Elevate Beyond Terms of Use


Elevate Beyond has recently revised our Terms of Service and other legal policies. The updated versions are now in effect as of January 2024 and may be modified without prior notice. For inquiries regarding these policies, please feel free to contact us at [email protected] to request an unsubscription, cancel a subscription, or seek further clarification on our terms of use and policies. You can also get in touch with us through the following contact information:

Elevate Beyond

558 Castle Pines Pkwy, Unit B-4 #318

Castle Pines, CO 80108

Telephone: 1-949-777-6809

[email protected]

Carefully review the updated Terms and Conditions along with all other policies to ensure you grasp any significant changes that may affect you. Any disagreements regarding these Terms, the Services, and the websites offered by Elevate Beyond will be resolved through binding arbitration, as outlined in Section 14, including a waiver of class action rights.

PLEASE READ THESE TERMS CAREFULLY.  THEY CONTAIN AN ARBITRATION CLAUSE.  EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND ELEVATE BEYOND AGREE THAT DISPUTES RELATING TO THIS TERMS OR YOUR USE OF OUR SERVICES AND SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.  

Terms of Service Agreement 

We sincerely appreciate your choice to engage with Elevate Beyond! At Elevate Beyond, we are dedicated to supporting our customers with a range of services, content, digital tools, and a vibrant community to enhance their personal growth. Simply put, your progress is at the heart of our mission. We aim to deliver valuable resources to empower our audience through our coaching services, personal development content, and innovative tools available on websites, apps, live streams, social media, exclusive member areas, and community platforms. All these offerings collectively form what we refer to as our "Services."

The Terms of Service Agreement, also referred to as this "Agreement," outlines the terms by which Elevate Beyond offers our Services to you and explains how the Services can be utilized and accessed.

Before subscribing to our Services, it is essential that you carefully read, understand, and agree to all the terms and conditions outlined in this Agreement, as well as those referred to within it, such as our PRIVACY POLICY.

If you are going to use the Services on behalf of a company or any other organization, you are agreeing to these Terms on behalf of that entity and confirming that you have the authority to do so. In this context, "you" and "your" will be referring to that particular entity or organization.

When you sign up for our Services or engage with them in any way, you are agreeing to follow our Terms as well as relevant laws and regulations. Before making a purchase or accessing our Services, you might need to click on "I accept." If you choose not to click on it, you may not be able to complete your purchase or access our Services. If you don't agree to these Terms, please refrain from using our Services.

At Elevate Beyond, we want to clarify that we are not an accredited educational institution, marketplace, or SAAS company. Our community includes users, customers, teachers, and partners who are not employed by us. It's important to note that while we provide services for you to engage with our platform, we are not responsible for any interactions you have with other members, such as customers, students, subscribers, teachers, or other users, whom we refer to as "End-Users." We want to make it clear that we cannot be held liable for any disputes, claims, losses, injuries, or damages that may occur in your interactions with End-Users, or if they rely on any information or content you share on our platform.

1. Fees and Payments 

1.1. When you use our services, you are responsible for paying the fees associated with them as outlined in the pricing and payment terms provided to you. Payment will be processed through the billing method you choose on your account management page. If you opt to pay with a credit card, you must ensure that the information provided is accurate and inform us promptly of any changes. Please note that fees are generally non-refundable, unless stated otherwise in our Terms, during checkout, or as required by law. Your fee may include technical support related to our services, which is exclusively available to Elevate Beyond customers. It's important to mention that our support agents are not trained to offer psychological, therapeutic, or technical assistance, and as such, we do not provide such support.

1.2. Subscriptions. Some of our Services are billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle.  Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account through contacting us at [email protected] to cancel, or if available via your online account management page or in the app where applicable, prior to the end of the billing cycle. While we will never want to lose a customer, you may cancel auto-renewal on your Subscription at any time by contacting us at [email protected] if you are unable to do so on some of our Platforms, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

When you register for a plan that offers a free or discounted trial period, remember that if you forget to cancel your account before the trial period ends, you'll be charged the full price of the plan once the trial is over. However, if you manage to cancel before your first invoice is processed after the trial period, you won't incur any charges.

We work with third-party providers like Elevate Beyond, Stripe, PayPal, and app platforms such as the Apple App Store or Google Android platforms to securely store your payment information. This includes non-sensitive details like partial credit card numbers and expiration dates. Rest assured, we don't directly access this information unless it's through the methods provided by the provider(s). It's important for you to ensure your payment details are current by updating them in your account settings. If there are changes or updates needed, your payment provider may automatically provide us with the latest details, like your card number, expiration date, and CVV code.  By agreeing to this, you allow us to grant you access to our Services. You give us permission to update your credit card details and charge it accordingly. Should a payment fail due to reasons like card expiry or insufficient funds, we may pause or cancel your Services or subscription until the necessary updates are made. Additionally, if you choose to renew your subscription, we may charge your saved payment method accordingly.

