Terms & Conditions
Energy Commerce Elevation LLC may revise these Terms at any time. Your continued usage of the Energy Commerce Elevation LLC Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the Energy Commerce Elevation LLC Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Energy Commerce Elevation LLC Services for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH Energy Commerce Elevation LLC ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 11). PLEASE READ IT CAREFULLY.
- ELIGIBILITY. You must be 18 years of age or older to visit or use the Energy Commerce Elevation LLC Services in any manner. By visiting the Energy Commerce Elevation LLC Services or accepting the Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the Energy Commerce Elevation LLC Services in a manner consistent with any and all applicable laws and regulations.
- USE OF THE Energy Commerce Elevation LLC SERVICES.
2.1 Use Restrictions. The content on the Energy Commerce Elevation LLC Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from Energy Commerce Elevation LLC’s licensors, and any other materials displayed through the Energy Commerce Elevation LLC Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Energy Commerce Elevation LLC. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Energy Commerce Elevation LLC or its licensors.
Energy Commerce Elevation LLC reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the Energy Commerce Elevation LLC Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions. Energy Commerce Elevation LLC does not claim ownership of any information or material a user provides to Energy Commerce Elevation LLC or posts, uploads, inputs, submits, or transmits to the VI Services (“Submission”). By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Energy Commerce Elevation LLC . If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Energy Commerce Elevation LLC a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Energy Commerce Elevation LLC is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Energy Commerce Elevation LLC is not responsible for the consequences of any Submission. Energy Commerce Elevation LLC is not responsible for screening or monitoring Submissions made to this Energy Commerce Elevation LLC Services by users. If notified by a user of a Submission allegedly in violation of these Terms, Energy Commerce Elevation LLC may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Energy Commerce Elevation LLC will have no liability or responsibility to users for performance or nonperformance of such activities.
Energy Commerce Elevation LLC reserves the right (but is not obligated) to: (a) record the dialogue on the Energy Commerce Elevation LLC Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Energy Commerce Elevation LLC Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Energy Commerce Elevation LLC Services, regardless of whether such Submission violates these Terms.
2.3 Your Account. If you use the Energy Commerce Elevation LLC Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Energy Commerce Elevation LLC reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion.
3. TERMS OF SALE
3.1 Introduction. Energy Commerce Elevation LLC sells and distributes various retail goods (the “Products”) to end-user customers who opt in to purchase a recurring membership plan (“Members”) to have the Products shipped regularly on a schedule for their own personal, non-commercial use (the “Membership”). You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
3.2 Gear Elevation Gold Products and Product Pricing. By checking this box at checkout, you agree that you are opting into a membership and you’ll be charged $18.99 one time every month after 30 days, and will have access to free products every month from a variety of brands, just cover shipping. You can view the current available free products at https://gearelevationgold.co.
3.3 Processing Orders. If any problems arise with your order, or with the shipping address or Payment Method associated with your Membership, and Energy Commerce Elevation LLC is unable to resolve the problem, we may notify you via e-mail using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future Restock Boxes until the problem has been resolved.
4. MEMBERSHIP TERMS AND CANCELLATION POLICY
4.1 Recurring Membership; Automatic Renewal. YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
Energy Commerce Elevation LLC will automatically renew your Membership and charge your Payment Method chosen by you and, as authorized by you by agreeing to the automatic renewal of your Membership during the Member sign-up process.
Your Payment Method will be charged at least one full business day prior to your next Product shipping date.
To avoid being charged, you must cancel your Membership in accordance with Section 4.3. We will continue to bill your Payment Method on a recurring basis until you cancel.
4.2 Pausing and Resuming Membership; Shipping Frequency. Members will be shipped Products based on the shipping frequency and/or shipping date chosen in their account.
For some Members, Energy Commerce Elevation LLC may offer the ability to temporarily pause their Memberships (“Pause Period”). During the Pause Period, Members will remain active members, but they will not receive any Energy Commerce Elevation LLC Products. A Member’s Membership may be placed on a Pause Period for either a one, two, or three month period. During the Pause Period, Members will remain a member of Energy Commerce Elevation LLC, continue to receive communications from Energy Commerce Elevation LLC via email, but will not be charged any maintenance or membership fee. Members who are in a Pause Period may resume receiving VI Products by logging into their account and resuming shipping either immediately or on their original bill date. You may email any questions about the Pause Period to us at firstname.lastname@example.org.
4.3 Membership Cancellation. If you would like to cancel your subscription at any time please email us at email@example.com or call us at 888-353-8373. Cancellation Requests submitted in this manner must be received at least one full business day prior to your next shipping date to avoid being charged. Cancellation requests received by CPI through other channels may take up to five (5) business days to process. If you have any problems, please email us at firstname.lastname@example.org
LIABILITY OF Energy Commerce Elevation LLC AND ITS LICENSORS AND PARTNERS. The use of the Energy Commerce Elevation LLC Services or the Contents is at your own risk. The Contents in the Energy Commerce Elevation LLC Services could include technical inaccuracies or typographical errors. Energy Commerce Elevation LLC may make changes or improvements at any time.
