Terms & Conditions
The following Terms and Conditions expressed by Elevated Wellness – also referred hereafter as “us,” “we,” or “our” – are important and govern the usage of the Elevated Wellness website and online store. By using our site, you naturally confirm your acknowledgment and acceptance of our Terms and Conditions. Please note that we reserve our rights to change all or parts of these Terms and Conditions at our discretion. Any modifications are effective immediately, and your continued use also confirms acknowledgment and acceptance of the changes; we suggest reviewing this page regularly.
If for any reason, you refuse to consent to our Terms and Conditions which includes all limitation contained henceforth, you cannot use or access the Elevated Wellness website or online store.
You agree to be at least the legal age of maturity required by your state or province of residence when accessing or using our site, or you are of legal age in your state or province of residence and grant permission to your legal minor dependents using our site. You also agree to be of legal age required by the state or province of residence when purchasing products from our site. It is your responsibility to determine if you can legally buy Elevated Wellness products.
When accessing our site and some of its resources, you may be required to enter registration details and other information. By doing so, you willingly accept that all information you provide is current, correct, and complete. If for any reason we suspect your submitted information is incorrect, outdated, incomplete, or an impersonation of someone different, we can exercise our right – without warning or prior notice – to
- Remove any of your posted comments
- Refuse your access to our site and its resources
- Terminate or suspend your access at our discretion
Along with complying with our terms and conditions, Elevated Wellness and our applicable affiliates grant you a restricted, fixed, and non-subcontract license to enter and make personal, non-commercial use of our site’s content and resources. With this license, you cannot
- Make borrowed use of our content and resources
- Download, copy or utilize account information to benefit third parties
- Use any robots, data mining, or similar data gathering extraction tools
- Resell or make commercial use of our site, its resources, content, or our products
Any and all rights not expressly allowed to you within our Terms and Conditions are reserved and retained by us, our suppliers, content providers, publishers, licensors, or rightsholders. You are not allowed to reproduce, duplicate, copy, sell, resell, or otherwise exploit any content or resources posted on Elevated Wellness, or products sold through our online store, without prior written authorization from us. You do not have our permission to abuse or misuse our content, products, or resources; applicable laws and our Terms and Conditions subject your use of our site. We reserve the right to terminate these licenses if you fail to comply with our Terms and Conditions.
You are allowed to use our site for purposes strictly granted by our site. You do not have permission to utilize our site or allow any other party to use our site for any other purposes – including commercial purposes – without our prior written authorization. Examples of restricted use includes but not limited to
- Co-branding our site
- Hyperlinking to our site
- Using our name, trademarks, or utilizing any “hidden text” or other meta tags
- Framing or using framing techniques to enclose any of our, or our affiliates’, logos, trademarks, other proprietary information – texts, forms, layouts, images, etc.
In regards to our Terms and Conditions, “co-branding” refers to the displaying of a name, logo, trademark, or other means of identification giving the impression of association with Elevated Wellness – or that another party has the authority to publish, display, or distribute our site or content and resources from our site. Your use of our site also guarantees your cooperation with us to cease any unauthorized co-branding, hyperlinking, or framing immediately.
We do not grant any permission for you to alter, interpret, decompile, dismantle, broadcast, license, subcontract, change, sell, frame, reflect, misuse, rent, lease, copy, duplicate, republish, upload, post, dispatch, or distribute any material from our site in any way.
The content and material – henceforth referred simply as “content” – from our site, or any other Internet site owned, controlled, operated, or licensed by Elevated Wellness are proprietary information belonging to us or our content providers. Our content providers and we retain all rights, interests, and titles within the content. Under our Terms and Conditions, you have no authorization to copy, transmit, distribute, display, republish, post, or upload from our site in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of our Terms and Conditions violates intellectual property rights. By accessing our site, you do not own any rights or titles to our content or other intellectual properties.
Other websites not maintained by or related to Elevated Wellness may hyperlink our site onto theirs. Such hyperlinks on our site provide a service to you and are not affiliated or sponsored by Elevated Wellness. We do not review such websites and are not liable for content produced on such sites. You agree to access hyperlinks at your own risk and understand we make no warranties or representations about their content nor the accuracy or completeness of these hyperlinks both to and from our site. Additionally, any hyperlinks on our site leading to third parties should not imply that Elevated Wellness endorses those websites.
The Food and Drug Administration (FDA) has not evaluated any statements or materials on our site nor products we sell and distribute through our online store. Neither the FDA or any regulatory agency endorses or approves any products available on our site or product ingredients. Our products on the Elevated Wellness website and online store should not be expected to diagnose, treat, cure, or prevent any diseases. We provide information and materials on our site strictly for educational purposes; you should not use anything from our site as a substitute for professional medical advice or care. Our information is not intended to treat or diagnose any health issues or illnesses without a doctor’s approval. For those of you pregnant, taking medication, nursing, or have medical conditions, we firmly advise consulting with a health professional before using Elevated Wellness products.
