Elevate Certifiable Geniuses | Customer Paperwork

1. Elevate Digital Phone
Subscriber Agreement
Unlimited Talk
$29.99
US & Canada
questions? call elevate toll free 855 -835-3828
Activation
$29.99
Equipment
Subscriber Name (First, Last)
$49.99
Shipping
Secondary Subscriber (First, Last)
$
$9.99
$
Phone Startup
Elevate Mobile Phone
Business Name
500 Talk 1000 Text
Unlimited
Service Address
Ship to this address
$29.99
$59.99
Cell Phone
Activation
City
State
Zip
$39.99
Shipping
County
$
$9.99
Mobile Startup
$
Elevate 3G/4G Internet
Home Phone
Port?
Provider
Mobile Phone
Provider
Port?
250MB*
$14.99
*$15 per additional GB
Equipment
$124.99
Activation
$29.99
Shipping
Email Address
$9.99
$
Internet Startup
Social Security Number
Birthdate
Elevate Smart Security
Security
Total Startup
Total Payment Due
$
$
$
Visa
Master Card
AmEx
Discover
$58.99
Surveillance
$62.99
Lifetime Warranty
First Month
$54.99
Automation
Card Number
$
$299.99
Relocation
Expiration Date
CVV Code
$99.99
Installation
$199.99
Activation
$
$299.99
Equipment
$
Security Startup
Check #
Routing Number
Account Number
Elevate Energy
Energy Manager $14.99
Please attach voided check.
Green Home Kit
Billing Address
Check if same as above
Ship to this address
$
$199.99
Shipping
$9.99
Energy Startup
Nerd Alert
City
State
Zip
County
$11.99
$16.99
Gold
Notes
Bronze
Silver
$24.99
Stack Savings
$
-$
Elevate Startup Cost
$
Elevate Monthly
$
$
Exede Satellite Internet
By signing below, Customer acknowledges that the Company has authorization to deduct the Total Payment Due from the account provided.
Subscriber Signature
Date
10GB
$49.99
15GB
X
$79.99
25GB
$129.99
$9.99
Monthly Lease?
X
$
Prepay 24 Months Lease $199.99
Secondary Subscriber Signature
Date
I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OF ELEVATE DIGITAL SERVICES
Activation
Certifiable Genius ID
$
Satellite TV
Dish Network
Certifiable Genius Name
$149.99
Satellite Internet Startup
DirecTV
$
Equipment
Activation
Satellite TV Startup
Email Address
$
Phone Number
Total Monthly Payment
$
Total Startup Cost
$

2. ELEVATE STACKED PRODUCT TERMS AND CONDITIONS
INTRODUCTION
These General Terms of Service, and the Terms of Service of each individual Elevate product, whether
provided directly by us or by our partners, cumulatively constitute the agreement (“Agreement”) between
Elevate Inc. ( the “Company”) and the customer identified in the Account Information (the “Customer”). This
Agreement governs both Elevate products in their individual and stacked configurations, and any Elevateapproved or Elevate-provided devices used with our products (collectively, the “Service”). Elevate Inc. is
sometimes referred to as "we," "us," "our," or " Elevate “; the user is sometimes referred to as "you," "your,"
or "user," or "customer"; Elevate products and product Stacks are sometimes referred to as “service(s)”,
“Stack(s)”, and “products(s)”, and refer specifically to broadband Internet access, residential and
commercial security alarm installation and monitoring, voice over IP phone service, home automation
monitoring and control, digital television, mobile cellular phone service, and the contracts that govern the
use of these products for a fee by a user. “Hardware” refers to the appliances and equipment installed or
otherwise present within your home to enable the activation, delivery or otherwise functioning of our
products. By subscribing to or using our Service, you agree to these terms and conditions. All information
linked to these Terms of Service is part of it.
GENERAL DISCLOSURES
Service: Our products are not telecommunications services, and we provide them on a best efforts basis.
