Terms of Use

Last Updated on July 4, 2025


IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, USING, OR SUBSCRIBING OVER ELEVATEWIRELESS.COM.
These Terms contain disclaimers of warranties and limitations of liabilities (see Sections 6, 9, and 10) and form an essential basis of our agreement. Please print and retain a copy for your records.

These Terms of Use (“Terms”) together with our Privacy Policy constitute a legally binding agreement (“Agreement”) between you and your company (“you” or “Customer”) and Elevate Wireless Corp. (“Elevate Wireless,” “we,” “our,” “us”). This Agreement governs your access to and use—and attempted use—of elevatewireless.com (including any sub‑domains, collectively the “Website”) and the products and services provided by Elevate Wireless, including but not limited to the sale of wireless‑communication hardware (e.g., Ethernet radios, industrial routers), network design, radio path studies, technical support, and related consulting services.

By accessing, using, or subscribing over the Website, you accept these Terms in full. If you do not agree, you are not authorized to use the Website.


Binding Agreement

THIS IS A BINDING AGREEMENT. THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, GOVERN YOUR ACCESS TO AND USE—AND ATTEMPTED USE—OF THE WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED BY ELEVATE WIRELESS.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS‑ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION (SEE SECTION 11).

Elevate Wireless reserves the right to update and change these Terms and all documents incorporated by reference at any time by posting updates and/or changes to the Website. Your continued use after such changes constitutes acceptance of the revised Terms. The most recent version is always available at https://elevatewireless.com/terms-of-use.

To place an order for hardware, engage our engineering services, or otherwise become a paying Elevate Wireless customer, you may be required to agree to additional contractual terms.


Table of Contents

  1. Website Use
  2. Website User Conduct and Restrictions
  3. Our Privacy Policy and Your Personal Information
  4. Prohibited Use of the Site
  5. Information You Provide; Communications
  6. Disclaimer – Performance and Results Will Vary
  7. Customer Responsibilities
  8. Testimonials, Reviews, and Media Submissions
  9. Disclaimers of Other Warranties
  10. Limitations of Liabilities
  11. Dispute Resolution by Mandatory Binding Arbitration and Class‑Action Waiver
  12. Elevate Wireless’ Additional Remedies
  13. Indemnification
  14. Notice and Takedown Procedures; Copyright Agent
  15. Third‑Party Links
  16. Termination
  17. No Waiver
  18. Governing Law and Venue
  19. Force Majeure
  20. Assignment
  21. Electronic Signature
  22. Changes to the Agreement
  23. Severability
  24. Entire Agreement
  25. Contacting Us
  26. SMS Messaging Program

SECTION 1 – WEBSITE USE

The Website is intended solely for commercial and industrial customers. You may access it only as an adult acting on behalf of a business or other organization. By visiting or using the Website, you represent and warrant that:

  1. Age of Majority – You are at least 18 years old (or the legal age of majority in your jurisdiction, if higher).
  2. Authorized Capacity – You are an owner, employee, agent, or other duly authorized representative of a company, government agency, or similar entity.
  3. Authority to Bind – You have full legal authority to bind that entity to these Terms.
  4. Agreement to Comply – You agree to comply with, and to ensure the entity you represent complies with, every provision of this Agreement.

If any of these statements are not accurate for you, you are not authorized to use the Website.


SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS

All elements of the Website—including its design, text, graphics, logos, taglines, product images, videos, downloads, and all other content—are protected by United States and international copyright, trademark, and other intellectual‑property laws.

