1.1 Acceptance of the Terms of Use
These terms of use are entered into by and between You andelvelife.com ("ELVE," "we," or "us").The following terms and conditions, together with any documents they expresslyincorporate by reference (collectively, "Terms of Use"),govern your access to and use of ELVElife.com, all associated websites,mobile sites or applications, products, software and other services offered onor through the Website (the “Website”), whether as a guest or aregistered user, including all features, functionality and services offered onthe Website. These Terms of Use also govern your use of the retail and otherservices we make available on the Website (the “Services”).
BEFORE YOU START TO USE THE SERVICES. BY ACCESSINGOR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE ANDOUR PRIVACY POLICY, FOUND HERE (Privacy), INCORPORATED HEREIN BY REFERENCE, INCLUDINGTHE DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS BELOW. THESE TERMS OFUSE CONTAIN A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, ACLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION. IF YOU DO NOTAGREE, DO NOT USE THIS WEBSITE OR THE SERVICES PROVIDED THROUGH IT.
By using theWebsite and Services, you represent and warrant that:
You have reached the age of majority in the jurisdiction in which you reside; You have the right, authority, and capacity to enter into these Term of Use (on behalf of yourself or the entity that you represent) You are able to create a binding legal obligation; You have the right to provide any and all information you submit to the Website, and all such information is accurate, true, current and complete, and you will update information provided to the Website to ensure that it is accurate at all times.
1.2 Changes to the Terms of Use. We may revise and update theseTerms of Use from time to time in our sole discretion. All changes areeffective immediately when we post them, and apply to all access to and use ofthe Website thereafter. Your continued use of the Website following the postingof revised Terms of Use means that you accept and agree to the changes. You areexpected to check this page each time you access this Website so you are awareof any changes, as they are binding on you.
2. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website,and any product, service or material we provide on the Website, in our solediscretion without notice. We will not be liable if for any reason all or anypart of the Website is unavailable at any time or for any period. From time totime, we may restrict access to some parts of the Website, or the entireWebsite, to users, including registered users.
You are responsible for making allarrangements necessary for you to have access to the Website. You areresponsible for ensuring that all persons who access the Website through yourinternet connection are aware of these Terms of Use and comply with them. Toaccess the Website or some of the resources it offers, you may be asked toprovide certain registration details or other information. It is a condition ofyour use of the Website that all the information you provide on the Website iscorrect, current, and complete. You agree that all information you provide toregister with this Website or otherwise, including, but not limited to, throughthe use of any interactive features on the Website, is governed by our PrivacyPolicy, and you consent to all actions we take with respect to yourinformation consistent with our Privacy Policy.
You agree to notify ELVE immediately of any unauthorizeduse of your account or any other breach of security. We will not be liable forany loss, damages, liability, expenses or costs (including but not limited tolegal fees) that you may incur as a result of someone else using your passwordor account, either with or without your knowledge. You will be liable forlosses, damages, liability, expenses and costs (including but not limited toreasonable legal fees) incurred by ELVE or a third party due to someone elseusing your account, unless such use is due to ELVE’s willful misconduct.
3. Intellectual Property Rights
3.1 The Website and itsentire contents, features, and functionality (including but not limited to allinformation, software, text, displays, images, video, and audio, and thedesign, selection, and arrangement thereof) are owned by ELVE, its licensors,or other providers of such material and are protected by internationalcopyright, trademark, patent, trade secret, and other intellectual property orproprietary rights laws.
3.2 You are permitted touse the Website for legitimate business purposes related to your role asa current or prospective customer of ELVE. You must not reproduce, distribute,modify, create derivative works of, publicly display, publicly perform,republish, download, store, or transmit any of the material on our Website,except to:
Store copies of such materials in RAM or in your web browser's automatic cache, which may occur automatically as a result of the operation of your computer or mobile device incidental to your accessing and viewing those materials. Print a reasonable number of pages of the Website for your own personal, non-commercial use. If We provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound to our end user licensing agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.
