Legal

Terms of Service

Agreement to Our Legal Terms

We are Eleva MD LLC ("Company," "we," "us," "our"), a company registered in Utah, United States at 1883 W Royal Hunte Dr Ste 200A, Cedar City, UT 84720. We operate the website https://eleva.md (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). You can contact us by email at support@eleva.md or by mail to 1883 W Royal Hunte Dr Ste 200A, Cedar City, UT 84720, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Eleva MD LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Table of Contents

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Healthcare Industry Compliance

We operate in a highly regulated industry and comply with various healthcare and pharmacy-related laws, rules, and regulations, including, but not limited to:

Health Insurance Portability and Accountability Act (HIPAA): We implement safeguards to protect the privacy and security of your Protected Health Information (PHI) and comply with HIPAA's requirements regarding permissible uses and disclosures of PHI.
State Telehealth Laws: Our telehealth services adhere to applicable state laws and regulations governing the provision of remote healthcare services, including any state-specific licensing, prescribing, or disclosure requirements.
Pharmacy and Controlled Substance Regulations: Where applicable, we comply with relevant state boards of pharmacy and federal laws (e.g., DEA regulations) governing the prescription, dispensing, and shipment of medications, including controlled substances.

Certain products and services may be subject to oversight by the U.S. Food and Drug Administration (FDA). We comply with all applicable labeling, advertising, and safety reporting requirements, and continuously monitor and update our practices to align with evolving federal, state, and local healthcare regulations, including professional standards of care. By using our Services, you acknowledge that you understand we are subject to these industry-specific requirements and that you agree to use our Services in a manner consistent with these laws.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. No part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Your Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. Purchases and Payment

We accept Visa, Mastercard, American Express, and Discover. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in US dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to refuse any order placed through the Services and to limit or cancel quantities purchased per person, per household, or per order.

7. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

Cancellation

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@eleva.md.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

8. Return Policy

Please review our Return Policy posted on the Services prior to making any purchases. All sales are final and no refund will be issued, except as otherwise required by law or as specifically stated in our Return Policy.

9. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use of the Services, or engage in any automated use of the system such as scripts, data mining, robots, or similar tools.
Attempt to impersonate another user or person, or use the username of another user.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services, except as permitted by applicable law.
Use the Services as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise.

10. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services ("Contributions"). Contributions may be viewable by other users of the Services and through third-party websites, and may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that they are original to you or that you have all necessary rights, that they do not infringe third-party rights, and that they are not false, misleading, obscene, harassing, or otherwise objectionable.

11. Contribution License

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose. We do not assert any ownership over your Contributions; you retain full ownership of all of your Contributions and any intellectual property rights associated with them.

12. Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must: have firsthand experience with the person/entity being reviewed; not use offensive, abusive, racist, or hateful language; not include discriminatory references; not reference illegal activity; not be affiliated with competitors if posting negative reviews; not make conclusions as to the legality of conduct; not post false or misleading statements; and not organize a campaign encouraging others to post reviews. We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us and do not necessarily represent our opinions.

13. Social Media

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account"). You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach of the terms governing your use of each such account. Your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such providers.

14. Third-Party Websites and Content

The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, and other content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for them. Inclusion of, linking to, or permitting the use of any Third-Party Websites or Content does not imply approval or endorsement by us. If you access Third-Party Websites or use Third-Party Content, you do so at your own risk.

15. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from any other region of the world, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

17. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name or the name of any third party.

18. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times and may experience hardware, software, or other problems requiring maintenance. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime.

19. Governing Law

These Legal Terms shall be governed by and defined following the laws of Utah, United States. Eleva MD LLC and yourself irrevocably consent that the courts of Utah, United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

20. Dispute Resolution

Informal Negotiations

The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The seat of the arbitration shall be Utah, United States. The number of arbitrators shall be one. The language of the arbitration shall be English.

Restrictions

Any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, and there is no right or authority for any Dispute to be arbitrated on a class-action basis. Exceptions apply for disputes concerning intellectual property rights, allegations of theft, piracy, or unauthorized use, and claims for injunctive relief.

21. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

22. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO OUR SERVERS, OR ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES.

23. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

24. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.

25. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.

26. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

27. SMS Text Messaging

Opting In

By providing your mobile phone number and opting in to receive SMS text messages from us, you expressly consent to receive recurring automated marketing, transactional, and informational text messages from us at the mobile phone number provided. Consent is not a condition of purchase. Message and data rates may apply.

Opting Out

You may opt out of receiving text messages at any time by replying "STOP" to any message we send. After you opt out, you will receive one final message confirming your opt-out.

Message Frequency & Support

The frequency of messages will vary depending on your interactions with us and the services you use. For help or more information, reply "HELP" to any message or contact us at support@eleva.md.

28. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

29. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms.

30. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Eleva MD LLC
1883 W Royal Hunte Dr Ste 200A
Cedar City, UT 84720
United States
Email: support@eleva.md