICE. You agree that WE will not be liable to you or to any third party for any CHANGES, suspension or discontinuance of the SITE AND/OR CONTENT (or any part thereof).
WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE TERMS AT ANY TIME. IF WE MAKE ANY SUCH CHANGES, WE WILL POST UPDATED TERMS ON THE SITE. If we make any material changes to these Terms, we will notify you by posting a notice of the changes on the Site AND/OR AS OTHERWISE REQUIRE UNDER APPLICABLE LAW. It is your responsibility to regularly visit and review these Terms. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SITE AND/OR CONTENT. IF YOU DO NOT CEASE USING THE SITE AND/OR CONTENT FOLLOWING THE DATE WE POST THE UPDATED TERMS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGES.
Access to the Site and Content
2.1 License. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and Content solely for your own personal, non-commercial use.
2.2 Ownership. We and our licensors retain all right, title and interest in and to the Site, including, without limitation, any and all text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site (collectively, the “Content”). All intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in and to the Site and Content are owned by us or our suppliers. Except for the limited license set forth under Section 2.1 of these Terms, nothing in these Terms will be construed to transfer ownership rights or grant any permission, license, title, interest or other rights in or to any of our intellectual property without written authorization from us. The names of actual companies and products mentioned within the Site and/or Content may be the trademarks of their respective owners. We reserve all rights and licenses not expressly granted to you in these Terms. There are no implied licenses granted under these Terms. The Content and Site, and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and/or any Content.
2.3 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Content, whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Content; (c) you shall not access the Site or Content in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the Site or Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall comply with the Acceptable Use Policy set forth under Section 3.1 of these Terms. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and/or Content shall be subject to these Terms. All copyright and other proprietary notices on the Site and/or Content must be retained on all copies thereof.
2.4 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Site or any Content (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site, Content, or any part thereof.
2.5 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site or any Content.
3.1 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to:
(a) upload, transmit, or distribute to or through the Site and/or Content any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system;
(b) use data mining, robots, automated agents or scripts, or similar data gathering or extraction methods on the Site;
(c) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Site;
(d) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(e) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
(f) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
(g) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
(h) harass or interfere with any other user’s use and enjoyment of the Site and/or Content;
(i) download (other than page caching) any portion of the Site and/or Content or any information contained therein except as expressly permitted on the Site and these Terms;
(j) remove or alter any proprietary notices or labels on or in the Site and/or Content; or
(k) use the Site and/or Content other than as expressly permitted in these Terms.
3.2 Enforcement. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include reporting you to law enforcement authorities.
3.3 Feedback. If you provide us with any feedback or suggestions regarding the Site and/or Content (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate without any payment or other obligation to you or any other person involved with the creation of the Feedback. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). We do not control and are not responsible for Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Release. Subject to applicable law, you hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site and/or Content (including any interactions with, or act or omission of, any Third-Party Links & Ads). If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by us or for our fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site and/or Content.
Fees and Purchase Terms
6.1 Transactions. We may make available products, merchandise, services, or paid Content for purchase through the Site (each a “Product”; collectively, the “Products”). When you purchase a Product (each such purchase, a "Transaction"), you will be asked to supply certain information relevant to your Transaction including, without limitation, your billing address and your shipping information. You will also be asked to provide your payment information through our third-party payment processors. You represent and warrant that you have the legal right to use any payment method(s) utilized in connection with any Transaction. By submitting such information, you acknowledge that we will provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
6.2 Shipping. Any physical Products purchased from our Site will be shipped by a third party carrier to the shipping address provided by you in connection with the applicable Transaction. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to (or pick up by) the carrier.
6.3 Product Descriptions. All descriptions, images, references, features, specifications, and prices of Products described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any Products on the Site does not imply or warrant that these products will be available. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all Products described on our Site will be available.
