TERMS AND CONDITIONS FOR ELEVATE YOUR WEALTH, LLC AND ITS AFFILIATES

 

            ELEVATE YOUR WEALTH, LLC is a website, mobile application, and various other brands and services operated by ELEVATE YOUR WEALTH, LLC, an Arizona limited liability company and its affiliates (ELEVATE YOUR WEALTH, LLC and its affiliates are sometimes hereinafter referred to as “EYW”).  Your use and/or access to EYW’s various brands and websites is conditioned upon your acceptance of these Terms and Conditions for EYW and its Affiliates (these “Terms”).  Accordingly, you agree to these Terms by virtue of your use of any of the EYW mobile applications, services and websites that refer and/or link directly to these Terms, including without limitation elevateyourwealth.today and all its subdomains, as well as any other brands associated with EYW (the EYW mobile applications, the EYW Privacy Policy, and all other services and websites that refer and/or link to these Terms, and all other associated brands, are hereinafter collectively referred to as the “Services”).  You also agree to be bound by all future iterations and amendments to these Terms.  You and EYW may hereinafter be referred to as the “Parties”, or individually as a “Party”.

 

By using any of the Services, you also agree to the terms set forth in any modifications and/or amendments to these Terms, all of which are hereby incorporated herein by this reference.  Please carefully review all of these Terms and any amendments or supplements thereto, as these set forth important content regarding your obligations and rights when using the Services. 

 

These Terms shall not restrict the application of additional terms that may apply and which are disclosed to you when registering for another service not mentioned herein, or with regard to promotions and special offers.  Those terms shall also become part of your agreement with EYW if you elect to use the services associated with such terms.

 

Please contact us in the event you have any questions about these Terms or our Services.

           

  1. Eligibility for Use of the Services.

 

The term “Users” as set forth in these Terms means (a) all guests, whether registered or unregistered, paying or not paying; and (b) subscribers.  If you create an account to use or access the Services, you must provide complete, accurate and updated information upon registration.  Everyone between the ages of 13 and 18 may use the Services with parental or guardian permission.  Those 12 years of age and younger are ineligible to use the Services. 

 

We will not knowingly seek or collect Personal Data (as hereafter defined) from children age 12 and younger.  If we become aware that we have unknowingly collected any such Personal Data from a child 12 years of age or younger, we will take commercial reasonable efforts to eliminate such data from our system. 

 

  1. Prohibited Use and Intellectual Property.

 

            All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is the exclusive property of EYW and protected by U.S. and international copyright laws. Any software used on this site is the property of EYW or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource for the purchaser’s educational purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

 

www.elevateyourwealth.com is a trademark of EYW. The name “Elevate Your Wealth” and other graphics, logos and service names are trademarks of EYW. EYW’s trademarks may not be used in connection with any product or service that does not belong to EYW, in any manner that is likely to cause confusion among customers, and/or in any manner that disparages or discredits EYW.By using and/or accessing the Services, you acknowledge, warrant, covenant and agree that:

  • by using and/or accessing the Services, you are receiving a personal, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.
  • You will not use the Services for any unlawful purposes or any purpose that conflicts with these Terms.
  • You will not overburden the Services with your content or activity, or interfere with anyone else’s use and enjoyment of the Services.
  • Unless expressly stated elsewhere herein, all content included as part of the Services is the property of EYW or its suppliers/vendors and protected by copyright and other laws pertaining to intellectual property and proprietary rights.
  • You will not violate any copyrights, trademark rights, intellectual property rights, or proprietary rights of EYW or any other Users, or otherwise violate these Terms with respect to such rights.
  • The content contained or used in connection with the Services is not for resale.
  • You will use the content solely for your personal use and will not make any other use of the content without the express written permission of EYW.
  • EYW does not grant you any licenses, express or implied, to the intellectual property of EYW or EYW’s licensors except as expressly authorized by these Terms.
  • You will not use the Services for advertising, promotions, junk mail, spam, chain letters, or other forms of solicitation.

 

  1. Purchases and Termination

 

Prices and terms for the Services may change at any time, although the price and terms in place when you made your initial purchase will stay in effect for the duration of the applicable period. New prices and terms may, however, apply to new purchases.  Upon purchasing the online course, you will have access to all videos in accordance with these Terms until termination or revocation of your license to use the same.