  1. Proprietary Marks – The Elevate Wireless name, logo, and any related marks or taglines are proprietary trademarks of Elevate Wireless Corp. Their use is strictly prohibited unless expressly permitted in writing by us.
  2. No Unauthorized Copying or Distribution – You may not copy, reproduce, modify, republish, upload, post, transmit, distribute, sell, license, or create derivative works from any part of the Website or its content without our prior written consent.
  3. Limited License – Subject to your ongoing, strict compliance with these Terms, Elevate Wireless grants you a revocable, limited, non‑exclusive, non‑transferable, royalty‑free license to access and use the Website solely for legitimate business purposes such as:
    • Reviewing product specifications and documentation
    • Downloading data sheets or white papers for internal evaluation
    • Requesting quotations for hardware or engineering services
    • Submitting service or support requests
    • Communicating with Elevate Wireless regarding existing or prospective orders
  4. This license does not grant you any ownership interest in the Website or its content and may be revoked at any time.
  5. Prohibited Conduct – You agree not to engage in any unlawful or harmful activity on or through the Website, including (but not limited to):
    • Hacking or Disrupting – Introducing malware, attempting to gain unauthorized access, or otherwise interfering with the Website’s operation, servers, or networks.
    • Data Mining or Scraping – Using robots, spiders, or other automated methods (except for standard search‑engine indexing) to collect data from the Website.
    • Defamatory or Infringing Content – Posting or transmitting material that is libelous, abusive, obscene, discriminatory, or that violates the intellectual‑property or privacy rights of Elevate Wireless or any third party.
    • Misrepresentation – Impersonating Elevate Wireless staff, misrepresenting your affiliation with us, or falsely stating or implying that we endorse your business, products, or services.
    • Unsolicited Communications (“Spam”) – Sending or authorizing any unsolicited commercial messages that reference Elevate Wireless or originate from our systems.
  6. Reservation of Rights – Any breach of this Section 2 automatically terminates the limited license granted above and may subject you and/or your company to civil and criminal penalties, as well as immediate suspension or termination of access to the Website. Elevate Wireless reserves all rights not expressly granted in these Terms.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

Your submission of any personal or company information through the Website—including data you provide in quotation requests, service or support tickets, purchase orders, newsletter opt‑ins, or SMS consent forms—is governed by our Privacy Policy, available at https://elevatewireless.com/privacy-policy. The Privacy Policy is incorporated into these Terms by this reference. By using the Website, you acknowledge that you have read the Privacy Policy and understand how we collect, use, protect, and disclose information.


SECTION 4 – PROHIBITED USE OF THE SITE

You agree not to use—or attempt to use—the Website in any unlawful, abusive, or harmful manner, or in any way that could damage Elevate Wireless, its customers, vendors, or partners. Specifically, you agree to refrain from:

a. HARMFUL ACTS. Any dishonest, deceptive, or unethical business practice; any violation of applicable law or regulation; any action that could harm the reputation, systems, or operations of Elevate Wireless; introducing or distributing malware; attempting to gain unauthorized access to the Website, its servers, or related networks; using any device, software, or routine that interferes with proper site functionality; using “robots,” “spiders,” or other automated or manual processes (other than bona‑fide search‑engine indexing) to compile, scrape, or harvest data from the Website; or using any Elevate Wireless trademark, trade name, or meta‑tag without prior written consent.

b. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We maintain a zero‑tolerance policy for spam. Any communications you send or authorize that are reasonably deemed unsolicited commercial messages—including mass emailing, SMS blasting, or posting promotional content on third‑party platforms referring to Elevate Wireless—constitute a material breach and may result in immediate termination of access and further legal action.

c. OFFENSIVE OR UNLAWFUL CONTENT. Posting, transmitting, or authorizing content that is sexually explicit, obscene, vulgar, hateful, threatening, harassing, defamatory, discriminatory, violent, or otherwise unlawful; or content that infringes the intellectual‑property or privacy rights of Elevate Wireless or any third party.


SECTION 5 – INFORMATION YOU PROVIDE; COMMUNICATIONS

In the course of doing business with Elevate Wireless, you and your company may submit information to us via web forms, email, phone calls, SMS messages, or other channels (“Communications”). You agree to the following:

  1. Accuracy of Information – All details you or your representatives supply (e.g., contact details, project requirements, technical specifications, purchase‑order information) must be truthful, current, and complete. Elevate Wireless will rely on this information when preparing quotations, proposals, or providing support.
  2. Authority to Act – By submitting a request or inquiry, you represent that you have authority to act for your company and to bind the company to any resulting purchase orders or service agreements.
  3. Consent to Contact – You authorize Elevate Wireless to respond to your inquiries and to communicate with you by the same channel you used (or any channel you designate), including email or SMS, for matters such as quotation follow‑ups, order confirmations, service updates, or technical‑support responses. Standard message and data rates may apply.
  4. Security of Communications – Although Elevate Wireless uses reasonable safeguards, no Internet, email, or SMS transmission is completely secure. You acknowledge the inherent risks and agree that Elevate Wireless is not liable for unauthorized interception or alteration of Communications outside our reasonable control.
  5. Recordkeeping – Elevate Wireless may retain copies of Communications (including any attached documents) for order fulfillment, support history, legal compliance, and quality‑assurance purposes, in accordance with our Privacy Policy.

