Elevated Design Build (“Elevated Design Build,” or “we” or “us”), has developed these Terms of Use (“Site Terms”) to describe the terms that govern your access and use of the Sites. These Site Terms apply to the Elevated Design Build websites (“Sites”), mobile sites, applications (“apps”), widgets, and other content and services that are linked to these Site Terms.
They do not alter in any way the terms or conditions of any other agreement you may have with Elevated Design Build or its subsidiaries or affiliates for other services.
Except as supplemented or superseded as described herein, these general terms of use for apply to the entire network of Elevated Design Build’s Sites including, but not limited to the websites of Elevated Design Build’s subsidiaries and affiliates, and control your use thereof.
Elevated Design Build reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective upon posting of the revisions and notice of such changes to the Sites. Your continued use of these Sites following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites.
BY ACCESSING, BROWSING, AND USING THE Elevated Design Build SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THESE SITES.
Questions or comments about these Sites or their content should be directed to Elevated Design Build.
INCORPORATED POLICIES
Privacy Policy. Elevated Design Build believes strongly in protecting individual user privacy and providing you notice of Elevated Design Build’s collection and use of data, including personally identifying information collected from the Sites. Therefore, Elevated Design Build has adopted a Privacy Policy that you should review in order to fully understand how Elevated Design Build collects and uses information.
SITE LICENSE AND ACCESS
Elevated Design Build grants you a limited license to make personal use only of the Sites. Such grant does not include, without limitation: (a) any resale or commercial use of the Sites or content therein; (b) the collection and use of any service listings or descriptions; (c) making derivative uses of the Sites and their contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Elevated Design Build or any third party.
You may not use, frame or utilize framing techniques to enclose any Elevated Design Build trademark, logo or other copyrighted information (including the images found at these Sites, the content of any text or the layout/design of any page or form contained on a page) without Elevated Design Build’s express written consent with the exception of the commercial images and videos provided on the Sites’ Media Resources, the use of which is subject to the express terms and conditions pertaining thereto. Further, you may not use any meta tags or any other “hidden text” utilizing a Elevated Design Build name, trademark, or product name without Elevated Design Build’s express written consent.
Any unauthorized use of these Sites will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law.
COPYRIGHT
All copyrighted and copyrightable materials on these Sites, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are copyrighted, ALL RIGHTS RESERVED, by Elevated Design Build. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Elevated Design Build or the respective copyright owner with the exception of the commercial images and videos provided on the Sites’ Media Resources, the use of which is subject to the express terms and conditions pertaining thereto. Permission is granted to display, copy, distribute and download the Materials on these Sites for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Elevated Design Build or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
COPYRIGHT COMPLAINTS
Elevated Design Build respects the intellectual property of others. If you believe that your work has been copied and has been posted to these Sites in a way that constitutes copyright infringement, please provide Elevated Design Build the following written information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim had been infringed upon;
A description of where the material that you claim is infringing is located on the Sites;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
TRADEMARKS AND SERVICE MARKS
Elevated Design Build trademarks and logos hereafter referred to collectively as “Elevated Design Build Marks” and as to Logos only as “Logo or Logos” are the cornerstone of the company and instrumental in building and sustaining a strong image of the company’s brand. Information found below provides guidelines for Elevated Design Build Marks and Logos.
Elevated Design Build Marks and Logos may not be copied, imitated or used, in whole or in part, without the prior written permission of Elevated Design Build with the exception of the commercial images and videos provided on the Sites’ Media Resources the use of which is subject to the express terms and conditions pertaining thereto.
Elevated Design Build Marks and Logos should be fully, clearly and legibly reproduced.
Elevated Design Build Marks and Logos should be depicted in their entirety, without modification or abbreviation. No attempt should be made to alter, revise or recreate these logos in any manner whatsoever including, but not limited to, changes in color, proportion, design, or removal of any words or trademark symbols. Any variation requires approval of Elevated Design Build.
EXAMPLES
Elevated Design Build – Correct
Elevated Design – Incorrect
ElevatedDesignB – Incorrect
Other business(es) trademarks, logos, projects or organization names should not be incorporated into Elevated Design Build Marks or Logos unless Elevated Design Build has provided approval to do so.
Elevated Design Build Marks and Logos shall not be used (i) in any manner inconsistent with these guidelines, (ii) in any way which is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or (iii) in any way that could give rise to any civil or criminal liability under the law or otherwise diminish the goodwill and integrity of the Elevated Design Build or Elevated Design Build.
