Parties
"Elevation Technology" refers to Elevation Technology, its owner(s), principals, agents, representatives, divisions, contractors, affiliates, and all personnel operating under its name, including but not limited to Elevation Learning.
"User" refers to any individual, student, instructor, client, business, partner, organization, or entity that submits a form, makes an inquiry, enters a contract, attends a session, or engages with Elevation Technology in any capacity, whether paid or unpaid, formal or informal.
Accuracy and Truthfulness of Information
The User represents, warrants, and guarantees that all information submitted to Elevation Technology through any form, email, verbal communication, written communication, or any other channel is true, complete, accurate, current, and not misleading in any respect.
The User acknowledges that Elevation Technology relies on submitted information to provide services, make decisions, issue certifications, and fulfill contractual obligations.
Any misrepresentation, omission, falsification, or submission of inaccurate or fraudulent information by the User constitutes a material breach of this agreement. Elevation Technology reserves the right to immediately terminate any engagement, revoke any certification or credential issued, withhold any career support services, and pursue all available civil and criminal legal remedies against the User in such event.
The User accepts full legal responsibility for any harm, loss, damage, or liability that Elevation Technology suffers as a direct or indirect result of the User's submission of false or inaccurate information.
Compliance With Applicable Law
The User agrees to comply with all applicable local, state, federal, and international laws, regulations, statutes, ordinances, directives, and rules in connection with any engagement with Elevation Technology.
This includes but is not limited to:
- (a) The Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce.
- (b) The Children's Online Privacy Protection Act (COPPA), which governs the collection of personal information from individuals under the age of 13. Any User under 13 must obtain verified parental or guardian consent before submitting any form or engaging with Elevation Technology.
- (c) The Family Educational Rights and Privacy Act (FERPA), where applicable to student records.
- (d) The General Data Protection Regulation (GDPR), for Users located in the European Union or European Economic Area.
- (e) All applicable consumer protection laws in the User's jurisdiction.
- (f) All applicable immigration, employment, and labor laws where the User's engagement involves teaching, contracting, or professional services.
The User represents and warrants that:
- (i) The User has full legal capacity and authority to enter this agreement.
- (ii) The User's participation does not violate any law, regulation, court order, or obligation owed to any third party.
- (iii) The User will not use any Elevation Technology service, content, certification, or resource for any unlawful, fraudulent, or harmful purpose.
- (iv) The User will not engage in discriminatory, abusive, harassing, or threatening conduct toward any Elevation Technology personnel, student, instructor, or affiliate.
No Employment Guarantee or Outcome Warranty
Elevation Technology provides educational instruction, professional certifications, and career support services. Elevation Technology does not guarantee any specific employment outcome, salary level, job placement, career advancement, promotion, admission to any institution, or professional result of any kind.
Any reference to career support, job readiness, or employment-related outcomes on Elevation Technology's website, marketing materials, or communications represents the general intent of its programs and does not constitute a binding guarantee, warranty, or representation of a specific result.
The User accepts full responsibility for the User's own career decisions, employment outcomes, and professional development.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, Elevation Technology provides all services, content, materials, and certifications on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, express or implied, including but not limited to:
- (a) Warranties of merchantability or fitness for a particular purpose.
- (b) Warranties that course content will be error-free, complete, or current.
- (c) Warranties that certifications issued will satisfy requirements of any employer, government body, licensing authority, or academic institution.
- (d) Warranties that services will be uninterrupted or free from technical errors.
Nothing in this section limits Elevation Technology's obligations under applicable consumer protection law that a contract cannot waive.
Limitation of Liability
To the maximum extent permitted by applicable law, Elevation Technology, its owner(s), principals, employees, contractors, agents, and representatives shall not be liable for any:
- (a) Direct, indirect, incidental, consequential, special, exemplary, or punitive damages.
- (b) Loss of income, loss of opportunity, loss of data, or loss of business.
- (c) Damages arising from the User's reliance on course content, certifications, career support, or any other service Elevation Technology provides.
- (d) Damages resulting from technical failures, interruptions, or errors beyond Elevation Technology's reasonable control.
