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Home > Terms and Conditions
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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Trademarks, Copyrights and Other Intellectual Property RightsYou acknowledge and agree that all content and services available on the Site are our exclusive property and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the United States and internationally. Any other use, besides the for the purpose of placing an order, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Elevate Boutique.
Disclaimer of Warranties and Limitation of LiabilityYOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE, OUR AFFILIATES NOR OUR OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS OR EMPLOYEES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THE FOREGOING DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Arbitration and Dispute Resolution YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR THE BREACH THEREOF, SHALL BE EXCLUSIVELY SETTLED BY ARBITRATION IN LOS ANGELES, CALIFORNIA, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. YOU AGREE THAT ANY CLAIM YOU MAKE MUST BE BROUGHT BY YOU INDIVIDUALLY, AND CAN NOT BE COMBINED OR AGGREGATED WITH THE CLAIMS OF OTHERS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, BINDING, AND NON-APPEALABLE, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR(S) SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY ALL FEES AND COSTS OF THE ARBITRATION.
Choice of Law The laws of the State of California, without regard to principles of conflict of laws, will govern the terms of this Agreement and any dispute or claim of any sort that might arise between you and us or our affiliates.
SeverabilityIf any terms of this Agreement are deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of this Agreement.
Typographical ErrorsIn the event that a Elevate Boutique product is mistakenly listed at an incorrect price, Elevate Boutique reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Elevate Boutique reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Elevate Boutique shall issue a credit to your credit card account in the amount of the incorrect price.
Use of SiteHarassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an elevateboutique.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
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