When accessing our site, you agree that we do not nor cannot assure or guarantee any files accessible for downloading from the Internet are free of viruses, Trojan horses, worms, or any other manifestation of codes with contamination or destructive abilities. It is your responsibility for executing adequate methods and checkpoints that satisfies conditions of data input and output accuracy and maintains a solution outside of our site for restoring any lost data. Elevated Wellness assumes no liability or risk of your Internet use. You should not expect our content to be current or complete nor use it to substitute any statements, written reports, or notices we provide. The use of our content – by investors, borrowers, or other persons – should be in the same capacity as any other educational medium and should not depend on our content outside of personal judgment. We do not claim our information to be exhaustive nor covers all topics, issues, or facts pertinent to your goals.
You understand the use of our site is at your own risk. We provide content “as is” and “as available” without any expressed, implied, or statutory warranties of any kind to the fullest extent granted by applicable law. We thus disclaim all warranties including, but not limited to, implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. Elevated Wellness makes no warranty, expressed or implied, that its website or any services, information, or products obtained on or through this site will satisfy personal requirements or be uninterrupted, secure, timely, or error-free, correct defects, or sites and servers are free of viruses or other malicious elements. We do not guarantee or make any representation about use, or the result of use, of our content concerning reliability, accuracy, or otherwise. Though we may conduct changes or improvements at our discretion, our content may contain technical inaccuracies or typographical errors. The complete cost of all servicing, repair, or correction of any loss or damage due to the use of our site or its content is your liability – not Elevated Wellness nor its affiliates. We do not guarantee your use of our content will not violate the rights of others nor do we assume any responsibility or liability for content errors or omissions. All information contained within our site, whether actual or forecasted, is expressed only from the date we post it; we are not obligated to update information after posting it nor remove it if it’s no longer complete or accurate.
At no time is the collective liability of Elevated Wellness and its affiliates, subsidiaries, service providers, licensors, employees, content providers, agents, directors and officers, to any party exceed the lesser of $100 or the amount paid for appropriate content, service, or product which caused liability – no matter form of action, whether in tort, contract, or otherwise.
Limitations on implied warranties, or the exclusion or limitation of certain damages are not allowed by certain state laws. If these laws apply to you, some or all of the exclusions, limitations, or disclaimers may not be applicable, and you may incur additional rights.
You agree to indemnify and hold Elevated Wellness, its affiliates, subsidiaries, service providers, licensors, contractors, employees, content providers, agents, directors, and officers – referred to as “Indemnified Parties” – harmless from any violation of our Terms and Conditions by you – including any content use outside what we expressly granted in our Terms and Conditions. Your agreement states the Indemnified Parties have no responsibility regarding any such infringement or unauthorized use; you also consent to reimburse in the juncture of Indemnified Parties – including damages, losses, costs, awards, expenses, judgments, attorney and expert witness fees. Ultimately, you will remit and hold Indemnified Parties harmless from and against any claims presented by third parties due to your use of information gained from our site.
TRADEMARKS AND COPYRIGHTS
Any trademarks, logos, service marks, graphics, coding, images, buttons, icons, banners, multimedia clips, and software on this site belongs strictly to Elevated Wellness and to the providers of those materials. Elevated Wellness and our material providers retain all rights regarding any respective trademarks, logos, service marks and copyright material on our site. You have no permission to use our trademarks and trade dress in conjunction with any products or services not belonging to Elevated Wellness, in any manner potentially confusing with customers, or in any disparaging or discrediting way.
PROCEDURES FOR CLAIMS OF COPYRIGHT INFRINGEMENT
In the event you believe your copyrighted work is used or displayed on our website in a manner that constitutes copyright infringement, submit the following information to [email protected] to file a report.
Notification of Claimed Infringement must include
- Your name, address, email address, and phone number
- Identification of the copyrighted work you claim infringement
- A description of the alleged infringed material along with the location of where an original or authorized copy exists
- A clear description of the location where the infringed material is on our site including the appropriate URL address
- A statement in good-faith that the copyright owner, its agent, or the law did not authorize the contested use of the work
- An electronic or handwritten signature of the owner or the person with representation of the owner of the copyright interest
- A statement from you, under penalty of perjury, that the information in your notice is accurate, and you are the copyright owner or have authority to act on behalf of the copyright owner
Under Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent directly to us only.
INFORMATION YOU CANNOT PUBLISH, POST, ETC.
