Elevated Careers, LLC Terms of Use

Effective Date: March 1, 2023

Last Updated: May 21, 2024

These Terms of Use (the “Terms”) describe the terms and conditions governing your use of www.elevated.careers (the “Site”), and any and all services, data, software, applications and tools (collectively, the “Services”) provided by Elevated Careers, LLC’s (“Elevated Careers,” “we,” “us”, or “our”) offering of 1:1 coaching sessions, free tools, and the Career Change Accelerator.

It is important to us that you, and our other visitors, have a special experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations.

By using the Site and our Services, or by clicking to accept or agree to these Terms, you accept and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use any portion of the Services. These Terms contain provisions that govern how claims between you and us are resolved (see Section 7 below).

You must be at least 18 years old to use the Services. By using or attempting to use the Services, you warrant that you are of legal age and are in compliance with these Terms. If you do not meet these requirements, do not use any portion of the Services

Terms of Use Highlights

You Accept These Terms

Each time you access and/or use the Site and/or Services, you agree to be bound by these Terms and any additional terms that will apply to you, prospectively.

US Residents: Binding Arbitration of All Disputes; No Class Relief

For US Residents, any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.

Payments, Subscriptions and Cancellations

You will honor your payment obligations for services you purchase on the Site. For recurring charges applicable to your subscription, you agree that third-parties working on our behalf may store your payment information to process the payments. Elevated Careers has the discretion to alter prices of its services and the features offered as a part of those services at any time. You understand that additional fees and taxes may apply to your purchase. You may cancel or suspend your subscription anytime by using the “Cancel My Subscription” link in the Billing tab of your Account Dashboard. Please refer to our Cancellations section for more information. Elevated Careers does not guarantee refunds.

Copyrights and Trademarks

You may not use, copy, reproduce, republish, upload, display, post, transmit, distribute, or license any content on this Site without Elevated Careers’ authorization or except as explicitly permitted in these Terms.

Disclaimer of Warranties

To the extent permitted by law, we disclaim any and all warranties and conditions and provide the Site “As is.”

Limitation of Liability

Our liability is limited in accordance with these Terms.

Collection of Information

You understand and agree that we will operate our Site and contact you and third parties at your request. You agree that we can use the information as long as you have an account for the time and reasons outlined in our Privacy Policy, incorporated herein.

Contact

Questions about our Terms may be sent using this Contact form or as otherwise set forth in the Terms.

 

Full Terms of Use

1. You Accept These Terms

If you do not agree with any of these Terms, including our Privacy Policy, please do not use this Site or any of the Services. By using this Site and/or the Services, you agree to be bound by these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding the use of this Site, unless otherwise expressly stated.

2. Updates and Modifications to Terms

(a) Elevated Careers reserves the right to change these Terms at any time. Please note that these Terms may be revised and reissued, with changes taking effect immediately when posted on the Site. You consent and agree to receive notices of updates of these Terms through our posting of updated terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site and/or Services after any change of these Terms constitutes your acceptance of such changes. If you do not agree to any of the changes, your sole remedy shall be to discontinue use of the Website and/or Services.

(b) Service. Elevated Careers may make changes to the Service at any time, without notice. If you object to any changes to the Service, your only recourse will be to cease using it. Continued use of the Service following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Service as modified. Some elements of the Service may only be offered in the desktop version of the Site and may not be, for example, available in the mobile version of the Site. We also reserve the right to discontinue the Service or any component of it, at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service.

(c) Paid subscriptions. Please note that by purchasing a paid subscription services with us, in the event we change the price for the services which you have previously agreed to pay or if we substantially change the services you are paying for, we will notify you of such changes as contemplated in Section 2(a) or by sending you an email notification.  Any changes will become effective as of, and reflected on, your next scheduled payment. If you do not agree with such changes, you may cancel your paid subscription by communicating with us in accordance with the Cancellation section below. 

(d) Additional Terms. In addition, certain features of the Service may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such area conflict with these Terms, the Additional Terms will govern.