There are important distinctions between a telecommunications service and our products. Our services are
subject to different regulatory treatment than a telecommunications service. This treatment may limit or
otherwise affect your rights of redress before regulatory agencies. Our services may require a high-speed
broadband connection, which you may elect for us not to provide. Events beyond our control may affect our
service, such as power outages, fluctuations in the Internet, your underlying non-Elevate ISP or broadband
service, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our
services. If you subscribe to residential service plans for any of our products, we provide you with service,
features and the device solely for single family, normal residential, non-commercial use. Single family
refers to you and those of your immediate family members who reside in your personal residence - e.g.,
spouse, domestic partner, and/or children. If you subscribe to a service plan that permits use of more than
one device with the same voice line, data line, or plan permission, the basis for assessing such use will not
change. If you subscribe to any of Elevate's small business plans, we provide our service, features and the
device to you solely for use as a small business user or domestic business traveler. See Product-Specific
Terms Disclosures for a non-comprehensive list of disallowed uses.
If you use the service, any feature or the device in a way that is inconsistent with the normal use for your
service, feature or plan, you will be required, at Elevate's sole discretion, to pay the rates for the service,
feature or plan that would apply to the way you used the service, feature or device, or terminate the plan.
For example, if you subscribe to one of our residential service plans, and your usage is inconsistent with
normal residential use, you may thereafter be required to pay our applicable, higher rates for commercial
service for all periods in which your use of our service or the device was inconsistent with normal
residential use. Unlimited voice services are provided primarily for continuous live dialog between two
individuals. Lack of continuous dialog activity, unusual call patterns, excessive conferencing or call
forwarding, excessive numbers and/or consistent excessive usage (which may also apply to features such
as Directory Assistance) will be considered indicators that use may be inconsistent with normal use, or that
impermissible use may be occurring and may trigger an account review or further action by us. We may
determine inconsistent use based on material deviations from the usage patterns and levels of most of our
customers using the same and/or similar service plans, features or devices. Failure to contact Elevate in
response to its notifications and/or failure to promptly correct usage activity to conform to normal use will
result, in Elevate's sole discretion, in immediate mandatory transfer to another appropriate plan (which may
be higher in cost), suspension or termination of service. You acknowledge that if your service is terminated
under this provision, you are subject to all applicable disconnection and recovery charges. Elevate's right to
terminate your account is not limited by this provision. Our service does not support 0+ or operator
assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls.
Our service may not support 311, 511, and other x11 services in one or more service areas. Our service
does support specified dialing such as 911 and 411, which are provided for elsewhere in these Terms of
Service. The phone numbers you get from us will not be listed in any telephone directories. However, any
phone numbers you transfer from your local phone company may be listed.
Incompatibility with Other Service You acknowledge that our service may not be compatible with all nonElevate network or communications equipment, including but not limited to home security systems, TTY,
medical monitoring equipment, certain versions of TIVo, broadcast television systems, PBX, Centrex, other
private telephone networks, or computer connectivity equipment (modems, routers, switches, gateways),
home automation systems, mobile computing devices, web applications, or associated hardware. You
waive any claim against Elevate for interference with or disruption of these services and equipment, as well
as any claim that Elevate is responsible for any disruption to your business, if applicable. There may also
be other services with which our service may be incompatible. Some providers of broadband service may
provide modems that prevent the transmission of communications using our services or hardware. We do
not warrant that our services will be compatible with all non-Elevate broadband services and expressly
disclaim any express or implied warranties regarding the compatibility of our service with any particular
non-Elevate broadband or ancillary service.
Passwords You will be asked to create a password in order to gain access to your account information online or when contacting an Elevate agent by phone. You agree to keep all passwords and account
information confidential and are solely responsible for any liability or damages resulting from your failure to
maintain that confidentiality, and for all activities that occur under your password. You must immediately
notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your
password and account. Your service plan includes terms and conditions such as monthly service
allowances, limitations and features, and the associated charges, all as described at www.goelevate.com
or in other communications and materials made available to you in connection with your order or changes
to your service. You acknowledge that your service plan is also subject to these General and the applicable
Product-Specific Terms of Service. Our service is subject to our business policies, practices and
procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable
law, we can also change the terms and conditions of your service plan (such as features and prices) at any
time, with or without notice. If we do give you notice, it may be provided on your account web page or
monthly bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under
applicable law
Length of Service
Automatic Renewal We provide our services to you indefinitely. Your initial service term refers to the
period of time for which we will bill you periodically in advance (for example, one year, two years, three
years or five years, depending on the service and plan), and for which you are contractually obligated to
remain an Elevate customer. Your initial service term begins when you first subscribe to our services, not
the day you received the equipment or the first time you use the service. Upon completion of your initial
service term, your service contract converts to a renewing contract based upon product or service and will
continue to renew until canceled by you or by us as provided for herein. Elevate requires a 30 day notice
for cancellation after the initial service term.