If you decide to make any changes to your plan during a trial period, such as upgrading, downgrading, or modifying it in any way, please note that this action will immediately end the trial. Upon upgrading, you will be charged for the first term period, whether it's monthly or annually, right away. In the case of upgrading or downgrading your plan after the trial period, your credit, debit, or other payment card will be automatically charged the new rate in the following billing cycle. If you upgrade to a higher-priced plan within a billing cycle, you will be promptly billed for the prorated difference for that cycle. Should a plan downgrade result in a credit to your account, this credit will be applied to your upcoming billing cycle(s) and will not be refunded.

1.3. When you make a purchase, please note that our prices do not cover any additional charges like taxes, duties, or other government assessments. This includes taxes such as value-added, sales, use, or withholding taxes that may be imposed by relevant authorities. You are accountable for settling any Taxes linked to your purchase and ensuring that your billing details are current.

(a)  United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority. If for any reason you are billed without sales tax on the platform you signup on, or by a technical glitch, software update, or new pricing, you will automatically be charged the appropriate sales tax in the next billing cycle without notice.

If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate.

If we subsequently determine in our sole discretion that your tax exemption document is valid, we will refund the sales tax collected.

(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST, or any other sales, consumption or use taxes that arise in connection with your purchases of our Services unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption, or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate.

If you are required by law to withhold any Taxes from your payments to Elevate Beyond, you must provide Elevate Beyond with an official tax receipt or other appropriate documentation to support such payments.

1.4. Changes in Pricing. Elevate Beyond reserves the right to adjust the fees for the Services you receive. If you are on a subscription plan, any fee modifications will take effect at the conclusion of your current billing cycle. Rest assured, Elevate Beyond will inform you in advance of any fee changes, giving you the option to terminate your Subscription in accordance with Section 1.2.  

2. Your Content

2.1. You are the rightful owner of your content and hold all intellectual property rights to it. When we refer to "Content," we mean software, data, text, audio, video, images, and personal information. Elevate Beyond respects your ownership and does not assert any claims over your Content. These Terms ensure that we only have the necessary rights to deliver our Services to you, as outlined in the Terms.

When you share content through our Services, you are promising us two important things: first, that you have the rights or permissions to use and publish that content; and second, that your content and how you and your users use it will comply with the law and our Acceptable Use Policy.

2.2. When you upload your content through our services, you grant Elevate Beyond a limited license to use it. This means that we have the right to display, feature, and make your content publicly available on our platform, strictly for the purpose of providing you with our services. It's important to note that we do not claim any intellectual property rights over your content. This license is worldwide and royalty-free, allowing us to use your content as outlined in our Privacy Policy. Even if you decide to no longer use our Services, we still hold a license for specific purposes. This includes data that has been aggregated and anonymized from your Content, as well as any backup copies we maintain as part of our standard business practices. Moreover, this license also covers any reputable third parties we collaborate with to ensure the smooth delivery of our Services to you. Should you offer us any feedback or ideas about our Services, we have the right to utilize and distribute them for any reason without owing you compensation or any other obligations.

2.3. Elevate Beyond’s Right to Use Your Name.  Elevate Beyond shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your business to promote our Services.  Any goodwill arising from the use of your name and logo will inure to your benefit. 

2.4. At Elevate Beyond, we highly value the rights of intellectual property and we hold our users to the same standard. If you suspect that a user on our platform is violating your intellectual property rights, please don't hesitate to reach out to us through our legal department.

The information and materials found in our Services, including any content on our affiliated Sites, are safeguarded by copyright and trademark laws and belong to their respective owners. It's important to note that you should not repost or sell any of our content without permission, as it's considered our protected and proprietary assets. Unless stated otherwise, you are allowed to view and utilize the information and materials from our Services for your personal use exclusively. You are not allowed to sell, alter, edit, remove, showcase, send, adjust, profit from, derive from, or duplicate for dispersal any information, resources, trademarks, content, or copyright showcased in the Services, or any of our associated sites, apps, partners, or platforms. Before you can publish, distribute, showcase, or commercially benefit from any material, you must receive written consent from us or any other entity that possesses intellectual property rights on our Services. Failure to obtain our written consent may result in significant legal consequences. By utilizing the Services, you agree to these limitations and to comply with all copyright notifications.

