ELEVATED NETWORK, TERMS AND CONDITIONS

Last Updated: April 8, 2025

AGREEMENT TO TERMS

These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Elevated Network, LLC (“Company,” “we,” “us,” or “our“), concerning your access to and use of the https://elevatednetwork.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” and the “Application”).

By accessing the Site and/or Application, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the Site or use our Services.

You represent that you are over the age of 18 and legally capable of forming a binding contract with the Company. If you are not, you must not access or use the Site or our Services. The use of the Site and Services is also not intended for individuals under 18 years of age.

DEFINITIONS

For the purposes of these Terms and Conditions:

“Account” means a unique account created for you to access our Services.

“Application” means the software program provided by the Company downloaded by you onto any electronic device, named Elevated Network.

“Company” (referred to as either “the Company”, “we”, “us” or “our” in this Agreement) refers to Elevated Network, LLC.

“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content.

“Country” refers to the United States of America.

“Device” means any device that can access the Services such as a computer, a cellphone, or a digital tablet.

“Feedback” means any feedback, ideas, improvements, suggestions, or recommendations by you regarding the Services.

“Free Trial” refers to the limited-time free access to certain features of the Services.

“Service” or “Services” refers to the Application, Site, and all content, services, and products available through the Application or Site, including but not limited to our customer relationship management (CRM) platform.

“Subscriptions” refers to the ongoing paid services provided to you by the Company.

“Terms and Conditions” (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Services.

“Third-Party Services” means any services, software, features, or content made available by third parties, including but not limited to Twilio, SendGrid, and payment processing services.

“User Content” means all data, information, and materials uploaded, transmitted, or stored by you when using the Services, including but not limited to client data, contacts, communications, and task information.

“You” means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.

REGISTRATION AND ACCOUNT SECURITY

To access and use certain features of the Services, you must register for an account. When you register, you agree to:

  1. Provide true, accurate, current, and complete information about yourself and your business as prompted by the registration form.
  2. Maintain and promptly update the information to keep it true, accurate, current, and complete.
  3. Keep your account credentials secure and confidential.
  4. Immediately notify the Company of any unauthorized use of your account or any other breach of security.
  5. Accept responsibility for all activities that occur under your account.

You agree that you will not share your account with anyone else or create more than one account for yourself. The Company reserves the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or outdated.

FREE TRIAL AND AUTOMATIC SUBSCRIPTION

We offer a 14-day Free Trial of our Services. To access the Free Trial, you must register for an account and provide valid credit card information. During the Free Trial period, you can explore and use certain features of the Services without charge.

BY PROVIDING YOUR CREDIT CARD INFORMATION AND STARTING YOUR FREE TRIAL, YOU AGREE THAT:

  1. If you do not cancel your account prior to the end of the 14-day Free Trial period, your credit card will be automatically charged for the subscription plan you selected during registration.
  2. It is your responsibility to cancel your account before the end of the Free Trial if you do not wish to be charged.
  3. No notice or reminder will be sent prior to the conversion from Free Trial to paid subscription.

The Company reserves the right, in its sole discretion, to modify the terms of the Free Trial, including its duration or available features, at any time without prior notice.

You agree to provide true, accurate, current, and complete information during the registration process, including valid payment information.

SUBSCRIPTION SERVICES

Subscription Plans

We offer various subscription plans for our Services on both monthly and annual billing cycles. The features, limitations, and prices of each plan are described on our Site. The Company reserves the right to modify, terminate, or otherwise amend our offered subscription plans at any time.

Billing

By selecting a subscription plan, you agree to pay the subscription fees as described on the Site at the time of purchase. Subscription fees are billed in advance on a recurring basis (either monthly or annually, depending on your selected billing cycle). Annual memberships are offered at a discounted rate compared to monthly billing.

You authorize the Company to charge your designated payment method for these recurring payments. If your payment cannot be completed for any reason, we reserve the right to suspend or terminate your access to the Services.

Subscription Term, Renewal, and Cancellation

Your subscription will automatically renew at the end of each billing period (monthly or annually) unless you cancel it at least 30 days before the renewal date. This means:

  1. For monthly subscriptions, you must provide notice of cancellation at least 30 days before your next billing date to avoid being charged for the next month.
  2. For annual subscriptions, you must provide notice of cancellation at least 30 days before your annual renewal date to avoid being charged for the next year.

You acknowledge and agree that the 30-day advance notice requirement for cancellation is a material term of this agreement.

Cancellation requests must be submitted by contacting our support team. Simply ceasing to use the Services does not constitute cancellation and will not stop automatic billing.

No Refunds or Prorations

All payments are non-refundable. We do not provide refunds for:

  • Partial subscription periods
  • Periods where you did not use the Services
  • Annual subscriptions that are canceled mid-term
  • Any subscription fee for any reason

For annual subscriptions, we do not offer prorated refunds if you cancel before the end of your annual term. Since we offer a Free Trial period, we expect you to fully evaluate the Services during that time to determine if they meet your needs before purchasing a subscription.

Fee Changes

The Company reserves the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following notice to you.

ACCEPTABLE USE AND COMPLIANCE WITH LAWS

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  1. In any way that violates any applicable federal, state, local, or international law or regulation, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Fair Credit Reporting Act, and other laws governing communications, marketing, and data privacy.
  2. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  3. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  4. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by the Company, may harm the Company or users of the Services, or expose them to liability.
  5. To attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services.
  6. To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  7. To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  8. To collect or track the personal information of others.
  9. To damage, disable, overburden, or impair the Services or any network connected to the Services.

Responsibility for Communications and Compliance

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. Elevated Network is only providing the tools and platform that enable you to send communications to your contacts. We are not responsible for the content of your communications or your decision to contact certain individuals.
  2. YOU ARE SOLELY RESPONSIBLE for ensuring that all contacts added to your account—whether manually entered by you, imported by you, imported by Elevated Network at your request, entered via API, or by any other means—have provided appropriate and legally required consent to receive marketing communications from you via SMS, MMS, voice, email, or any other channels.
  3. YOU TAKE FULL RESPONSIBILITY for all consequences, claims, damages, penalties, fines, or lawsuits that may arise from your use of our Services to send communications, including but not limited to claims related to:
    • Unsolicited communications or spam
    • Violations of the Telephone Consumer Protection Act (TCPA)
    • Violations of the CAN-SPAM Act
    • Violations of any other laws governing marketing, communications, or data privacy
  4. It is YOUR RESPONSIBILITY to:
    • Maintain proper records of consent for all contacts in your account
    • Promptly honor opt-out requests
    • Not send marketing communications to contacts who have not opted in to receive them
    • Comply with frequency limitations and time restrictions for calls or texts
    • Include all legally required disclosures, opt-out information, and your identity in communications
    • Follow all applicable laws relating to marketing and communications
  5. You agree to indemnify and hold harmless Elevated Network from any and all claims, damages, penalties, or liabilities arising from your communications activities using our platform.

USER CONTENT

Your Content

Our Services allow you to upload, transmit, and store User Content. You retain all rights in, and are solely responsible for, the User Content you upload, transmit, or store when using our Services.

By uploading User Content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content solely for the purpose of providing you with the Services.

Content Standards

You represent and warrant that your User Content:

  1. Will not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.
  2. Will not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  3. Will not involve commercial activities or sales unless specifically endorsed or approved by us.
  4. Will not be false, misleading, or designed to manipulate users or systems.
  5. Will not give the impression that it emanates from or is endorsed by the Company or any other person or entity, if this is not the case.

You acknowledge that the Company does not pre-screen User Content, but the Company and its designees have the right (but not the obligation) in their sole discretion to block or remove any User Content that is available via the Services that violates these Terms or is otherwise objectionable.

THIRD-PARTY SERVICES

Our Services may integrate with or allow access to Third-Party Services (such as Twilio, SendGrid, and payment processors). These Third-Party Services may have their own terms of service and privacy policies, and your use of these Third-Party Services will be governed by those terms and policies. We do not control Third-Party Services, and we are not responsible for their content, security, or practices.

You acknowledge that your use of such Third-Party Services is at your own risk and that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such Third-Party Services.

INTELLECTUAL PROPERTY

Company’s Intellectual Property

The Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your business purposes only. 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 Services, except as incidental to normal use of the Services or as expressly permitted in writing by the Company.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, except as incidental to normal use of the Services or as expressly permitted in writing by the Company.

FEEDBACK

If you provide the Company with any Feedback, you agree that the Company may use such Feedback for any purpose without obligation of any kind. The Company will be entitled to use the Feedback without restriction and without any obligation to you, including but not limited to incorporating the Feedback into the Services.

TERMINATION

Term

These Terms shall remain in full force and effect while you use the Services.

Termination by the Company

The Company may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to:

  1. A breach of these Terms.
  2. A violation of applicable laws or regulations.
  3. A request by law enforcement or other government agencies.
  4. Extended periods of inactivity.
  5. Unexpected technical or security issues.
  6. If we believe the Services are being used fraudulently or in a manner that may cause harm to the Company, other users, or third parties.

Effect of Termination

Upon termination of your account, your right to use the Services will immediately cease. The Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by the Company in connection with such termination or suspension.

Data Retention After Termination

Following termination or deactivation of your account, the Company may retain your User Content for a commercially reasonable period for backup, archival, or audit purposes. In some cases, the Company may be legally required to retain certain information in accordance with applicable laws. The Company does not guarantee the preservation of any User Content following termination of your account.

DISCLAIMERS

“AS IS” and “AS AVAILABLE”

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

No Warranties

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

No Warranty of Compliance

THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE SERVICES COMPLY WITH:

  1. THE AMERICANS WITH DISABILITIES ACT (ADA)
  2. WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG)
  3. ANY OTHER ACCESSIBILITY STANDARDS, LAWS, OR REGULATIONS

If you require accessibility features, it is your responsibility to implement third-party integration tools (such as UserWay or similar technologies) that can be added to Elevated Network websites and tools to meet any compliance needs you may have. Elevated Network does not guarantee nor represent that our services or tools meet compliance requirements, and it is your responsibility to check and implement any additional resources necessary to meet your specific compliance needs. If you cannot achieve the compliance you require, your sole remedy is to cancel your membership with the required 30-day notice.

No Regulatory Compliance Warranties

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES that the Services comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, or any other laws governing marketing or communications. It is your sole responsibility to ensure that your use of the Services complies with all applicable laws and regulations.

Use at Your Own Risk

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

GOVERNING LAW AND JURISDICTION

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Orange County, California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

DISPUTE RESOLUTION

Informal Resolution

Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting the Company. The Company will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or the Company may bring a formal proceeding.

Arbitration

If you and the Company cannot resolve a dispute through informal resolution, any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Orange County, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

Exceptions

Nothing in this section will preclude either party from seeking injunctive relief in a court of competent jurisdiction. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL.

CHANGES TO TERMS

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

ENTIRE AGREEMENT

These Terms, our Privacy Policy, and any other agreements or terms specifically referenced herein, constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Elevated Network, LLC
17985 Collier Avenue
Lake Elsinore, CA 92530
United States

Email: success@elevatednetwork.com
Phone: (800) 577-1750