Other Commitments: If a promotional or plan benefit (such as an equipment upgrade, free month of
service, free installation, rebate, or other incentive) is provided to you at no charge or at a specified
discount based on your keeping an Elevate service for a specific length of time, then, unless otherwise
specified in the offer you received, the specified period begins on the day that you accept the promotion or
benefit. This is generally the date of your order. If you terminate your service before that period of time
expires, then you will be subject to a recovery fee equal to the amount of the promotional or plan benefit
that was specified on the date that it was provided to you, less the amount, if any, paid for the promotional
or plan benefit in connection with your acceptance of same. You remain responsible for all usage charges
that are outside of the promotional or plan benefit.
Elevate Right to Cancel Service We have the right to suspend or discontinue service generally, or to
disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your
service at any time without notice. We may disconnect your service without notice for, but not limited to:
Unlawful or inappropriate use: If we determine that you have used our service or the device for an unlawful
or inappropriate purpose. If we determine that the use or content does not conform to the requirements in
this agreement or that it interferes with our ability to provide service to you or others.!
Non-payment: If any charge to your payment method is declined or reversed, your payment method
expires and you have not provided us with a valid replacement payment method, or in case of any other
non-payment of account charges.!!
Violation of laws of jurisdictions: If we determine that you have used our service or your device in violation
of laws of jurisdictions outside of Elevate service !areas.!!
Inconsistent usage: If we determine that your use of the service, features, or the device is, or at any time
was inconsistent with normal usage patterns for the type of service or plan that you have purchased, or that
you have at any time used the service, feature or the device for any of these or similar activities.!!
Tampering: If we determine that you have tampered with your device.!
Our action or inaction under this section does not constitute any review or approval of your action or use or
content.
Termination of Service: In order to terminate your service, you must contact our Drawing Board, via
telephone, at the following toll-free number: (855) 835-3828. Our Drawing Board is available to assist you
Monday-Friday 9 am to 5pm. Please note that whether or not you qualify for any applicable money back
guarantee, simply returning your device to us, without notifying our Drawing Board that you wish to
terminate service and without receiving a return authorization number from us, will not terminate your
service and you will remain responsible for all costs and fees associated with your account, including, but
not limited to, monthly recurring fees for your service plan.
NOTICE OF CANCELLATION
/____ 20____
Date of transaction____
You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS
from the date appearing on the front of the Service Order (“Service Order Form”). Any payments made by
you under the contract or sale will be returned within TEN BUSINESS DAYS following receipt by the seller
of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you
cancel, you must make available to the seller, in substantially as good condition as when received, any
goods delivered to you under this contract or sales, or you may, if you wish, comply with the instructions of
the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do not make
the gods available to the seller and the seller does not pick them up within 30 days of the date of your
Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to
make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so,
then you remain liable for performance of all obligations under the Contract. To cancel this transaction,
Please detach this portion of your agreement and mail it to Elevate Corporate Office. It must be
POSTMARKED NO LATER THAN MIDNIGHT ON THE THIRD BUSINESS DAY FROM THE DATE OF
THIS AGREEMENT.
I hereby cancel this transaction as of _____________ /____________, 20_____
Customer Signature: ______________________________________________________
Fees Associated with Elective Early Termination : If you attempt to terminate an Elevate service before
the end of your initial (or current) service term, you will be responsible for all the charges of that term that
are applicable to the disconnected service(s), including unbilled charges, and a disconnection fee that may
vary, according to the service, if applicable (see Product Specific Disclosures). Cancellation is effective on
the date you cancel and paid charges are not subject to refund. If you cancel your service before the end of
your billing cycle, there are no pro-rated refunds. Charges for any overages, extra usage, special
purchases (such as out-of-plan international calls, or pay-per-view events) or any other features and
services outside your plan are separately billed and charged to your payment method after cancellation. In
addition, if you obtained a product or service from us for which a rebate or benefit was given to you that
was conditioned on maintaining your Elevate service for a specified length of time, and you disconnect
service before the end of that period, you agree to pay us the applicable recovery fee.
