Elevate04 LLC

Terms and Conditions

Terms of Use 

Last Updated: July 16th, 2025 

These Terms of Use (“Terms”) govern your access to and use of the website elevate04.com, and any related services, products, features, content, or applications (collectively, the “Service”) provided by Elevate04 LLC, a Limited Liability Company registered in the State of South Dakota, with its principal place of business at 25 First Ave. Sw Ste A, Watertown, Codington County, SD 57201 US (“Company,” “we,” “us,” or “our”). 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES REFERENCED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE. 

1. Acceptance of Terms 

By accessing or using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into a binding contract. You also represent that any information you submit to the Company is accurate and truthful. 

2. Changes to Terms 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. 

3. Privacy Policy 

Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy for information about how we collect, use, and disclose information. By continuing to use our website and services you agree and accept to be bound to our Privacy Policy alongside our Terms and Conditions.

4. User Accounts 

If the Service requires you to create an account: 

  • You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. 
  • You agree to notify us immediately of any unauthorized use of your account or any other breach of security. 
  • We reserve the right to suspend or terminate your account at our sole discretion, without notice, for any reason, including but not limited to, a breach of these Terms. 

5. Permitted Use and Prohibited Conduct 

5.1. Permitted Use: You may use the Service only for lawful purposes and in accordance with these Terms. 

5.2. Prohibited Conduct: You agree not to: 

  • Use the Service in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability. 
  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service. 
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service. 
  • Introduce any viruses, Trojan horses, malware, worms, logic bombs, or other material that is malicious or technologically harmful. 
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service. 
  • Otherwise attempt to interfere with the proper working of the Service. 

6. Intellectual Property Rights 

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

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as generally permitted by the Service’s functionality. 

7. Disclaimer of Warranties 

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

THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

8. Limitation of Liability 

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

9. Indemnification 

You agree to defend, indemnify, and hold harmless Elevate04 LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: 

(a) Your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Contributions (if applicable), any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use. 

(b) Your negligence, willful misconduct, or fraud. 

(c) Any content you submit, post, or transmit through the Service, including any infringement of intellectual property rights or privacy rights of any third party. 

(d) Any breach of your representations and warranties made herein. 

(e) Your violation of any applicable law, rule, or regulation. 

(f) Any claim by a third party arising from or related to your use of the Service. 

This indemnification obligation will survive the termination of these Terms and your use of the Service. 

10. Governing Law and Jurisdiction 

All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Dakota without giving effect to any choice or conflict of law provision or rule. 

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

11. Arbitration 

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying South Dakota law. 

12. Waiver and Severability 

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

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

13. Force Majeure

The Company shall not be held liable or responsible for any failure or delay in the performance of its obligations under these Terms if such failure or delay arises from or is attributable to acts, events, omissions, or accidents beyond its reasonable control, including, but not limited to: natural disasters (including fire, flood, earthquake, storm, hurricane, or other natural catastrophe), war, invasion, acts of terrorism (whether actual or threatened), cyberattacks, hacking, ransomware, embargoes, labor strikes or disruptions, civil unrest or riots, government orders or regulations, pandemic or epidemic (including COVID-19 or future similar outbreaks), utility failures, failures of public or private telecommunications networks or internet service providers, or any other event that could not be reasonably foreseen or avoided by the Company, even with the exercise of due care.

Performance under these Terms shall be deemed suspended for the period that such event continues, and the Company shall have an extension of time for performance for the duration of that period. The Company shall use reasonable efforts to notify affected users and resume performance as soon as reasonably practicable. If the period of delay or non-performance continues for thirty (30) consecutive days, either party may terminate the affected portion of the Service upon written notice without liability, except for obligations accrued prior to the force majeure event.

14. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Company. Any attempted assignment or transfer in violation of the foregoing shall be null and void. The Company may freely assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

15. Entire Agreement 

The Terms of Use (Terms and Conditions) and our Privacy Policy (https://elevate04.com/privacy) constitute the sole and entire agreement between you and Elevate04 LLC regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. 

16. Your Comments and Concerns 

All feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: contact@elevate04.com