3.3 You must not:
a. Modify copies of any materials from the Website.
b. Use any illustrations, photographs, video oraudio sequences, or any graphics separately from the accompanying text.
c. Delete or alter any copyright, trademark, orother proprietary rights notices from copies of materials from this site.
d. Access or use for any commercial purposes anypart of the Website or any services or materials available through the Website.You must not reproduce, sell or exploit for any commercial purposes any part ofthe Website, access to the Website or use of the Website or any services ormaterials available through the Website.
3.4 If you wish tomake any use of material on the Website other than that set out in thissection, please address your request to: support@elvelife.com. Sending arequest for use of material does not automatically confer approval of yourrequest. We reserve all rights with respect to any request for use of thecontent on the Website.
3.5 If you print, copy,modify, download, or otherwise use or provide any other person with access toany part of the Website in breach of the Terms of Use, your right to use theWebsite will stop immediately and you must, at our option, return or destroyany copies of the materials you have made. No right, title, or interest in orto the Website or any content on the Website is transferred to you, and allrights not expressly granted are reserved by ELVE. Any use of the Website notexpressly permitted by these Terms of Use is a breach of these Terms of Use andmay violate copyright, trademark, and other laws
3.6 Trademarks
The ELVE name, the term “ELVE”, ELVE logo, and all relatednames, logos, product and service names, designs, and slogans (together, the “Marks”)are trademarks of ELVE or its affiliates or licensors. You must not use suchmarks without the prior written permission of ELVE. All other names, logos,product and service names, designs, and slogans on this Website are thetrademarks of their respective owners.
4. Prohibited Uses
4.1 You may use theWebsite only for lawful purposes and in accordance with these Terms of Use. Youagree not to use the Website:
a) In any way that violates any applicable federal,state, local, or international law or regulation (including, withoutlimitation, any laws regarding the export of data or software to and from theUS or other countries).
b) For the purpose of exploiting, harming, or attempting toexploit or harm minors in any way by exposing them to inappropriate content,asking for personally identifiable information, or otherwise.
c) To send, knowingly receive, upload, download, use,or re-use any material that does not comply with the Content Standards set outin these Terms of Use.
d) To transmit, or procure the sending of, anyadvertising or promotional material without our prior written consent,including any "junk mail," "chain letter,""spam," or any other similar solicitation.
e) To impersonate or attempt to impersonate ELVE, an ELVEemployee, another user, or any other person or entity (including, withoutlimitation, by using email addresses or screen names associated with any of theforegoing).
f) To engage in any other conduct that restrictsor inhibits anyone's use or enjoyment of the Website, or which, as determinedby us, may harm ELVE or users of the Website, or expose them to liability.
g) To launch any third party attack, hack, penetration,denial of service attack, or breach of any third party website, service orinternet asset.
h) Use the Website in any manner that could disable,overburden, damage, or impair the site or interfere with any other party's useof the Website, including their ability to engage in real time activitiesthrough the Website.
i) Use any robot, spider, or other automaticdevice, process, or means to access the Website for any purpose, includingmonitoring or copying any of the material on the Website.
j) Use any device, software, or routine thatinterferes with the proper working of the Website.
k) Introduce any viruses, Trojan horses, worms,logic bombs, or other material that is malicious or technologically harmful.
l) Attempt to gain unauthorized access to,interfere with, damage, or disrupt any parts of the Website, the server onwhich the Website is stored, or any server, computer, or database connected tothe Website.
m) Attack the Website via a denial-of-serviceattack or a distributed denial-of-service attack.
n) Otherwise attempt to interfere with theproper working of the Website.