SECTION 6 – DISCLAIMER – PERFORMANCE AND RESULTS WILL VARY

Every wireless deployment is unique. Performance depends on many factors outside Elevate Wireless’ control—such as terrain, line‑of‑sight, interference, antenna placement, network configuration, regulatory constraints, and the quality of ancillary equipment and installation work performed by you or third parties. Consequently, your company’s actual data rates, coverage, uptime, cost savings, and other results may differ—sometimes significantly—from published specifications, case studies, or estimates provided by Elevate Wireless.

  1. No Performance Guarantees – While we supply detailed product specifications and engineering guidance, Elevate Wireless does not warrant or guarantee that any hardware, design recommendation, or service will achieve a particular throughput, latency, reliability level, or return on investment in your environment.
  2. Environmental & Regulatory Factors – Wireless links are sensitive to geography, building materials, foliage, weather, RF congestion, and applicable FCC (or other national) regulations. These can limit performance even when equipment is installed “per spec.”
  3. Customer Responsibility – You are solely responsible for validating that a proposed solution meets your technical requirements; for obtaining any required licenses or permits; and for ensuring that all installation, grounding, and safety practices comply with local codes and industry standards.
  4. Professional Advice Disclaimer – Elevate Wireless does not provide legal, accounting, tax, or regulatory advice. You should consult qualified professionals to evaluate compliance obligations or financial considerations related to your deployment.

SECTION 7 – CUSTOMER RESPONSIBILITIES

7.1 Compliance with Laws. You and your company are solely responsible for complying with all applicable statutes, regulations, industry standards, and local ordinances—including, without limitation, those governing (a) radio‑frequency licensing and spectrum use; (b) building, electrical, and RF‑exposure codes; (c) import/export controls and customs; (d) data‑privacy, advertising, and marketing‑communication rules; and (e) environmental or zoning requirements related to antenna structures.

7.2 Taxes and Duties. Except to the extent Elevate Wireless is required by law to collect and remit a specific tax, you shall calculate, collect, report, and pay all sales, use, value‑added, excise, customs, and similar taxes, duties, or fees arising from the purchase, resale, deployment, or use of Elevate Wireless products or services.

7.3 Licenses and Permits. Obtaining and maintaining all spectrum licenses, construction permits, site leases, and other permissions required for installation and operation of the equipment is your sole responsibility. Elevate Wireless makes no representation or warranty that any particular deployment is license‑exempt or otherwise pre‑approved by regulators.

7.4 Installation and Safety. You must ensure that all equipment is installed, grounded, and operated in accordance with (a) the manufacturer’s instructions, (b) applicable electrical and structural codes, and (c) recognized industry safety standards. Use of qualified personnel is strongly recommended.

7.5 Independent Operations. Elevate Wireless supplies hardware and engineering guidance only. You retain full control over pricing, customer relationships, network management, staffing, and business decisions. All risks associated with your operations remain with you.

7.6 Indemnification. You agree to defend, indemnify, and hold harmless Elevate Wireless, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, penalties, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your failure to comply with Sections 7.1 through 7.4, or (b) your installation, operation, or use of the products or services.


SECTION 8 – TESTIMONIALS, REVIEWS, AND MEDIA SUBMISSIONS

8.1 Voluntary Submissions. Elevate Wireless welcomes testimonials, case‑study data, star‑ratings, photos, videos, and other feedback that describe your experience with our hardware or engineering services (“Submissions”). Providing a Submission is entirely voluntary.

8.2 Authorization and License. By sending or posting a Submission—whether on the Website, by email, on social media, or through any other channel—you grant Elevate Wireless Corp. a worldwide, perpetual, irrevocable, royalty‑free, transferable, and sublicensable license to use, reproduce, distribute, display, publish, perform, adapt, translate, create derivative works from, and otherwise exploit the Submission (in whole or in part), together with your company name, city, and state, in any medium now known or later developed, for any lawful purpose, including marketing, training, and product development.