Fees Associated to Mandatory Early Termination Without Cause: If we discontinue service generally,
or disconnect your service without a stated reason, you will only be responsible for the charges that have
accrued through the date of the disconnection, including a pro-rated portion of the final service term
charges, and, if applicable, any recovery fees.
Fees Associated to Mandatory Early Termination With Cause: If we disconnect your service for any of
the reasons referenced previously, you will be responsible for all charges through the end of your current
service term, including unbilled charges, and any applicable disconnection and any recovery fees. At the
time of disconnection, we will immediately charge the credit or debit card you have provided to us for
payment, or initiate an electronic funds transfer if that is your payment method, for all amounts due and
owing on disconnection. We will pursue collection for unpaid amounts on disconnected accounts and may
report these unpaid charges to credit bureaus.
Devices: Except as provided in the limited warranty found below, if you purchased your device from a retail
provider, you may return your device only to that retail provider. All device returns are subject to the return
policy of the retail provider and are not eligible for any applicable money back guarantee offered by us. We
will not accept any device returned to us from a retail customer. We will provide a limited warranty on the
device only for manufacturing defects for a period of 1 year from your subscription date. This retail
customer limited warranty does not apply to any defect or failure other than a manufacturing defect.
Without limiting the generality of the warranty, it does not apply to any defect caused by damage in transit,
retailer handling, or your handling of your device. Some States do not allow limitations on how long an
implied warranty lasts, so the above limitation may not apply to you. For returns subject to this retail
customer limited warranty, the following conditions must be satisfied:
- we receive your device, in its original condition, reasonable wear and tear excluded, together with the original
packaging, all parts, accessories, and documentation;
- before returning your device to us, and within 1 year from your subscription date, you need
to obtain a valid return authorization number from our Customer Care department which you
can reach at (855) 835-3828; and returns@goelevate.com
- you pay all costs of shipping your device back to us.
Limited Warranty: Except as set forth in these Terms of Service, if you received a device from us and the
device included a limited warranty from another person (such as the manufacturer) at the time you received it,
you should read the separate limited warranty document you got with the device for information on the
limitation and disclaimer of certain warranties. We will provide a limited warranty on the device only for
manufacturing defects for a period of 1 year from your subscription date. Some States do not allow limitations
on how long an implied warranty lasts, so the above limitation may not apply to you.
Repair or Replacement: Your only remedy for any breach of any limited warranty or other breach of any
duty regarding a device is to get a repaired or replacement device by following our return procedures. This
limited warranty applies in place of the limited warranty included with the device if the included limited
warranty is less favorable to you than this warranty.
Receipt of Damaged Devices: If you receive cartons or devices that are visibly damaged, you must note
the damage on the carrier's freight bill or receipt and keep a copy. You must also keep the original carton,
all packing materials, and parts in the same condition in which you received them from the carrier. You
must then contact our customer care department immediately at (855) 835-3828.
Ownership and Risk of Loss: You will own your device and bear all the risk of loss, theft, or damage.
This risk is from the time we ship your device to you until the time you return it to us according to this
agreement.
Tampering With the Device: You may not change the electronic serial number or equipment identifier or
encryption keys or other authentication or technical data of your device or perform a factory reset of your
device without first getting our written consent.
Prohibited Devices: You are prohibited from using Elevate services with any devices other than Elevateapproved devices received from retailers or from us.
Disclaimer: Other than express warranties for the device in the documentation that comes with your
device and the retail customer limited warranty in this agreement, following the term of the limited warranty,
we make no warranties of any kind, express or implied, and specifically disclaim, following the term of the
limited warranty, any warranty of merchantability, fitness of the device for a particular purpose, title or noninfringement, or any warranty arising by usage of trade, course of dealing, or course of performance, or any
warranty that the device or any firmware or software is "error free" or will meet your requirements. This
section does not limit any disclaimer or limitation of warranty in the documentation provided with your
device. Device warranties do not apply to commercial customers. This warranty gives you specific legal
rights, and you may also have other rights which vary from State to State.
