Terms & Conditions
By checking the “Terms & Conditions” box on sign-up, or leaving the “Terms & Conditions” checked you agree to the terms and conditions outlined below. The below Terms and Conditions of Service govern your access and use of any and all Elevation Partners, LLC (further referred to as “we” “us” or “Elevation”) owned or operated web sites (including mobile sites), mobile applications, interactive features, widgets, and/or other online services (collectively, referred to as the “Service” or “Elevation Platform”), regardless of how you access or use the Service, whether via personal computers, mobile devices or otherwise. By accessing or using the Service, you expressly accept and agree to the TCS and enter into a legally binding contract with Elevation. Do not access or use the Service if you are unwilling or unable to be bound by the TCS.
In some instances, both the TCS and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between the TCS and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms which you accept by using the Service.
I. WHAT ELEVATION DOES
Elevation is not a medical marijuana collective or cooperative. We offer (a) to receive information from medical cannabis patients, (b) to perform patient pre-verification checks in compliance with all applicable laws and regulations, and (c) a virtual environment, such as a website and mobile app, through which patients and lawfully operated collectives, cooperatives, and general businesses may establish a relationship for the provision of medical cannabis. It is the sole responsibility of the third party doctors, or collective, cooperative, or delivery service to be in compliance with applicable state laws and regulations. While we make reasonable efforts, such as by reviewing state licenses, to ensure that any third party providers with whom we affiliate operate in compliance with applicable regulations, we make no representations, promises, or warranties with respect to the legality, suitability, or otherwise regarding such third party providers and have no responsibility or liability with respect to services provided to you by such third parties.
II. EFFECTS OF ACCESSING AND USING ELEVATION’S SERVICE
You may only access the Service using authorized means. The Company is not liable if you do not have a compatible handset or if you can not operate the Application for your devices. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device. You also agree that the opinion expressed by a Licensed Health Care Provider using this Site is not that of Elevation and will not be used in any legal dispute against Elevation, including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims.
A. ACKNOWLEDGEMENT OF AND AGREEMENT TO ABIDE BY ALL APPLICABLE MEDICAL CANNABIS LAWS
By signing up for Elevation and/or using any Elevation service, you expressly acknowledge that Elevation is solely for qualified patients residing in states who have adopted legislation providing medical use of marijuana. You further represent that you are such a patient or, where permissible, the primary caregiver for such a patient. You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of medical cannabis. You further acknowledge that any of these activities may be illegal under state law unless all participants are acting completely within the scope of their respective states’ medical marijuana laws You further acknowledge that you understand that the use, possession, cultivation, transportation, and/or distribution of cannabis is illegal under federal law, and that individuals are subject to arrest and/or prosecution by federal officials. You acknowledge and agree that Elevation neither provides nor has any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution. Elevation has its principal place of business in Washington D.C.. However, Elevation may is accessible to all states. Whichever state you live in, you must abide the by and follow the laws of the state in which you are a resident.
B. ELEVATION MAY NOT BE USED BY OR FOR THE BENEFIT OF MINORS
By using the Application or Service, you expressly represent and warrant that you have the right, authority, and capacity to enter into this Agreement and that you will abide by the terms and conditions of this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application or Service until you are of legally sufficient age and capacity. In all events, the Service and Application are not available to persons under the age of 18. By using the Application or Service, you represent and warrant that you are at least 18 years old.
C. ELEVATION IS TO BE USED ONLY FOR PERSONAL USE IN COMPLIANCE WITH APPLICABLE LAWS
Your participation in using the Service and/or Application is for your sole, personal use. You agree that you may not and shall not authorize others to use your user status; that you may not and shall not assign or otherwise transfer your user account to any other person or entity; and that you may not and shall not share with or distribute to any third party any medical cannabis except to the extent you are the primary caregiver for a qualified patient, where applicable law provides for the same. You, being the patient or potential patient, agree that Elevation and/or the doctor can email you any records, documents, patient attestations, recommendations, or any relevant documentation or information pertaining to your medical marijuana evaluation and treatment.
