THESE TERMS OF USE AFFECT YOUR RIGHTS AND YOU SHOULD READ THE CAREFULLY.
Acceptance of Terms of Use
Terms of Use govern your use of the content and functions available through the www.elevatewithtarikeyo.com domain name and other websites and apps on which these terms reside or are linked from (collectively this “Platform”) that are operated by Elevate With Tarikeyo. By using, visiting, or browsing the “Platform”, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the “Platform”. These Terms of Use are an ongoing contract between you and Elevate With Tarikeyo and apply to your use of the Elevate With Tarikeyo “Platform”.
Changes to Terms of Use.
Elevate With Tarikeyo reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the Elevate With Tarikeyo “Platform” after changes are made means that you agree to be bound by such changes.
Privacy and Personal Information.
On certain areas of our “Platform”, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this “Platform”.
Your Account.
To access some features of the “Platform”, you will have to create an account. If you register an account on the “Platform”, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. When creating your account, you must provide accurate and complete information. You may never use another’s account without permission. You must notify Elevate With Tarikeyo immediately of any breach of security or unauthorized use of your account. Although Elevate With Tarikeyo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Elevate With Tarikeyo or others due to such unauthorized use.
The “Platform” sells products to adults, who can purchase with a credit card. If you are under 13, you may browse the “Platform”, but you may not register an account, purchase goods or participate in any offers or promotions. Elevate With Tarikeyo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Third-Party Content
These Terms of Use apply to all users of the “Platform”, including users who are also contributors of any media and/or content, information, and any other materials or services on the “Platform”. The “Platform” may contain links to third party “Platform” that are not owned or controlled by Elevate With Tarikeyo. Elevate With Tarikeyo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party “Platform’s”. In addition, Elevate With Tarikeyo will not and cannot censor or edit the content of any third-party site. By using the “Platform”, you expressly release Elevate With Tarikeyo from all liability arising from your use of any third-party “Platform”. Accordingly, when you leave the “Platform” or submit information to a third-party “Platform” accessible from this “Platform”, the terms and conditions and privacy policy of that other “Platform” will apply.
“Platform” Access. Elevate With Tarikeyo hereby grants you permission to use the “Platform” as set forth in these Terms of Use, provided that: your use of the “Platform” as permitted is solely for your personal, noncommercial use;you will not copy or distribute any part of the “Platform”, including content on the “Platform” provided by Elevate With Tarikeyo or its licensors, including graphics, images, text, digitally downloadable files, trademarks, logos, product and program names, or slogans Elevate With Tarikeyo, in any medium without
Elevate With Tarikeyo prior written authorization; you will not alter or modify any part of the “Platform” other than as may be reasonably necessary to use the “Platform” for its intended purpose; you will not use any electronic communication feature of the “Platform” for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy)
without first obtaining the permission of the owner of such rights; you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (vii) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; andyou will otherwise comply with the terms and conditions of these Terms of Use.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses this “Platform” in a manner that sends more request messages to the Elevate With Tarikeyo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, Elevate With Tarikeyo grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Elevate With Tarikeyo reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including account names, from the “Platform”, nor to use the communication systems provided by the “Platform” for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the “Platform” with respect to their user submissions.
Limitation of Liability
THIS “PLATFORM” (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED HEREON) IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS “PLATFORM” OR ANY INFORMATION OR SOFTWARE THEREIN. IN NO EVENT SHALL Austin Breeze, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR “PLATFORM”,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR “PLATFORM”,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR “PLATFORM” BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ELEVATE WITH TARIKEYO “PLATFORM”, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEVATE WITH TARIKEYO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ELEVATE WITH TARIKEYO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USER OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Elevate With Tarikeyo makes no representations about the reliability of the features of this “Platform”, the content, or any other “Platform” feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Austin Breeze makes no representations regarding the amount of time that any content will be preserved.
- The “Platform” is controlled and offered by Elevate With Tarikeyo from its facilities in the United States of America. Elevate With Tarikeyo makes no representations that the Elevate With Tarikeyo “Platform” is appropriate or available for use in other locations. Those who access or use the Elevate With Tarikeyo “Platform” from other jurisdictions do so at their own volition and are responsible for compliance with local law. Indemnity, you agree to defend, indemnify and hold harmless Elevate With Tarikeyo, its parent corporations, affiliates officers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the “Platform”;
- your violation of any term of these Terms of Use;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that one of your user submissions is offensive, defamatory, obscene or otherwise objectionable or caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the “Platform”.
- product liability claims;
- any claim that the “Platform” fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
Ability to Accept Terms of Use.
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Elevate With Tarikeyo “Platform” is not intended for children under 13. If you are under 13 years of age, then please do not use the Elevate With Tarikeyo “Platform” – there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Use will be governed by and construed in accordance with the internal laws of Texas without regard to conflicts of laws principles. By using this site, you hereby agree that all disputes regarding these Terms of Use will be subject to the courts located in Virginia Beach, Virginia. These Terms of Use operate fully permissible by law. If Elevate With Tarikeyo fails to act with respect to your breach or anyone else’s breach on any occasion, Elevate With Tarikeyo is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Elevate With Tarikeyo regarding the use of the “Platform”.