TERMS & CONDITIONS

Thank you for visiting https://www.elevationburger.com (“Elevation Burger Website”). The following Terms and Conditions (“Terms”) govern your access to and use of all or part of the Elevation Burger Website, mobile application, and any other authorized websites, mobile applications, in-store kiosks or other online services, tools or programs owned or operated by Elevation Burger (“Elevation Burger”), or any of its affiliates or related entities, where these Terms may appear (collectively “Services”)”. Your use of the Services or visiting the Elevation Burger Website constitutes your agreement to follow and be bound by these Terms. If you do not agree, do not use the Services. If you use the Services or return thereafter, you agree to be bound by these Terms. Elevation Burger reserves the right to change or modify these Terms from time to time in its sole discretion. The modified Terms will be effective immediately upon posting to the Elevation Burger Website and you agree to be bound to the newly posted Terms and Conditions by continuing to use any Services.

USE RESTRICTIONS

Any material from or related to the Services, may not be copied, distributed, republished, modified, uploaded, incorporated posted, or transmitted in any way, without the prior written consent of Elevation Burger EXCEPT: you may print, display or download one copy of the Elevation Burger Website for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The material on the Elevation Burger Website is provided for lawful purposes only. Modification or use of the materials for any other purpose violates Elevation Burger’s intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Elevation Burger. Neither title nor intellectual property rights are transferred to you through your use, but remain with Elevation Burger, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

The Services may contain links to other websites (“Linked Sites”) that are not under the control of Elevation Burger and, therefore, Elevation Burger is and shall not be responsible for any content, webcasting or any form of transmission received from any Linked Site, as well as any updates or modifications to any Linked Sites.

As a condition of your use of the Services, you warrant to Elevation Burger that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair any or all the Services or interfere with any other party’s use and enjoyment of the Services.

LIABILITY RESTRICTIONS

Elevation Burger will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Elevation Burger will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Elevation Burger or an authorized Elevation Burger representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Elevation Burger total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access this site.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Elevation Burger by or through the Services (together, the “Submission”) will forever be the property of Elevation Burger. Elevation Burger will not be required to treat any Submission as proprietary or confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Elevation Burger operations. Without limitation, Elevation Burger will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Elevation Burger will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Elevation Burger or to other entities that are not involved in the operation of this site. Information submitted via a number of areas in this site is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Elevation Burger, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. No compensation will be paid with the respect to use any Submission. Elevation Burger is under no obligation to post any submission.

JURISDICTION

Except as described otherwise, all materials on the Elevation Burger Website are made available only to provide information about Elevation Burger. Elevation Burger controls and operates this site from its headquarters in Beverly Hills, California, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into, or to a national or resident of, any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department’s Specially Designated Nationals list, or (c) the US Commerce Department’s Table of Denial Orders. If you download or use any Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. Elevation Burger reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Elevation Burger Website or use of any Services following any such change constitutes your Agreement to follow and be bound by the Terms and Conditions as may be updated or modified.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ELEVATION BURGER DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELEVATION BURGER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELEVATION BURGER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT ELEVATION BURGER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. ELEVATION BURGER DISCLAIMS ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELEVATION BURGER NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS ON THE ELEVATION BURGER’S WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

Elevation Burger is not responsible if information made available on the Elevation Burger Website Service is not accurate, complete or current. The material is provided for general information only and should not be released upon or used as the sole basis for making significant decision without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the Elevation Burger Website is at your own risk.

EMPLOYMENT

Elevation Burger is an equal opportunity employer committed to a diverse workforce. Elevation Burger franchisees each hire their own employees and establish their own Terms and Conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Elevation Burger, its affiliated and related entities, its and their members, officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms. If you cause a technical disruption of the Elevation Burger Website or the systems transmitting the Elevation Burger Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

TERMINATION

Elevation Burger or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Elevation Burger sites, and (b) all related documentation and all copies and installations (together, the “Materials”). Elevation Burger, reserves the right in its sole discretion, to terminate this agreement immediately, including your access to the Services, without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

COPYRIGHT AND TRADEMARK INFORMATION

All of the material on this website is owned by Elevation Burger is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Elevation Burger, an affiliate, or by third parties who have licensed their materials to Elevation Burger. Elevation Burger is a registered trademark. The entire content of this website is copyrighted by Elevation Burger as a collective work under the copyright laws of the United States.

MISCELLANEOUS

These Terms will be governed and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Elevation Burger can revise these Terms at any time by updating this posting. Elevation Burger products and services are available in many parts of the United States. However, the Elevation Burger’s site may describe products and services that may not be available nationwide. This site may be linked to other sites, which are not maintained by Elevation Burger. Elevation Burger is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Elevation Burger of the sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Elevation Burger and as a result of these Terms or use of the Website.

PRIVACY

Elevation Burger will use the information you provide us only in the manner described in our Privacy Policy on our Elevation Burger Website. You may read our Privacy Policy by clicking on the Privacy Policy button where it appears on this Website. In the event we revise or modify our Privacy Policy, then these Rules will automatically refer to that revised Privacy Policy once it is published on our Elevation Burger’s Website.

You are responsible for keeping the information you use to access your Program Account (i.e., username and password for your Program Account, Facebook account,) private and secure. If someone besides you learns your Program Account username/password or learns your Facebook account information, and uses your password or Facebook account to access your Program Account, then you will be responsible for any actions that individual takes related to your Program Account.

REFUND POLICY/CANCELING YOUR ORDER

For orders placed online through the website, orders can be changed and or updated until the time payment is made with a credit card.  Once the credit card information has been entered and the order has been placed, orders cannot be canceled without calling the restaurant directly.   There is no way to cancel an order placed on the website or through the mobile application.  All guests are encouraged to review their order prior to entering their credit card information into the website.  Refund requests should be directed to the restaurant where the purchase was made, as most restaurants are independently owned and operated by franchisees.