By using the Application or the Service, you agree that:
- You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or Application in any way whatsoever.
- You will not copy, or distribute the Application or other content without written permission from the Company.
- You will only use the Application and Service for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
- You will provide us with whatever proof of identity we may reasonably request.
- You will only use an access point or data account (AP) which you are authorized to use.
- You will at all times act in full compliance with the laws of your State pertaining to medical (or the recreational use of) cannabis collectives and/or cooperatives.
- You will at all times use the Service SOLELY as a qualified medical cannabis patient and/or, where permitted by applicable law, as a primary caregiver for such a qualified patient.
In addition to the foregoing User Requirements, all Third Party Providers, such as doctor’s, medical cannabis collectives, cooperatives, and delivery services, must:
- Be legally organized and operating in Compliance with the laws of your State;
- Obtain, and maintain at all times, the required local business licenses and permits;
- Make such licenses and permits available for inspection by the Company upon reasonable request;
- Have all members and Users agree to be bound by the terms of a Collective or Cooperative Membership Application;
- Obtain every member’s and User’s medical cannabis physician recommendation and verify its authenticity and the physician’s legal standing to issue such recommendation;
- Prohibit distribution and sales of medical cannabis products to non-members;
- Provide adequate security to ensure that members are safe and protect the surrounding community.
A. LICENSES GRANTED BY ELEVATION TO USERS
We are willing to license, not sell, the Elevation Application to you only upon the condition that you accept all the terms contained in this Agreement. By signing up for or by installing, downloading, or using the Elevation Application, you indicate that you understand this Agreement and accept all of its terms. You are free to reject the terms of this Agreement, but understand and agree that if you do not accept all the terms of this Agreement, the Company does not and will not license the Application to you.
Subject to your compliance with the terms and conditions of this Agreement, Elevation grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Company Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement.
Elevation reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
B. LICENSES GRANTED BY USER TO ELEVATION; USER CONTENT; KEY CONTENT-RELATED TERMS
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Company Content” means Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.
“Collective Content” means, collectively, Company Content and User Content.
C. LICENSE WITH RESPECT TO USER CONTENT
Elevation may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application. Elevation does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents and releases that are necessary to grant to Company and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Users agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; b) that advertises any illegal service or the sale of any items which are prohibited or restricted by the laws of your state; c) attempt to gain unauthorized access to Elevation computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Application.
In the event that any User Content you publish on or by way of any Elevation property is accused of infringing any third party’s intellectual property or other rights, you agree to indemnify, defend, and hold Elevation harmless against such claims, as further discussed below in the section regarding indemnification.
D. DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
Elevation respects all intellectual property rights, including copyright. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a notice to [email protected] that includes all of the following:
- (i) a legend or subject line that says contains proprietary information;
- (ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
- (iv) your full name, address, telephone number, and e-mail address;
- (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- (vii) your electronic or physical signature.
E. PERSONAL AND NON-PERSONAL DATA AND INFORMATION
IV. INTELLECTUAL PROPERTY OWNERSHIP
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Application and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
V. THIRD PARTY INTERACTIONS
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
We are under no obligation to enforce the TOS on your behalf against another user. While we encourage you to let us know if you believe another user has violated the TOS, we reserve the right to investigate and take appropriate action at our sole discretion.
VI. TERMINATION OF SERVICE
You agree that Elevation, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Elevation believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that Elevation shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
You may terminate the TOS at any time by closing your account, discontinuing your use of the Service, and providing Elevation with a notice of termination.
In the event of any termination of the TOS, whether by you or us, the remaining portions of these TOS remain in full force and effect, including our right to use Your Content.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify, and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of delivery services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
IX. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Elevation has used its best efforts in creating and maintaining the Elevation Platform and related communications, materials and/or products. Elevation makes no representation or warranty with regard to the accuracy, applicability, fitness, or completeness of the substance of the Elevation Platform and related communications, materials and products. The content and data contained on the Elevation Platform and related communications, materials and/or products are all solely for informational ends. Thus, if any person or group wishes to use ideas contained on the Elevation Platform and/or in the related communications, materials and products, that person or group shall assume and bare sole and absolute responsibility for any and all of such uses and activities.
