PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  YOUR USE OF THIS SITE IS CONDITIONED ON YOUR ACCEPTANCE OF THESE SITE TERMS AND CONDITIONS, WITHOUT MODIFICATION.  BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.  THESE TERMS AND CONDITIONS CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND ELEVATED NETWORK.

Elevated Network is an internet and software provider that offers residential and commercial Real Estate Agents professional services, resources and tools.  Elevated Network is not a real estate broker, mortgage broker or mortgage lender, and Elevated Network does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.

Understanding Elevated Network’s terms and conditions (Terminology)

• The service you are subscribed/subscribing to is provided by Elevated Network and/or an affiliate thereof.
• The following words “Elevated Network,” “we,” “we’re,” “us,” “our,” “ours,” “its,” will be individually and collectively referred to as “EN.”
• The following words “website,” “account,” “applications,” “software,” “programs,” “data,” “materials,” “content,” “features,” “service,” “services,” and “products” are collectively referred to as “products and services.”
• EN’s “customers,” “clients,” “user,” “users,” “beta testers,” or any other person or entity accessing or utilizing EN’s products and services will be referred to as “you,” “your,” “yours,” “you’re,” or “you’ll.”
• All “files,” “text,” “graphics,” “images,” “videos,” and any other forms of “media” uploaded, or created by a user and stored on EN’s website will be individually and collectively referred to as “dynamic data” or “data.”
• Users’ personal “computers,” “servers,” and “mobile devices” will be referred to as a “device” or “devices.”
• “Data,” “ software,” “photograph,” photographic,” “photographs,” “image,” “images,” “graphic,” “graphics,” “video,” “videos,” “audio,” “music,” “sound,” “sounds,” “device characteristics,” “text,” and any other like materials will be individually and collectively referred to as “content.”
• “Upload,” “uploaded,” “uploads,” “download,” “downloads,” “downloaded,” “post,” “posts,” “posted,” “publish,” “published,” “distribute,” “distributed,” “email,” “emails,” “emailed,” “text message,” “transmit,” “transmitted,” “SMS,” “store,” “stores,” “stored,” “MMS,” and any other like materials will be individually and collectively referred to as “make available.”
• “CAN-SPAM,” “TCPA,” and “MMA Guidelines,” are defined in Compliance with Other Organizations

Changes to Elevated Network’s Terms and Conditions

EN reserves the right to modify and impose new or additional terms and conditions at any time, without notice to you.  Although EN is not required to notify you of changes or modifications, you may from time to time receive notices of a change or changes to EN’s terms and conditions.  EN may submit posts and/or other notifications on its web site to provide notice of any changes to its terms and conditions with respect to the products and services it provides you. EN will also post a new version of the updated terms and conditions, incorporating the changes, on this web site.   Any changes or modifications will be effective immediately upon posting of the new revised terms and conditions.  It is therefore your responsibility to check for such notices or revisions periodically.  Your continued use of the products and services will be deemed acceptance of any modified or new terms and conditions.  If you do not agree with these terms and conditions, you must stop using the products and services provided by EN.

Products and Services Updates

As part of EN’s service, you may receive updates to your products and services.  These updates may include bug fixes, new features, enhancements or improvements.  You agree that EN may automatically deliver such updates to you.

EN may or may not provide technical support.  If technical support is provided it will be in addition to your customer service support.

Compatibility and requirements

EN provides and governs your use of its products and services.  Some products and services include storing your data (such as contacts, photos videos, notes, and documents.) In order to make it accessible on your mobile devices and computers, these products and services require compatible devices, Internet access, and certain software.  Additional fees may apply for this access.  These products and services may also require updates periodically, and may be affected by the performance of these factors.  High-speed Internet access is strongly recommended for use.  You agree that meeting the requirements listed above is your responsibility.

Subscription

EN accepts credit cards for payment, and will automatically charge the payment method with which you registered.

