TheseTerms and Conditions (“Terms”) are entered into by and between you(“user” or “you”) and Elevant USA Inc. and its subsidiaries andaffiliates (collectively, “Elevant,” “we,” “us,” or “our”). Thefollowing Terms govern your use of, access to, and purchase of productsor services owned and operated by Elevant, Inc., including withoutlimitation, www.elevant.co includingany other media form, media channel, mobile website, or mobileapplication related or connected thereto (collectively, the “Site”, the“Website”).
Theseterms contain important provisions that limit our liability to you,require you to resolve your disputes with us as an individual and not aspart of a class or representative action, and without a jury trial.
Byclicking “I accept”, or by busing our website or purchasing a productor service from us, you agree to comply with and be bound by all of theterms contained herein.
Wereserve the right to change these Terms. We will take steps to providenotice of changes to these Terms, and agree that changes will not takeeffect retroactively. If you do not wish to be bound by these Terms orany updates to them, you are not authorized to access our Website orpurchase, receive or use our products or services.
Toaccess and use certain areas or features of the Website, you may needto register for an account (“Account”). By creating an Account, youagree to (a) provide accurate, current and complete Account information,(b) maintain and promptly update, as necessary, your Accountinformation, (c) maintain the security of your Account credentials, (d)be responsible for the acts or omissions of any third party who hasauthority to access or use the Website on your behalf, and (e)immediately notify us if you discover or otherwise suspect any securitybreaches related to the Website or your Account. You further understandand agree that Elevant may take actions we deem reasonably necessary toprevent, respond to, pursue or remedy suspected or actual fraud andabuse, including without limitation, termination or suspension of yourAccount.
Bycreating an Account, you also consent to receive electroniccommunications from Elevant (e.g., via email or by posting notices tothe Website). These communications may include notices about yourAccount (e.g., payment authorizations, password changes and othertransactional information) and are part of your relationship with us.You agree that any notices, agreements, disclosures or othercommunications that we send to you electronically will satisfy any legalcommunication requirements, including, but not limited to, that suchcommunications be in writing. You should maintain copies of electroniccommunications from us by printing a paper copy or saving an electroniccopy. We may also send you promotional communications via email,including, but not limited to, newsletters, special offers, surveys andother news and information we think will be of interest to you. You mayopt out of receiving these promotional emails at any time by followingthe unsubscribe instructions provided therein.
Byproviding your mobile phone number to us through the Website, youconsent to receive calls or text messages at any such phone number sentby or on behalf of Elevant, including autodialed calls and/or textmessages, for marketing, promotional, operational or informationalpurposes. You may opt out of marketing and promotional calls or messagesby following the applicable unsubscribe instructions provided to you.Following such opt-out, you may continue to receive calls or messagesfor a short period of time while Elevant processes your request. It isyour responsibility to keep your Account information, including yourphone number, updated. Standard message and data rates applied by yourmobile phone carrier may apply to the text messages we send you. Pleasecontact your mobile phone carrier for details.
Use of the Website
Byvisiting our Website and accessing and using the information,resources, services, and tools we provide for you, or by purchasing ourproducts or services, (our “Resources”), you agree to use theseResources only for the purposes intended as permitted by these Terms.
You further understand and agree that:
Wehave the right at our sole discretion to remove any content that, wefeel in our judgment does not comply with these Terms, along with anycontent that we feel is otherwise offensive, harmful, objectionable,inaccurate, or violates any third party copyrights or trademarks. We arenot responsible for any delay or failure in removing such content. Ifyou post content that we choose to remove, you hereby consent to suchremoval, and consent to waive any claim against us.
Whenyou provide Your Submissions on our Website, you grant to Elevant anon-exclusive, royalty-free, fully paid, perpetual, worldwide,irrevocable and fully sub-licensable and transferable (in whole or inpart) license under all copyrights, trademarks, privacy and publicityrights you own or control to: (i) use, reproduce, transmit, modify,index, adapt, publish, translate, distribute, display and otherwiseexploit such content throughout the world in any media, whether nowknown or hereafter invented, including for any and all purposes,including commercial or marketing purposes, all without further noticeto you, with or without attribution, and without the requirement of anypermission from or payment to you or any other person or entity, and(ii) to use your name, persona or likeness alone or in connection withsuch uses, without any obligation or remuneration to you.
Thecontents of elevant.co are not intended to provide medical advice,diagnosis, prevention, cure, or treatment of any disease or condition.Under no circumstances should you use the website information, or theinformation provided to you by any of our representatives, or theinformation contained in any materials we produce, as an alternative toprofessional medical advice, diagnosis or treatment. All of the websiteinformation is current as of the day it is posted.
Youshould always consult with your healthcare professional, and carefullyread all information provided by the manufacturer of a product and on orin any product label or packaging; before starting any diet or exerciseprogram; or before adopting any treatment for a health problem. Eachperson is different, and the way you react to a particular product maybe significantly different from the way other people react to suchproduct. You should also consult your healthcare professional regardingany interactions between any medication you are currently taking and ourproducts.
TheFDA has not evaluated any information or statements regardingsupplements contained on Elevant’s website, and any such information orstatements and are not intended imply these products are intended todiagnose, treat, cure, or prevent any disease.
Products are not for use by or sale to anyone under 21 years of age.
Elevant employees, consultants and agents may publicly describe their experiences with specific Elevant products. Any comments made by such employees, consultants and agents that are not endorsed specifically by Elevant are strictly their own personal views made in their personally capacity. These comments are not claims made by Elevant nor do they represent the view or position of Elevant.
Limitation of Warranties
Tothe fullest extent permitted by applicable law, by using our website,you understand and agree that the website, elevant content and allresources (including the products and service) are provide on an “as is”and “as available” basis without warranties of any kind, either expressor implied. elevant makes no representations, guarantees, or warrantiesabout the suitability, completeness, timeliness, reliability, legality,or accuracy of our resources available on this website for any purpose,and expressly disclaims (to the fullest extent of the law) allwarranties, express or implied, including, without limitation, anywarranty of merchantability, fitness for a particular purpose, ornon-infringement.
This means that we do not represent or warrant to you that the:
Use of our resources will meet your needs or requirements.
Use of our resources will be uninterrupted, timely, secure or free from errors.
Information obtained by using our resources will be accurate or reliable, and
Defects in the operation or functionality of any resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
Anycontent downloaded or otherwise obtained using our resources is done atyour own discretion and risk, and that you are solely responsible forany damage to your computer or other devices for any loss of data thatmay result from the download of such content.
Noinformation or advice, whether expressed, implied, oral or written,obtained by you from elevant or through any resources we provide shallcreate any warranty, guarantee, or conditions of any kind, except forthose expressly outlined in these terms.
Limitation of Liability
Tothe fullest extent permitted by applicable law, in no event shallelevant be liable for any direct, indirect, incidental, consequential orexemplary loss or damages of any kind which may be incurred by you as aresult of using our website or purchasing or using our products orother resources, or as a result of any changes, data loss or corruption,cancellation, loss of access, or downtime, whether foreseeable or not,and even if elevant had been advised of the possibility of such damages.
Tothe fullest extent permitted by applicable law, in no event shall themaximum aggregate liability of elevant arising out of or in any wayrelated to access or use of the website, elevant content, or ourproducts, services or other resources exceed the greater of $200 or theamount you paid to us in the three (3) month period immediatelypreceding the date on which your claim arose. the foregoing limitationsshall apply even in the event your remedies hereunder fail of theiressential purpose, and the foregoing shall constitute elevant’s soleliability and obligation in respect hereof, regardless of the form ofaction, whether based in contract, tort (including, but not limited to,simple negligence, whether active, passive or imputed), or any otherlegal or equitable theory.
Thelimitations set forth in this section will not limit or excludeliability for personal injury or property damage directly andproximately caused by our fraud, gross negligence, or intentional,willful, malicious or reckless misconduct.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Elevant andits past, present and future parent company and affiliates, and theirrespective directors, officers, managers, employees, donors, agents, andlicensors, from and against all claims, losses, expenses, damages,awards, judgments, penalties, interest, fees and costs, includingreasonable attorneys’ fees, resulting from (i) any violation of theseTerms or the failure to fulfill any obligations relating to your Accountincurred by you or any other person using your Account; (ii) your useor misuse of our Resources, including our products or services; (iii)Your Submissions or any Feedback you provide, (iv) your violation of therights of another. We reserve the right to take over the exclusivedefense of any claim for which we are entitled to indemnification underthese Terms. In such event, you shall provide us with such cooperationas is reasonably requested by us. You may not settle any claim coveredby this indemnification provision or admit any liability on the part of Elevant without the company’s prior written approval.
Tothe fullest extent permitted by applicable law, you, on behalf of yourheirs, executors, administrators, legal and personal representatives,hereby release, waive, acquit and forever discharge Elevant from andagainst, and covenant not to sue Elevant for, all claims you have or mayhave arising out of or in any way related to these Terms. if you are acalifornia resident, you hereby waive your rights under california civilcode 1542, which states “a general release does not extend to claimswhich the creditor does not know or suspect to exist in his or her favorat the time of executing the release, which if known by him or her musthave materially affected his or her settlement with the debtor.”
License to Access and Use Our Website
Unlessotherwise indicated in writing by us, the Website and all content andother materials contained therein, including, without limitation, theElevant logo and all designs, text, graphics, pictures, information,data, software, sound files, other files and the selection andarrangement thereof (collectively, “Elevant Content”) are theproprietary property of Elevant or our licensors or users, asapplicable, and are protected by U.S. and international copyright laws.
Youare hereby granted a limited, nonexclusive, non-transferable,non-sublicensable license to access and use the Website and ElevantContent. However, such license is subject to these Terms and does notinclude any right to (a) sell, resell or use commercially the Website orElevant Content, (b) distribute, publicly perform or publicly displayany Elevant Content, (c) modify or otherwise make any derivative uses ofthe Website or Elevant Content, or any portion thereof, (d) use anydata mining, robots or similar data gathering or extraction methods, (e)download (other than the page caching) any portion of the Website orElevant Content, except as expressly permitted by us, and (f) use theWebsite or Elevant Content other than for their intended purposes. Anyuse of the Website or Elevant Content other than as specificallyauthorized herein, without our prior written permission, is strictlyprohibited and will terminate the license granted herein. Suchunauthorized use may also violate applicable laws, including, withoutlimitation, copyright and trademark laws and applicable communicationsregulations and statutes. Unless explicitly stated by us, nothing inthese Terms shall be construed as conferring any right or license to anypatent, trademark, copyright or other proprietary rights of Elevant orany third party, whether by estoppel, implication or otherwise. Thislicense is revocable at any time.
“Elevant”,the Elevant logo and any other Elevant product or service names, logosor slogans that may appear on the Website are trademarks of Elevant andmay not be copied, imitated or used, in whole or in part, without ourprior written permission. You may not use any metatags or other “hiddentext” utilizing “Elevant” or any other name, trademark or product orservice name of Elevant without our prior written permission. Inaddition, the look and feel of the Website, including, withoutlimitation, all page headers, custom graphics, button icons and scripts,constitute the service mark, trademark or trade dress of Elevant andmay not be copied, imitated or used, in whole or in part, without ourprior written permission. All other trademarks, registered trademarks,product or service names and company names or logos mentioned on theWebsite are the property of their respective owners and may not becopied, imitated or used, in whole or in part, without the permission ofthe applicable trademark holder. Reference to any products, services,processes or other information by name, trademark, manufacturer,supplier or otherwise does not constitute or imply endorsement,sponsorship or recommendation by Elevant.
Third Party Links
Elevantmakes no claim or representation regarding the quality, content, natureor reliability of third party websites accessible by hyperlink from theWebsite or of websites linking to the Website. Elevant is notresponsible for the privacy practices or the content of any off-sitepages or any other sites linked to the Website, whether or not they areaffiliated with Elevant. Such linked sites are for your convenience onlyand you access them at your own risk. Elevant makes no representationsor warranties as to the accuracy or functioning of any such link. Thatanother web site is linked to our Website does not constituteendorsement by Elevant of the owner of the other site, the content ofits site, or its products or services. You should review the applicableterms and policies, including privacy and data gathering practices, ofany site to which you navigate from the Website.
Third Party Content
Wemay display content, advertisements and promotions from third partiesthrough the Website (collectively, “Third Party Content”). We do notcontrol, endorse or adopt any Third Party Content, and we make norepresentations or warranties of any kind regarding such Third PartyContent, including, without limitation, regarding its accuracy orcompleteness. You acknowledge and agree that your interactions withthird parties providing Third Party Content are solely between you andsuch third parties.
Youcan submit questions, comments, suggestions, ideas, original orcreative materials or other information about Elevant or the Website(collectively, “Feedback”). Feedback is non-confidential and shallbecome the sole property of Elevant. Elevant shall own exclusive rights,including, without limitation, all intellectual property rights, in andto such Feedback and shall be entitled to the unrestricted use anddissemination of this Feedback for any purpose, commercial or otherwise,without acknowledgment or compensation to you.
Termination of Use
Youagree that we may, at our sole discretion, suspend or terminate youraccess to all or part of our Website and Resources with or withoutnotice and for any reason, including, without limitation, breach ofthese Terms. Any suspected illegal, fraudulent or abusive activity maybe grounds for terminating your relationship and may be referred toappropriate law enforcement authorities. Upon suspension or termination,your right to use the Resources we provide will immediately cease, andwe reserve the right to remove or delete any information that you mayhave on file with us, including any Account or login information.
OurWebsite is controlled by Elevant USA Inc. and its subsidiaries andaffiliates from our office located in Lausanne (Switzerland). It can beaccessed by most countries around the world. Furthermore, any action toenforce these Terms shall be brought on an individual basis in thefederal or state courts located in Switzerland. You hereby agree topersonal jurisdiction by such courts, and waive any jurisdictional,venue, or inconvenient forum objections to such courts.
No Class Actions or Other Representative Actions; Waiver of Jury Trials
youand elevant agree that any dispute arising out of or related to theseterms or the website, elevant content, or any of our products, services,or other resources is personal to you and elevant and that such disputewill not be brought as a class action or any other type ofrepresentative proceeding. you and elevant further waive your andelevant’s respective rights to a jury trial.
Entire Agreement; Severability; No Waiver
Products for Personal Use
Theproducts available on our Website, and any samples we may provide toyou, are for personal use only. You may not sell or resell any of theproducts or samples you purchase or otherwise receive from us. Bypurchasing any product through us, you agree not to offer the productsor samples for resale. We reserve the right, with or without notice, tocancel or reduce the quantity of any order to be filled or products tobe provided to you that we believe, in our sole discretion, may resultin the violation of these Terms.
Terms of Sale
Payment and Billing Information
Byproviding a credit card or other payment method that we accept, yourepresent and warrant that you are authorized to use the designatedpayment method and that you authorize us (or our third-party paymentprocessor) to charge your payment method for the total amount of yourpurchase (including any applicable taxes and other charges)(collectively, as applicable, an “Order”). If the payment method cannotbe verified, is invalid or is otherwise not acceptable, your Order maybe suspended or cancelled. You must resolve any payment method problemsbefore we proceed with your Order. If a payment is not successfullysettled and you do not edit your payment method information or cancelyour Order, you remain responsible for any uncollected amounts and, withrespect to your Order, authorize us to continue billing the paymentmethod, as it may be updated.
Pricing; Availability; Order Acceptance
Allprices on our Website are shown in U.S. dollars and applicable taxesand other charges, if any, are additional. We reserve the right toadjust prices as we may determine in our sole discretion, at any timeand without notice, including without limitation, as based on geographicor other criteria as we may establish from time to time. We reserve theright to impose quantity limits on any Order, to reject all or part ofan Order, and to discontinue offering certain events without priornotice. Please note that there may be certain Orders that we are unableto accept and must cancel. We reserve the right, at our sole discretion,to refuse or cancel any Order for any reason. Your credit card or otherapproved method of payment will not be charged until your paymentmethod is authorized, the Order information is verified for accuracy andyour Order is shipped.
