Acceptance of These Terms
These Terms of Service, together with our Privacy Policy, form a binding agreement between you and Elevated Path ventures LLC, doing business as ElevatePath. By accessing our website at https://www.elevatepath.lol or by engaging us for services, you agree to be bound by these terms. If you do not agree to these terms, please do not use our website or services.
If you are using the website or services on behalf of an organization, you represent that you have the authority to bind that organization to these terms. In that case, the terms you and your refer to both you and the organization you represent.
Please read these terms carefully. They contain important provisions about your rights, our rights, and the limits of our liability. We recommend that you keep a copy of these terms for your records, and that you review the separate agreement for each engagement before work begins.
Definitions
For the purposes of these terms, the following definitions apply. The term Company refers to Elevated Path ventures LLC and its ElevatePath brand. The term Services refers to the computer systems design, computer integrated systems design, integration, data, migration, and support services we offer, as well as the content and functionality of this website.
The term Client refers to any individual or organization that engages us for services or uses our website. The term Content refers to any text, data, code, documents, graphics, or other materials submitted to us or made available through the Services.
The term Website refers to https://www.elevatepath.lol and all pages, subdomains, and features made available through that domain. Other capitalized terms used in these terms have the meanings given to them elsewhere in this document.
About Our Services
ElevatePath provides computer systems design and computer integrated systems design services. Our work includes planning technical architectures, integrating existing tools and platforms, modeling and migrating data, modernizing legacy systems, and providing ongoing monitoring and support.
The specific scope, deliverables, timeline, and fees for any engagement are described in a separate written proposal, statement of work, or agreement between you and the Company. To the extent that any such agreement conflicts with these terms, the terms of the specific agreement will govern with respect to that engagement.
We may update, modify, or discontinue any part of the Services at any time without prior notice. We will make reasonable efforts to communicate material changes that could affect an ongoing engagement, and we will always honor the terms of any agreement already in effect for that engagement.
Eligibility
By using our website or services, you represent that you are at least 18 years of age, or the age of majority in your jurisdiction, and that you have the legal capacity to enter into a binding agreement.
Our website and services are not directed to individuals under the age of 13, and we do not knowingly provide services to individuals under that age. If you are under the age of majority, you may use the Services only with the involvement and consent of a parent or legal guardian.
You further represent that you are not located in a jurisdiction where the use of the Services is prohibited by law, and that you will comply with all applicable laws and regulations in your use of the Services.
Accounts and Responsibilities
Certain parts of our services may require you to provide information or to create an account. You agree to provide accurate, current, and complete information, and to keep that information up to date. You are responsible for maintaining the confidentiality of any credentials associated with your account.
You are responsible for all activity that occurs under your account, and you agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss arising from unauthorized use of your account where you have failed to keep your credentials secure.
You agree not to share your account credentials with any third party and not to attempt to access any account, system, or data that you are not authorized to access.
Acceptable Use
You agree to use the website and services only for lawful purposes and in a manner consistent with these terms. You agree not to use the website or services in any way that violates applicable law, infringes the rights of others, or interferes with the operation of our systems.
You agree not to attempt to gain unauthorized access to our systems or networks, not to introduce malicious software, not to attempt to disrupt or degrade the performance of the website, and not to scrape, harvest, or collect data from the website in a manner that is not authorized.
You agree not to misrepresent your identity or your affiliation with any person or organization, and not to use the website to transmit any content that is unlawful, defamatory, harassing, or otherwise objectionable. You also agree not to use the Services in a way that would impose an unreasonable load on our infrastructure or interfere with other users of the website.
We reserve the right to investigate any suspected violation of this section and to take reasonable steps to protect our systems and our other clients, including suspending access where appropriate. If you notice misuse of the website, we ask that you report it to us promptly.
Intellectual Property
The website and its content, including its design, layout, text, graphics, logos, and software, are owned by or licensed to the Company and are protected by applicable intellectual property laws. The name ElevatePath and related branding are the property of the Company.
Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the website for your personal or internal business purposes. This license does not permit you to reproduce, modify, distribute, or create derivative works from the website without our prior written consent.
Nothing in these terms grants you any right, title, or interest in our intellectual property except the limited right to use the website as expressly described here. All rights not expressly granted are reserved. Any feedback or suggestions you provide may be used by us to improve the Services without any obligation of compensation to you.
Client Content and Licenses
You retain ownership of the content, data, and materials you provide to us in connection with the Services. By providing such content, you grant us a limited, non-exclusive license to use, reproduce, and process that content solely as necessary to provide the Services to you and to fulfill our obligations under our agreement with you.
You represent and warrant that you own or have the necessary rights and permissions to provide any content you submit to us, and that such content does not infringe the rights of any third party or violate any applicable law.
We will not use your confidential content for any purpose other than providing the Services, except as required by law or as authorized by you in writing. Upon termination of an engagement, we will return or delete client content as described in our agreement with you.
Fees and Payment
The fees for our services are set out in the written proposal or statement of work agreed between you and the Company. Unless otherwise stated in that agreement, fees are payable according to the schedule described in the agreement, and all amounts are stated in United States dollars.
If applicable taxes are required by law, they will be added to the amounts charged. Late payments may be subject to interest or suspension of services as described in the applicable agreement. You are responsible for providing accurate billing information and for keeping it current.
Any fees paid for services are non-refundable except as expressly provided in the applicable agreement or as required by law. We reserve the right to modify our pricing at any time, provided that changes will not affect engagements already under contract. Questions about an invoice should be raised promptly so that we can resolve them before they affect your account.
Confidentiality
During the course of our engagement, each party may disclose confidential information to the other. Confidential information includes non-public business, technical, financial, and operational information, whether disclosed in writing, orally, or through access to systems.