 

  1. Termination or Suspension of Accounts

 

EYW reserves the right to terminate your access to the Services at any time without notice if EYW determines in its sole discretion that you have violated these Terms or if EYW ceases providing the Services on the Website.  EYW may also suspend your account at any time without notice, in EYW’s sole discretion, if EYW believes you have violated these Terms.  In the event of termination or suspension, the license for use of the course will be automatically revoked and no refund will be issued.  Upon termination, and during any period of suspension, you may not directly or indirectly establish a separate account, use or access the Services.

 

  1. Warranty

 

EYW and/or its suppliers do not and have not made any representations or warranties concerning the Services, their condition, suitability, fitness for any User’s particular purpose, availability, accuracy, software, products, services or graphics.  You agree to use and/or access the Services in the Services’ "AS-IS" and "WHERE-IS" condition with no representations or warranties from EYW whatsoever whether or not express or implied.  You expressly acknowledge and agree that the content provided as a part of the Services is informational only, that everyone’s financial, legal and tax situations are unique and differ, and that, accordingly, no part of the Services constitutes - and EYW does not provide - financial, legal or tax advice, or any advice requiring a license.

 

  1. Limit of Liability

 

To the maximum extent permitted by law, we shall not be liable for any claims, penalties, losses, damages (including without limitation punitive, consequential, incidental, direct, indirect, special) or expenses whatsoever arising out of or related in any way to the Services.  Some jurisdictions do not permit such broad liability limits, and in such jurisdictions the broadest liability limit that is permissible shall apply.  If you are not satisfied with the Services, your sole remedy is to discontinue use of the Services.  Subject to the maximum liability protection afforded to EYW, in the event applicable law provides that EYW is liable for any reason, such liability shall be limited at most to the total fees you have paid to EYW during the 12-month period immediately preceding the event giving rise to your claim.

 

You agree that you are solely responsible for the content you upload, post, publish, transmit or modify on the Services; you are legally permitted to upload or post such content; your content and actions will comply with these Terms; you will provide all documentation EYW deems necessary to evidence your compliance with these Terms; and that EYW and other Users may use the content you upload or post in conjunction with the Services. 

 

  1. Your Indemnity

 

You covenant and agree to indemnify and hold EYW, its affiliates and subsidiaries and their respective owners, agents, employees, directors, officers, successors and assigns (the “Indemnified Parties”) harmless from any and all claims, damages, or other expenses that result from your use of the Services, your violation of these Terms, your violation of another person’s rights, and any claim related in any way to your User Content. This indemnification shall apply during and after your use and/or access to the Services.  You also release the Indemnified Parties from all debts, liabilities, claims, torts, recovery, demands, damages, losses, costs or expenses of any nature whatsoever, fixed or contingent, which are related in any way to your or our use of your User Content.

 

  1. Services Offered by Other Companies

 

By posting, uploading, or submitting any information on the Services, you grant EYW and its affiliates a sublicensable, worldwide, royalty-free license to store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such content to the extent and in the context EYW so chooses.  EYW will own the indexes it creates, and will have the right, in connection with EYW’s provision and improvement of the Services, to continue using your content even if you cease use of the Services.

 

  1. Modification of these Terms

 

EYW may, in its sole discretion, at any time make changes to these Terms and the terms under which access to the Services are offered.  The most recent version of these Terms will supersede all previous versions, unless otherwise expressly stated in these Terms.

 

  1. Prohibited Use of the Services.

 

By using and/or accessing the Services, you agree that you will not defame, harass, stalk, place under surveillance with intent to kill or injure, intimidate, abuse, threaten, engage in criminal activity, violate privacy or publicity rights, or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any information or content that is inappropriate, profane, racist, sexist, pornographic, false, misleading, fraudulent, libelous, vulgar, degrading, abusive, obscene, indecent or illegal/unlawful; upload files containing viruses or corrupted files, or any other software or program that may damage the operation of another’s computer; or advertise or offer to sell or buy any goods or services unless expressly permitted by EYW.   