You agree that EN may charge your credit card for your subscription on a monthly or annual cycle (including any taxes and late fees, as applicable).  Any add-ons or upgrades will be charged separately.  EN may continue to charge your credit card or payment account for all fees or charges associated with your subscription on a monthly or annual basis until you change or cancel the subscription.  This means that unless you change or cancel your subscription prior to the next monthly or annual billing date, EN will charge your credit card or payment account the then-current fees on that next monthly or annual billing date.

You are responsible for the timely payment of all fees and for providing EN with a valid credit card.  If EN is unable to successfully charge your credit card for subscription/
upgrade charges, and fees due, EN reserves the right to revoke or restrict access to your account, and/or products and services, delete your stored content, or terminate your account.  If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must contact EN by phone at 949-515-3555.  Your account may be temporarily disrupted and you may not have access to the products and services until EN verifies your new payment information.

EN may at any time, upon notice required by applicable law, change the price of the upgrades or any part thereof, or implement new charges or fees.  Price changes and new charges implemented during your subscription billing month or year will apply to subsequent subscription billing cycles.  If you do not agree to any such price changes, then you must cancel and stop using the upgrade.

Compliance with Other Organizations

The products and services, or any feature or part thereof, may not be available in all languages, nor compliant with other organizations.  EN makes no representation that the products and services, or any feature or part thereof, is appropriate or available for use in any particular location, or organization.  To the extent you choose to access and use the products and services, you do so at your own initiative and are liable for compliance with any applicable federal, state, and local laws and regulations, including but not limited to, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM “) Act, Telephone Consumer Protection Act (“TCPA”), as well as current Mobile Marketing Association’s “U.S. Consumer Best Practices Guidelines” (“MMA Guidelines”) available at http://mmaglobal.com/policies/consumer-best-practices.

EN integrates with third party communications functionality (the “Twilio Service”) which is powered by Twilio, Inc. and provided by EN to you pursuant to an agreement between EN and Twilio, Inc. Your use of EN services that utilize the Twilio Service must comply with the Twilio Terms of Service, found here: https://www.twilio.com/legal/tos

Privacy Policy

You understand that by using EN’s products and services, you consent and agree to the use of certain information about you and your use of the service in accordance with EN’s terms and conditions.  You further consent and agree that EN may collect, use, transmit, process and maintain information related to your account, for purposes of providing the service, and any features therein, to you.  Information collected by EN when you use the products and services may also include technical or diagnostic information related to your use that may be used by EN to support, improve and enhance EN’s products and services.

Abuse of Content and Site

You agree that you will not create or make available any content that is fraudulent, invasive of another person’s privacy, abusive, harmful, unlawful, harassing, threatening, tortuous, defamatory, libelous, violent, obscene, vulgar, hateful, racially or ethnically offensive, or otherwise objectionable to EN or any third party, as determined by EN in its sole discretion.

In addition, you shall:

• Not violate local, state, federal or other applicable laws or regulations.
• Not engage or interact with any person under the age of 18 or such other age as local law defines as a minor.
• Not misrepresent yourself or pretend to be any other person, or any entity, nor misrepresent your affiliation with a person or entity.
• Not make available any content that infringes the intellectual property rights privacy, publicity or other rights of EN or any third party.
• Not post advertisements or other materials to solicit business for yourself or any third party.
• Not disrupt or impede the discussion flow of others using the products and services.
• Not post or make available chain letters or pyramid schemes.
• Not allow others to use your identification or pretend that they are you.
• Not collect information about others without their explicit written consent.
• Not access or attempt to access password protected, secure or non-public areas of the EN site.
• Not make available any content that is considered SPAM, which is defined as the intent to mislead non-participating recipients with unauthorized or unsolicited content whether promotional or otherwise. This includes false or misleading header information, such as “From,” “To,” “Reply-To,” and routing information including the originating domain name, IP address, email address, subject line, and email body.  For more information on understanding SPAM please visit the Federal Trade Commission’s website, which can be accessed at www.ftc.gov.
• Not make available any content that contains malware, viruses, code, files or programs with the intent to interrupt, limit, harm, harass, or engage in other objectionable methods of abuse, including, but not limited to, extraction methods such as “data mining,” “screen scraping,” “data scraping,” or any other activity with the purpose of obtaining information.
• Not make available any content, via SMS or MMS messaging, which violates the TCPA or MMA Guidelines.
• Not obtain or attempt to obtain any content that is not intentionally intended or provided with EN’s products and services. Any use of the products and services or its content other than its intent is strictly prohibited and will be subject to termination of your account, including the possibility of monetary damages.
• Not engage in any conduct that disrupts or impedes a third party’s use and enjoyment of EN’s products and services, or which, in EN’s discretion, exposes EN or any customers, partners or related entities to liability or detriment of any type.