5. UserContent
5.1 Content; User Content. The Website may containmechanisms to provide truthful and accurate reviews of our products, and otherinteractive features (collectively, "Interactive Services")that allow users to post, submit, publish, display, or transmit to other usersor other persons (hereinafter, "post") content or materials(collectively, "User Content") on or through the Website. AllUser Content must comply with the content standards set out in Section 5.5. AnyUser Content you post to the site will be considered non-confidential andnon-proprietary. You represent and warrant that you own or control all rightsin and to the User Content and have the right to grant the license grantedabove to us and our affiliates and service providers, and each of their and ourrespective licensees, successors, and assigns. You assume all risks associatedwith use of your User Content, including any reliance on its accuracy,completeness or usefulness by others, or any disclosure of your User Contentthat personally identifies you or any third party. You acknowledge and agreethat you are responsible for any User Content you submit or contribute, andyou, not ELVE, have full responsibility for such content, including itslegality, reliability, accuracy, and appropriateness.
5.2 Representations. You affirm, represent, and warrantthat you own or have the necessary licenses, rights, consents, and permissionsto publish User Content you submit. You further agree that User Content yousubmit to the Website will not contain third party copyrighted material, ormaterial that is subject to other third party proprietary rights, unless youhave permission from the rightful owner of the material or you are otherwiselegally entitled to post the material and to grant us all of the license rightsgranted herein. We do not permit copyright infringing activities andinfringement of intellectual property rights on the Website, and we will removeall User Content if properly notified that such User Content infringes onanother’s intellectual property rights. We reserve the right to remove UserContent without prior notice. By using the Website, you expressly agree not touse, reproduce, modify, adapt, edit, translate, publicly display,telecommunicate or perform, post, upload to, transmit, distribute, store,create derivative works from or otherwise publish throughout the world, in anymedia, now known or hereafter devised, on or through the Website any of thefollowing:
a) User Content that is indecent, profane (including maskedprofanity where symbols, initials, intentional misspellings or other charactersare used to suggest profane language), obscene, pornographic, abusive,inflammatory, untrue, misleading, illegal, invasive of privacy or publicityrights, libelous, slanderous or defamatory. WE DO NOT TOLERATE USERS HARASSING,THREATENING, DISCRIMINATING OR EMBARRASSING OTHER USERS, INCLUDING HARASSMENTOR DENIGRATION BASED ON AGE, GENDER, RACE, RELIGION, NATIONAL ORIGIN, SEXUALORIENTATION OR DISABILITY, MARITAL STATUS OR VETERAN STATUS, OR THE STALKING OFOTHER USERS;
b) User Content that contains any confidential or proprietaryinformation of any person or entity, or that otherwise violates the legalrights of any person or entity. You may not include in any User Content eitherany email addresses or telephone numbers of any person or entity, includingyour own. You may not use a false email address, impersonate any person orentity (including any other user), or otherwise mislead as to the origin ofyour User Content;
c) User Content that is unrelated to the topic or context inwhich such Content is posted, or that, in the sole judgment of ELVE,contravenes the above, is otherwise objectionable or inappropriate, or whichrestricts or inhibits any other person from using or enjoying the Service, orwhich may expose ELVE or its affiliates or its users to any harm or liabilityof any type.
5.3 User ContentDisclaimers. You understand that ELVE does not prescreen User Content andis not responsible for examining or evaluating any User Content offered throughthe Website, including without limitation, their accuracy, usefulness, orsafety, or for determining whether the party offering the User Content hasobtained all required rights to do so. We do not endorse any User Contentsubmitted to the Website by any user, or any opinion, recommendation, or adviceexpressed therein, and we expressly disclaim any and all liability inconnection with User Content. ELVE takes no responsibility and assumes noliability for any User Content posted, stored or uploaded by you or any thirdparty, or for any loss or damage thereto or in connection therewith, nor is ELVEliable for any mistakes, inaccuracies, infringements, defamation, slander,libel, omissions, falsehoods, obscenity, pornography or profanity you mayencounter. As a provider of interactive services, ELVE is not liable for anystatements, representations or User Content provided by its users. YOU HEREBYWAIVE ANY AND ALL STATUTORY, LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE ORMAY HAVE AGAINST COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,AFFILIATES, SUCCESSORS AND ASSIGNS WITH RESPECT TO ANY ACTION OR INACTION,INCLUDING, WITHOUT LIMITATION, ANY ACTIVITIES, USER CONTENT, ACTIONS ORINACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING,WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCTBY ANY OF THE SERVICES’ USERS OR ANY OTHER CONDUCT.