 

The Services may contain real estate transaction content.  You acknowledge that you understand that it is illegal for you and/or your real estate broker to refuse to sell to or discriminate against any person because of the person's race, color, sex, religion, national origin, ancestry, age, familial status, handicap, or unfavorable discharge from military service, as those terms are defined under any applicable federal, state, county, or local statute or ordinance.

 

  1. Choice of Law, Dispute Resolution.

 

PLEASE REVIEW THIS PROVISION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO PURSUE A LAWSUIT IN COURT.

 

            The Parties agree that these Terms affect interstate commerce and that therefore the Federal Arbitration Act governs the following arbitration provisions.  If any dispute between you and EYW is not resolved within 30 days of your written notice to EYW, then you and EYW agree that the matter will be submitted to final and binding arbitration pursuant to the terms set forth in this Section of these Terms, with the exceptions that (a) you may bring a dispute in small claims court, (b) either party may bring a suit solely on the basis of infringement or misuse of intellectual property rights in the State of Arizona (without the right to a jury trial), and (c) you may bring a claim to the attention of the relevant government agency that may seek relief against EYW on your behalf. 

 

Subject to the foregoing paragraph, all disputes of every kind and nature between the Parties to these Terms shall be resolved by mediation and/or arbitration as follows:

 

Either Party may demand such arbitration in writing within a reasonable time after the dispute arises, which demand shall be submitted to the Arbitration & Mediation Center of Arizona (“AMCA”), 8700 E. Pinnacle Peak Road, Suite 221, Scottsdale, Arizona 85255 (Facsimile No. 480-585-8585) (Website: www.USAMediate.com) and shall include a statement of the matter and amount in controversy.  In no event shall the demand be made after the date when institution of legal or equitable proceedings based upon such dispute would be barred by the applicable statute of limitations.  The Parties shall be notified of the mediator/arbitrator assigned to the matter within five (5) business days from AMCA’s receipt of the demand for arbitration.  Alternatively, AMCA may provide the Parties with a list of available mediators/arbitrators from which to select, along with selection instructions, within the same five (5) business period.

 

Any mediation resolution may be enforced in a court of law.  If AMCA declines, for any reason, to arbitrate the matter, then the matter will be arbitrated by a mutually agreeable party to be identified within five (5) business days following AMCA’s decline notice.  If the Parties are unable to agree to an arbitrator, then the matter shall be submitted to the American Arbitration Association.

 

The mediation costs and expenses shall be shared by the Parties and, if and to the extent required, each Party asserting a cause of action will pay its respective share of the costs in advance of the mediation as a condition to its continuation of the prosecution or defense of the Claim.  The arbitration costs and expenses of each party shall be borne by the non-prevailing Party.

 

At the discretion of the arbitrator, the AMCA Arbitration Rules, or the Consumer Arbitration Rules of the American Arbitration Association, then in effect, where not in conflict with this Section, shall be utilized in the arbitration hearing and the law of the evidence of the State of Arizona shall govern the presentation of evidence at such hearing.

 

Any Party, without waiving the right to arbitrate the dispute, may apply to a court having jurisdiction for provisional relief, writs, attachments or injunctions that may not be available in arbitration.

 

An award rendered by the arbitrator appointed under and pursuant to these Terms shall be final and binding on all parties to the proceedings, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.  To that end, the arbitrator shall have the right to render decisions with regard to all remedies that would otherwise be available at law or in equity to the Parties and the arbitrator shall have jurisdiction over all matters of fact and law necessary to render a decision.

 

Should a dispute arise as to whether or not any dispute arising under the terms of these Terms is subject to this arbitration provision, the matter shall be decided by arbitration in the same manner and with the same effect as all disputes arising out of these Terms.  If the dispute proceeds to arbitration, the arbitrator shall have jurisdiction over all matters of fact and law necessary to render a decision.

 

To the extent permitted above, the Parties hereby irrevocably submit to the process, jurisdiction, and venue of the courts of the State of Arizona. Maricopa County, and to the process, jurisdiction and venue of the United States District Court of Arizona, for purposes of such action arising out of or relating to these Terms. Without limiting the generality of the foregoing, the Parties hereby waive and agree not to assert by way of motion, defense or otherwise in any such suit, action or proceeding any claim that any such Party is not personally subject to the jurisdiction of the above-named courts, that suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper.