Fees, Taxes and Other Charges: See Product Specific Disclosures for fee schedules and information
regarding taxes, tax rates, and other charges. See Length of Service section of this disclosure for
information regarding early termination fee policy and procedure.
Billing, Payments and Notices: We will charge your method of payment monthly and in advance for each
product and its accompanying service plan. In instances where an Elevate partner bills an Elevate
customer directly (ie. DirecTV, Dish Network), your ELEVATE monthly bill will reflect a balance due TO
ELEVATE for that product ($0.00). Stack discounts and other Elevate specific discounts or charges will be
reflected for each product every month. Elevate partners who bill you directly will do so according to their
terms and conditions, and Elevate is not responsible or liable for their practices or policies. We will provide
a receipt of payment, via email, within 7 days of receipt of payment. Upon approval, you will be charged for
activation and for the first month of service, according to the service plan, for each product you purchase.
30 days later, you will be charged for the second month of service, and will be charged every month on the
same date thereafter for the following month’s service. No sooner than 14 days and no later than 60 days
after activation, we will perform an audit to ensure you have been billed accurately, and to adjust for any
changes that may have been made to your Stack configuration. Promotional refunds, conditional discounts
and partner or other rebates will be paid within 60 days of confirmation of the completion of the conditional
event and will be credited to your method of payment.
Payments: When you provide credit/debit card information, you authorize us to charge your method of
payment in advance for each monthly service plan fee and associated taxes and surcharges. You also

3. The Drawing Board.
questions? call elevate toll free 855 -835-3828
New Provider: ________________
Digital Phone
Alarm attached to phone line? ___________
Contract end date: _______________
New Temporary #_____________
Alarm Contract end date: ________________
Installation Date: _____________
Features:
Provider: ________________________________
# Port Date: __________________
# of Wired Phones: _____ Wireless: ______
Caller ID
Phone plan: ______________________________
Monthly Bill $_____________
Voicemail
Call Forwarding
3-Way Calling
Other __________________
How you use this service: _________________
This phone is for a business: _____ fax______
I have a separate fax line: ____________
Complaints: ____________________________
_______________________________________
Internet
New Phone Plan: _____________
New Monthly Bill $____________
New Benefits: ________________
Phone Arrival Date: ___________
New Provider: ________________
Provider: _______________________________
New Speed: __________________
Which devices connect to the Wi-Fi?
Contract End Date: _____________________
Computers
Game Systems
Printers
Data Cap: ____________________
Modem Type: __________________________
Smart Phones
Security
TV Recievers
New Monthly Bill: $____________
Router Type: ___________________________
Tablets
Media Players
Other
Speed Test Result: ______________________
Special Security Settings: ________________
Monthly Bill $ ___________________________
How you use this service? __________________
Complaints: _______________________________
__________________________________________
Additional data: ______________
New Benefits: ________________
Installation Date: _____________
New Provider: ________________
Entertainment
Current Package: Basic,
Provider: _______________________________
Contract End Date: ______________________
Current TV's: HD______
Standard ________
In-between, Premium
Premium Channels: HBO,
Starz,
Package: ____________________
Showtime,
Receivers Installed: _____________
Cinemax, Encore, Other__________________
Add-ons: ________________________________
Add Ons: ____________________
Channels: ____________________
Current Receivers Installed: HD/DVR_______
Monthly Bill: _____________________________
HD______
How you use this service: __________________
New Monthly Bill: $____________
Complaints: _____________________________
New Benefits: ________________
________________________________________
Installation Date: ______________
DVR______ Standard_________
HD Quality: 720p -or- 1080p
Security
Provider: ___________________________
Equipment Installed:
New Provider: ________________
Contract End Date: ____________
Doors
Windows
Motion
Equipment Type:
Cameras
Key Fob
Smoke
C02
Medical Pendant
Other
Honeywell, GE, DSC, Other – Hardwire, Wireless or Both
Home Automation Devices: __________________
Services Included:
Burglary
Fire
Medical
Monthly Bill: $_______________________________
C02
Alarm.com
2-Way
Automation
Cellular
Services Added: ______________
New Benefits: ________________
Installation Date: _____________
How you use this service:_____________________
Surveillance
New Monthly Bill: $____________
Complaints: ________________________________
New Provider: _______________
Mobile
Cell Phone Model: ___________
Provider: _______________________________
Monthly Bill: ____________________________
Contract End Date: ___________
How you use this service: _________________
Cell Phone Model: ____________
Complaints: _____________________________