5.4 Monitoring andEnforcement; Termination.
By accessing the Website, you agree that We have theright, at ELVE’s sole discretion, to:
Remove or refuse to post any User Content for any or no reason in our sole discretion. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for ELVE. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right tocooperate fully with any law enforcement authorities or court order requestingor directing us to disclose the identity or other information of anyone postingany materials on or through the Website as Further indicated in the PrivacyPolicy.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITSAFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANYACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS ACONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAWENFORCEMENT AUTHORITIES.
We do not undertake to review all material beforeit is posted on the Website, and cannot ensure prompt removal of objectionablematerial after it has been posted. Accordingly, we assume no liability for anyaction or inaction regarding transmissions, communications, or content providedby any user or third party. We have no liability or responsibility to anyonefor performance or nonperformance of the activities described in thissection.
5.5 Content Standards. These content standards apply to anyand all User Content and use of Interactive Services. User Content must intheir entirety comply with all applicable federal, state, local, andinternational laws and regulations. Without limiting the foregoing, UserContent must not:
a) Contain any material that is defamatory, obscene, indecent,abusive, offensive, harassing, violent, hateful, inflammatory, or otherwiseobjectionable.
b) Promote sexually explicit or pornographic material,violence, or discrimination based on race, sex, religion, nationality,disability, sexual orientation, or age;
c) Infringe any patent, trademark, trade secret,copyright, or other intellectual property or other rights of any other person;
d) Violate the legal rights (including the rights ofpublicity and privacy) of others or contain any material that could give riseto any civil or criminal liability under applicable laws or regulations or thatotherwise may be in conflict with these Terms of Use and our Privacy Policy;
e) Be likely to deceive any person;
f) Promote any illegal activity, or advocate, promote,or assist any unlawful act;
g) Cause annoyance, inconvenience, or needless anxietyor be likely to upset, embarrass, alarm, or annoy any other person;
h) Impersonate any person, or misrepresent youridentity or affiliation with any person or organization;
i) Involve commercial activities or sales, suchas contests, sweepstakes, and other sales promotions, barter, or advertising;
j) Give the impression that they emanate from orare endorsed by us or any other person or entity, if this is not the case
6. Copyright InfringementClaims.
ELVE respects the intellectual property rights of others.It is our policy to respond promptly any claim that User Content posted on theServices infringes the copyright or other intellectual property rights (“Infringement”)of any person. ELVE will use reasonable efforts to investigate notices ofalleged Infringement and will take appropriate action under applicableintellectual property laws and these Terms of Use where it believes anInfringement has taken place, including removing or disabling access to theUser Content claimed to be infringing and/or terminating accounts and access tothe Website.
To notify ELVE of a possible Infringement you must submityour notice in writing to the attention of “Copyright Infringement” careof support@elvelife.com and include in your notice a detaileddescription of the alleged Infringement sufficient to enable ELVE to make areasonable determination. Please note that you may be held accountable fordamages (including costs and attorneys’ fees) for misrepresenting that any UserContent is infringing your copyright.
If we remove or disable access to User Content in responseto a notice of Infringement, we will make reasonable attempts to contact theUser who posted the affected User Content. If you feel that your User Contentis not infringing, you may provide ELVE with a counter notice in writing to theattention of “Copyright Infringement Counter Notification” at support@elvelife.com .You must include in your counter notice sufficient information to enable ELVEto make a reasonable determination. Please note that you may be heldaccountable for damages (including costs and attorneys' fees) if you materiallymisrepresent that your User Content is not infringing the copyrights of others.
If you have any questions about copyright infringement orthe notification and counter-notification process under the Digital MillenniumCopyright Act (the “DMCA”), we recommend that you speak with anattorney.