Whether publicly posted or privately transmitted, You are solely responsible for any Content you make available through your use of the products and services. You acknowledge that EN does not control, make available, or moderate the Content posted or transmitted.  You understand and agree that your use of the products and services is solely at your own risk.

EN may, but is not obligated to, do one or more of the following if any of the terms and conditions of use is violated, or believed to be violated:

• Record, monitor, modify or disclose your user content.
• Investigate a complaint that your user content violates the site terms and conditions, and determine in EN’s sole discretion whether to remove the material or take other action.
• Remove user content that EN determines in its sole discretion violates the site terms and conditions or may in the future violate the site terms and conditions.
• Terminate a user’s access to the site, products and services (or any portion thereof) if the user has violated the terms and conditions.

Use of Web Site, Service, Limitation of Liability, and Proprietary Rights

As a registered user, EN grants you a personal limited, revocable, non-transferable, non-sub-licensable license to EN’s products and services provided that you do not (and do not permit anyone else to) use the web site or any of its products and services for any activities that would violate these terms and conditions.

It is your responsibility to manage, maintain, secure, and protect the confidentiality and dynamic data in your account.  You also agree to immediately notify EN if you suspect your account was accessed without your authorization or has been compromised.

You expressly understand and agree that use of EN’s products and services are on an “as is” and “as available” basis, and that all disclaimers provided in these terms and conditions apply.  EN does not guarantee, or warrant that your use of its products and services will be free of errors.  Some errors can cause failures, corruption, loss of data, EN temporary downtime, and/or loss of information from your device (including, without limitation, servers, computers, and mobile devices).  EN strongly encourages you to back up all data and information on your device.  You understand and agree that all use of the products and services is at your sole risk and you will assume any and all costs that may be incurred in association with your use of the EN products and services.  EN does not guarantee, represent, or warrant that its products and services will be free from security intrusion such as attacks, viruses, hacking, phishing, or any other cyber threat.  Use of the products and services is at your own risk and EN shall not be responsible for any losses, monetarily or otherwise.

You agree to provide accurate information when you register with EN, and during the course of using its products and services, furthermore you agree to manage and update your account information and keep it accurate.  Providing inaccurate information may result in the suspension and/or termination of your account.

You agree that EN and/or EN’s merchant service provider may store your financial information and data that you provide for use in maintaining and billing fees to your account.

You acknowledge and agree that EN and/or its licensors own all legal right, title, and interest in and to the products and services, including, but not limited to, graphics, content, user interface, scripts, and software used to create the products and services, whether registered or not, and wherever they may exist.  You further agree that the products and services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including, but not limited to, copyright.  You agree that you will not use such proprietary information or materials in any way whatsoever except for use of its intended purpose and that you will not use the information found on this site in a way that is unlawful, or harms EN and/or its affiliates or suppliers.  No portion of the service may be copied, sublicensed, resold, or redistributed.  Any attempt to reverse engineer, decompile, or otherwise attempt to retrieve or copy the source code is strictly prohibited and you will be subject to civil and criminal penalties, including monetary damages for copyright infringement.  You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site or service any of the products and services, or materials, found on this site.