Shipping and Handling; International Orders
Youare solely responsible for providing us with accurate shippinginformation and a valid phone number or email address. In the event thatany product is returned to us as a result of your failure to provide uswith accurate shipping information, you shall be responsible for anyadditional shipping fees or other charges that may be applied to thereturn of the product to us or in re-sending the product to you.
Pleasenote that refunds will not be issued for any order that is refused orabandoned by the intended recipient, Orders that cannot be delivered dueto an address error, or Orders seized by Customs.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Internationalshipment rates vary based on total package weight and finaldestination. Pricing on our Website does not include duties, insurancecosts, tariffs, or value-added taxes (VAT), sales taxes or otherinternational costs/taxes. Free shipping promotions do not apply tointernational orders.
Ifyou place an Order for shipment to an international address, you willbe responsible for paying any VAT and other taxes, tariffs, import orexport duties, and other similar taxes, duties or fees attributable tosuch Orders. These taxes, duties and fees, if assessed, are the soleresponsibility of the package recipient, who will be billed for them bythe local Customs office. We suggest you check with your local Customsoffice for any documents you may need before placing your Order.
Wework hard to provide accurate product and pricing information. However,pricing or typographical errors may occur. In the event that an item islisted at an incorrect price or with incorrect information due to anerror in pricing or product information, we shall have the right, at oursole discretion, to refuse or cancel any Orders placed for that item.If an item is incorrectly priced, we will either contact you forinstructions or cancel your Order and notify you of such cancellation.
Iffor any reason you are not satisfied with your purchase, you mayrequest a refund within 30 days of the date you placed your Order. Ifthe product has not been open, we’ll refund you for the full cost of theproduct less shipping, VAT, or duties—no questions asked. Simply reachout to email firstname.lastname@example.org and someone will be happy to help. Refunds take approximately 5 to 20 days to process.
Ifyour refund request is outside of the 30-day guarantee, we are unableto issue a refund or offer credit. Additionally, if you cancel yoursubscription and reactivate that same subscription at a later date, youare no longer eligible for a refund.
Fromtime to time, we may offer coupons or other promotions with specialoffers. To redeem, you must enter the promotional code found on thespecial offer under Payment Method during checkout. Special offerscannot be combined with other promotions. We reserve the right, withoutprior notice and at any time to limit or impose conditions on thehonoring of any coupon or other promotion.
Subscription Billing Terms
Bypurchasing a monthly subscription, you agree and acknowledge that yoursubscription has an initial and recurring payment charge at thethen-current subscription rate and you accept responsibility for allrecurring charges prior to cancellation, including where applicable anycharges processed by Elevant after the expiration date of your payment card.
Yoursubscription will be automatically renewed for successive monthlyperiods and your payment method will automatically be charged for eachsuccessive monthly period at the then-current subscription rate untilyou cancel your monthly subscription renewal.
AutomaticRenewal Terms. If you are placing an order as part of our automaticrenewal program, your membership in the program will remain in effectuntil it is cancelled. We may, in our sole discretion, terminate yourmembership in the program at any time without notice to you.
ifyou are a member of our automatic renewal program and you have providedus with a valid credit card number or an alternate payment method, eachshipment will be automatically processed at the time of each successiveshipment and/or installment and will be billed to the payment methodyou provided to us at the time of your initial purchase and enrollment.if you wish to cancel your subscription directly in your account.
Youare obligated to provide current, complete, and accurate informationfor your billing account. You are responsible for promptly updating allinformation to keep your billing account current, complete, and accurate(e.g., change in billing address, credit card number, or credit cardexpiration date). You must promptly notify us if your credit cardinformation is cancelled or is no longer valid (e.g., loss or theft).You may also update your billing information directly in your Account.If you fail to timely update your credit card information, yourmembership in our automatic renewal program may be terminated and yourAccount may be sent for collection.
Paymentis processed and settled at the time of purchase. Immediately followingorder placement, the purchaser will receive an email from Elevant containing and instructions to redeem the credit. As soon as the recipient enters the code in their online Account (elevant.co/account), the credit will automatically apply to each refill within the credit period.
How to Contact Us
If you have any questions or comments about these Terms as outlined above, you can contact us via: