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If you agree to be bound by the terms of this Agreement, you should check the box indicating your agreement to the terms of this Agreement on the registration page for the Service. If you do not agree to be bound by the terms of this Agreement, you should not check the box but you will not be able to proceed with the registration process for the respective Service and become a subscriber. To the extent you have access to, or are using, a Service without having completed our registration process, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained in Section 7 below.
1. Changes to Subscriber Agreement
We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated" or similar words). By using the Service after changes are made to this Agreement you signify that you agree to be bound by such changes.
2. Privacy and Your Account
3. Fees and Payments
You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. No refunds or credits are available for higher fees paid should the pricing model change in the future. Unless you have paid by check, we will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription and on the date of any renewal period..DISCOUNT CODES ARE ONLY FOR THE FIRST YEAR OF A MEMBERSHIP. RENEWALS ARE AT THE THEN CURRENT PUBLISHED MEMBERSHIP RATE UNLESS A NEW DISCOUNT CODE IS PRESENTED. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future or for other members claiming the same reason for a refund or credit. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel.
4. Term, Cancellation and Renewal
4.1 Term and Renewal. This Agreement shall remain in full force and effect while you use the Services. Unless you have paid by check, your subscription will renew automatically until it is cancelled in accordance with this Section. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card unless you pay by check. If you wish to cancel your annual subscription, we will provide a full refund so long as you notice us of your desire to cancel within 30 days after the renewal / charge date by contacting us at www.elevatebenefits.com/contact.
4.2 You are purchasing an annual subscription. By logging in as a registered user you immediately gain access to audience and content that will aid you in positioning and growing your business and is deemed sufficient value for the term of the subscription you have purchased. Elevate Benefits does not represent or warrant that you will be found in search results, receive inquiries or requests for proposals from employers or win new business by using the system. REGARDLESS OF PAYMENT FREQUENCY ANNUAL MEMBERSHIPS AND NON-REFUNDABLE AND NON CANCELLABLE. ANY REFUNDS OR SERVICE EXTENSIONS ARE AT THE SOLE DISCRETION OF ELEVATE BENEFITS.
5. Availability of Service through our marketing partners, other Platforms; Third Party Payment Services.
5.1 If you access a Service through third party platform, the applicable End User License Agreement other conditions may apply in addition to the terms of this Agreement and you agree that you are subject to Terms and Conditions of the Third Party.
5.2 If your Subscription has been paid for in all or in part by one of our marketing partners all aspects of this agreement are in full force, and you agree you all Terms and Conditions associated with this agreement as if you had purchased the Membership yourself.
6. Free Users
If you access a Service without paying or registering (e.g., as part of a free trial OR if you have received the membership as a free gift as part of a business promotion from one of our partners, you are hereby notified that all of the terms and conditions of this Subscriber Agreement except the section labeled "Fees and Payments" and "Cancellation and Renewal" apply to your use and access of the Service.
7. Limitations on Use.
7.1 Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.
7.2 The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the "Content") available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your coworkers.
7.3 Additional Restrictions on Use of the Content.
7.3.1 You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.
7.3.2 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
7.3.3 As a general rule, you may not use the Content, including without limitation, any Content made available through an Elevate Benefits RSS Feeds, in any commercial product or service, without our express written consent.
7.3.4 You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service.
7.3.5 Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.
7.3.6You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.
7.4 You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.
7.5You agree not to sign up as a Member type not pertaining to your membership. For example, Partners should not sign up as Employers or Brokerss. It is assumed this is to gain information about other Partners members and we ask you not use the site for this purpose. If you would like information about the user experience for other audiences, please contact us at www.elevatebenefits.com.
8. User Generated Content.
8.1 We may remove any User Generated Content for any reason and without notice to you. This includes any material on your broker listing we deem inappropriate, any materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
8.2 Copyright Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
9. Additional Terms Applicable to using our Services
Elevate Benefits offers a variety of components of the service experience (“Member Benefits”) such as invitations to webinars, special events, and special offers from our partners. Any third parties involved in hosting such events, providing such special offers are referred to as “Partners”.
These events, offers, and other benefits are subject to change and/or cancellation at any time at the sole discretion of Elevate Benefits.
Under no circumstances shall we be responsible for any loss or damage resulting in any way in connection with Elevate Benefits LLC without limitation, any Member Benefits available via our services, attendance at an event organized through Elevate, from participation in a bidding process using our RFP service, or from the conduct of any other Elevate Members or customers, whether online or offline. For additional disclaimers and limitations on liability regarding the Member Benefits, please review Section 13 below.
10. Partner Products, Services, Offers and Websites
10.1 Elevate Benefits enables insurance companies, Benefits and HR services providers, and other miscellaneous Businesses (Partners) to post advertisements, business listings, content and special offers on our website that are made available to Subscribers, as well as links to their own websites. We have revenue share agreements with some of our Partners whereby Elevate received compensation when a paid member, free member, or visitor to our site buys products and services from the Partner. While we enable Partners to display their products, services, and content on our site, and may have a referral fee arrangement with them, we do not verify, endorse, or have any responsibility for Partner Services or Partner Offers and any third party or Partner business practices (including, without limitation, their privacy policies), whether the Services' or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. THIS INCLUDES ALL PARTNERS IN THE ADVISOR ARSENAL AND ANY ADVERTISING AREAS, DIRECTORY LISTINGS AND CONTENT AREAS ON ANY ELEVATE BENEFITS RELATED WEBSITE. We do not verify, endorse, or have any responsibility for Partner Services or Partner Offers and any third party or Partner business practices (including, without limitation, their privacy policies), whether the Services' or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. THIS INCLUDES ALL PARTNERS IN THE ADVISOR ARSENAL AND ANY ADVERTISING AREAS, DIRECTORY LISTINGS and CONTENT AREAS ON ANY ELEVATE BENEFITS RELATED WEBSITE. ANY BUSINESS YOU CONDUCT WITH ANY OF OUR PARTNERS IS STRICTLY AT YOUR OWN DISCRETION AND YOU ASSUME AND ALL RISKS ASSOCIATED WITH TRANSACTIONS YOU MAY CONTEMPLATE OR ARE PARTY TO.
Your use of any Partner websites, content, data, information, applications, goods, services or materials does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on our part or on the part of our Partners.
11. Broker Communications
Elevate enables brokers to contact and research Partners like you using our site. We do not assume any risk or liability for a Partner’s failure to establish relationships with brokers or ,employers win business, or from your communication using the system. Brokers and Employers can chose to communicate and connect with you, or, cease communications with you at any time, at their sole discretion.
12. CHANGES TO SITE FUNCTIONALITY
Elevate reserves the right to change the functionality of the service without limitation. This includes changes to the search algorithms used to determine whether your firm appears, or does not appear in a given search. It is our desire to provide the optimal experience for users, and changes to the search algorithm may be necessary to ensure our audience is presented with quality choices and information.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, TOOLS, MEMBER BENEFITS THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT AND CANNOT GUARANTEE YOU WILL RECEIVE ANY BRAND IMPRESSIONS, BE ADDED A FAVORITE, RECEIVE RFPs, GET INQUIRIES OR WIN NEW BUSINESS FROM THE USE OF THE SERVICE.
WE DO NOT PROVIDE BENEFITS CONSULTING ADVICE OR ADVOCATE FOR THE SALE OF ANY SPECIFIC PRODUCT OR SERVICE BY EMPLOYERS, BROKERS OR ANY OTHER USERS. WHEN YOU CHOOSE TO WORK WITH, MAKE PURCHASE FROM ANY ONE OF OUR AUDIENCE MEMBERS ELEVATE BENEFITS AND ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS ("THE ELEVATE BENEFITS PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY TO YOU OR ANY OTHER PERSON OR BUSINESS AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR SUCH CONTENT, TOOLS, MEMBER BENEFITS, OTHER SERVICES OR YOUR CHOICE TO PARTICIPATE IN PARTNER OFFERS, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE ELEVATE BENEFITS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE ELEVATE BENEFITS PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
12. Agreement to Arbitrate.
12.1 The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in Fulton County in the State of Georgia. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in Section 15 below, Georgia law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of this Agreement. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
12.2 Unless you and we agree otherwise, the arbitration will take place in Fulton County in the State of Georgia.
12.3 The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
12.4 General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Georgia, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of Fulton in the State of Georgia. Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement.
13. Additional Terms and Notices.
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