2.5  We offer our services to a wide range of clients worldwide, including your competitors, without any guarantee of exclusivity in specific market segments. It's important to note that employees and contractors at Elevate Beyond may also be customers, which means they might have access to your information or account. Rest assured that they are bound by Elevate Beyond's policies and procedures and won't use your content or confidential information inappropriately. 

3. Privacy

3.1. Privacy.  When you use our Services, you have the option to share Content with Elevate Beyond, which may include personal data belonging to you or others. We understand the significance of your Content to you, and by entrusting it to us, you rely on us to handle it responsibly. Our Privacy Policy outlines how we handle your Content, and we commit to following it diligently. By using our Services, you consent to Elevate Beyond utilizing and sharing your Content in compliance with the Privacy Policy and relevant data protection regulations. Through your use of the Services, you acknowledge and consent to Elevate Beyond's handling of your personal information being regulated by our Privacy Policy.  

3.2.  If your business operates within the European Economic Area (EEA), as a customer of Elevate Beyond, you are considered a "data controller" of the "personal data" belonging to individuals in the EEA. This is as defined in the European General Data Protection Regulation 2016/679 (GDPR). By requesting our services and agreeing to our terms, along with the Elevate Beyond Privacy Policy and Data Processing Addendum, you are giving us permission to handle any personal data gathered through our services on your behalf. It's important to note that our use and collection of personal information from European residents are also governed by the Data Processing Addendum. You must ensure and guarantee that you have the right to transfer personal data to Elevate Beyond so we can legally process and transfer the data in line with the terms agreed upon.

3.3. Confidentiality.  At Elevate Beyond, we value the confidentiality of your Content and will handle it with utmost care, following the guidelines set in the Terms and Privacy Policy. Your Content is considered confidential, except in cases where: (a) it becomes public without any breach on our part, (b) Elevate Beyond already had knowledge of it before you shared it, (c) the Content is obtained from a third party with no breach of their obligation to you, (d) Elevate Beyond developed similar Content independently, or (e) you voluntarily posted it on our platforms with the awareness that others may view it. In situations where disclosure is mandated by law, Elevate Beyond will make reasonable efforts to notify you, if legally permissible, to provide you with an opportunity to contest the disclosure requirement.  

3.4. Security.  At Elevate Beyond, we take the security of your Content seriously. We adhere to industry security standards when storing and handling your data. Our focus is on implementing robust technical, organizational, and administrative measures to safeguard the security, integrity, and confidentiality of your Content. Our aim is to minimize the chances of unauthorized access or use of your information. If Elevate Beyond discovers any unauthorized or illegal access to, or changes, use, exposure, or deletion of, personal information linked to your account ("Security Incident"), we will promptly inform you, preferably within 72 hours of becoming aware of the incident. Elevate Beyond will also cooperate with you in investigating any Security Incident by assisting in drafting necessary notifications and supplying any additional information you may reasonably need regarding the incident, provided that such information is not already accessible to you through your account or updates from Elevate Beyond online, in accordance with our Legal Requests Guidelines. 

4. Elevate Beyond’s Intellectual Property

4.1.  Services License.  When you use our Services or agree to the Terms, it doesn't mean you own the Services or any content you view, except for your own content. You also can't use Elevate Beyond's trademarks or brand elements. We or our licensors own all the rights to the Services, along with the technology and intellectual property rights involved. Following the Terms, we give you a limited, temporary, and non-exclusive license to access and use the Services as outlined in the Terms. Other than what's stated in this section, you don't gain any rights to the Services or related intellectual property rights from us, our affiliates, or our licensors. If you're using our Services through an app, and you comply with the Terms, Elevate Beyond allows you a limited, non-transferable, temporary license to download, install, and use the app on a single device you own or control for personal or internal business use. If you're using the app from the Apple App Store, you can only use it on an Apple device running iOS and following the rules set by the Apple App Store Terms of Service.  

4.2.  License Restrictions.  When using our Services, please ensure that you abide by the Terms and use them only as permitted. Avoid modifying, distributing, reverse engineering, or attempting to extract the source code of any software included in the Services. Do not misuse the Services to evade fees or usage limits, or to resell or sublicense them. Additionally, refrain from using any automated tools to scrape data from the Services, except for public search engines indexing materials for search purposes. 

5. User Content

5.1. User Content.  The Services may display content provided by others that Elevate Beyond does not own. Such content is the sole responsibility of the entity that makes it available. Additionally, as stated in Section 2.1, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Elevate Beyond is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use any Content from or on our Services unless you have first obtained the permission of its owner or are otherwise authorized by law to do so.   