Elevated Design Build Marks may never be used in a manner that would disparage Elevated Design Build or its products or services.
Elevated Design Build Marks may not be translated into another language or changed into another character set without the prior approval of Elevated Design Build.
Elevated Design Build Marks and Logos may not be used to endorse or promote third parties, others’ goods or services, political campaigns or promotion of political causes, or for organizations and programs not directly sponsored by Elevated Design Build, without the written permission of Elevated Design Build.
All uses of Elevated Design Build Marks or Logos in marketing, advertising, product sheets, collateral materials, website, social media, other digital media applications or promotional items should be approved by Elevated Design Build prior to such use. Social media shall mean online or internet communications, including, but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube, as well as personal websites, weblogs (blogs), and vlogs (video blogs).
The Logos must never be used as a substitute for the corporate name, “Elevated Design Build” in text in documents.
Any approved use of Elevated Design Build Marks or Logos on websites must always include a link to ElevatedDesignBuild.com.
All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use Elevated Design Build Marks is subject to prior approval, and should be addressed to Elevated Design Build.
LINKING
Links to the Sites. You are granted a limited, non-exclusive right to create a hyperlink to these Sites provided such link does not portray Elevated Design Build or any of its services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Elevated Design Build logo or other proprietary graphic or trademark of Elevated Design Build to link to these Sites without the express written permission of Elevated Design Build. This limited right may be revoked at any time.
Third-Party Links. Elevated Design Build makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from these Sites, or third-party sites linking to these Sites. The third-party linked sites are not under the control of Elevated Design Build and Elevated Design Build is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. Elevated Design Build is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Elevated Design Build of the sites or any information contained therein. When leaving the Elevated Design Build Sites, you should be aware that Elevated Design Build’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy data gathering practices, of that site.
PRESS RELEASES
The information contained within the press releases issued by Elevated Design Build should not be deemed accurate or current except as of the date the release was posted. Elevated Design Build has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
DISCLAIMERS
“AS IS” BASIS. THESE SITES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THESE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THESE SITES, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. Elevated Design Build DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. Elevated Design Build DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THESE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Elevated Design Build IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE Elevated Design Build ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, Elevated Design Build CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THESE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Elevated Design Build reserves the right to change any and all content contained on these Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Elevated Design Build.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Elevated Design Build BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THESE SITES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Elevated Design Build (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF Elevated Design Build’S SITES EXCEED $5.00 OR THE COMPENSATION YOU PAID Elevated Design Build, WHICHEVER IS LESS.
Certain laws do not allow limitation on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusion, or limitations, may not apply to you, and you may have additional rights to those contained herein.
APPLICABLE LAW AND VENUE
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Colorado without regarding to conflict of law principles. Exclusive jurisdiction for any litigation arising out of these terms and conditions or its subject matter shall be in County of Larimer, State of Colorado.
TERMINATION
Notwithstanding any of these terms and conditions, Elevated Design Build reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent future access to and use of the Sites.
SEVERABILITY
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
SOCIAL MEDIA
Our social media pages/channels, including, but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube (“Sites”) are a place for you to learn more about the Elevated Design Build. Neither Elevated Design Build nor any of its subsidiaries are responsible for third party content posted or appearing on these Sites, including but not limited to content and links posted by users. Elevated Design Build does not control or endorse nor is it responsible for third party content and makes no representations regarding the accuracy of content, information, opinions, claims or advice shared by Elevated Design Build fans.
Elevated Design Build does not condone or allow use of social media community space for content not related to the Elevated Design Build. We reserve the right to remove postings that are: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of copyright or intellectual property laws; (d) contain advertising or SPAM; (e) and any other content that Elevated Design Build may deem inappropriate.
Elevated Design Build reserves the right to ban and block individuals who do not follow these basic rules of engagement. We are excited that you have decided to visit our social media pages/channels on these Sites you should also be aware and familiarize yourself with the site owner’s terms of service as posted on the sites.
WEB ACCESSIBILITY
Elevated Design Build is committed to making the electronic communications we deploy accessible to individuals with disabilities. Elevated Design Build’s work on accessible design is continuous and we welcome feedback on improving the accessibility features of our sites. It is our commitment to provide files in accessible formats. If you need to request an alternative version of information posted on these sites, please contact Elevated Design Build at: 125 S. Howes, Fort Collins, CO 80525 and provide as much information as you can about the content, its location, and your specific needs.
