Terms and Conditions
Effective Date: September 12, 2025
Entity: Elevation Advisor, LLC (“Elevation Advisor,” “we,” “us,” or “our”)
Email: [email protected] | Telephone number: 509-240-3400
By accessing or using our websites, applications, and related services (the “Services”), you agree to these Terms of Service (the “Terms”). If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company. If you do not agree, do not use the Services.
1) The Services; Accounts
1.1 Eligibility. You must be at least 18 and capable of forming a binding contract to use the Services.
1.2 Account Registration. You must provide accurate information and keep it current. You are responsible for all activity under your credentials and must safeguard your password.
1.3 Business Use. The Services are designed primarily for business use by landscape construction and related firms.
2) Orders, Fees, Taxes, and Renewals
2.1 Subscriptions. Paid plans are billed in advance on a recurring basis (monthly or annually) until canceled.
2.2 Prices & Changes. We may change fees or introduce new charges upon notice for the next term; changes do not affect the then‑current prepaid term.
2.3 Taxes. Fees are exclusive of taxes. Where required, we will collect applicable sales/use or similar taxes; otherwise you are responsible for them. (Washington generally treats “remote access software”/SaaS as a taxable digital product; we collect where required by law.)
2.4 Refunds. Unless stated in an order or our posted Refund Policy, all fees are non‑refundable. If a refund policy applies, it will be clear and conspicuous at checkout.
2.5 Late Payment. Overdue amounts may incur a finance charge of the lesser of 1.5% per month or the maximum allowed by law and may lead to suspension.
3) Acceptable Use
You will not: (a) violate laws; (b) upload malicious code; (c) interfere with or disrupt the Services; (d) attempt to access non‑public areas; (e) reverse engineer the Services; (f) use the Services to infringe IP or privacy rights; (g) resell, lease, or provide the Services to third parties except as expressly permitted; (h) use automated means to scrape or harvest data except via our documented APIs under permitted rates.
4) Customer Content; Data Ownership
4.1 Ownership. You own Customer Content (data, files, and materials you input).
4.2 License to Operate Services. You grant us a worldwide, non‑exclusive license to host, process, transmit, display, and create derivative works of Customer Content solely to provide, maintain, secure, and improve the Services.
4.3 Data Portability & Deletion. During your subscription and for 30 days after termination, you may export Customer Content via available tools. Thereafter we may delete it from active systems, subject to legal retention.
5) Confidentiality
Each party may access the other’s confidential information (“Confidential Information”). The receiving party will use reasonable care to protect it and only use it for these Terms. Exclusions: information that is public, independently developed, or rightfully received from a third party.
6) Intellectual Property; Feedback
The Services, software, and documentation are owned by Elevation Advisor or its licensors. No rights are granted except as expressly stated. You grant us a perpetual, worldwide license to use feedback you provide to improve the Services.
7) Third‑Party Services
Certain features may depend on third‑party services or integrations. Your use of such services may be subject to their terms. We are not responsible for third‑party services unless expressly stated.
8) Service Levels, Support, and Beta Features
8.1 Availability. We strive for high availability but do not guarantee uninterrupted service. We may suspend the Services for maintenance or emergencies.
8.2 Support. Standard support is available via [email protected] during posted hours.
8.3 Beta/Preview. We may offer beta features “as‑is,” without warranties, and may change or discontinue them at any time.
9) Security
We implement administrative, technical, and physical safeguards designed to protect the Services and Customer Content. You remain responsible for your configurations and access controls (e.g., MFA, role permissions).
10) Marketing Communications
By creating an account, you agree we may send administrative notices. Separate consent is required for marketing emails; you can unsubscribe at any time via included links.
11) Export; Sanctions; Compliance
You will not use the Services in violation of U.S. export control or sanctions laws. You are responsible for complying with local laws in your jurisdiction.
12) DMCA Policy
If you believe content infringes your copyright, send a notice to [email protected] with the information required by 17 U.S.C. §512. We may remove content and, when appropriate, terminate repeat infringers.
13) Warranties; Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. We do not warrant the Services will be error‑free or uninterrupted.
14) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; AND (B) EACH PARTY’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE IS LIMITED TO THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. These exclusions do not apply to your payment obligations, your infringement of our IP, or your indemnity.
15) Indemnification
You will defend, indemnify, and hold Elevation Advisor and its affiliates harmless from claims arising out of (a) your misuse of the Services, (b) your violation of laws or these Terms, or (c) Customer Content (including claims that it infringes rights or violates privacy).
16) Term; Termination; Suspension
Either party may terminate at the end of a term by giving notice per the Order. We may suspend or terminate for material breach, unlawful activity, or risk to the Services. Upon termination, your right to access the Services ceases, subject to Section 4.3.
17) Modifications to the Services or Terms
We may update the Services or these Terms. If changes are material, we will provide notice. Continued use after the effective date constitutes acceptance. If you object to material changes, your sole remedy is to stop using the Services.
18) Governing Law
These Terms are governed by the laws of the State of Washington, without regard to its conflict of laws rules.
19) Dispute Resolution; Arbitration; Class Action Waiver
19.1 Informal Resolution. Before filing a claim, the parties will attempt to resolve disputes in good faith within 30 days after written notice.
19.2 Arbitration. Except for claims that qualify for small‑claims court or requests for injunctive relief to protect IP or Confidential Information, all disputes arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Spokane County, Washington.
- Rules. If you are an individual using the Services for personal/household purposes, the AAA Consumer Arbitration Rules apply; otherwise, the AAA Commercial Arbitration Rules apply.
- Locale & Language. Spokane County, Washington; English. The arbitrator may allow remote proceedings.
- Fees. AAA rules govern fees. For individual consumers, we will pay any filing, administrative, and arbitrator fees that the AAA rules require us to pay.
- Opt‑Out. You may opt out of this arbitration agreement by sending a written opt‑out notice to [email protected] within 30 days of first accepting these Terms.
19.3 Class Action Waiver. Arbitration and litigation must proceed on an individual basis only. The parties waive any right to a jury trial or to participate in a class, collective, consolidated, or representative action.
19.4 Court Venue. If arbitration is found unenforceable for a claim, exclusive jurisdiction and venue lie in the state or federal courts located in Spokane County, Washington.
20) Miscellaneous
Assignment (with notice but not unreasonably withheld), force majeure, entire agreement, severability, and order of precedence (Order → DPA (if applicable) → these Terms → policies referenced herein). Notices will be sent to your account email and to us at [email protected].