5.2. Content Review.  At Elevate Beyond, we don't have the obligation to constantly check or go through every piece of Content that's shared on our Services. However, it's important to note that we may need to review specific content to ensure it complies with legal requirements. This could involve checking if the content is unlawful or goes against our Terms of Service and Acceptable Use Policy, especially if it's brought to our attention as being problematic. Ultimately, we hold the authority to adjust, restrict access to, remove, or choose not to show content that we believe breaches the law or our Terms. The decision to decline or eliminate any Content from our Services or platform rests solely with us.  

5.3. Third Party Resources.  Elevate Beyond may include links or information in its Services that direct you to websites run by other companies. We want to clarify that we don't keep track of or have authority over these third-party sites. Therefore, we cannot guarantee or endorse their products or services, nor do we take responsibility for monitoring any changes or updates to their content. It's important to understand that using any third-party offerings through our Services or a different website carries inherent risks. We advise you to carefully read and understand the terms and policies of these third parties, especially regarding privacy practices, before engaging in any transactions. The trademarks and content you see alongside our Services belong to their respective owners. Please be aware that once you click on a link to a third-party site, advertisement, or application, you are venturing outside of Elevate Beyond's domain and will be subject to the rules and regulations of that particular website or platform. 

6. Account Management  

6.1. Keep Your Password Secure.  If you have an account with Elevate Beyond to use their Services, it's important that you keep your password and login details secure. Remember, you're responsible for any actions taken on your account, even if you didn't authorize them. If you notice any unauthorized access to your account, please contact Elevate Beyond's support team immediately at [email protected].  

6.2. Keep Your Details AccurateAt times, Elevate Beyond sends updates and important information to the email address linked to your account. It's crucial to ensure that your email address, as well as any other contact or payment details linked to your account, are up to date and correct. 

6.3. Remember to Backup.  As a user, it's your responsibility to keep your Content safe and secure by maintaining it, protecting it, and creating backups. Elevate Beyond cannot be held liable, within the limits of the law, for any issues related to storing, loss, or corruption of your Content.

6.4. Account Inactivity.  At Elevate Beyond, we reserve the right to close your account and remove any content within it if there has been no activity on your account, like logging in or making a payment, at our discretion. Rest assured, we will try to notify you via email before taking such action, giving you a chance to log in and keep your account active.

6.5. Customer Success.  At Elevate Beyond, you may be assigned a customer success manager, or CSM for short. This dedicated individual will take a look at how you are utilizing our services and your content. Their goal is to assist you in maximizing the benefits of our services by offering helpful insights and reports on your usage.

6.6 Your account phone number and SMS/Text.

When you share your phone number with us, we may use it to verify orders, provide scheduled training or updates, and send you text messages about Elevate Beyond services, as well as related brands or programs. If you no longer wish to receive SMS/text messages from us, you can easily opt out by responding to any of our messages with the word STOP. By enrolling in our Services, you are giving us consent to send you text messages until you indicate otherwise by replying STOP. If for any reason our system does not receive your STOP request, you waive any claims against us and we ask you to email us at [email protected] to let us know if you are continuing to receive any unwanted messages.  

7. User Requirements

7.1. Legal Status.  To use our Services, you must have the legal capacity to enter into a contract with Elevate Beyond. If you lack this capacity, you are not permitted to use our Services. If you are not an individual, you confirm that you are properly established and recognized under the laws of your formation jurisdiction. You must also have the complete authority to agree to these Terms and have officially empowered your representative to bind you to these Terms.  

7.2. Minors. Individuals under the age of 18, commonly referred to as "Minors," should seek supervision or guidance from their caregiver when using the Services. It is important to note that our Services are not aimed at children under 16, and Elevate Beyond does not knowingly gather personal information from minors. As a user of our Services, it is crucial for you to adhere to relevant laws concerning children's privacy rights, such as the Children's Online Privacy Protection Rule (COPPA). 

7.3. EmbargoesTo use our Services, you must ensure that you, or anyone associated with you, are not listed by the Department of the Treasury’s Office of Foreign Asset Control (“OFAC”) or any similar entity as a prohibited individual, group, entity, or nation. This includes being designated as a "Specially Designated National and Blocked Person”, terrorist, or any other banned or blocked entity. By using our Services, you confirm that you are not, directly or indirectly, working on behalf of any Prohibited Person. You also guarantee that you have not engaged, and will not engage, in any business or transactions with Prohibited Persons that violate U.S. laws, including the U.S. Patriot Act or any OFAC regulations. Additionally, you must not be restricted by any OFAC sanctions program, especially those related to Iran, North Korea, or Venezuela, in order to use Elevate Beyond’s Services.