7. Terms ofSale and Online Purchases.
7.1 Order Acceptance andCancellation. You agree that your order is an offer to buy, under theseTerms of Use all products and services listed in your order. All orders must beaccepted by us or we will not be obligated to sell the products or services toyou. We may choose not to accept any orders in our sole discretion. We reservethe right at any time after receipt of your order to accept, decline, or limityour order for any reason, whether or not your credit card has been charged. Ifyour credit card has been charged and your order is canceled you will receive aprompt refund credit to your credit card account. We reserve the right at anytime after receipt of your order, without prior notice to you, to supply lessthan the quantity you ordered of any item. Acceptance of your order and theformation of the contract of sale between ELVE and you will not take placeunless and until you have received your order confirmation email.
7.2 Pricesand Payment Terms.
a) All prices, discounts, and promotions posted on the Website aresubject to change without notice. The price charged for a product or servicewill be the price in effect at the time the order is placed and will be set outin your order confirmation email. Price increases will only apply to ordersplaced after such changes. Posted prices do not include taxes or charges forshipping and handling. All such taxes and charges will be added to yourmerchandise total, and will be itemized in your shopping cart and in your orderconfirmation email. We strive to display accurate price information, however wemay, on occasion, make inadvertent typographical errors, inaccuracies oromissions related to pricing and availability. We reserve the right to correctany errors, inaccuracies, or omissions at any time and to cancel any ordersarising from such occurrences.
b) Terms of payment are within our sole discretion and, unlessotherwise agreed by us in writing, payment must be received by us before ouracceptance of an order. You represent and warrant that (i) the credit cardinformation you supply to us is true, correct, and complete, (ii) you are dulyauthorized to use such credit card for the purchase, (iii) charges incurred byyou will be honored by your credit card company, and (iv) you will pay chargesincurred by you at the posted prices, including all applicable taxes, if any.
7.3 Shipping and Delivery.Unless an item is on backorder, we strive to ship within 2 business days(withthe exception of federal holidays). If an order is placed on a weekend orfederal holiday, the order will be processed the next business day. Fororders within NCR, our standard ground delivery service generally takes 5-7business days. All orders outside of NCR and international orders areshipped within approximately 15 business days. Please note that an additionalfee may be added on international orders. Tracking information is provided forall orders. Please note that there may be delays due to ongoing disruptions inglobal logistics; please check the Shipping Notice at checkout for up-to-datefulfillment expectations.
7.4 Returns and Refunds.
a) Returns and Refunds. Except for anyproducts designated on the Website as final sale or non-returnable, including,without limitation sale itemswe will accept a return of the product for arefund of your purchase price, less the original shipping and handling costs,provided such return is made within 30 days of delivery with valid proof ofpurchase and provided such products are returned in their original condition.
i) Return Process. To initiate a return please email support@elvelife.com with the followinginformation:
1) The reason for your return. (If you’re having anissue with your product, we’d love the opportunity to correct it. If a picturewould better describe your problem, please attach it to the message. We oftenhave simple solutions for many of the problems that you may run into!)
2) Your order number and ELVE model.
3) Describe the state of the box and packaging. Hasthe box been opened or ELVE used? Have you tried to install your ELVE? (Due togovernmental regulations, we need to thoroughly inspect every returned product.This helps us understand how we will process the return).
4) Do you have any suggested improvements? (Thisquestion helps us understand how we can do better and improve any issues thatyou may have encountered.).
5) Share your tracking number with support@elvelife.comsowe can ensure your refund is processed expeditiously.
You are responsible for all shipping and handlingcharges on returned items. You bear the risk of loss during shipment. Wetherefore strongly recommend that you fully insure your return shipment againstloss or damage and that you use a carrier that can provide you with proof ofdelivery for your protection
ii) Refunds. Refunds are processed withinapproximately 7 to 10 business days of our receipt of your merchandise at ourreturn facility. Your refund will be credited back to the same payment methodused to make the original purchase on the Website.