THE CONTENTS IN THE Energy Commerce Elevation LLC SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VI DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Energy Commerce Elevation LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Energy Commerce Elevation LLC SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CPI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE CPI SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Energy Commerce Elevation LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
- CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES. The Energy Commerce Elevation LLC Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Energy Commerce Elevation LLC Services. You agree that Energy Commerce Elevation LLC shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Energy Commerce Elevation LLC Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Energy Commerce Elevation LLC Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Energy Commerce Elevation LLCServices, or based on such third party’s participation or presence on the Energy Commerce Elevation LLC Services, are solely between you and the third party. Energy Commerce Elevation LLC makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Energy Commerce Elevation LLC Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
- INDEMNITY. You agree to defend, indemnify, and hold Energy Commerce Elevation LLC, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Consumer Products Innovations Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Energy Commerce Elevation LLC Services or Contents, or your violation of these Terms. Energy Commerce Elevation LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
- MODIFICATION OR SUSPENSION OF THE Energy Commerce Elevation LLC SERVICES. You agree that VI may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the VI Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you. VI shall have the right at all times to assign any of its rights or obligations under these Terms without your prior written consent.
- GENERAL. Energy Commerce Elevation LLC makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Energy Commerce Elevation LLC Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of VI and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
- CHOICE OF LAW. These Terms are governed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER. Please read this Section 11 (“Arbitration Agreement”) carefully. It is part of your contract with Energy Commerce Elevation LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at email@example.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Pennsylvania.
Applicable to Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a Claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.
- NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION. If you believe any Submission accessible on or from the Energy Commerce Elevation LLC Services infringes your copyright, you should notify Energy Commerce Elevation LLC of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Energy Commerce Elevation LLC (www.gearelevation.com) does not assume any responsibility or liability for the actions, product, and content of all and any other third parties uploading or selling products that might be infringing on another product. If there are similar products, please notify our team in writing and we will remove the product from our site in addition to removing the seller from our platform. If we reasonably believe a product violates the law, infringes or misappropriates the rights of any third party, or otherwise violates a material term of the Agreement, we will notify 3rd party of the Prohibited Content and will request that such content be removed from the Services or access to it be disabled. We terminate the accounts of repeat infringers in appropriate circumstances. Additionally, It is each seller’s and supplier’s responsibility to source, sell, and fulfill only authentic products. Prohibited products include bootlegs, fakes, or pirated copies of products or content; products that have been illegally replicated, reproduced, or manufactured; and products that infringe another party’s intellectual property rights. If a 3rd party sell or supply inauthentic products, we will immediately suspend or terminate their selling account.
We will process each notice of alleged infringement that CPC receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to CPC’s copyright agent at firstname.lastname@example.org (subject line: “DMCA Takedown Request”).
In an effort to protect the rights of copyright owners, Energy Commerce Elevation LLC maintains a policy for the termination, in appropriate circumstances, of users of the Energy Commerce Elevation LLC Services who are repeat infringers.
- SEVERABILITY. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Energy Commerce Elevation LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
- ASSIGNMENT OF RIGHTS. Energy Commerce Elevation LLC shall have the right at all times to assign any of its rights or obligations under the Terms without your prior written consent.
- 1-Year Extended WARRANTY.
Our 1-Year Extended warranty is subject to the following conditions:
a) You must be the original purchaser (the original invoice or order email will be required).
b) If your product has a defect related to a production failure, not wear and tear.
c) You must have purchased the product directly from us. (Proof of purchase will be required to demonstrate the origin of purchase e.g. original invoice or order email).
The 1-Year Extended warranty does not cover the following:
a) Fair wear and tear.
b) Improper care, alternation, misuse or accidental damage to the product.
c) Force majeure, such as floods and earthquakes.
c) Any repair work by unauthorized third parties on the products voids any warranties.
We do not take any responsibility for third party products, i.e., we will not reimburse any damage to devices used together with our products.
Our responsibility shall be limited to the repair or the replacement of the product at our sole discretion. Should no identical product be available, then a suitable alternative as deemed by us will be provided. Should no alternative be available then we may award a refund - the amount to be the purchase amount.
This warranty excludes claims for incidental or consequential damages in connection with the warranty problem.
This warranty does not affect and is in addition to any statutory rights you may have under United States Law.
Customers are obliged to return the product back to us on request at their own cost for inspection, to validate if the product is eligible for a replacement under this policy.
Should we deem your product's defect to be covered by the warranty, we will dispatch a new product to you within 30 days.
Mobile Message Service Terms and Conditions
Last updated: 10/14/2021
The Gear Elevation mobile message service (the "Service") is operated by [Energy Commerce Elevation LLC] (“Gear Elevation ” , “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Gear Elevation’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related [if you send promotional messages: and promotional ] messages, including [If you send transactional messages: updates, alerts, and information (e.g., order updates, account alerts, etc.) ] [If you send promotional messages: and promotions, specials, and other marketing offers (e.g., cart reminders)] from and on behalf of Gear Elevation via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Gear Elevation . Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. [ [If sending in the US or Canada] Text the single keyword command STOP to [insert your sending number] . [If sending using an alphanumeric sender ID in the UK or Australia] Click the unsubscribe link in any text message to cancel. ] You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Gear Elevation mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, call 888-353-8373 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice https://gearelevation.com/pages/privacy-policy.