With our Terms and Conditions, we do not permit you to send, post, transmit, publish, or submit in conjunction with our site any content that:
- Contains MP3 format files
- Does not relate directly to our site
- Solicits sponsors, advertisers, of funds
- Corresponds to a pyramid or comparable scheme
- Violates any law or gives the impression of breaking any law
- Expresses obscene, vulgar, indecent, or pornographic imagery
- Promotes unlawful activity or presents an intention to commit an illegal act
- Includes hyperlinks to other websites containing types of content described in this section
- You do not own or have the authority to post – including proprietary material of third parties
- Opposes policies or ordinances regularly established regarding the use of our site or connected networks to our site
- Markets any commercial effort or engages in business activities except for what our site expressly authorizes
- Falsifies or imitates ties to other entities or persons or otherwise manipulates headers or identifiers to disguise the content origin
- Seeks to cause harm or to exploit any person through exposure to inappropriate content, requests personal identifying details, or otherwise
- Infringes any intellectual properties or rights of an entity or person – including breaching anyone’s copyrights, trademarks, or publicity rights
- Disrupts proper flow of dialogue, causes a screen malfunction, or negatively affects people’s ability to participate in real-time activities with our site
- Threatens, abuses, or isolate others, defames, stalks, invades privacy, or is obscene, offensive, harassing, abusive, pornographic, racist, or threatening
- Includes apps or programs containing viruses, Trojan horses, worms, or any malicious computer codes, files, or programs created to terminate, prevent, or limit the functionality of computer equipment, software, or telecommunications
Without obligation, we reserve our rights to monitor usage of our site to determine compliance with our Terms and Conditions along with our refusal or removal of any information at our discretion. Nonetheless, you are solely liable for the content you submit. You acknowledge and agree that neither Elevated Wellness nor any of our third parties providing content assumes or hold responsibility for action or inaction by our third parties, or us, regarding any submissions.
Any passwords you create through our website are strictly for individual use. It is your responsibility for securing any passwords; you also accept liability for the activities that happen while logged into your account or password. Elevated Wellness has the right to monitor your password and may require you to change it at our discretion. If we reasonably consider you’re using an insecure password, we have the right to require a password change or account termination. Your use of any services or facilities that compromise security or interfere with system resources or accounts in conjunction with our site is strictly prohibited. Any use or distribution of tools created for 0
.endangering system safety – password guessing programs, cracking tools, n32.0etwork probing tools, etc. – is also strictly prohibited. If we discover your involvement in any system security violation, we reserve our right to release your details to system administrators to support in resolving security incidents. We also have the right to investigate suspected violations of our Terms and Conditions and to cooperate entirely with law enforcement authorities or court orders instructing us to disclose identities of anyone posting content that infringes our Terms and Conditions. When you consent to our Terms and Conditions, you waive and hold us and our affiliates, subsidiaries, service providers, licensors, employees, content providers, agents, directors, and officers harmless from any claims due to actions enforced by us as a consequence of our investigations or others – including law enforcement authorities.
APPLICABLE UNITED STATES LAW
Elevated Wellness website and online store are intended for consumers living in the United States. It is entirely your responsibility to know if accessing and buying Elevated Wellness products are legal where you reside. Accessing the Elevated Wellness website and purchasing its products is at your own risk; you are 100% liable for all applicable laws, regulations, treaties and rules compliance.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
METHOD OF DELIVERY
At this time we only ship within the United States. All orders will be shipped out within 2 business days and you will receive a confirmation email with tracking information. We ship via USPS priority mail which then takes an additional 2-4 days for the product to arrive (within the 48 contiguous States).
Please note that at this time our delivery service (USPS) will not deliver to PO Boxes or Military Bases.
All questions emailed to customer service will be answered as quickly as possible but are guaranteed within 1-2 business days.
Keep Austin Herbal uses a USPS address verification system. If your address is not confirmed you will receive an email from our customer service department. In certain cases this may delay your order.
By making a purchase you are demonstrating a clear understanding that we are selling these products as containing CBD (cannabidiol) from hemp oil. These statements have not been evaluated by the FDA and are not intended to diagnose, treat or cure any disease, always check with your physician before starting a new dietary supplement program. We are committed to complete compliance with FDA regulations and as such, because these products have not been evaluated by the FDA, we make no claims as to any benefits for products containing CBD (cannabidiol). If you decide to purchase our products, you are purchasing these products with the understanding the present status of CBD (cannabidiol) products.
Keep Austin Herbal wants to ensure that our customers get the product they expect, on-time and in perfect condition. Customers may return any unopened, or undamaged product for full refund. All refund requests must be submitted within 30 days of original purchase.
To submit a refund request please email [email protected]
All of products contain less than 0.3% THC. We are not legally able to make any recommendations or guarantees regarding drug tests on THC free products. If that is a concern, we would recommend not consuming any CBD products and/or doing some further research at ProjectCBD.org, before making the decision to consume any CBD.
CONTACT Elevated Wellness
For any questions or concerns about our Terms and Conditions, our site or business practices, or inquiries of republishing content from our site, please send an email to [email protected] or call us at (512) 382-1200