 

EYW will provide 30 days’ notice of any changes affecting the substance of this section by posting notice of modifications to these Terms, notifying you via a message in the Services, or otherwise notifying you.  Such changes will become effective 30 days after they are posted on the Services or sent to you.  If a court or arbitrator determines that this paragraph is unenforceable, then this paragraph will be severed from this section and the court or arbitrator will apply the first Choice of Law, Dispute Resolution section in existence at the time you began using the Services.

 

  1. No Class Actions.

 

You and EYW agree that any arbitration or lawsuit under these Terms will take place on an individual basis, and that class arbitrations and class/representative/collective actions are not permitted.  YOU AND EYW AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY INDIVIDUALLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER PARTY.  Further, unless you and EYW agree otherwise, one person’s claims may not be consolidated with another’s, and the arbitrator or judge may not otherwise preside over any form of a representative or class proceeding.

 

  1.  Invalid Provisions.

 

If, after the date of these Terms, any provision hereof is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of these Terms, such provision will be fully severable and the remainder of the Agreement will remain valid and enforceable and not affected thereby.  Notwithstanding anything herein to the contrary, we may replace any unenforceable provision in these Terms with a similar provision that is enforceable.

 

  1.  No Waiver by EYW. Any delay on the part of EYW in exercising any of EYW’s rights, powers, or privileges hereunder shall not operate as a waiver of such rights, powers, or privileges, and no single or partial exercise of any right, power, or privilege shall preclude other or further exercises thereof or be deemed to establish a custom or course of dealing or performance between the parties hereto, or preclude the exercise of any other of EYW’s rights, powers, or privileges.

 

  1.  Cookies.

 

In connection with the Services, EYW uses cookies (i.e. small text files used to identify and differentiate between different Users) in order to improve and maintain functionality of the Services, monitor and prevent fraud, establish customized preferences for individual Users and provide advertising.  EYW uses first-party cookies placed by EYW, as well as third-party cookies places by entities other than EYW.  You can manage these cookies within the browsers EYW supports, and you may contact us directly by email to opt-out of the use of cookies in connection with the Services.

 

  1.  Free and Voluntary.

 

You acknowledge that you have read and fully understand all provisions of these Terms and that you have entered into these Terms freely and voluntarily, and that you have had the opportunity to review these Terms with the legal counsel of your choosing.

 

  1.  Captions and Headings.

 

The headings set forth herein are inserted for convenience of the Parties only, and shall not be used to interpret or construe or in any way affect the meanings of the terms and provisions of these Terms.

 

  1.  Contact Us.

 

You may contact EYW regarding questions or comments and these Terms at:

 

ELEVATE YOUR WEALTH, LLC

4417 N. 40th Street, Suite 300C

Phoenix, AZ, 85018   

Email: [email protected]

           

 

  1.  Entire Agreement.

 

These Terms sets forth the entire agreement among the Parties hereto, and supersede any prior agreements we may have relating to the Services.

 

  1.  Assignment.

 

There are, and shall not be, any third-party beneficiaries to these Terms.  EYW may assign and/or transfer its rights and obligations under these Terms, in its sole and absolute discretion.  You may not assign or transfer any of your rights or obligations under these Terms, as these Terms are personal to you.   

 

  1.  Authorization.

 

You represent and warrant that you have the sole right and exclusive authority to enter into these Terms on your own behalf.

 

  1.  No Joint Venture.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EYW by virtue of your use of and/or access to the Services.

 

  1.  Fair Credit Reporting Act.

 

EYW is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information accessible on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA.  YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT). 

 

You may not use EYW to establish anyone’s eligibility for credit or insurance, assess the risk associated with anyone’s existing consumer credit obligations, or evaluate anyone for employment.

 

  1.  Construction.

 

As used in these Terms, the masculine, feminine or neuter gender and the singular or plural numbers shall each be deemed to include the other whenever the context so requires. 

 

Effective date of these Terms: May 27, 2024.