Terms Of Use

These Terms of Use (these "Terms") govern your access to and use of the websites operated by Elevista LLC ("Elevista," "we," "us," "our"), including elevista.com and any related pages that link to these Terms (the "Website").

By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.

1) Who We Are and What This Covers

• These Terms apply to the Website and Website content.
• These Terms do not automatically apply to Elevista's applications, products, or services (including "Elevista Connect") unless those experiences specifically link to these Terms.
• If you sign up for a product or service, you may need to accept separate terms.

2) Eligibility

You must be at least 18 years old (or the age of majority where you live) to use the Website.

3) Changes to the Website or These Terms

• We may update the Website, stop offering parts of it, or change features at any time.
• We may update these Terms at any time by posting the updated version and changing the "Last Updated" date.
• Your continued use of the Website after changes means you accept the updated Terms.

4) Privacy

Your use of the Website is also governed by our Privacy Policy.

5) License to Use the Website

We give you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business use, only as allowed by these Terms.

6) Prohibited Uses

You agree you will not, and will not attempt to:

• Break the law or violate any third-party rights.
• Copy, scrape, harvest, or extract data from the Website using automated means (unless we explicitly allow it in writing).
• Reverse engineer, decompile, or attempt to discover source code for the Website (except to the limited extent allowed by law).
• Interfere with or disrupt the Website, servers, or networks.
• Bypass or disable security or access controls.
• Upload or transmit malware, spyware, or any harmful code.
• Impersonate any person or entity or misrepresent your affiliation.
• Use the Website to send spam, phishing attempts, or unsolicited communications.
• Use the Website to build or train competing products using our content, branding, or materials.

We may suspend or block access to the Website for any prohibited use.

7) Content and Intellectual Property

Our Content

The Website and all content on it (including text, graphics, logos, UI, designs, audio, video, and code) are owned by Elevista or our licensors and are protected by intellectual property laws.

Except for the limited license in Section 5, you do not get any rights to our content.

Trademarks

"Elevista" and our logos are trademarks of Elevista. You may not use our trademarks without our prior written permission.

8) User Submissions

If you submit content through the Website (such as contact forms, feedback, or demo requests) ("Submissions"):

• You represent you have the rights to submit it.
• You grant Elevista a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute the Submission for business purposes, including improving our products and services.
• Do not submit confidential or sensitive information through Website forms.

9) Third-Party Links and Services

The Website may contain links to third-party websites or services. We do not control them and are not responsible for them. Your use of third-party sites is at your own risk and subject to their terms.

10) Disclaimers

The Website and all content are provided "as is" and "as available."

To the maximum extent permitted by law:

• We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Website will be uninterrupted, error-free, or secure.
• We do not warrant that any content is accurate, complete, or current.

11) No Professional Advice

The Website may include educational content. It is not legal, tax, financial, or investment advice. You are responsible for your decisions and should consult qualified professionals as needed.

12) Limitation of Liability

To the maximum extent permitted by law, Elevista and its affiliates, officers, employees, contractors, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of (or inability to use) the Website.

To the maximum extent permitted by law, Elevista's total liability for any claim arising out of or relating to the Website will not exceed US $100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

13) Indemnification

You agree to defend, indemnify, and hold harmless Elevista and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• your use of the Website,
• your Submissions,
• your violation of these Terms, or
• your violation of any law or third-party rights.

14) Termination

We may suspend or terminate your access to the Website at any time for any reason, including if we believe you violated these Terms.

Sections that by their nature should survive termination will survive, including Sections 7 through 18.

15) Arbitration Agreement and Class Action Waiver

15.1) Mandatory Arbitration

You and Elevista agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Website (a "Dispute") will be resolved by binding arbitration, rather than in court, except that either party may:

• bring an individual claim in small claims court if it qualifies, or
• seek injunctive or equitable relief in court for alleged misuse of intellectual property or unauthorized access to the Website.

15.2) Arbitration Procedure

• The arbitration will be administered by JAMS under its applicable rules (the "Rules"), as modified by these Terms.
• The arbitration will be conducted by a single arbitrator.
• The arbitration may be conducted by video, phone, or based on written submissions, unless an in-person hearing is required by the Rules.
• The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable.

15.3) Location and Governing Law for Arbitration

• Unless you and Elevista agree otherwise, the arbitration will take place in Middlesex County, Connecticut.
• These Terms are governed by the laws of Connecticut, without regard to conflict of law principles.

15.4) Fees and Costs

• Payment of arbitration fees will be governed by the Rules, but these Terms do not prevent either party from seeking fee shifting where permitted by law.
• The arbitrator may award any relief that a court could award on an individual basis.

15.5) Class Action Waiver

You and Elevista agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

The arbitrator may not consolidate claims or preside over any form of representative proceeding.

15.6) Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by contacting us with your name, email address, and a clear statement that you want to opt out of arbitration.

If you opt out, disputes will be handled in court under Section 16.

16) Governing Law and Venue (If Arbitration Does Not Apply)

If arbitration does not apply to a Dispute for any reason, you and Elevista agree that any such Dispute will be brought exclusively in:

• the Connecticut Superior Court, Judicial District of Middlesex, or
• the U.S. District Court for the District of Connecticut,

and you consent to personal jurisdiction and venue in those courts.

17) California Notice (If Applicable)

If you are a California resident, you may have additional rights. You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

18) Miscellaneous

• Entire Agreement. These Terms and any policies referenced (including the Privacy Policy) are the entire agreement between you and Elevista regarding the Website.
• Severability. If any provision is found unenforceable, the rest remain in effect.
• No Waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

19) Contact

Questions about these Terms: