Elivate Drip Spa services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Elivate Drip Spa website platform constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Privacy
Your use of Elivate Drip Spa services is subject to the Elivate Drip Spa Privacy Policy. Please review our Privacy Policy, which also governs the website and www.elivatedripspa.com and informs users of our data collection practices.
Electronic Communications
Visiting www.elivatedripspa.com or sending emails to Elivate Drip Spa constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and phone call, satisfy any legal requirement that such communications be in writing.
By clicking Confirm to any form within www.elivatedripspa.com, you agree that the phone number you are providing may be used to contact you by Elivate Drip Spa (including autodialed/autoselected and prerecorded calls or text/SMS messages) regarding Elivate Drip Spa’s products and services. Msg. and data rates apply. Your consent to such contact is not required for purchase and you may opt out of text messages at any time by texting STOP.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.elivatedripspa.com strictly in accordance with these terms of use. As a condition of your use of the website, you warrant to Elivate Drip Spa that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of Elivate Drip Spa or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. Elivate Drip Spa content is not for resale. Your use of the website does not entitle you to make any unauthorized use of any protected content.
Use of Communication Services
The website may contact you via e-mail, phone, and/or other message or communication facilities designed to enable you to communicate with our staff (collectively, “Communication Services”), you agree to use the Communication Services only to send and receive messages that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Elivate Drip Spa has no obligation to monitor the communication services. however, Elivate Drip Spa also reserves the right to (a) disable any user’s use of or access to the Elivate Drip Spa services, or (b) terminate any user’s account, for any reason and without any notice.
Elivate Drip Spa reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Elivate Drip Spa reserves the right at all times to disclose any information as necessary to satisfy any website liable law, regulation, legal process or governmental request.
International Users
The Service is controlled, operated and administered by Elivate Drip Spa from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Elivate Drip Spa Content accessed through Elivate Drip Spa in any country or in any manner prohibited by any website liable laws, restrictions or regulations.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ELIVATE DRIP SPA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ELIVATE DRIP SPA (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES [RELATED TO OR RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE ELIVATE DRIP SPA SERVICES; (B) THE ELIVATE DRIP SPA SERVICES GENERALLY (INCLUDING THE ELIVATE DRIP SPA SOFTWARE) OR SYSTEMS THAT MAKE THE ELIVATE DRIP SPA SERVICES AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH ELIVATE DRIP SPA, EVEN IF ELIVATE DRIP SPA OR AN ELIVATE DRIP SPA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELIVATE DRIP SPA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELIVATE DRIP SPA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Elivate Drip Spa AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ELIVATE DRIP SPA SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ELIVATE DRIP SPA SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ELIVATE DRIP SPA RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS.
Termination/access restriction
Elivate Drip Spa reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Miami-Dade County Florida in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Elivate Drip Spa as a result of using the website. Elivate Drip Spa’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Elivate Drip Spa’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Elivate Drip Spa with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Elivate Drip Spa with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Elivate Drip Spa with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Elivate Drip Spa reserves the right, in its sole discretion, to change the Terms under which Elivate Drip Spa is offered. The most current version of the Terms will supersede all previous versions. Elivate Drip Spa encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Elivate Drip Spa welcomes your questions or comments regarding the Terms:
Mcallen
7001 North 10th Street Suite B2
McAllen, Texas 78504
T: 956.RGV.DRIP (748.3747)
Sharyland / Mission
805 N Shary Rd Suite 200
Mission, TX 78573
T: 956.877.DRIP (3747)
Email Address:
[email protected]
[email protected]
Effective Date: January 1, 2020.