Elevate Terms & Conditions
TERMS AND CONDITIONS
Last Updated: 2025-02-20
1. AGREEMENT TO TERMS
These Terms and Conditions (“Agreement”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“Customer,” “you,” or “your”), and Elevate (“Company,” “we,” “us,” or “our”), concerning your access to and use of our website, products, and services (collectively, the “Services”). By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these Terms, you are prohibited from using our Services.
2. GENERAL INFORMATION
Elevate is a business specializing in supplements and well-being products. We ship only within the United States. While our operations are based in North Vancouver, Canada, all legal matters arising from or relating to this Agreement shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.
3. ELIGIBILITY
By using our Services, you represent and warrant that you are at least 18 years of age or have legal permission from a parent or guardian. You further agree that you will not:
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Violate any applicable laws or regulations.
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Engage in fraudulent activity, including but not limited to chargeback fraud or refund abuse.
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Misuse or violate our intellectual property rights.
We reserve the right to refuse service, terminate accounts, or cancel orders in our sole discretion if we suspect any violation of these Terms.
4. ORDERS AND PAYMENTS
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Accepted Payment Methods: PayPal, Wix Payments, Apple Pay, and Google Pay.
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Pricing and Taxes: Prices are subject to change without notice. Sales tax is calculated based on the state of purchase.
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Failed Payments: If payment is not successfully received, we reserve the right to cancel the order or contact you for resolution.
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Subscriptions: If you enroll in a subscription plan, your payment method will be charged automatically on a recurring basis. You may cancel your subscription at any time before the next billing cycle to avoid additional charges. No refunds are issued for partially used subscription periods.
5. SHIPPING AND DELIVERY
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Shipping Area: We currently ship within the United States only.
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Delivery Time: Estimated delivery is between 2 to 10 business days. Delivery times are approximate and not guaranteed.
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Shipping Fees: Shipping costs are calculated based on product weight and size.
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Lost or Stolen Packages: If a package is lost, Elevate may issue a refund at its sole discretion. If a stolen package claim is made, we may require supporting evidence such as security footage, and in some cases, a police report. Customers who request multiple refunds for stolen orders may be subject to an investigation to determine fraudulent activity. If fraud is determined, we reserve the right to deny refunds and pursue legal action.
6. RETURNS AND REFUNDS
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Return Window: You may request a return within 30 days of purchase. After this period, no returns will be accepted.
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Non-Returnable Items: The following items do not qualify for a return or refund:
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Opened supplements (seal broken).
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Opened hygiene products.
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Fitness equipment showing signs of damage or heavy use.
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Return Process: Customers must contact our customer support team through chat or email to initiate a return. If a return is approved, a shipping label will be provided, and the customer will be responsible for shipping costs. Refunds are processed only after the returned product is received and inspected.
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Refund Options: Customers may choose from the following refund options:
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Store credit.
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Product replacement.
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Refund to the original payment method (processed within 10 business days).
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Defective or Incorrect Products: If a defective or incorrect product is received, we may request evidence (e.g., photos) before issuing a replacement, refund, or store credit. Under certain circumstances, customers may be allowed to keep or dispose of the incorrect or defective product.
7. CHARGEBACK FRAUD AND DISPUTE RESOLUTION
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Chargeback Policy: If a chargeback is filed before the product is returned, Elevate reserves the right to deny a refund. Chargebacks do not guarantee a refund and will be evaluated on a case-by-case basis.
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Fraudulent Chargebacks: If a chargeback is determined to be fraudulent, we reserve the right to:
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Permanently ban the customer from making future purchases.
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Pursue legal action for damages, including but not limited to the cost of the product, legal fees, lost profits, and punitive damages.
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Report fraudulent activity to payment processors, which may result in account suspension or termination.
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Dispute Process: Customers must first attempt to resolve disputes through Elevate’s customer support. If a resolution cannot be reached, all disputes must be settled through arbitration in the State of Delaware.
8. INTELLECTUAL PROPERTY
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Ownership: All content on our website, including text, images, product descriptions, and branding, is the property of Elevate and is protected under intellectual property laws.
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Unauthorized Use: Unauthorized use, reproduction, or distribution of our content is strictly prohibited.
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Reselling and Profiting from Our Brand: Purchases are intended for personal use only. If any individual or entity uses Elevate’s name, branding, or content for financial gain without authorization, Elevate reserves the right to pursue legal action, including but not limited to financial damages, profit forfeiture, and injunctive relief.
9. PRODUCT LIABILITY DISCLAIMER
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Use at Your Own Risk: By purchasing and using our products, you acknowledge that individual results may vary.
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No Medical Claims: Our products are not intended to diagnose, treat, cure, or prevent any disease. Statements made about our products have not been evaluated by the FDA.
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Waiver of Liability: Elevate is not liable for any adverse effects resulting from product use. Customers assume full responsibility for their health and agree to consult a healthcare professional before use. By purchasing from Elevate, you waive your right to pursue legal action for any health-related claims.
10. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising out of or relating to this Agreement shall be resolved exclusively through arbitration in Delaware. By using our Services, you waive your right to bring a lawsuit against Elevate and agree to resolve all disputes through binding arbitration.
11. CLASS ACTION WAIVER
To the fullest extent permitted by law, you agree that all claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class or representative action. Class actions, collective lawsuits, and group claims are strictly prohibited.
12. MODIFICATIONS TO TERMS
Elevate reserves the right to modify this Agreement at any time. Any changes will be posted on our website, and continued use of our Services constitutes acceptance of the revised Terms. Orders placed before changes take effect will follow the Terms & Conditions in place at the time of purchase.
13. CONTACT INFORMATION
For questions or concerns regarding these Terms & Conditions, please contact us through the customer support chat on our website.
By purchasing from Elevate, you acknowledge and agree to these Terms & Conditions.