7.5 One-Year Limited Warranty.
a) ELVEwarrants each product to be free from defects in materials and workmanship underconditions of normal use for a period of one (1) year from the date ofpurchase. This warranty is extended only to the original purchaser and is nottransferable if the original purchaser sells or otherwise transfers theproduct. ELVE may require proof of purchase to determine whether a claim fallswithin the warranty period
b) Toreport any product issues and to open a claim under the warranty, contact ELVEat support@elvelife.com. ELVE will reach out to you to attempt to helpresolve the issue.
c) If a defect covered by this warranty arises, ELVE’s obligations underthis warranty are limited to repair or replacement, at ELVE’s option, providedthat such products were used in accordance with the instructions. Replacementmay be of the same or similar product at ELVE’s discretion and based onavailability. ELVE reserves the right to inspect the product to confirm thatthe issue is covered by this warranty.
d) ELVE isnot responsible for the cost of return shipping of the product.
e) Thiswarranty does NOT apply to:
i) Damage or loss that occurs during shipment;
ii) Damage, loss, or injury resulting from negligentor improper use or failure to follow instructions;
iii) Damage, loss, or injury resulting frommodification of the product;
iv) Damage, loss, or injury resulting from normal“wear and tear” of the product;
v) Damage, loss, or injury occurring after theproduct has been resold or transferred by the original purchaser;
vi) Damage, loss, or injury to person or property,including, but not limited to, claimed damages that are incidental orconsequential in nature.
f) THISWRITTEN WARRANTY IS THE ONLY WARRANTY MADE BY ELVE. REPAIR OR REPLACEMENT ASPROVIDED UNDER THIS WARRANTY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO THEPURCHASER. ELVE SHALL NOT BE RESPONSIBLE FOR LOSS OF USE OF THE PRODUCT OR FOROTHER INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR EXPENSES INCURRED BY THEPURCHASER OR A THIRD PARTY, OR FOR ANY OTHER EXPENSE NOT SPECIFICALLY STATEDABOVE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIEDWARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE, ARE EXPRESSLY LIMITED TO THE DURATION OF THIS WARRANTY. SOME STATES DONOT ALLOW LIMITATIONS, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TOYOU.
g) This warranty givesyou specific legal rights, and you may also have other rights which vary fromstate to state.
8. Information About You and YourVisits to the Website
All informationwe collect on this Website is subject to our Privacy Policy. By using theWebsite, you consent to all actions taken by us with respect to yourinformation in compliance with the Privacy Policy. ou further represent andwarrant that all information provided to Us by you is accurate.
9. Linking tothe Website and Social Media Features
You may link toour Website homepage, provided you do so in a way that is fair and legal anddoes not damage our reputation or take advantage of it, but you must notestablish a link in such a way as to suggest any form of association, approval,or endorsement on our part without our express written consent. You must notestablish a link to this Website from any website that is not owned by you, orfor which you lack proper legal authority to establish a link.
This Websitemay provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website. Send emails or other communications with certain content, or links to certain content, on this Website. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may usethese features solely as they are provided by us, and solely with respect tothe content they are displayed with, and otherwise in accordance with anyadditional terms and conditions we provide with respect to such features. Subject to theforegoing, you must not:
Establish a link from any website that is not owned by you. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. Link to any part of the Website other than the homepage. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The websitefrom which you are linking, or on which you make certain content accessible,must comply in all respects with the Content Standards set out in these Termsof Use.
You agree tocooperate with us in causing any unauthorized framing or linking immediately tostop. We reserve the right to withdraw linking permission without notice.
We may disableall or any social media features and any links at any time without notice inour discretion.
10. Links from theWebsite
If the Website contains links to other sites and resourcesprovided by third parties, these links are provided for your convenience only.This includes links contained in advertisements, including banneradvertisements and sponsored links. We have no control over the contents ofthose sites or resources, and accept no responsibility for them or for any lossor damage that may arise from your use of them. If you decide to access any ofthe third-party websites linked to this Website, you do so entirely at your ownrisk and subject to the terms and conditions of use for such websites.
11. Geographic Restrictions.
The owner of the Website is based in UAE (United ArabEmirates). We provide this Website for use only by persons located in UAE. Wemake no claims that the Website or any of its content is accessible orappropriate outside of the UAE. Access to the Website may not be legal bycertain persons or in certain countries. If you access the Website from outsidethe UAE, you do so on your own initiative and are responsible for compliancewith local law.