6.4 Orders. You agree that by placing an order for a Transaction on the Site, you are entering into a binding contract with us and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
6.5 Product Availability. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any Product or service.
6.6 Payment. You agree to pay all fees incurred by you for any Products you purchase through any Transaction in accordance with the stated fees, charges and billing terms. At the time of the Transaction, we will ask you to provide your payment information through our designated third-party payment providers (each a “Payment Provider”). Your Payment Provider agreement governs your use of the designated payment method, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing your payment information, you agree that we are authorized to immediately charge you for all fees and charges due and payable and that no additional notice or consent is required. All fees are non-refundable and non-returnable. We reserve the right at any time to change our fees and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
6.7 Taxes. The fees are exclusive of all applicable sales, use, value-added, withholding, and other taxes or other similar charges, and you will be responsible for payment of all such taxes (other than taxes based on our income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Site, or performance of any services by us.
Disclaimers. The Site and Content are provided on an “as-is” and “as available” basis. To the extent permitted by applicable law, we (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, satisfactory purpose, or non-infringement, with respect to the Site, Content, Products, or these Terms. We (and our suppliers) make no warranty that the Site, Content, or Products will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. OUR CONTENT AND PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES AND THAT NO WARRANTIES ARE MADE BY ANY OF COMPANY’S SUPPLIERS. You acknowledge and agree that if you rely on any COMPANY Content or the Site, you do so solely at your own risk.
Indemnification. You agree to indemnify and hold us harmless (and our officers, directors, employees, and agents) from any claim or demand made by any third party, including without limitation costs and attorneys’ fees, due to or arising out of (a) your use of the Site and/or Content, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Mitra. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Limitation on Liability
To the maximum extent permitted by law, and subject to the final paragraph in this Section 9, in no event shall we (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site AND/OR CONTENT, OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE AND/OR CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND/OR CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, even if MITRA has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, and subject to the final paragraph in this Section 9, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty pounds sterling (GBP 50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms.
The exclusions in this Section 9 shall apply to the maximum extent permitted by law, but WE do not exclude liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site and/or Content. We may suspend or terminate your rights to use the Site and/or Content at any time for any reason at our sole discretion, including for any use of the Site and/or Content in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 to 2.5, Sections 3 to 9, and Section 11.
11.1 Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
11.2 Disputes. Except as otherwise set forth in these Terms, you agree that any dispute between you and us arising out of or relating to these Terms or the Site, Content, and/or our Products or services (or any part thereof) (collectively, “Disputes”) shall be governed by the provisions set forth in this Section.
11.3 Informal Resolution. Before resorting to formal dispute resolution in accordance with this Section, you agree to first contact us directly at email@example.com to seek an informal resolution to any Dispute. In the event a Dispute is not resolved within thirty (30) days after submission, you or Elevate with Energy may institute arbitration in accordance with the procedures set forth in this Section.
11.4 Dispute Resolution. Any and all Disputes that cannot be resolved through informal resolution as set forth above shall be resolved exclusively through final, binding and confidential arbitration and shall take place in the County of Yorkshire, England unless otherwise mutually agreed to by the parties. The arbitration shall be administered by the American Arbitration Association International Centre for Dispute Resolution (AAA-ICDR) under the arbitration rules in effect at the time such dispute is submitted (the “Rules”), provided that the arbitrator and the parties shall comply with the following: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.
11.5 Opting-Out of Arbitration. You may opt-out of the agreement to arbitrate by providing us written notice within thirty (30) days of first accepting these Terms. Your notice must include: (i) your full name (first and last); (ii) your email address or other preferred method of contact; and (iii) a clear statement that you decline this agreement to arbitrate.
11.6 Exception to Arbitration. Notwithstanding anything in these Terms to the contrary to the extent you have in any manner violated or threatened to violate any of our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts.
11.7 No Class Actions. You may only resolve Disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under these terms.
11.8 Venue. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Elevate with Energy agree that any judicial proceeding will be brought in courts of England and Wales, and the parties consent to venue and personal jurisdiction in such courts.
11.9 Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
12.1 Electronic Communications. The communications between you and Elevate with Energy use electronic means, whether you use the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
12.2 Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Site, Content, and Products.
12.3 Waiver. A waiver by us of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of us and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
12.4 Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
12.5 Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
12.6 Relationship between you and us. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.
12.7 Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
12.8 Copyright/Trademark Information. Copyright © 2020 Elevate with Energy Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
12.9 Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at: firstname.lastname@example.org.
Elevate With Energy, All Rights Reserved, © 2022