Third party companies and products implemented in connection with the products and services such as service marks, logos, and graphics may be the trademarks of their respective owners.  EN may run advertisements and promotions from third parties on its site, or may otherwise provide information about links or referrals to third-party products or services on this site.  Your business dealings or correspondence with, or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party.  EN is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third party products or services, and you use such third party products and services at your own risk.  EN does not sponsor endorse, recommend or approve any such third party.  You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity or information that you find through this site.  EN does not represent or warrant that any such third party is licensed, qualified, reputable or capable of performing any such services.  EN makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from EN’s site, or web sites linking to the site.  Such sites are not under EN’s control and EN is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  EN provides these links to you only as a convenience, and the inclusion of the link does not imply affiliation, endorsement or adoption by EN of any site or information contained therein.  When you leave EN’s site, you should be aware that terms and conditions and policies different from EN’s govern and apply.

You are solely responsible for the data/content you submit or make available on the service.  By making available such data/content on areas of the products and services that are accessible by the public or other users with whom you consent to share such data/content, you grant EN a royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such content without any compensation or obligation to you.  You agree that any content submitted or made available by you shall be your sole responsibility.  You shall not infringe or violate the rights of any other party or violate any laws, contribute to, or encourage infringing or otherwise engaging in unlawful conduct, or otherwise being obscene or acting objectionably.  By submitting or posting such content on areas of the products and services that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.  You are also responsible for your reliance on any communications found in areas of the products and services that are accessible by the public or other users.

Any rights not expressly granted herein are reserved.  Any download of material obtained through the use of EN’s products and services such as dynamic data, third party material, or otherwise is accessed at your own risk, and you will be solely responsible for any damage to your device, computer, or loss of data if such an event occurs.  You further understand and agree that some products and services are not reliable, accurate, and or complete.  Location data and/or time delays are not intended to be relied upon.  If by chance the products and services provided by EN could lead to death and or injury to you or another person, or environmental damage, EN shall not he held liable for such events.

IN NO EVENT WILL EN OR ITS affiliates, subsidiaries, contractors, employees, or SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE  OR INABILITY TO USE THE SITE, THE PRODUCTS AND SERVICES PROVIDED, any changes made to the products and services, or any temporary or permanent cessation of the products and services or any part thereof.

EN shall not be held liable for the deletion of any dynamic data or failure to store and/or make available data through the products and services.  Furthermore you acknowledge and agree that EN may, without liability to EN, access, use, preserve, and/or disclose your account information and content to law enforcement authorities, government officials, and/or a third party, as EN believes is reasonably necessary or appropriate, if legally required to do so.

You acknowledge that your use of the products and services constitute your agreement and intent to be bound by EN’s terms and conditions.

User Uploaded Data

Your account is allocated and limited to 2GB (2 gigabytes) of storage capacity.  Any dynamic data will be stored and displayed as used space in your account.  Additional storage is available for purchase.  Please contact us for more information on purchasing additional storage.  It is your responsibility to back up your dynamic data to your personal devices.  EN shall use due care in providing its products and services, but does not guarantee or warrant that any dynamic data you store on EN’s website will not be subject to inadvertent damage, corruption, loss, or removal.  In accordance with the terms and conditions of this agreement, EN shall not be liable should such losses occur.  It is your responsibility to provide an alternate backup method for your dynamic data.

Copyright Notice – DMCA

If you believe that any Content or Data in which you claim copyright has been infringed by anyone using EN’s products and services or Affiliates, please contact Elevated Networks Customer Service by phone at 949-515-3555.

EN may, in its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers.

Cancellations and Refunds

All fees and charges paid by you in relation to the products and services are nonrefundable after 30 days’ activation of your account, except as required by law or as otherwise stated herein.  You may contact EN for a full refund within 30 days of activation of account. EN requires a 30 day notice to cancel your account and/or account features.

If you believe you have been billed in error, please notify us by contacting EN by phone at 949-515-3555.