Elevation and its proprietors are not licensed medical doctors or medical professionals of any kind and specifically are not providing medical or healthcare advice, diagnostics, or treatment of any kind. You must always consult with a medical doctor or licensed medical professional about personal health and/or medical matters. The content of the Elevation Platform and any related communications, materials and products are published solely for educational purposes and are in no way are intended to constitute medical or healthcare advice, and are in no way intended to supplant the counsel of a healthcare professional.
The content of the Elevation Platform and any and all accompanying communications, materials and products are in no way specific counsel; the content is the result of a review of the available data and information. It is presented solely to inform and educate any user or consumer of such information.
Any person or group that wants to use the content of the Elevation Platform and any and all accompanying communications, materials and products to improve their health should only do so after performing their own review and consulting a medical professional. All users shall be treated individually by their own healthcare professional.
The decision to utilize any information in this website and related communications, materials and/or products is ultimately at the sole discretion of the reader, who assumes full responsibility for any and all consequences arising from such a decision. The author and his company shall remain free of any fault, liability or responsibility for any loss or harm, whether real or perceived, resulting from the use of information in this website and related communications, materials and/or products.
The content of the Elevation Platform has not been evaluated by the US Food and Drug Administration and the Elevation Platform and any and all related communications, materials and products are not intended to be used in any diagnostic or treatment manner.
A. INTERNET DELAYS
THE COMPANY’S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
B. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE COMPANY’S LIABILITY FOR ANY COMPLAINT SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY.
THE COMPANY MAY LEGALLY CONNECT YOU TO, OR SELL YOUR DATA TO A THIRD PARTY COMPANY FOR THE PURPOSES OF THEM MARKETING THEIR SERVICES TO YOU. THE COMPANY RESERVES THE FULL RIGHT TO PROCESS, SELL, AND SHARE YOUR DATA WITH ANY THIRD PARTY THAT IT HAS A LEGAL PARTNERSHIP WITH. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY ENTITY YOUR DATA IS PROVIDED TO. YOU ACKNOWLEDGE THAT THE THIRD PARTY MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS TO THE DATA YOU PROVIDE US.
X. DISPUTE RESOLUTION A. TIME TO PRESENT CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Application or to this Agreement must be filed within one (1) year after such claim or cause of action accrued or shall be forever barred.
XI. FEE AND REFUND POLICY
Any fees that the Company may charge you for the Application or Service are due immediately and are non-refundable. In the event that you do receive a refund, there will be a $39 cancellation fee assessed. In the event that you miss your appointment and do not notify us within 48 hours, there will be a $50 no show fee assessed. The company does not have to refund you for any charges or fees you have paid no matter what the scenario. The company reserves the right to refund you if deemed necessary. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you wish to learn more regarding how we charge for the Service of Application.
The Company may give notice by means of a general notice on the Service or Application, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information.
UNDERSTANDING OF TERMS AND CLAIMS IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
Cannabis is currently listed as a Schedule I controlled substance pursuant to the federal Controlled Substances Act. Consequently, possession, distribution, cultivation, and manufacture of cannabis are illegal under federal law. Upon acceptance of this Agreement, you represent and warrant that you understand the varied legal risks associated with your use of cannabis for medical treatment, including arrest and prosecution under applicable federal laws. Should any criminal or civil administrative or legal actions be instituted against you for your use or possession of cannabis for medical treatment as recommended by a Licensed Health Care Provider you select through Elevation, you will not hold Elevation or any of its Licensed Health Care Providers liable for any loss, injury, or claims of any kind resulting from those actions. You are solely responsible for maintaining a full understanding of the medical cannabis laws in the state in which you reside.