Current Plan: ___________________________
________________________________________
Energy
Average Monthly Electric Bill______________
Average Monthly Gas Bill______________
New Plan: __________________
New Monthly Bill: $___________
New Benefits: _______________
Phone Arrival Date: __________
Projected Savings with Green Home Kit: _________
Monthly Cost of Green Home Kit: _______________
Projected Savings with Smart Thermostat: __________
Monthly Cost of Smart Thermostat: _______________

4. authorize us to initiate single or multiple mid-cycle, immediate billing(s) for any usage considered by
Elevate to be excessive or not covered by your plan, unbilled amounts and disconnection, rebate and other
recovery fees, or supplemental/additional service fees, if applicable, that are due. When you provide a
check as payment, you authorize us either to use information from your check to make a one-time
electronic transfer from your account as soon as the same day you make your payment, or to process your
check as a check transaction in which case you will not receive your check back from your financial
institution. Late payments will be subject to late payment fees and returned electronic check payments will
be subject to returned check fees, each of which are further detailed as part of our fees and charges. When
you subscribe to our service, you must give us a valid email address and a payment method that we
accept. We reserve the right to stop accepting your payment method or your payments. You must advise
us at once if your payment method expires, you close your account, your billing address changes, your
email address changes, or your payment method is cancelled and replaced on account of loss or theft.
When you subscribe to our service, you authorize us to collect from your payment method, including, if
applicable, disconnection fees, late fees, check return fees, rebate or device recovery fees and any other
outstanding charges. This authorization will remain valid until 30 days after you terminate our authority to
charge your payment method. If we disconnect your service, you will remain liable to us for all charges
under this agreement and all the costs we incur to collect these charges, including, without limitation,
collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
Notices: You agree to promptly update your account information whenever your personal or billing
information changes (including, for example, your name, address, e-mail address, telephone number, and
credit/debit card number and expiration date or other payment method information). You authorize Elevate
to send you notices and information regarding your service, including via e-mail. If notices are sent by us to
the last email address provided by you, you agree that we have provided sufficient email notice and you
waive any rights to assert failure of notice. You understand that it is difficult for us to distinguish between
credit and debit cards. You agree to waive your rights under Regulation E to receive 10 days advance
notice from us regarding the amount that we will debit from your account. While we may send you
messages about your billing from time to time, we are not obligated to do so. We may change or cease our
messages at any time without notice to you. If you want to dispute any Elevate charges on your statement,
you must notify us within 14 days after you receive your statement from your bank or credit card issuer. If
you do not dispute the charges within 14 days, you waive any right to contest the charges.
Prohibited Uses: You may use our service and your devices only for lawful, proper and appropriate
purposes. You may not use our service or your devices in any way that is illegal, fraudulent, improper or
inappropriate. See Product-Specific Disclosures for non-comprehensive lists of inappropriate uses for each
product. We may monitor the use of our service for violations of this agreement. We may remove or block
all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect
our service or Elevate affiliates, directors, officers, agents, and employees from harm. If we believe that
you have used our service or your device for an unlawful purpose, we may forward the relevant
communication and other information, including your identity, to the appropriate authorities for investigation
and prosecution. You consent to our forwarding of any such communications and information to these
authorities. In addition, we may disclose your name, telephone number, credit card information, and other
personal information, any communications sent or received by you, and any other information that we may
have about your account, including but not limited to, types of service, length of service, MAC address(es),
IP address(es), email address(es), registered 911 address, and all other account information, as follows:
- In response to law enforcement or other governmental agency requests;
- As required by law, regulation, rule, subpoena, search warrant, or court order;
- As necessary to identify, contact, or bring legal action against someone who may be misusing the
service, the device, both;
Force majeure: force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire,
war, riot, acts of terrorism, and government actions;!
!Equipment shortage: equipment, network, or facility shortage;!!
Equipment relocation: equipment or facility relocation;!!