Beta Testers

To help us provide excellent service, EN has selected participants for the purpose of bug reporting, and usability feedback.  As a participant, you understand and agree that your participation, in such beta testing is voluntary and does not create any legal partnership, or employment.  Nor will EN be obligated to provide you any compensation, or benefits to its services.  Some of EN’s bugs can contain errors that could cause failures, corruption, or loss of data and/or information from your device (including, without limitation, servers, computers, and mobile devices). EN strongly encourages you to back up all data and information on your device prior to beta testing.  You understand and agree that all use of the Beta Features is at your sole risk and you will assume any and all costs that may be incurred in association with your participation as a user or beta tester.

Termination

You may terminate your account at any time with 30 day notice to EN to terminate your account. If you wish to stop using EN and its products and services contact EN by phone at 949-515-3555.  Any fees paid within 30 days of activation may be refunded.  On the 3lst day of activation of your account, all fees are nonrefundable, including any fees paid in advance for the billing year or month. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.

EN may at any time, without prior notice, immediately terminate or suspend your account and its products and services.

Causes for termination are due to the following reasons.

• Violations of this Agreement or any other policies or guidelines that are referenced herein.
• A request by you to cancel or terminate your account.
• A request and/or order from law enforcement, or other government agency.
• Failure to pay any fees owed by you in relation to the products and services.

Any such termination or suspension shall be made by EN in its sole discretion and EN will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the products and services.

In addition, EN may terminate your account upon prior notice via email to the email address associated with your account.  Upon termination of your account you will lose all access to the products and services and any portions thereof, including, but not limited to, your account, login, and content.  In addition, after a period of time, EN will delete information and data stored in or as a part of your account.

Disclaimer

THE SITE AND THE SITE PRODUCTS AND SERVICES (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. EN AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH ON THE SITE.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD EN, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE EN SITE AND/OR EN AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS AND CONDITIONS.

Applicable Law and Venue

These terms and conditions are governed by the laws of the State of California, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of Los Angeles and/or Central District of California in all disputes arising out of or relating to accessing or using the products and services of EN.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EN as a result of these terms and conditions or accessing or using the EN site. EN’s performance under the terms and conditions is subject to existing laws and legal process, and nothing contained in the terms and conditions is in derogation of EN’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the EN or information provided to or gathered by EN with respect to such use.

Severability

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

Assignment

EN may assign or transfer this agreement, in whole or in part, to a third party network or company at any time with or without notice to you. You may not sell, assign or transfer any of your rights or obligations under this agreement, or assign, transfer or sublicense your rights, if any, in the products and services.

Entire Agreement

Except as expressly stated herein, the terms and conditions constitute the entire agreement between you and EN with respect to EN and its products and services.

Force Majeure

EN is not responsible for performing its obligations under these terms and conditions when such obligations are delayed or hindered by war, riots, embargoes, strikes or Acts of God.

Copyright, Trademark and Patent Notices

Portions of the site, products and services are protected by EN intellectual property rights and unless otherwise explicitly indicated in the site, the site products and services and the selection and arrangement thereof are the proprietary property of EN and its suppliers and are protected by U.S. and international copyright laws.

The EN name, and any EN products and services, slogans or logos referenced herein may be either trademarks or registered trademarks of EN in the United States and/or other countries. The names of actual third party companies and products mentioned in the site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512)), EN has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this site in a way that constitutes copyright infringement, please provide EN’s copyright agent the following written information:

1) a detailed description of the allegedly infringed copyrighted material,

(2) a description of the location of such material on the site,

(3) your contact information, including address, telephone number, and email address (if any),

(4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law,

(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and

(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.

Contact information for EN’s Copyright Agent for notice of claims of copyright infringement is provided below.

EN Agent: Sarah Sangmeister

Address: 400 Oceangate Long Beach, CA 90802

USA Phone No.: (562) 436-2000

Email address: sarah.sangmeister@kyl.com

Last revised: October 2017