- (e) Damages arising from a third-party employer's, institution's, or government authority's decision not to recognize, accept, or honor any Elevation Technology certification or program.
In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, Elevation Technology's total liability to the User shall not exceed the total amount the User paid to Elevation Technology in the three (3) months immediately preceding the event giving rise to the claim.
Indemnification
The User agrees to indemnify, defend, and hold harmless Elevation Technology, its owner(s), principals, officers, employees, contractors, agents, and representatives from and against any and all claims, demands, lawsuits, investigations, regulatory actions, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses (including reasonable attorney fees) arising out of or related to:
- (a) The User's submission of false, inaccurate, fraudulent, or misleading information.
- (b) The User's violation of any applicable local, state, federal, or international law or regulation.
- (c) The User's breach of any provision of this agreement.
- (d) The User's misconduct, negligence, fraud, or intentional wrongdoing.
- (e) Any third-party claim arising from the User's conduct, actions, or omissions in connection with Elevation Technology.
- (f) Any regulatory action, government investigation, or legal proceeding Elevation Technology faces as a direct or indirect result of the User's actions or representations.
This indemnification obligation survives the termination of any engagement between the User and Elevation Technology indefinitely.
Force Majeure
Elevation Technology shall not bear liability for any failure or delay in performing its obligations under this agreement where such failure or delay results from causes beyond Elevation Technology's reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, government action or regulation, internet or telecommunications failure, power outages, or any other event beyond Elevation Technology's reasonable control (a "Force Majeure Event").
In the event of a Force Majeure Event, Elevation Technology will make reasonable efforts to resume services as promptly as practicable.
Assumption of Risk
The User acknowledges and accepts that participation in any Elevation Technology program, course, session, or service carries inherent risks, including but not limited to:
- (a) The risk that course content, while Elevation Technology designs it to reflect current industry knowledge and practices, may not reflect the most current developments in rapidly evolving fields such as technology, cybersecurity, or artificial intelligence.
- (b) The risk that certifications Elevation Technology issues may not satisfy the specific requirements of any particular employer, institution, or licensing authority.
- (c) The risk that career outcomes depend on factors entirely outside Elevation Technology's control, including labor market conditions, the User's individual performance, and employer decisions.
The User voluntarily assumes all such risks and waives any claim against Elevation Technology arising from these inherent risks.
Intellectual Property
All course content, curricula, frameworks, methodologies, materials, branding, logos, documents, resources, and instructional outputs that Elevation Technology creates or owns are the exclusive intellectual property of Elevation Technology. The User holds a limited, non-exclusive, non-transferable license to use these materials solely for the User's personal, non-commercial educational purposes.
The User may not reproduce, distribute, sell, sublicense, modify, publish, broadcast, transmit, or create derivative works from any Elevation Technology content without prior written authorization from Elevation Technology.
Unauthorized use of Elevation Technology's intellectual property subjects the User to civil and criminal liability under applicable copyright and intellectual property law.
Data Privacy and Security
Elevation Technology collects, stores, and uses personal information Users submit solely for the purpose of delivering services, communicating with Users, issuing certifications, and fulfilling contractual obligations.
Elevation Technology commits to the following data handling practices, consistent with FTC guidance and applicable privacy law:
- (a) Elevation Technology does not sell, rent, or transfer User personal data to third parties for commercial or marketing purposes.
- (b) Elevation Technology collects only the personal information reasonably necessary to deliver its services.
- (c) Elevation Technology stores personal data securely and takes reasonable technical and administrative precautions to protect it from unauthorized access, disclosure, or misuse.
- (d) Users located in the European Union or European Economic Area retain rights under the GDPR, including the right to access, correct, delete, or restrict processing of their personal data. Users may exercise these rights by contacting Elevation Technology by email.
- (e) Users located in California retain rights under the California Consumer Privacy Act (CCPA), including the right to know what personal data Elevation Technology collects and the right to request deletion of that data.
- (f) Elevation Technology does not knowingly collect personal information from individuals under the age of 13 without verified parental or guardian consent, consistent with COPPA.