Furthermore, it is your responsibility to ensure that you do not provide access to the Services to any Prohibited Persons.  

7.4  Compliance with Laws.  When using our services, it's essential to ensure that you are in full compliance with all relevant laws. These laws encompass federal, state, and international regulations that may impact your content, business, websites, and mobile applications. They cover a wide range of areas such as privacy, data security (like CCPA and GDPR), website/mobile app accessibility, taxes, HIPAA, and subscription practices. Please note that Elevate Beyond is not HIPAA compliant and has no current plans to become compliant. Therefore, it's crucial not to use our services for handling protected health information under HIPAA or any other health privacy regulations. Information provided by Elevate Beyond, whether in content, help articles, or examples, is for informational purposes only and comes without any guarantees regarding its legal implications or completeness. Elevate Beyond does not offer therapeutic, financial, or legal advice and recommends consulting with your chosen professionals at your own cost. By using our services, you take full responsibility for your content and ensuring its adherence to all applicable laws. 

8. Acceptable Uses 

As a user of our Services, it's important to remember that you are accountable for how you behave, the content you share, and your interactions with others. To ensure a positive experience for everyone, please adhere to the following guidelines when using our Services. If we come across any behavior or content that goes against the standards outlined in this policy, we will not hesitate to take action, which may include removing the content, reporting it, or even suspending or terminating your account. We are committed to upholding the principles of this policy and will take measures to prevent any misuse of our Services.

1. Unless authorized by Elevate Beyond in writing, you may not probe, scan, or test the vulnerability or security of the Services or any Elevate Beyond system or network.

2.  Unless authorized by Elevate Beyond in writing, you may not use any manual or automated system or software to extract or scrape data from websites or other interfaces through which we make our Services available.

3.  You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury.

4.  You may not purchase, use, or access the Services for the purpose of building a Services or service that is competitive to Elevate Beyond or for any other competitive purposes.

5.  You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.

6.  You may not circumvent or attempt to circumvent any limitations that Elevate Beyond imposes on your account (such as by opening up a new account to create or distribute Content that we have closed for a violation of our terms or policies).

7.  You may not deny others access to, or reverse engineer, the Services, or assist anyone else to do so, to the extent such restriction is permitted by law.

8.  You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.

9.  You may not use the Services to infringe the intellectual property rights of others.

10. Unless authorized by Elevate Beyond in writing, you may not resell or lease the Services.

11. If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Elevate Beyond has agreed with you in writing otherwise. You may not use the Services in a way that would subject Elevate Beyond to those industry-specific regulations without obtaining Elevate Beyond’s prior written agreement. 

12. You may not post or upload any Content that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords, unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.  You may not use the Services to collect, store, or process any protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA), any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of health information. 

13. You may not register accounts by “bots” or other automated methods.

14. We may offer content like images or video that are provided by third parties. You may use that material solely in your content. Elevate Beyond may modify or revoke that permission at any time in our sole discretion. In using such material, you may not imply that your content is affiliated with or run or endorsed by any company, Services, brand, or service depicted in that material unless you have obtained their permission.

15. You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Elevate Beyond will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Elevate Beyond.

16. To the extent that you use the Services to record or monitor calls or other communications, failing to comply with all applicable laws related thereto, including securing any required prior consents.

17. We will suspend any use of the Services that come to our attention that: (a) attempts to collect social security numbers, credit card numbers (other than solely for collecting payment through an authorized payment processor as permitted by the Services), passwords, or other similar types of sensitive information; (b) publishes a person’s sensitive identifying information against their wishes; (c) is intended to deceive or mislead recipients, including by linking to websites with malicious software such as malware; or (d) knowingly and artificially boosts or inflates a website or webpage’s search engine ranking.

18. You may not impersonate others when using the Services or collecting information. We don’t like username extortionists. If you create or purchase a Elevate Beyond account in someone else’s name and then try to sell that account to them, you are cybersquatting. Cybersquatting accounts are subject to immediate cancelation.

19. We remove content and may report information related to that content to law enforcement authorities if we become aware of, or believe that, a genuine risk of harm or threat to public safety exists. Our Services may not be used to directly or indirectly threaten or attack others, or to organize or incite violence, harassment, or property damage. Our Services may not be used for hate speech, or to promote or fund such acts. Examples of hate speech include attacking or advocating for the abuse or exclusion of people based on their ethnicity, national origin, political or religious affiliations, gender, sexual orientation, genetic predisposition, disability, medical or physical condition, veteran status, or any other protected classes under applicable law.