8.3 No Expectation of Compensation or Confidentiality. You understand that Elevate Wireless is not obligated to compensate you for Submissions and that they will be treated as non‑confidential and non‑proprietary.

8.4 Individual Results Vary. Submissions reflect the unique experience of the submitting customer and do not guarantee that other deployments will achieve identical performance, savings, or outcomes (see Section 6).

8.5 Editing and Moderation. Elevate Wireless reserves the right (but has no obligation) to review, edit for clarity or length, correct typographical errors, or refuse to post any Submission, in whole or in part, at our sole discretion.

8.6 Representations. You represent and warrant that (a) you own or control all rights in and to your Submission, or have obtained the necessary permissions; (b) your Submission is accurate; and (c) use of the Submission by Elevate Wireless will not violate any third‑party rights or applicable law.


SECTION 9 – DISCLAIMERS OF OTHER WARRANTIES

9.1 Website and Online Materials. Except where prohibited by law, the Website—and all information, documents, and services made available through it—are provided “AS IS” and “AS AVAILABLE,” without any express or implied warranty. Elevate Wireless expressly disclaims all warranties of title, non‑infringement, merchantability, and fitness for a particular purpose. We do not warrant that the Website will be uninterrupted, timely, secure, or error‑free, or that the content displayed is accurate, complete, or current. Your use of the Website is at your sole risk.

9.2 Technical Information. Specifications, drawings, coverage maps, link budgets, and other technical data published on the Website are for general reference only. They do not constitute a promise or guarantee of performance in any particular deployment and may change without notice.

9.3 Third‑Party Resources. The Website may link to or integrate third‑party sites and services. Elevate Wireless is not responsible for the availability, accuracy, security, or content of those external resources and makes no warranties regarding them.

9.4 Modification or Suspension. Elevate Wireless reserves the right to modify, suspend, or discontinue the Website—or any part of it—at any time, with or without notice.


SECTION 10 – LIMITATIONS OF LIABILITIES

10.1 Excluded Damages. Except where otherwise inapplicable or prohibited by law, in no event shall Elevate Wireless Corp.—or its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors—be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind. This includes, without limitation, lost profits, lost revenue, lost data, loss of use, business interruption, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, statute, or otherwise, arising out of or related to (a) your company’s use or attempted use of the Website, products, or services; (b) any error, omission, or inaccuracy in any content or technical information; or (c) any delayed or failed delivery of hardware or services—even if Elevate Wireless has been advised of the possibility of such damages.

10.2 Aggregate Liability Cap. If, notwithstanding Section 10.1, Elevate Wireless is found liable under any theory, Elevate Wireless’ total cumulative liability—whether arising in contract, tort, strict liability, or otherwise—shall be limited to the lesser of:

  (a) USD $1,000, or
  (b) the total amount your company paid to Elevate Wireless in the one (1) month immediately preceding the event giving rise to the claim.

10.3 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such laws apply, the exclusions and limitations in this Section 10 shall apply to the fullest extent permitted by law.

10.4 Sole and Exclusive Remedy. The remedies set forth in this Section 10 are your company’s sole and exclusive remedies for any claims covered by this Agreement.


SECTION 11 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS‑ACTION WAIVER

11.1 Informal Resolution First. If your company has a concern or dispute relating to the Website, a purchase, or any Elevate Wireless product or service, you agree to email a written notice to info@elevatewireless.com and make a good‑faith effort to resolve the matter informally. If we cannot resolve the dispute within 120 days, either party may proceed to arbitration as set out below.

11.2 Binding Arbitration. Except where prohibited by law, any claim or controversy arising out of or relating to the Website, these Terms, or any Elevate Wireless product or service that is not resolved informally shall be settled by confidential, binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures then in effect.