- (g) By submitting any form or engaging with Elevation Technology, the User expressly consents to Elevation Technology's collection, storage, and use of submitted personal information as this section describes.
No Discrimination
Elevation Technology does not discriminate on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, age, disability, veteran status, citizenship, or any other characteristic that applicable federal, state, or local law protects.
The User agrees not to engage in discriminatory, harassing, abusive, or threatening conduct toward any student, instructor, employee, contractor, or representative of Elevation Technology. Elevation Technology reserves the right to immediately terminate any User's access to its programs and services upon a finding of such conduct, without refund or obligation.
No Guarantee of Acceptance
Submission of any enrollment form, instructor application, inquiry form, or contact request does not guarantee acceptance into any program, course, session, or engagement with Elevation Technology. Elevation Technology retains the sole and exclusive right to accept or decline any application or inquiry at its discretion, without obligation to provide a reason for its decision.
Termination and Revocation
Elevation Technology reserves the right to terminate any User's enrollment, engagement, or access to services at any time, with or without cause, upon reasonable notice. Grounds for immediate termination without notice include but are not limited to:
- (a) Submission of false or fraudulent information.
- (b) Violation of this agreement.
- (c) Conduct that harms or threatens Elevation Technology, its personnel, students, or instructors.
- (d) Violation of any applicable law or regulation.
Upon termination, all licenses this agreement grants to the User immediately terminate. Elevation Technology retains the right to revoke any certification it issued to a User whose enrollment it obtained through fraud or misrepresentation.
Dispute Resolution and Binding Arbitration
In the event of any dispute, claim, or controversy arising out of or relating to this agreement or any engagement with Elevation Technology, the parties agree to first attempt resolution through good-faith written negotiation for a period of thirty (30) days from the date one party notifies the other of the dispute in writing.
If negotiation fails to resolve the dispute within thirty (30) days, the parties agree to submit the dispute to final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in the United States. The arbitrator's decision shall be final and binding and a court of competent jurisdiction may enter it as a judgment.
The User expressly waives any right to:
- (a) Participate in a class action lawsuit or class-wide arbitration against Elevation Technology.
- (b) Bring any claim in a representative capacity on behalf of any other person or entity.
- (c) Consolidate any claim with any other person's or entity's claim against Elevation Technology.
Nothing in this section prevents Elevation Technology from seeking emergency injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or business interests.
The laws of the United States govern this agreement, without regard to conflict of law principles.
No Waiver
Elevation Technology's failure to enforce any provision of this agreement at any time does not constitute a waiver of its right to enforce that provision or any other provision in the future. All rights and remedies available to Elevation Technology under this agreement and applicable law are cumulative and not exclusive of one another.
Severability
If any court or arbitrator of competent jurisdiction finds any provision of this agreement to be unenforceable or invalid, that provision will be enforced to the maximum extent permissible under applicable law. The remaining provisions of this agreement will remain in full force and effect as if the unenforceable provision had never existed.
Entire Agreement
This document constitutes the entire agreement between the User and Elevation Technology with respect to the subject matter described herein and supersedes all prior representations, promises, agreements, negotiations, and understandings, whether oral or written, between the parties.
Modifications
Elevation Technology reserves the right to update or modify these terms at any time by posting a revised version at elevationtechnology.org. The effective date at the top of this document reflects the most recent revision. The User's continued engagement with Elevation Technology after any modification constitutes the User's acceptance of the updated terms without reservation.
Contact
Elevation Technology
Visit elevationtechnology.org or use the contact form.
Notice — not legal advice
This document does not constitute legal advice. Elevation Technology strongly recommends that a licensed attorney in your jurisdiction review and supplement these terms before you publish or rely on them for legal protection. Laws vary by jurisdiction and change over time.
Form Consent Sentence
The following sentence appears at the bottom of every Elevation Technology and Elevation Learning intake form:
"By submitting this form, you confirm that all information you provided is true, complete, and accurate, and you agree to the Elevation Technology Terms of Engagement available at elevationtechnology.org, including its provisions on accuracy of information, limitation of liability, indemnification, assumption of risk, data privacy, and binding arbitration."
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