3. Legal Capacity

By accessing the Services, you represent and warrant that you (i) are over the age of eighteen (18) and/or over the legal age of majority under applicable law in the jurisdiction in which you reside to form a binding contract with Elevated Careers, (ii) agree to at all times abide by these Term, and (iii) meet all of the eligibility requirements to register an account (“Account”) and use the Website and Services. If you do not meet all of these requirements, you must not access the Site and/or use, order, or receive any of the Services.

4. Accounts; The Information You Give Us Must be Correct

To access this Site or the Services, you may be asked to provide registration details in order to set up an Account. When you create an Account or provide career information on or through the Site, you agree that you are solely responsible for the accuracy of your User Content (as defined below). You further understand that we may keep and use data in various ways as outlined in these Terms and the Privacy Policy. You understand and agree that we may offer information that we may consider is of interest to you. You acknowledge that you have no ownership rights in your Account or an email account you might register with us. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If Elevated Careers believes the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your Account. All information provided through your Account will be utilized by us in accordance with the terms set forth in our Privacy Policy.

Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any) for your Account. Elevated Careers shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Elevated Careers considers insecure, Elevated Careers will be entitled to require this to be changed and/or terminate your account. Elevated Careers does not authorize shared Accounts. You may not invite or authorize other third parties to share your Account.

5. Your Content and Your License to Us

As a Registered User you may upload, post, share, reframe, transmit or otherwise make available (“Make Available”) your User Content through the Service. “User Content” means, without limitation, your Account information, resume, career history, educational history, reviews, responses, profile entries, posts, questions, career materials, testimonials, submissions, photos, pictures and/or any other information you provide on or through the Service or that we may create for you. When you create an Account or provide career information on or through the Service (including via forms available on the Site or by uploading a resume) you agree that you are solely responsible for the accuracy of your User Content. You agree that Elevated Careers may offer information that is of most interest to you.

For clarity, you retain ownership of your User Content at all times. However, by posting, uploading and/or Making Available any User Content within the Service, and/or by providing any communication or material to Elevated Careers, you automatically:

(a) Grant Elevated Careers a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable through multiple tiers, and transferable, license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Elevated Careers' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (now known or later developed). We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that Content to any requirements or limitations within the Service, or of any networks, devices, services or media.  You also hereby grant each user of the Service a non-exclusive license to access your public User Content, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. To the extent permitted by applicable law, (i) the above licenses granted by you in User Content you submit to the Service will survive even if you remove or delete your User Content from the Service and, (ii) the above licenses granted by you in forum comments, testimonials or submissions you submit are perpetual and irrevocable. Except with respect to your User Content, you agree that you have no right or title in or to any other content or Materials (see Section 11 below) that appears on or in the Service, including, but not limited to any information associated with another Account or user profile or stored on or in the Service.

(b) To the extent permitted by applicable law, waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

(c) Appoint Elevated Careers as your agent with full power to enter into any document and/or do any act Elevated Careers may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

(d) Warrant that you are the owner of the User Content and entitled to enter into these Terms and that the User Content does not infringe the proprietary or privacy rights of any third party;

(e) Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Elevated Careers shall not be liable for any use or disclosure of such User Content.

(f) Agree and understand that your User Content is subject at all times to our Acceptable Use Policy (see Acceptable Use Policy Section).

6. Payments and Subscriptions.

If you purchase any services that Elevated Careers offers for a fee, either on a one-time or on a subscription basis, you agree that Elevated Careers’ third-party vendors may store your payment information. You also allow Elevated Careers, through such third-party vendors, to use your payment method on file to process your subscription recurring charges and to process un-scheduled purchase transactions made by you through the Site. You also agree to pay the applicable fees for the services you order (including, without limitation, periodic fees for monthly or annual subscriptions, or any additional administrative charge that may be applied) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.

Any recurring charge will be fixed at the price agreed to at the time of purchase. The specific billing terms for the services you order will be described on the offer page on the Site. When you sign up for automatic or recurring billing, you will be again notified of the billing terms and how to stop recurring billing on your transaction receipt. By signing up for Elevated Careers services with recurring billing, you will be deemed to agree to those billing terms as described specifically on the Site. In the event that your payment method does not successfully process you authorize us to complete a partial payment of the available balance on your card. The remaining balance will be charged on a separate transaction either to the same card or any other card on file.

Elevated Careers offers certain premium services such as Resume Reviews, Cover Letter Reviews, LinkedIn Profile Reviews and Career Coaching, which may not be included in the cost of Elevated Careers’ basic subscription services. Failure to pay for these premium services, if purchased, may result in the termination of your subscription. Also, trial offers may give you access to certain limited services and include one download, print or email only, with additional downloads, prints, or emails charged separately, during the trial period. Please read your trial offer carefully.

Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices, because of exchange rates. Your transaction may also be subject to foreign currency exchange fees assessed by your bank or card issuer. Elevated Careers is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer. Elevated Careers does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your Account or the applicable service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the subscription period until you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.

Elevated Careers has the discretion to alter prices for services at any time, subject to the notification terms as governed by Section 2 of these Terms.

7. Cancellations & Refunds.

You may cancel or suspend your subscription anytime by using the “Cancel My Subscription” link in the Billing tab of your Account Dashboard. Elevated Careers will send an email to confirm any cancellation request. If you do not receive this confirmation and still wish to cancel, please contact our customer service department directly for further assistance using this Contact Form. Client agrees to grant our team a reasonable period of time to troubleshoot and provide a solution before a refund is granted. No refunds will be granted for any issues that relate to aesthetics or customization within our tools. Due to the fact that our subscriptions are self-serve and you have the ability to cancel at any time, we do not offer refunds for subscription payments that have already occurred.

Notice to the European Union residents:

Due to the nature of the Services, by accepting these terms you agree to the immediate delivery of the Services and related digital content and you understand that you lose your right to withdraw from these Terms.

You acknowledge that any services that you purchase are subject to these Terms and any additional terms related to the provision of any product or service.

We do our best to describe every product or service offered on the Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content provided as part of the Services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Elevated Careers shall have the right to refuse or cancel any orders in its sole discretion. Additional terms may apply.

8. Deletion or Deactivation of User Content and/or your Account.

You may request that we delete resumes and cover letters by using the option in your User Dashboard. You may deactivate or delete your Account also by using the option in your User Dashboard.  When you deactivate or delete your public User Content or Account, your resume or profiles will no longer be visible within the Services. When you deactivate or delete your Account and/or User Content, we will retain logs and non-personally identifiable information about you along with an archival copy of your information, which is not accessible by you or third parties within the Services but which might be used for recordkeeping and internal legitimate business purposes. You also agree and understand that some of the content that we may create for you may not be able to be deleted once uploaded to the extent permitted by applicable law. 

You further understand that Elevated Careers may keep and use data in various ways as outlined in these Terms and in the Privacy Policy. If you request that your User Content be deleted by us, it will no longer be publicly available and to the extent permissible by law, we will take all reasonable steps to delete it. Elevated Careers has no obligation to maintain any Account you open and may delete it if you violate these Terms as determined in Elevated Careers’ sole and absolute discretion (please see also our Acceptable Use Policy section).

Disclaimer. Elevated Careers does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Elevated Careers expressly disclaims any and all liability in connection with User Content. Elevated Careers does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Elevated Careers will remove User Content if properly notified that such User Content infringes on another's intellectual property rights (please refer to our Trademark and Copyright section). Elevated Careers reserves the right to remove User Content without prior notice.

9. Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR COLLATERAL. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, ELEVATED CAREERS AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF ELEVATED CAREERS (THE “ELEVATED CAREERS GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ELEVATED CAREERS GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ELEVATED CAREERS GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ELEVATED CAREERS GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE ELEVATED CAREERS GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

10. Limitation of Liability

THE ELEVATED CAREERS GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE ELEVATED CAREERS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE ELEVATED CAREERS GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF THE ELEVATED CAREERS GROUP IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, THE ELEVATED CAREERS GROUP’S CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS SHALL NOT EXCEED (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) USD $100

11. Binding Arbitration of All Disputes; No Class Relief.

You and Elevated Careers agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be resolved in accordance with the provisions set forth in this Section 7. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ELEVATED CAREERS HAVE AGAINST EACH OTHER ARE RESOLVED

To the fullest extent permissible by law, with the exception of disputes pertaining to Elevated Careers’ intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Elevated Careers arising under these Terms shall be resolved exclusively through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the internet industry and shall follow New York substantive law in adjudicating the dispute, except that this Section 8 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 7 satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Elevated Careers. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or based solely on written submissions, which election shall be binding on you and Elevated Careers, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Legal notices shall be served on Elevated Careers’ national registered agent (in the case of Elevated Careers) or your email address on file with us (in your case). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address you have on file with us. In such cases, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

12. Trademarks and Copyrights

This Site and materials incorporated by Elevated Careers on this Site, including data files, program files, software, codes and other materials that are made available to download from this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the trademarks, trade names, characters, logos or other images incorporated by Elevated Careers on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Elevated Careers or others (“Trademarks”). Elevated Careers respects the intellectual property rights of others and asks users of this Site to do the same. The use or misuse of the Copyrights or Trademarks, except as permitted herein, is prohibited and nothing stated or implied on the Site confers on you any license or right to the Trademarks, Copyrights, moral rights, information or other intellectual property rights (whether or not registered) of Elevated Careers or any third party.

As copyright holders ourselves, we respect copyright holders’ rights and will quickly respond to any claims of copyright infringement reported on the Services. If you find anything on the Services that you believe infringes your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement to us at [email protected] with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
• Your contact information, including your address, telephone number, and an e-mail address;
• A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to us with the following written information:

• A physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which BattleHive may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

13. Your Use of Material

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.

You may copy, access, download and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless specifically authorized by Elevated Careers. Any authorization to copy or download Material granted by Elevated Careers in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

14. Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF THE ELEVATED CAREERS GROUP OR CONTENT PROVIDED BY ELEVATED CAREERS. ANY CONTENT POSTED ON THE FORUMS MAY BE CONSIDERED PUBLIC INFORMATION AND YOU AGREE THAT ALL CONTENT YOU POST IN THE FORUMS IS DONE SO AT YOUR OWN RISK. ELEVATED CAREERS DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF ELEVATED CAREERS. ELEVATED CAREERS MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ELEVATED CAREERS' SOLE DISCRETION BUT IS UNDER NO OBLIGATION TO DO SO. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

15. Invited Submissions

From time to time, areas on this Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise (“Invited Submissions”'). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content or submissions that you submit to the Site.

If you provide Invited Submissions, you grant Elevated Careers a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Invited Submissions in any way and for any purpose without providing any compensation to you or any other person. You also grant Elevated Careers the right to use the name you submit with Invited Submissions, if any, in connection with Elevated Careers’ rights hereunder.

16. User Content

Your Account information, resume, career history, educational history, reviews, responses, profile entries, posts, questions, career materials or any other information you provide on or through the Site or that we may create for you may not be able to be deleted once uploaded. We may use the public content to develop products, make connections with potential employers, personalize Site views, market products or identify or feature popular members. By posting or uploading any content to this Site, including personal account information and resume information and/or providing any communication or material to Elevated Careers (“User Content”), you automatically and irrevocably:

(a) Retain ownership of your User Content, and grant and assign to Elevated Careers and any employer to which your User Content is provided a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Elevated Careers and/or by any person authorized by Elevated Careers, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

(b)Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

(c)Appoint Elevated Careers as your agent with full power to enter into any document and/or do any act Elevated Careers may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

(d)Warrant that you are the author and/or owner of the User Content and entitled to enter into these Terms and that the User Content does not infringe the proprietary or privacy rights of any third party;

(e)Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Elevated Careers shall not be liable for any use or disclosure of such User Content.

17. Deletion or Deactivation of User Content/Account

You may request that we delete resumes by logging into your Account and clicking on the "My Account" and deleting existing resumes. Your User Content can only be deleted from public view by deactivating or deleting your Account on the Site. When you deactivate your Account or ask that we delete your User Content on the Site, we will retain logs and non-personally identifiable information about you along with an archival copy of your information, which is not accessible by you or third parties but which might be used for recordkeeping and internal purposes.