Loss of power: service, equipment, network, or facility failure caused by the loss of power to you;!!
Outages: outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to
usage of service caused by any third party;!!
Acts or omissions: any act or omission by you or any person using our service or the device provided to
you; or!!
Other causes: any other cause that is beyond our control, including, without limitation, a failure of or defect
in any device, the failure of an incoming or outgoing communication, the inability of communications
(including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
In no event will Elevate, its officers, directors, employees, affiliates or agents or any other service provider
who furnishes services or devices to you in connection with our service be liable for any damages,
including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue
or profits, or damages arising out of or in connection with the use or inability to use a device or the service,
including inability to access emergency service personnel through the 911 dialing service or to obtain
emergency help. These limitations apply to claims founded in breach of contract, breach of warranty,
product liability, tort, and any and all other theories of liability. These limitations apply whether or not we
were informed of the likelihood of any particular type of damages. Some States do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to
you. Our total liability under this agreement will not exceed the service charges for the affected time period.
Elevate will not be responsible for third party fees or charges, including but not limited to, banking fees,
overdraft fees, cellular phone or other wireline charges, technician charges, or other similar charges.
Dispute Resolution and Binding Arbitration: You and Elevate agree to arbitrate any and all disputes
and claims between you and Elevate. Arbitration means that all disputes and claims will be resolved by a
neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given
the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising
out of or relating to any aspect of the relationship between you and Elevate, whether based in contract, tort,
statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or
any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that
may arise after the termination of this agreement; disputes and claims that are currently the subject of
individual litigation; disputes and claims that are currently the subject of purported class action litigation in
which you are not a member of a certified class; and disputes and claims concerning the scope of this
arbitration provision. References to "Elevate," "us" and "you" include our respective subsidiaries, affiliates,
agents, employees, predecessors in interest, successors and assigns, as well as all authorized or
unauthorized users or beneficiaries of the service under this agreement or any prior agreements between
you and Elevate.
Informal Resolutions Disputes: Our customer care department can resolve most customer concerns
quickly and to the customer's satisfaction. If you have a dispute or claim against us, you should first contact
the Elevate Drawing Board (customer care department) by telephone at (855) 835-3828. or by email at
customercare@goelevate.com In the event your dispute or claim is not resolved to your satisfaction, you
may seek to have that dispute or claim resolved as set forth below.
- To protect Elevate's rights and property; or
- In emergency situations where disclosure of such information is necessary to protect Elevate
customers or third parties from imminent harm.
Use by Customers Outside the United States: Although we encourage you to use our service to call
foreign countries from the United States and to use our service as you travel, the services are only offered
and supported in the United States. Our services (except for Elevate Security) are designed to work
generally with unencumbered high-speed Internet connections. However, if the high-speed Internet
connection you are using is not an Elevate service, within an Elevate service area or your non-Elevate ISP
or broadband provider places restrictions on using VoIP, entertainment, or other services, we do not claim
that they will allow you to use our service. You will be solely responsible for any violations of local laws and
regulations or violations of ISP and broadband provider terms of service because of your use of our
service. If you ship a device outside the United States for use in another country, you are solely responsible
for determining and adhering to compliance with all applicable custom, regulatory and other laws regarding
the transport, distribution and use of such device and the service.
Non-Transfer of Service: You are the sole account holder for the service for all purposes and are solely
responsible for all charges incurred on the account, regardless of changes to the account, including billing
information. You may not resell or transfer your service, account or your device or provide a telephone
service to anyone else by using your Elevate service or features of your Elevate service without first getting
our written consent. In no event may your account be assigned to a non-U.S. resident. Attempted
assignments of service and accounts through changes in account and billing information does not relieve
you of liability and responsibility for use of the service and features, or for charges on the account unless
we have not consented to the assignment in writing or unless we actively facilitate the assignment as
evidenced in our Customer Care records. Attempted assignments of accounts without our written consent
through changes you may make in your account and billing information does not relieve you of liability and
responsibility for the account. You may elect to authorize others to access your account by calling us at
(855) 835-3828.
No Alterations or Tampering: If you copy or alter or have someone else copy or alter the firmware or
software of the device in any way that facilitates a compromise of your service, you are responsible for any
charges that result. You may not attempt to hack or otherwise alter or disrupt our service or make any use
of our service that is inconsistent with its intended purpose.