20. Our Services may not be used to promote or glorify self-harm.

21. Elevate Beyond is committed to inclusion. We are an equal opportunity organization and will not allow discrimination based upon race, color, religion, national origin or citizenship status, sex, gender identity or expression, pregnancy, sexual orientation, age, size, disability, military status, socioeconomic background, or any other status prohibited by applicable law. If you use our Services, you must be willing and able to attest that you do not discriminate on any of the above grounds in order to receive services from us. External evidence, such as negative publicity or social media, that reveals such discrimination, hate speech, or disrespectful or bullying behavior, as determined by us in our sole discretion, may be taken into consideration. We reserve the right to refuse service to anyone for any reason at any time.

22. You may not offer goods or services, or post or upload Content, that contravene or that facilitate or promote activities that contravene the laws of the jurisdiction in which you operate or do business. 

23. You may not offer goods or services, or post or upload Content, that imply or promote support or funding of, or membership in, a terrorist organization.

24. You may not offer goods or services, or post or upload Content that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner, or asking for personally identifiable information.

25. You may not offer goods or services, or post or upload Content that is defamatory, obscene, indecent, offensive, abusive, or otherwise objectionable.  You may not include pornographic or gratuitously graphic violent material.

26. We require that all our users respect the intellectual property rights of others. You must have the appropriate rights to any Content you use or include through the use of our Services.  

We reserve the right to remove any Content, suspend, or terminate your account without prior notice if you are found to be engaging in activities that go against our policies, even if they are unrelated to your use of the Services. While we are not obligated to do so, we may monitor and investigate any Content or your use of the Services to ensure compliance with our terms and any agreements between you, Elevate Beyond, or related parties. Our decision on whether a violation has occurred will be final, and we hold the discretion to take action or not in enforcing this policy or any other terms. 

9. Suspension and Termination of Services  

9.1. By You.  You can terminate your Subscription and delete your account at any time through your account management page if applicable on any given platform, or you can do so by writing us at [email protected]. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Services, unless the termination is due to our material, uncured breach or a refund is required by law. If you cancel a monthly or annual payment, or you choose not to renew, please note that you will lose all access to the content, bonuses, websites, membership areas, and community associated with that monthly or annual offer.  

9.2. By Elevate Beyond.  Elevate Beyond may terminate your Subscription for any reason at the end of a billing cycle by providing at least 30 days’ prior written notice to you and you will not be charged for the next billing cycle. Elevate Beyond may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. Elevate Beyond may immediately suspend performance or terminate your Subscription if you have materially breached these Terms, in our sole discretion, and failed to cure that breach within 30 days after we have notified you in writing of such breach. Additionally, Elevate Beyond may immediately limit, suspend, or terminate the Services to you: (i) if, in our sole discretion, you fail to comply with these Terms; (ii) if, in our sole discretion, you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where Elevate Beyond may decide that we need to take immediate action without notice. Elevate Beyond will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Elevate Beyond has no obligation to retain your Content upon termination of the applicable Service.  

9.3. Further Measures.  If Elevate Beyond decides to discontinue offering the Services to you due to repeated or serious violations of these Terms, they have the right to take actions to prevent you from accessing the Services further, such as blocking your IP address.

10. App Stores.

When you use our app(s) linked to our Services, you understand and accept that its availability relies on the third party that granted you the license for the application, such as the Apple iPhone or Android app stores (referred to as the "App Store"). It's important to note that the agreement is between you and Elevate Beyond, not with the App Store. Elevate Beyond takes full responsibility for our Services, including the Application, its content, upkeep, support services, warranties, and handling any related claims (like liability, legal issues, or intellectual property matters). To use the Application, you need to be connected to a wireless network and agree to cover any associated fees. Additionally, you are responsible for any charges imposed by the App Store for using Elevate Beyond, including the Application. Your use of the Application is subject to all relevant third-party agreements (such as the App Store's terms and policies), and your license depends on your compliance with these terms. It's worth noting that the App Store (and its affiliated companies) are third-party beneficiaries of these terms and have the authority to enforce them.  