Elevation does not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise. Licensed Health Care Providers subscribing to the Site do not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise. Neither Elevation nor its Licensed Health Care Providers shall assist you at any time or in any way in the procurement of any cannabis or cannabis product for your consumption, possession, sale or distribution, cultivation, or manufacture of the same for medical use or otherwise. Neither Elevation nor its Licensed Health Care Providers shall procure on your behalf any cannabis or any cannabis product in any form whatsoever for your medical use or otherwise.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ELEVATION BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, CRIMINAL CHARGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEVATION ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER ELEVATION NOR ANY THIRD PARTIES MENTIONED ON THE SITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR CRIMINAL ACTION AGAINST YOU CAUSED BY YOUR USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. THE POSSESSION AND USE OF CANNABIS, INCLUDING FOR MEDICAL USE, REMAIN FEDERAL CRIMES AND NEITHER ELEVATION NOR ANY OF ITS LICENSED HEALTH CARE PROVIDERS ARE LIABLE FOR ANY CRIMINAL ARREST OR PROSECUTION YOU MAY EXPERIENCE AS A RESULT OF YOUR POSSESSION, USE, CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF CANNABIS FOR MEDICAL USE OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
XIII. MISCELLANEOUS PROVISIONS
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of this Agreement or use of the Service or Application.
The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
This User Agreement constitutes the entire agreement and understanding between you and Elevation and governs your use of the Service and Application, superseding any prior agreements or understandings between you and Elevation.
1. Collecting Personally Identifiable Information
We define Personally Identifiable Information as individually identifiable information about an individual consumer collected online by us from that individual and maintained by us in an accessible form. Personally Identifiable Information can include:
- A first and last name.
- A home or other physical address, including street name and name of a city or town.
- An e-mail address.
- A telephone number.
- Any other identifier that permits the physical or online contacting of a specific individual.
- Information concerning a user that the Elevation Platform or Services collects online from the user and maintains in personally identifiable form in combination with an identifier described above.
While you may use some of the functionality of the Elevation Platform or Services without registering, many of the specific tools and services on the Elevation Platform or Services require registration. We collect information that you provide to us when you register with the Elevation Platform and complete your profile, or when you ask us for Services or additional information or to resolve complaints or concerns. Specifically, we may collect, store and use the following categories of Personally Identifiable Information:
Personal information: Information which identifies you as a person, such as full name, phone number, e-mail address, or date of birth.
Demographic information, such as location, gender, or age.
Medical information, including but not limited to your applicable Evaluation; notes from medical examinations connected to obtaining the Evaluation; the name, license number, and contact details of the Licensed Health Care Provider you select; the verification number for the Evaluation, as well its effective date and expiration; and, the details of any Services used or orders placed through the Elevation Platform.
MetaData: Information about your computer and about your visits to and use of the Elevation Platform or Services (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths.
Communications: Information contained in or relating to any communication that you send to us or send through the Elevation Platform or in connection with the Services (including the communication content and metadata associated with the communication).
Payment Information. In addition, when you order products or services through the Services, Elevation, or a third party PCI compliant payment processor, may collect your credit/debit card information. This information is secured using industry-standard encryption technology in the applicable payment processor system. To the extent Elevation has access to this information it will use this information solely to complete your order and will not share this information with outside parties other than the payment processor, except to the extent necessary to complete the order or comply with applicable law.
We may use publicly available sources outside of the Elevation to verify or supplement the information you give us. For example, we may obtain address updates from the U.S. Postal Service or demographic information from direct marketing companies. We use this data to help us maintain accurate records and to improve the products and services that we deliver to you.
2. Using Personally Identifiable Information
- i. enable your use of the Elevation Platform or Services;
- ii. send you marketing communications, including information relating to the businesses of carefully-selected third parties which we think may be of interest to you, such as electronic newsletters, marketing material, special offers, promotional materials;
- iii. process transactions or provide you with information on behalf of third parties regarding available products, services, events;
- iv. provide customer support;
- v. identify your product and service preferences so that you can be informed of new or additional products, services and promotions;
- vi. personalize your experience (your information helps us to better respond to your individual needs);
- vii. improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
- viii. administer a contest, promotion, survey or other site feature;
- ix. send periodic emails;
We may disclose your Personally Identifiable Information to your selected Licensed Health Care Provider when you make an appointment or elect to receive an Evaluation in the Services.
We may disclose your Personally Identifiable Information to the extent that we are required to do so by law, or in connection with any ongoing or prospective legal proceedings.
3. Disclosing Personally Identifiable Information
We may disclose your Personally Identifiable Information to your selected Licensed Health Care Provider when you make an appointment or elect to receive an Evaluation in the Services.
We may disclose your Personally Identifiable Information to the extent that we are required to do so by law, or in connection with any ongoing or prospective legal proceedings.
Any information, including personally identifiable information, that you voluntarily choose to include in a publicly accessible area of the Services will be available to anyone who has access to that content, including other users.
We may disclose information to third parties, including the third party cannabis dispensary, collective, or delivery service (collectively “Third Party Service Providers”), with whom we may jointly offer products or services, or whose products or services may be offered on our Elevation Platform or through the Services. You can tell when a Third Party Service Provider is involved in a product or service you have requested because their name will appear, either alone or with ours. If you choose to access these optional third party services or communicate with these Third Party Service Providers, we may share information about you, including your personal information, with those Third Party Service Providers . Please note that we do not control the privacy practices of these third-parties.
We make certain automatically collected and other aggregate non-personally-identifiable information available to third parties, to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Services.
We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect Elevation and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Services; to protect the rights, property, or personal safety of, Elevation, our users, or others, or as otherwise required by law. In such cases, we reserve the right to raise or waive any legal objection or right available to us.
If you were referred to the Elevation Platform from another site (for example, through a link you clicked on another site that directed you to this one), we may share some information about you with that referring website. We have not placed limitations on any referring website’s use of your personal information and we encourage you to review the privacy policies of any website that referred you here.
We may share your personal information in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
4. User Warranties
User is responsible for truthful, accurate information, which is provided to us. If the provided information is false, we may disable the user’s account.
5. Tracking Technologies
Cookies Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Elevation Platform. This type of information is collected to make the Elevation Platform more useful to you and to tailor the experience with us to meet your special interests and needs. You can typically remove and reject cookies from our Elevation Platform with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Elevation Platform works for you. Please note that if you delete, or choose not to accept, cookies from the Services, you may not be able to utilize the features of the Services to their fullest potential.
Third Party Web Beacons. In addition to Cookies, we use tracking technologies such as beacons, browser fingerprinting, tags, and scripts, to analyze trends, administering the website, track users’ movements around the Elevation Platform, and to gather demographic information about our user base as a whole, to prevent fraudulent activity, to improve security or to allow you to make use of Service functionality; to assess the performance of the Services, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Services. Tracking Technologies may set, change, alter or modify settings or configurations on your computer, or mobile or other device. Third parties may also use Tracking Technologies in connection with our Services, which may include the collection of information about your online activities and across third-party web sites or online services. We do not control those Tracking Technologies and we are not responsible or liable for them.
Mobile Device Information We do not access or store information that you have saved on your mobile device such as contacts and appointments. However, in order to provide the Services, the Elevation Platform may interact with some features on your mobile device, such as your GPS locator. In such case, we will ask for your consent with respect to identifying your location.
Automatically Collected Information When you use the Services or open one of our HTML e-mails, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the Services, the pages you view on the Services, and the dates and times that you visit, access, or use the Services. This information is gathered for all users. We also may collect information about your online activity, such as pages viewed. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud.
Mobile Application Information. We collect information about the Mobile Application functionality that you access and use. This allows us to identify those areas of the Mobile Application that are of interest to our customers so that we can refine and continuously improve the Mobile Application. The information we collect for this purpose does not enable us to directly identify you. The Mobile Application also sends us the device’s unique identifier (or “UID”), a sequence of numbers or characters that are unique to your mobile device. We use this only on the first opening of the App so that we can confirm to our advertising networks the number of downloads resulting from clicks on their respective ad banners and other marketing tools. The Mobile Application will also send us error-reporting information in the event that it crashes or hangs. This enables us to investigate the error and to improve the stability of the Mobile Application for future releases. As part of these error reports, the Mobile Application sends us information about the mobile device type and version, the UID, the time the error occurred, the feature being used and the state of the application when the error occurred. We do not use this information for any purpose other than investigating and remedying the error. You can exercise control over what information the Mobile Application sends to us either by changing the settings of the Mobile Application under its setting menu or changing the settings of your mobile device.