  • Arbitrator Selection. A single, neutral arbitrator shall be appointed by mutual agreement of the parties or, failing agreement, in accordance with the AAA Rules.
  • Location. Unless the parties agree otherwise, the arbitration shall be conducted in California, or—by mutual consent—by telephone, video conference, or submission of documents.
  • Governing Law. The arbitrator shall apply the substantive law of the State of California (excluding conflict‑of‑law principles) and the Federal Arbitration Act, 9 U.S.C. §§ 1‑16.
  • Fees. AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules. Each party shall bear its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law.
  • Award and Enforcement. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class‑Action Waiver. The parties agree to arbitrate solely on an individual basis. No class, collective, consolidated, or representative actions are permitted. The arbitrator may not group claims or award relief to anyone who is not a named party. If a court or arbitrator finds that this class‑action waiver is unenforceable, then the entirety of this Section 11 (except this sentence) shall be null and void.

11.4 Waiver of Jury Trial. By agreeing to arbitration, the parties waive their rights to a jury trial or to have any dispute heard in court (except as set forth in Sections 11.6 and 11.7).

11.5 Arbitration Opt‑Out. If your company does not wish to be bound by this arbitration clause, an authorized representative must send a signed, written opt‑out notice to info@elevatewireless.com within 30 days of first accepting these Terms. The notice must include the company name, the signatory’s title, and a clear statement of intent to opt out of arbitration. Opting out will not affect any other provisions of these Terms.

11.6 Small‑Claims Exceptions. Either party may elect to pursue an individual claim in small‑claims court instead of arbitration if the claim is within that court’s jurisdiction and proceeds only on an individual basis.

11.7 Equitable Relief. Elevate Wireless may seek injunctive or other equitable relief in any competent court to protect its trademarks, trade secrets, confidential information, or intellectual‑property rights without first engaging in arbitration.

11.8 One‑Year Limitation. All claims must be brought within one (1) year after the claim arises, including completion of the 120‑day informal resolution period. Claims filed after that time are permanently barred.


SECTION 12 – ELEVATE WIRELESS’ ADDITIONAL REMEDIES

12.1 Injunctive Relief. You acknowledge that a breach or threatened breach of this Agreement—particularly any unauthorized use of Elevate Wireless’ trademarks, confidential information, or intellectual property—would cause Elevate Wireless immediate and irreparable harm for which monetary damages alone would be an insufficient remedy. Accordingly, Elevate Wireless shall be entitled (without posting bond, to the extent permitted by law) to seek temporary, preliminary, and permanent injunctive relief, specific performance, or other equitable remedies from any court of competent jurisdiction located in the State of California to prevent or restrain such breach or threatened breach.

12.2 Cumulative Remedies. The rights and remedies of Elevate Wireless set forth in this Agreement are cumulative and in addition to any other rights or remedies available at law or in equity. Nothing in this Agreement shall be construed as prohibiting Elevate Wireless from pursuing monetary damages, attorneys’ fees, or other relief in connection with any breach by you or your company.

12.3 Jurisdiction and Venue. For any action authorized under this Section 12, you and your company irrevocably consent to the exclusive personal jurisdiction of, and venue in, the state or federal courts located in Santa Clara County, California, and waive any objection to such courts’ jurisdiction or venue.


SECTION 13 – INDEMNIFICATION

13.1 Scope of Indemnity. You and your company agree to defend, indemnify, and hold harmless Elevate Wireless Corp. and its directors, officers, employees, shareholders, licensors, subcontractors, suppliers, affiliates, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, fines, penalties, costs, and expenses—including reasonable attorneys’ fees and court costs—arising out of or related to:

  (a) Your company’s purchase, installation, deployment, resale, or use of any Elevate Wireless hardware, software, documentation, or engineering services;
  (b) Any breach of these Terms, the Privacy Policy, or any other agreement between you and Elevate Wireless;
  (c) Any violation of applicable laws, regulations, or third‑party rights (including intellectual‑property, privacy, publicity, or consumer‑protection rights) by you, your affiliates, or your end users;
  (d) Any misrepresentation or unauthorized statement made by you or your company regarding Elevate Wireless or its products or services;
  (e) Any negligent or willful act or omission by you, your employees, contractors, or agents.

13.2 Control of Defense. Elevate Wireless reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If Elevate Wireless exercises this right, you agree to cooperate fully with Elevate Wireless in defending the claim.

13.3 Survival. Your indemnification obligations under this Section 13 shall survive the termination or expiration of this Agreement and any cessation of your use of the Website, products, or services.


