info@elevatehc.com<\/a><\/p>\n14. General<\/b><\/p>\n\nModifications<\/b>. At any time and in Elevate\u2019s sole discretion, we may add, delete, or modify the Agreement. We will use commercially reasonable efforts to publish any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Website. All changes to the Agreement shall be effective immediately.<\/li>\nAccess and Use Where Prohibited<\/b>. Access to and use of our Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.<\/li>\n\nOperation of the Website from the United States of America<\/b>. By accessing and using the Website, you acknowledge and agree that Elevate controls and operates the Website from the United States of America and that the Website, and the information contained on the Website, is intended for use by End Users located in the United States of America. Other countries may have laws and regulatory requirements that differ from those in the United States of America. Unless expressly stated to the contrary, Elevate makes no representation that the Website, or the information contained on the Website, is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all material and content found on or accessible through the Website are solely directed to individuals, companies, or other entities located in the United States of America. Elevate reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Website is void where prohibited. If you access or use the Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Website in violation of applicable export laws and regulations.<\/p>\n
If you access the Website from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.<\/p>\n<\/li>\n
Applicable Law and Venue.<\/strong> Any action related to the Agreement will be governed by the laws of the Commonwealth of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction. You and Elevate agree and consent that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to our Website or the Agreement will be exclusively in the federal or state courts of the Commonwealth of Pennsylvania.<\/li>\nDispute Resolution<\/strong>\n\nComplaints<\/b>. In the event of a dispute relating to your access to and use of the Website or this Agreement, you and Elevate agree to seek an amicable agreement and to communicate with each other all necessary information to this end.<\/li>\nInternal Dispute Resolution and Mediation<\/b>. If any dispute or claim arises between the you and Elevate in connection with this Agreement, you and Elevate agree to discuss and seek to resolve such dispute or claim in good faith through internal dispute resolution. If you and Elevate are unsuccessful in resolving any such dispute or claim, either party may seek to submit the dispute or claim to arbitration by sending notice of the same to the other party.<\/li>\nArbitration<\/b>. If the parties\u2019 good-faith attempts to resolve a dispute or claim by internal dispute resolution, such dispute or claim shall be resolved through final, binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act. The arbitration shall be conducted by a single, neutral arbitrator chosen by the parties, and conducted in a location mutually agreed to by the parties or, if the parties cannot agree, chosen by the arbitrator. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association. Should any party refuse or neglect to choose an arbitrator or otherwise sincerely and in good faith participate in the arbitration process, then the arbitrator is empowered to proceed with one side alone. The parties agree that the arbitrator, and not a court, shall have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. Except as expressly provided otherwise below, no party shall file or maintain any lawsuit in any court against the other, and the parties agree that any suit filed in violation of this arbitration agreement shall be dismissed by the court in favor of an arbitration conducted pursuant to this agreement. Each party shall bear its own expenses and the parties shall equally share the arbitration filing fee, arbitrator\u2019s compensation, facilities fees, and other administrative fees. However, if the claim or defense of any party is upheld by the arbitrator in all material respects, then the prevailing party shall be promptly reimbursed by the other party for its reasonable attorneys\u2019 fees and disbursements, the reasonable costs of its experts and witnesses, and all other fees, costs and expenses of the arbitration. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Any remedy available from a court under the law shall be available in the arbitration. Judgment upon an award may be entered in any court having competent jurisdiction. Any judgment therein may be enforced in any court having jurisdiction. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. If any provision of this arbitration agreement is adjudged to be void or otherwise unenforceable, in whole or in part, such adjudication shall not affect the validity of the remainder of the agreement. If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree any such dispute shall be commenced and maintained exclusively in the state or federal courts in the Commonwealth of Pennsylvania and the parties each consent to the personal jurisdiction of said courts. Any dispute or claim shall be brought solely in the party\u2019s individual capacity, and not as a representative, private attorney general or class member in any purported class action, representative proceeding, mass action or consolidated action.<\/li>\nWAIVER OF JURY TRIAL<\/b>. THE PARTIES UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, ALL PARTIES ARE GIVING UP THEIR RIGHT TO A JURY TRIAL AND, IF APPLICABLE, ANY RIGHTS THEY MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.<\/li>\nEquitable Remedies and Immediate Relief<\/b>. It is specifically agreed that a breach of the provisions of this Agreement concerning the use and\/or non-disclosure of proprietary or confidential information may result in irreparable injury for which there is no adequate remedy at law. Accordingly, and without prejudice to a party\u2019s remedies available at law, a party who claims such a breach will be entitled to seek specific performance, injunctive relief, or other equitable remedies without proof of actual damages or the posting of a bond. Nothing herein shall any party from seeking immediate injunctive relief pursuant to the Emergency Measures of Protection procedures in the AAA Commercial Rules if, in its judgment, such relief is necessary to protect its interests prior to utilizing or completing this dispute resolution process. Such remedy shall be in addition to all other remedies, including money damages, available to such party at law or in equity.<\/li>\n<\/ol>\n<\/li>\nUnsolicited Materials and End User\u2019s Grant of Limited Licensed<\/b>. In operating our Website, Elevate does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, our mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Elevate (including, but not limited to, comments, questions, feedback, data, suggestions, ideas and the like) will be deemed to be not confidential or secret. By submitting or sending information or other material to Elevate, you represent and warrant that the information is original to you and that no other party has any rights to the material. By communicating with Elevate, including submitting or sending content to us, you grant Elevate the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and\/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into any new Elevate feature, product, or service. You will remain responsible for the accuracy, copyright compliance, legality, decency, and all other aspects of such submitted material.<\/li>\nSeverability<\/b>. If any part of the Agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.<\/li>\nNon-waiver<\/b>. No failure or delay in enforcing any provision, exercising any option, or requiring performance shall be construed to be a waiver of that or any other right in connection with the Agreement.<\/li>\nAssignment<\/b>. You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Elevate. Any purported assignment lacking such consent will be void at its inception. Elevate may assign all or part of its rights and\/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website.<\/li>\n<\/ol>\n 15. CONTACT INFORMATION.<\/strong><\/p>\nElevate Healthcare Marketing, LLC \n980 Jolly Road \nSuite 105 \nBlue Bell, PA 19422 \ninfo@elevatehc.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Last revised: June 1, 2023 PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS AN END USER (AS DEFINED BELOW) (\u201cEND USER\u201d OR \u201cYOU\u201d) AND ELEVATE HEALTHCARE MARKETING, LLC (\u201cELEVATE\u201d OR \u201cWE\u201d). THESE WEBSITE TERMS OF USE, TOGETHER WITH ALL APPLICABLE ELEVATE RULES AND POLICIES, INCLUDING THE ELEVATE PRIVACY POLICY, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":9,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"acf":[],"yoast_head":"\n
Terms of Use - Elevate Healthcare Marketing<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n