18. Our Community and Our Acceptable Use Policy

This section provides the acceptable use policy ("AUP") which defines acceptable practices relating to the use of the Service, including limitations on User Content, system abuse and security.  The Service must be used in a manner that is consistent with the intended purpose of the Service and the terms of the applicable agreement with Elevated Careers, including our Terms.  By using the Service, you consent to be bound by the terms of this AUP. If you do not agree with anything in this section, you must discontinue use of the Service. For purposes of this section, “Elevated Careers” includes all of Elevated Careers’ affiliates, including direct and indirect subsidiaries.

(a) Summary of Generally Prohibited Conduct.  You will not use the Service to transmit, distribute or store material in a manner that: (i) violates any applicable law or regulation; (ii) may adversely affect the Service or other Users; (iii) may expose Elevated Careers to criminal or civil liability, or (iv) violate, infringe upon or otherwise misappropriate any third-party rights, including intellectual property rights, rights of publicity and privacy rights.  You are prohibited from facilitating the violation of any part of this section or applicable third-party policies, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this section or another Elevated Careers' policy.

(b) Responsible Use of Site. Please act responsibly when using this Site. You may only use this Site and its Services for lawful purposes and in accordance with the Terms and applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not Elevated Careers, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.

(c) Content Limitations. In using the Site and/or Services, you shall not post resumes, send e-mails or submit to or publish through forums available on the Site, or otherwise make available on this Site any content, or act in a way, which in our opinion:

• Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
• Violates any law or may be considered to violate any law;
• You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
• Advocates or promotes illegal activity;
• Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• Solicits funds, advertisers or sponsors;
• Includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
• Copies any other pages or images on this Site except with appropriate authority;
• Amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amounts of data which are only linked from other sites);
• Disobeys these Terms and/or any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
• Contains links to other sites that contain the kind of content, which falls within the descriptions set out above.

In addition, you are prohibited from:

• Removing any sponsorship banners or other material inserted by Elevated Careers anywhere on this Site (e.g., on any web space made available for your use);
• Uploading or transmitting any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
• Engaging in abusive treatment of other users of the Services or any Elevated Careers employee;
• Creating a false identity for the purpose of misleading others or impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Deleting any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
• Uploading or transmitting any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
• Deleting or revising any material posted by any other person or entity;
• Registering, subscribing, attempting to register, attempting to subscribe, unsubscribing, or attempting to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
• Copying, reproducing, reverse engineering, modifying, decompiling, disassembling or otherwise attempting to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Services without the prior express written permission and the appropriate third party, as applicable;
• Commercializing all or any part of the Services;
• Using any modified versions of Services, for any reason whatsoever, without the express written consent of Elevated Careers;
• Taking any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services;
• Attempting to gain any unauthorized access to the Site or the Services, including computer systems, software, or networks; or
• Doing anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace

(d) System Abuse.  Without limitation, you agree not to:

• Send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person;
• Copy, display, distribute, duplicate, aggregate, redistribute, alter or modify, any of the content available within the Service, or User Content in any medium, or to any other individual or entity, other than as may be reasonably necessary to use the Service for their intended purpose;
• Use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce content within the Service and/or the Service itself;
• Use or copy the Service including any data you view on and/or obtain from the Service to provide any product or service that is competitive to the Service determined in Elevated Careers' sole discretion;
• Interfere with, interrupt, destroy or limit the functionality of the Service or any computer software or hardware or telecommunications equipment;
• Use the Service in any manner that could damage, disable, overburden, or impair any Elevated Careers’ server, or networks connected to any Elevated Careers’ server, or interfere with any other party’s use and enjoyment of the Service;
• Gain unauthorized access to the Service, other accounts, computer systems or networks connected to any Elevated Careers’ server or to the Service, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
• Reverse engineer, decompile or disassemble any software accessed through the Service, including any proprietary communications protocol used by Elevated Careers;
• Use information obtained from the Service to transmit any commercial, advertising or promotional materials without Elevated Careers’ written permission and except as expressly authorized by Elevated Careers, advertise or offer to sell or buy any goods or services for any purpose;
• Provide any contact information which is not current and accurate, impersonate or create a false identity or falsify any information;
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service, or other user or usage information or any portion thereof;
• Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; or
• Reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Service.