11. Changes and Updates

11.1. Changes to Terms.  You understand and agree that Elevate Beyond reserves the right to modify these Terms for various reasons, such as complying with new laws or updating our Services to include new features. The latest version will always be available on our website in the Legal and Policy center. In case of significant changes, as determined by Elevate Beyond, we may inform you through email, website notification, or when you log into your account. These changes will take effect no earlier than the day they are publicly announced and will apply to all use of the Services from that point onward. However, any alterations to the dispute resolution terms will not affect ongoing disputes that were already known to both parties before the change was made. If you do not agree to any updated Terms, please discontinue using the Services, as your continued use indicates your acceptance of the revised terms.  

11.2. Changes to the Services and Services.  We're always working on enhancing and updating our Services here at Elevate Beyond. This means that we might introduce new features, make changes to existing ones, or even remove some functions without prior notice. In some cases, we may need to limit, suspend, or stop providing a Service altogether based on our judgment. If we do have to discontinue a Service, we'll do our best to let you know in advance so you can retrieve your Content. While we aim to notify you before removing any content that significantly affects you, there may be instances where we have to act swiftly in the best interest of all users. Additionally, for our live events such as seminars and shows, we reserve the right to adjust dates, locations, accommodations, and other details to ensure a safe and top-notch experience for all attendees, without offering refunds.

11.3. Downgrades.  If you decide to switch to a lower account plan, you might end up losing some of the content, features, functions, or storage space available on your account.  

12. Disclaimers and Limitations of Liability 

12.1. Disclaimers.  At Elevate Beyond, we aim to ensure that your experience with our Services is top-notch because making our customers happy is our priority. However, there are some aspects of our Services that we can't guarantee. While we do our best to keep our Services running smoothly, there may be times when they are temporarily unavailable due to various reasons. Occasionally, we may introduce new services, beta features, or tools for users to try out and experiment with. These experimental features are provided without any warranties and may be changed or stopped at our discretion.   

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY INFORMATION, GUIDANCE, TOOLS, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND ELEVATE BEYOND DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.  

In our content, you'll find valuable insights and recommendations tailored for businesses. We steer clear of the quick-fix mentality of "get rich" schemes and instead champion the values of hard work, adding genuine value, crafting a solid professional path, and consistently serving others with excellence. Our programs demand dedication and discipline, mirroring the effort required in any worthwhile pursuit or professional development endeavor. Before joining our programs, it's important to note that we seek individuals committed to genuine personal and professional growth, rather than those expecting instant wealth without effort. Our aim is to work with dedicated individuals who are eager to contribute positively to their own development and to the advancement of society. It's essential to understand that we adhere to legal regulations which prevent us from promising specific outcomes or financial gains through our concepts, resources, or methods. Ultimately, your achievements are determined by your own actions and decisions. Does this align with your understanding? Please be aware that all the services provided by our company and our partners are intended solely for educational and informational purposes. It's important to note that nothing within our services should be taken as a guarantee of specific outcomes or future earnings, and we do not provide legal, medical, tax, or any other professional advice. Any financial figures mentioned in our financial or business-related materials are meant to illustrate concepts and should not be interpreted as typical earnings, exact figures, or assurances of future performance. Please keep in mind that when making decisions based on the business information provided in our Services, there is a possibility of encountering risks or losses similar to any entrepreneurial venture. It is advisable to exercise caution and seek advice from your accountant, lawyer, or a professional advisor before taking any action based on this information, especially if it relates to changes in your lifestyle, business, or finances. You bear sole responsibility for your choices, actions, and outcomes in life. By registering here, you agree not to hold us accountable for any decisions, actions, or results, regardless of the time or circumstances.   

12.2. Exclusion of Certain Liability.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, ELEVATE BEYOND, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ELEVATE BEYOND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.   

12.3. Limitation of Liability.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF ELEVATE BEYOND, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO ELEVATE BEYOND FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.    

12.4. Consumers.  We understand that in some places, there are laws that protect consumers' rights, which cannot be disregarded or waived through contracts. If you fall into this category, please know that these Terms do not diminish any of your rights as a consumer. 

13. Indemnification  

13.1.  General.  You are responsible for all your Content and interactions with other Elevate Beyond users. You agree to protect and not hold Elevate Beyond and its affiliates, officers, agents, teachers, providers, and employees accountable for any claims, damages, or costs that arise from a third party relating to (a) your use of the Services or those connected to you, (b) any violation of these Terms or laws by you, your users, or your Content, websites, mobile apps, or business, or (c) any disputes between you and a third party. 

As a user of Elevate Beyond Services, it's important to remember that you're in charge of your communications and interactions with other users, whether it's on our app or community sites. It's worth noting that Elevate Beyond doesn't actively screen, verify, or endorse any posts made by other users on our platforms. 