SECTION 14 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

14.1 DMCA Compliance. Elevate Wireless respects the intellectual‑property rights of others and expects users of our Website to do the same. We process copyright‑infringement notices in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512.

14.2 Filing a Notice of Claimed Infringement. If you believe that material located on or linked to by elevatewireless.com infringes your copyright, you (or your authorized agent) may submit a written notice to our designated Copyright Agent (see Section 14.4) that includes:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
  2. Identification of the copyrighted work claimed to have been infringed, or—if multiple works at a single online site are covered by one notice—a representative list of such works;
  3. Identification of the material you believe to be infringing, with enough detail (URL or other specific location) for Elevate Wireless to locate it;
  4. A statement that you have a good‑faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in the notice is accurate, and—under penalty of perjury—that you are the copyright owner or authorized to act on the owner’s behalf;
  6. Your name, mailing address, telephone number, and email address.

14.3 Counter‑Notification. If you believe that a copyright notice was filed against you in error, you may submit a written counter‑notice pursuant to 17 U.S.C. § 512(g)(3) to our Copyright Agent containing:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or disabled;
  3. A statement under penalty of perjury that you have a good‑faith belief the material was removed or disabled as a result of mistake or misidentification;
  4. Your name, mailing address, telephone number, and email address;
  5. A statement that you consent to the jurisdiction of the U.S. federal court for the judicial district in which your address is located—or, if outside the United States, for the Northern District of California—and that you will accept service of process from the person who provided the original infringement notice or that person’s agent.

Upon receipt of a valid counter‑notification, Elevate Wireless may restore the material in accordance with the DMCA unless the original complainant files an action seeking a court order against you within ten (10) business days.

14.4 Designated Copyright Agent

Copyright Agent
Elevate Wireless Corp.
1206 Mountain View Alviso Rd, STE A
Sunnyvale, CA 94089 USA
Email: info@elevatewireless.com
Tel: +1 (408) 642‑5458

Please send DMCA notices and counter‑notices only to the Copyright Agent. Inquiries unrelated to copyright will not receive a response.


SECTION 15 – THIRD‑PARTY LINKS

15.1 Links for Convenience Only. The Website may include links or references to third‑party websites, platforms, or resources (“Third‑Party Sites”) that are not under the control of Elevate Wireless. These links are provided solely as a convenience to you.

15.2 No Endorsement or Warranty. A link to a Third‑Party Site does not constitute or imply (a) an endorsement, sponsorship, or recommendation by Elevate Wireless of that site or its operator, or (b) any warranty of any kind regarding the content, products, or services available at or through the Third‑Party Site.

15.3 Independent Terms and Policies. Third‑Party Sites are governed by their own terms of use and privacy policies. You access and use them entirely at your own risk. Elevate Wireless encourages you to review the applicable terms and policies before engaging in any transaction or uploading any information.

15.4 Limitation of Liability. Elevate Wireless shall not be liable for any loss, damage, or other harm of any kind arising from or related to your use of—or reliance on—any content, products, or services available on or through any Third‑Party Site.


SECTION 16 – TERMINATION

16.1 Effective Date. This Agreement becomes effective the earlier of (a) the moment you first access or use the Website, or (b) the moment you submit a request for a quotation, service, or support from Elevate Wireless.

16.2 Termination by Elevate Wireless. Elevate Wireless may suspend or terminate this Agreement and/or your company’s ability to access or interact with the Website at any time, without prior notice, if we determine or suspect that you have breached this Agreement or applicable law, or have otherwise engaged in conduct harmful to Elevate Wireless, its customers, or partners.

16.3 Termination by You. You may terminate this Agreement at any time by ceasing all use of the Website and providing written notice to info@elevatewireless.com. Termination will not relieve you of any obligation to pay amounts due for products or services already ordered or delivered.

16.4 Survival. The following provisions shall survive any termination or expiration of this Agreement: Sections 6, 8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26.

16.5 Outstanding Obligations. All outstanding payment obligations incurred prior to termination become immediately due and payable, and neither party shall be liable to the other for damages solely as a result of terminating this Agreement in accordance with its terms.