(e) Violation of Security Systems.  You are prohibited from using any services or facilities provided in connection with the Service to compromise its security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Elevated Careers reserves the right to release your details to system administrators at other sites or to law enforcement in order to assist them in resolving security incidents.

(f) Responsibility for Content. Elevated Careers takes no responsibility for any material created or accessible on or through the Service and will not exercise any editorial control over such material.  Elevated Careers is not obligated to monitor such material, but reserves the right to do so.

You acknowledge that Elevated Careers has no obligation to pre-screen User Content, although Elevated Careers reserves the right in its sole discretion to pre-screen, refuse or remove any User Content.  By entering into these Terms, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content, including without limitation videos, comments, any chat, text, or voice communications that may be facilitated through the Service.  In the event that Elevated Careers pre-screens, refuses or removes any User Content, you acknowledge that Elevated Careers will do so for Elevated Careers’ benefit, not yours.  Elevated Careers may provide you with tools to flag User Content, however, Elevated Careers makes no promises or representations regarding removal of flagged User Content

Elevated Careers reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or Account. Elevated Careers may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy or applicable law, Elevated Careers reserves the right at all times to disclose any information as Elevated Careers deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Elevated Careers’ sole discretion. You also agree to reimburse Elevated Careers for any damage, loss, cost or expense Elevated Careers incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Services for any unlawful or prohibited purpose.

YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE ELEVATED CAREERS GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ELEVATED CAREERS GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE ELEVATED CAREERS GROUP OR LAW ENFORCEMENT AUTHORITIES.

19. Release

If you have a dispute with one or more users (including merchants), you agree that such dispute is solely between you and such user and to release the Elevated Careers Group from any and all claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown), arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

20. Indemnity

You agree to indemnify and hold harmless Elevated Careers and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from (i) your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, (ii) your placement or transmission of any content onto Elevated Careers’ servers, including, without limitation, any allegation that any User Content or other materials you submit to us or transmit to the Site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party (iii) any and all use of your Account, (iv) your improper use of the Services and/or activities in connection with the Site, (v) termination of your access to the Site and/or Services, or (vi) your breach of any federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

21. Reservation of Rights

Elevated Careers reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and Services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

22. Third-Party Sites

This Site may link you to other sites on the Internet or provide third-party content through the Services solely as a convenience to you. You acknowledge that these other sites are not under the control of Elevated Careers, and you acknowledge that Elevated Careers is not responsible for the accuracy of information or any other content of such sites. The content on third-party websites is the sole responsibility of the owner or operator of the linked website. The inclusion of such a link does not imply endorsement of any site by Elevated Careers or any association with its operators. Elevated Careers does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties. Any and all use and/or access to information provided by a third-party website is done solely at your own risk.

23. Choice of Law

With the exception of Section 7 which will be construed in accordance with the FAA, to the fullest extent permitted by the applicable jurisdiction, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York.

24. Notice for California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

25. How To Contact Us

This Site is controlled and operated by Elevated Careers. Please forward any comments or complaints about the Site to [email protected]. Please forward any questions regarding privacy to [email protected] and other legal matters to [email protected].

26. General

These Terms and all terms and policies posted through our Services (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement between you and Elevated Careers relating to your use of our Services, and supersede all prior understandings and agreements between us. You consent to receive notice by email to the address provided at registration. If any provision of the Terms is held to be invalid, void, or unenforceable under any circumstances, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms. Any waiver of any provisions contained in these Terms by Elevated Careers shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved. Elevated Careers may assign or transfer our rights and obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of Elevated Careers, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms, your use of the Services, or our provision of the Services. You may not enter into any contract on our behalf or bind us in any way. The terms and conditions set forth in these Terms are for your benefit only and not for the benefit of any third party except for Elevated Careers’ permitted successors and assigns. By using the Site, you expressly agree to the governing law and venue provision of these Terms, irrespective of the state or country in which you reside.