Each party agrees to use the confidential information of the other only for the purpose of performing its obligations under the engagement, and to protect that information using at least the same degree of care it uses to protect its own confidential information of similar importance.
Confidentiality obligations do not apply to information that is or becomes publicly known without breach, that is independently developed, or that is rightfully received from a third party. Nothing in this section prevents disclosure required by law, provided reasonable notice is given where permitted.
The duty to protect confidential information continues after an engagement ends and survives the termination of these terms. Each party will return or securely destroy the confidential information of the other when the engagement concludes, subject to any retention required by law or by our recordkeeping obligations.
Warranties and Disclaimers
The website and services are provided on an as is and as available basis. To the fullest extent permitted by law, the Company disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the website will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected. We do not warrant that the results obtained from the use of the services will be accurate or reliable for your particular circumstances.
You understand and agree that your use of the website and services is at your own discretion and risk, and that you are solely responsible for any damage to your systems or loss of data that results from such use. We recommend that you maintain your own backups of any data that is important to you.
Limitation of Liability
To the fullest extent permitted by law, the Company, its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, or business interruption, arising out of or related to your use of the website or services.
The total aggregate liability of the Company for any and all claims arising out of or related to these terms or the services will not exceed the greater of the amount you paid to us for the specific service giving rise to the claim during the twelve months preceding the claim, or one hundred United States dollars.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the limitations above may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in this section is intended to limit any liability that cannot be limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the website or services, your violation of these terms, or your violation of the rights of any third party.
This indemnification obligation includes claims arising from content you submit to us that infringes the intellectual property or other rights of a third party, and from any breach of your representations and warranties under these terms.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claims.
Termination
We may suspend or terminate your access to the website or services at any time, with or without cause, and with or without notice, if we reasonably believe you have violated these terms or applicable law, or if continued provision of the services is no longer commercially viable.
You may stop using the website at any time, and you may terminate an engagement according to the terms of the applicable agreement. Upon termination, your right to use the website and services will immediately cease.
The provisions of these terms that by their nature should survive termination, including intellectual property, confidentiality, limitation of liability, indemnification, and governing law, will survive any termination.
Termination does not relieve you of any obligation to pay fees that accrued before the effective date of termination. Upon termination, we will cooperate in an orderly handover of any materials that belong to you, as described in our agreement.
Third-Party Services
The website and services may include links to, or integrations with, third-party websites, tools, and services that are not operated by us. We do not control those third parties and are not responsible for their content, availability, or practices.
Your use of any third-party service is governed by that third-party terms and privacy policy, and you access such services at your own risk. We encourage you to review the terms and policies of any third-party service you use.
The inclusion of a link or integration does not imply our endorsement of that third party, and we make no representations or warranties regarding the quality, security, or suitability of third-party services.
Governing Law
These terms are governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. Any dispute arising out of or related to these terms will be subject to the exclusive jurisdiction of the state and federal courts located in Utah.
You agree to submit to the personal jurisdiction of those courts for the purpose of resolving any such dispute. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. These terms constitute the entire agreement between you and the Company regarding their subject matter, and they supersede any prior oral or written communications regarding that subject matter.
Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our practices, our services, or applicable law. When we make changes, we will revise the last updated date at the top of this page.
Material changes will be communicated more prominently where required by law. Your continued use of the website or services after any changes take effect constitutes your acceptance of the updated terms.
We encourage you to review this page periodically so that you remain informed about the terms that govern your use of our website and services. If you have questions about a change after it takes effect, please contact us using the details below.
Audit Rights
To the extent necessary to verify compliance with these terms and any applicable agreement, the Company reserves the right to audit your use of the Services. Any such audit will be conducted upon reasonable notice, during normal business hours, and in a manner designed to minimize disruption to your operations.
We will use reasonable efforts to avoid accessing information beyond what is needed to confirm compliance, and any information obtained through an audit will be treated as confidential. If an audit reveals a material breach of these terms or of the applicable agreement, you agree to cooperate with us to resolve the matter promptly. This right does not limit any other remedies available to the Company under these terms or at law.
Force Majeure
Neither party will be liable for any delay or failure to perform its obligations under these terms to the extent that the delay or failure results from causes beyond its reasonable control. These causes may include acts of nature, fire, flood, severe weather, epidemics, government orders, labor disputes, failures of power or telecommunications networks, or disruptions to third-party hosting and infrastructure.
When a force majeure event occurs, the affected party will notify the other party promptly and will use reasonable efforts to limit the impact of the event and to resume performance as soon as practicable. If the event continues for an extended period, either party may terminate the affected engagement according to the terms of the applicable agreement, without penalty to the other party.
Assignment
You may not assign or transfer these terms, or any of your rights or obligations under them, to any third party without the prior written consent of the Company. Any attempted assignment in violation of this section will be void and without effect.
The Company may assign these terms or delegate its obligations to an affiliate, to a successor in connection with a merger or acquisition, or to a purchaser of substantially all of its assets, provided that the assignment does not materially reduce the protections available to you under these terms. Subject to the foregoing, these terms will bind and benefit the parties and their respective successors and permitted assigns.
Severability
If any provision of these terms is determined by a court or other competent authority to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these terms will continue in full force and effect.
The invalidity of one provision will not affect the validity of any other provision, and the parties intend that these terms be enforced to the maximum extent permitted by law. Where a provision is held unenforceable, the parties agree that it should be replaced by a valid provision that most closely reflects the original intent of the parties, so that the overall agreement remains effective and balanced.
Contact Us
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using any of the methods below. We will make every effort to respond to you promptly.
Elevated Path ventures LLC
130 N 2100 W APT 209
Salt Lake City - 84116-5232
United States (US)
Email: memo@elevatepath.lol
Phone: +18288608415
Website: https://www.elevatepath.lol