SECTION 17 – NO WAIVER

Failure or delay by Elevate Wireless to exercise any right, power, or remedy under this Agreement shall not operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise preclude any further exercise thereof. A waiver is effective only if it is in a written instrument signed by an authorized representative of Elevate Wireless and applies solely to the specific instance identified.


SECTION 18 – GOVERNING LAW AND VENUE

This Agreement—and any dispute, claim, or controversy arising out of or relating to it, the Website, or any Elevate Wireless product or service—shall be governed exclusively by the laws of the State of California, without regard to conflict‑of‑law principles. Subject to Section 11 (Arbitration), any action permitted to proceed in court shall be brought solely in the state or federal courts located in Santa Clara County, California, and each party irrevocably consents to the personal jurisdiction of such courts.


SECTION 19 – FORCE MAJEURE

Elevate Wireless shall not be liable for, nor deemed in breach of this Agreement by reason of, any delay or failure in performance caused by acts beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, labor disputes, lockouts, acts of civil or military authorities, fire, floods, epidemics, pandemics, war, riots, terrorism, interruptions or failure of electricity or telecommunications service, or governmental actions (“Force Majeure Event”). Performance times shall be extended for a period equal to the Force Majeure Event’s duration, provided Elevate Wireless reasonably endeavors to mitigate its effects.


SECTION 20 – ASSIGNMENT

Elevate Wireless may assign, delegate, or transfer its rights or obligations under this Agreement, in whole or in part, at any time and without notice. You and your company may not assign or transfer any rights or obligations hereunder—even by operation of law—without Elevate Wireless’ prior written consent. Any unauthorized assignment is void.


SECTION 21 – ELECTRONIC SIGNATURE

All information communicated through the Website, email, SMS, or other electronic means constitutes an “electronic communication.” By using the Website, you consent to receive electronic communications from Elevate Wireless and agree that such communications, including notices, agreements, disclosures, and other messages, satisfy any legal requirement that such communications be in writing.


SECTION 22 – CHANGES TO THE AGREEMENT

The most current version of these Terms will always be posted at https://elevatewireless.com/terms-of-use. Elevate Wireless reserves the right, in its sole discretion, to update or modify this Agreement at any time. Any changes become effective immediately upon posting. Your continued use of the Website or Elevate Wireless products or services after changes are posted constitutes acceptance of the revised Terms.


SECTION 23 – SEVERABILITY

If any provision of this Agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.


SECTION 24 – ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any additional terms or agreements expressly incorporated by reference, constitute the entire agreement between you and Elevate Wireless regarding the Website and supersede all prior or contemporaneous agreements, communications, and proposals (oral or written). Any ambiguities in interpretation shall not be construed against the drafting party.


SECTION 25 – CONTACTING US

Questions or comments about our products, services, or these Terms?
Contact Elevate Wireless at:

Elevate Wireless Corp.
1206 Mountain View Alviso Rd, STE A
Sunnyvale, CA 94089 USA
Email: info@elevatewireless.com
Phone: +1 (408) 642‑5458

Notices to you may be provided by posting on the Website, by email, or by certified mail at Elevate Wireless’ discretion.


SECTION 26 – SMS MESSAGING PROGRAM

Elevate Wireless Messaging Program
We occasionally send SMS messages to provide order updates, delivery notifications, service reminders, or to respond to support inquiries.

  1. Opt‑In and Consent. You will receive SMS messages only if you (a) provide your mobile number via a contact form, email, phone call, or purchase order and (b) affirmatively consent—such as by checking an opt‑in box or replying “YES.”
  2. Opt‑Out. You may cancel the SMS service at any time by replying “STOP.” After we confirm your opt‑out, you will no longer receive SMS messages unless you opt back in.
  3. Help. If you experience issues, reply “HELP” or contact info@elevatewireless.com for assistance.
  4. Message Frequency & Rates. Message frequency varies. Message and data rates may apply. Check with your wireless carrier for details.
  5. Carrier Disclaimer. Carriers are not liable for delayed or undelivered messages.
  6. Privacy. For information on how we collect and use personal data—including phone numbers—see our Privacy Policy: https://elevatewireless.com/privacy-policy.


Copyright 2025 – Elevate Wireless Corp. – All Rights Reserved