It's important to understand that the information you find on our Services, whether it's from livecasts, videos, blogs, message boards, text files, or chats, is not a substitute for professional advice in areas like finance, medicine, psychology, therapy, or law. For your physical and mental well-being, it's crucial to consult a qualified professional, especially if you have symptoms that need medical attention. We can't guarantee the effectiveness or safety of any treatments or advice shared on our platform. We, along with our partners, take no responsibility for any outcomes, be it financial loss, injury, illness, or worse. Ultimately, you are in charge of your decisions and their consequences, and by using our Services, you agree not to hold us accountable for any results that may arise.  

13.2.  Intellectual Property.  You agree to protect Elevate Beyond and its associated parties, including officers, agents, licensors, and employees, from any liabilities, damages, or expenses (including settlement fees and fair attorney charges) that may arise from a third party asserting that your Content violates or unlawfully uses their intellectual property rights. You also agree to cover any costs related to an unfavorable court ruling or settlement.  

13.3.  Process.  We aim to promptly inform you in writing about any claims, allow you to manage the defense and resolution of the claim, and collaborate with you reasonably during this process. Under no circumstances should you agree to any settlement that involves us without obtaining our written approval.  

14. Resolving Disputes; Arbitration Agreement; Governing Law.  

14.1.  Resolving Disputes.  If you have a concern, we want to first try to address it without needing a formal legal case. Before filing a claim against Elevate Beyond, you agree to try to resolve the dispute informally by contacting legal@Elevate Beyond.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, or another duration Elevate Beyond determines, you or Elevate Beyond may bring a formal proceeding.  

14.2.  Judicial Forum for Disputes. You and Elevate Beyond have agreed that any legal proceedings related to these Terms or the Services will be conducted in San Juan, Puerto Rico, as per the mandatory arbitration rules outlined below. Both parties willingly accept the jurisdiction and venue of these courts. If you are residing in a country, such as a member state of the European Union, where consumer laws allow disputes to be resolved in local courts, this provision does not override those rights.   

14.3.  Mandatory Arbitration Provisions.  IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:  

We Both Agree to Arbitrate. You and Elevate Beyond agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

Opt-out of Agreement to Arbitrate.  You can decline this agreement to arbitrate within 30 days of first registering your account by contacting us at legal@Elevate Beyond.com.

Arbitration Procedures.  The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, or any other location we agree to, in person or virtually.  The AAA rules will govern payment of all arbitration fees. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.

Exceptions to Agreement to Arbitrate.  Either you or Elevate Beyond may assert claims, if they qualify, in small claims court in any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of San Juan Puerto Rico to resolve your claim.  

NO CLASS ACTIONS.  When resolving disputes with us, it's important to do so on an individual basis. This means you cannot file a claim as a plaintiff or as part of a class action, consolidated action, or representative action. Class arbitrations, class actions, private attorney general actions, and combining your case with other arbitrations are not permitted. If this particular paragraph is found unenforceable, the entire section on "Mandatory Arbitration Provisions" will be considered void.  

14.4.  Governing Law.  These Terms, will be governed by U.S. law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

15. Other Terms  

15.1.  Assignment.  You cannot transfer these Terms or your rights to use our Services without getting written permission from Elevate Beyond. We have the right to decide whether or not to give this permission. On the other hand, Elevate Beyond can transfer these Terms whenever they want, without having to inform you in advance.  

15.2. Entire Agreement.  The Terms found in our Legal and Policy Center, along with any other policies, form the complete agreement between you and Elevate Beyond. They take precedence over any previous or current agreements, whether written or spoken, regarding their subject matter.   

15.3. Independent Contractors.  Our connection with Elevate Beyond is based on being independent contractors, rather than legal partners, employees, or agents of one another. It's important that you accurately represent this relationship and refrain from suggesting that we endorse, sponsor, or support you or your business in any way. Any implications of a formal relationship or affiliation between us should be avoided.  

15.4. Interpretation.  The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.  

15.5. No Waiver.  If a party does not act on or takes time to enforce a rule in these Terms, it doesn't mean they have given up the right to enforce it later on.  

15.6. Severability.  In case a court of law finds any part of these Terms to be unenforceable, that specific provision will be removed, but the rest of the terms will still be valid and effective.  

15.7 Third Party Beneficiaries.  There are no third party beneficiaries to these Terms.  

15.8 Survival.  The following sections will survive the termination of these Terms: 1, 2.2, 3, 10, 12, 13, 14, and 15.‍

15.9 Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.  

Contact: Email anytime at [email protected].   

Copyrights 2024 | Elevate Beyond LLC | TERMS & CONDITIONS