12. Disclaimer ofWarranties. You understand that we cannot and do not guarantee orwarrant that files available for downloading from the internet or the Websitewill be free of viruses or other destructive code. You are responsible forimplementing sufficient procedures and checkpoints to satisfy your particularrequirements for anti-virus protection and accuracy of data input and output,and for maintaining a means external to our site for any reconstruction of anylost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANYLOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OROTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THEWEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOURDOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES ORITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITSCONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ONAN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIESOF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSONASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECTTO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITYOF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONEASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITSCONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BEACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BECORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES ORITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OREXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBYDISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OROTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDEDOR LIMITED UNDER APPLICABLE LAW.
13. Limitation onLiability
TO THE FULLESTEXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THECOMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICEPROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESSOF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THEAMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OUT OF WHICHLIABILITY AROSE.
THE FOREGOINGDOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDERAPPLICABLE LAW.
14. Indemnification
You agree todefend, indemnify, and hold harmless ELVE, its affiliates, licensors, andservice providers, and its and their respective officers, directors, employees,contractors, agents, licensors, suppliers, successors, and assigns from andagainst any claims, liabilities, damages, judgments, awards, losses, costs,expenses, or fees (including reasonable attorneys' fees) arising out of orrelating to your violation of these Terms of Use or your use of the Website,including, but not limited to, your User Content, any use of the Website'scontent, services, and products other than as expressly authorized in theseTerms of Use, or your use of any information obtained from the Website.
15. Governing Law and Jurisdiction
All mattersarising out of or relating to these Terms are governed by and construed inaccordance with the internal laws of UAE without giving effect to any choice orconflict of law provision or rule (whether of UAE or any other jurisdiction)that would cause the application of the laws of any jurisdiction other thanthose of UAE.
16. DisputeResolution and Binding Arbitration.
16.1 YOU AND ELVE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURTOR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTIONWITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURTMAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER INCONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, ANDINCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT,INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING INANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BERESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
16.2 You agree to an arbitration on anindividual basis. In any dispute, NEITHER YOU NOR ELVE WILL BE ENTITLEDTO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR INARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE,CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitraltribunal may not consolidate more than one person's claims, and may nototherwise preside over any form of a representative or class proceeding. Thearbitral tribunal has no power to consider the enforceability of this classarbitration waiver and any challenge to the class arbitration waiver may onlybe raised in a court of competent jurisdiction.
16.3 If any provision of thisarbitration agreement is found unenforceable, the unenforceable provision willbe severed and the remaining arbitration terms will be enforced.
17. Limitation on Time to File Claims
YOU EXPRESSLYAGREE AS A CONDITION TO THE USE OF THIS WEBSITE AND RECEIPT OF ANY PRODUCTS ANDSERVICES FROM ELVE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUTOF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHINONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTIONOR CLAIM IS PERMANENTLY BARRED.
18. Waiver andSeverability
No waiver by ELVEof any term or condition set out in these Terms of Use shall be deemed afurther or continuing waiver of such term or condition or a waiver of any otherterm or condition, and any failure of ELVE to assert a right or provision underthese Terms of Use shall not constitute a waiver of such right or provision.
If anyprovision of these Terms of Use is held by a court or other tribunal ofcompetent jurisdiction to be invalid, illegal, or unenforceable for any reason,such provision shall be eliminated or limited to the minimum extent such thatthe remaining provisions of the Terms of Use will continue in full force andeffect.
19. Entire Agreement
These Terms ofUse and our Privacy Policy constitute the sole and entire agreement between youand us regarding the Website and supersede all prior and contemporaneousunderstandings, agreements, representations, and warranties, both written andoral, regarding the Website.
20. Your Comments and Concerns
This website isoperated by ELVE.
All otherfeedback, comments, requests for technical support, and other communicationsrelating to the Website should be directed to: support@elvelife.com