6. Do Not Track Mechanism
We do not track our Customers /Users over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, different browsers allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.
7. Third Party’s Elevation Platforms and Services
Our Services may facilitate interaction between the Services and your account on a third-party website and/or application, such as a Third Party Service Provider, a Licensed Health Care Provider, a medical cannabis delivery service website, or a medical cannabis collective website. The third-party operator may be involved by providing certain Personally Identifiable Information to us. We may provide third-party site interfaces or links on the Elevation Platform or Services to facilitate your sending a communication from there. We use and collect this information in accordance with this PP. The Service may include functionality that allows certain kinds of interactions between the Service and your account on a third-party web site or application, such as a medical cannabis cooperative, collective, or delivery service’s website. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, we may provide third-party sites’ interfaces or links on the Service to facilitate your sending a communication from the Service. Elevation may at its sole discretion collect and use this information as Personal Information.
8. Information Provided by Third Parties
We may receive information about you from any third parties, including, but not limited to a medical cannabis collective’s website, users of the Services, affiliates and other, that we consider relevant to your use of the Services. We collect and use this information as Personal information at our sole discretion.
9. Information About Location
In order to verify your location, provide relevant data based on location, share it with service providers, we may use location based services to determine your location. After you give us permission, we will provide third parties (who we work with) access to your location information.
10. Children Online Privacy Protection Act (COPPA) Compliance
The features, programs, promotions and other aspects of our service requiring the submission of personally identifiable information are not intended for anyone under 18 years of age. We do not knowingly collect personally identifiable information from children under the age of 18 other than minor children receiving the service through registration by their parent or legal guardian. If you are under 18 then you may not use or access our website or services at any time or in any manner. If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed personally identifiable information to us please contact us at [email protected]. A parent or guardian of a child under the age of 18 may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.
11. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Compliance
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is federal legislation that created national standards to protect the privacy of patients’ medical records and other personal health information. HIPAA Safeguards: The HIPAA Privacy and Security Rule establish standards to protect the privacy and security individuals’ medical records and other personal health information. We implement appropriate safeguards to protect the privacy and security of personal health information, and set limits and conditions on the uses and disclosures that may be made of such information without patient authorization.
12. Security of Personally Identifiable Information
We use reasonable physical, technical and administrative safeguards consistent with standard industry practice to prevent the loss, misuse or alteration of your Personally Identifiable Information. These include the safeguards noted below. We will store all the Personally Identifiable Information you provide on our secure (password- and firewall-protected) servers.
Confidentiality: We restrict access to Personally Identifiable Information collected about you on the Elevation Platform to select employees, licensees, consultants, service providers, or others who need to know that information to provide services to you or in the course of conducting our normal business operations. We also advise them about their responsibility to protect Customer data and we provide them with appropriate guidelines for adhering to our company’s business ethics standards and confidentiality policies. If you are a former customer, we protect your information in the same manner that we treat information about our current customers.
Password: To provide you with an increased level of security, we utilize password security measures. Online access to your Personally Identifiable Information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls, or email messages).
Encryption: When you interact on the Elevation Platform or otherwise through the Services, your Personally Identifiable Information is transmitted through the Internet using Secure Socket Layer (SSL) technology. SSL technology causes your browser to encrypt your Personally Identifiable Information before transmitting it to our secure server. Encryption is the translation of data into a secret code. Once the data resides on our servers, the data remains encrypted. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your Personally Identifiable Information.
14. Updating information
Please let us know if the Personally Identifiable Information that we hold about you needs to be corrected or updated. Please contact Customer Service for detailed instructions and assistance.
15. Links to other Elevation Platforms
You may encounter links to other websites of service providers not directly affiliated with us. Please be aware that we are not responsible for the information practices of external service providers. We recommend you review the privacy statements of each external websites that collects Personally Identifiable Information.
16. Opt Out