Theft of Service: You may not use or obtain our service in any manner that avoids Elevate policies and
procedures, including an illegal or improper manner. You will notify us immediately at (855) 835-3828 if
your device is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise
being used in an unauthorized manner. When you notify us of one of these events, you must provide your
account number and a detailed description of the circumstances of the theft, fraudulent use, or
unauthorized use of service. If you fail to notify us in a timely manner, we may disconnect your service and
levy additional charges on you. Until you notify us, you will be liable for all use of our service using a device
stolen from you and any stolen, fraudulent, or unauthorized use of our service whether or not it involves a
stolen device.
Unauthorized Usage of Device; Firmware or Software: You have not been granted any license to use
the firmware or software we use to provide our services or that we provide to you in providing our services,
or that is embedded in your devices, other than a nontransferable, revocable license to use the firmware or
software in object code form (without making any modification to it) strictly according the terms and
conditions of this agreement. You also agree that you will use your devices exclusively for our services. We
will not provide any passwords, codes, or other information or assistance that would enable you to use your
devices for any other purpose. We reserve the right to prohibit the use of any interface device that we have
not provided to you. You warrant that you possess all required rights, including software or firmware
licenses, or both, to use any interface device that we have not provided to you. You may not reverse
compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary
code of the firmware or software.
Limitations on Warranties, Remedies, and Liability: You agree that our services are provided "as is,"
except to the extent provided below. We make no warranties, express or implied, including but not limited
to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or
non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In
addition, we do not warrant that the service or device will be without failure, delay, interruption, error,
omission, degradation of quality, or loss of content, data, or information. Neither Elevate nor its officers,
directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services,
devices, or products to the customer for our service will be liable for unauthorized access to our or your
transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or
destruction of, customer's data files, programs, procedures, or information through accident, fraudulent
means, devices, or any other method, regardless of whether such damage occurs as a result of Elevate's
or its service provider's’ or vendors' negligence. Statements and descriptions concerning our service or
device, if any, by Elevate or Elevate's agents or installers are informational and are not given as a warranty
of any kind. We will not give you credit for any interruption of Elevate service, including international calling
services. We will not be liable for any delay or failure to provide service, including 911 Dialing, at any time
or any interruption or degradation of voice quality that is caused by any of the following:
Third party omission: an act or omission of an underlying carrier, service provider, vendor, or other third
party;!!
Equipment failure: equipment, network, or facility failure;!!
Equipment modification: equipment, network, or facility upgrade or modification;!!
Formal Notice of Disputes: A party who intends to seek arbitration must first send to the other party a
written Notice of Dispute.
A Notice of Dispute to Elevate must be sent to Elevate:
by certified mail addressed to: 180 Avenida La Pata # 200 San Clemente, CA 92673
or by email addressed to: customerservice@goelevate.com
A Notice of Dispute to you must be sent to you:
by certified mail at the last mailing address that you registered with Elevate; or
or by email addressed to you at the last email address you registered with Elevate.
The Notice of Dispute must: describe the nature and basis of the dispute or claim; and set forth the
specific relief sought. If you and Elevate do not reach an agreement to resolve the dispute or claim within
thirty (30) days after the Notice of Dispute is received, you or Elevate may commence an arbitration
proceeding. You may download or copy a form to initiate an arbitration proceeding from the AAA website:
http://www.adr.org/si.asp?id=2062. The amount of any settlement offer made by you or Elevate shall not be
disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Elevate is
entitled.
Arbitrator and Arbitrator Rules: The arbitration shall be administered by the American Arbitration
Association ("AAA"). You may contact the AAA by telephone at 1-800-778-7879, by email at
Websitemail@adr.org, or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The
arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary
Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this Agreement.
The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Location and Procedure of Arbitration: You and Elevate mutually agree otherwise, all hearings
conducted as part of the arbitration shall take place at a location, convenient to you, in the county or parish
of your billing address. If your claim is for $10,000 or less, you or Elevate may request that the arbitration
be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or
by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to
a hearing will be determined by the AAA Rules.
Fees and Costs: If you cannot afford it, Elevate will advance all arbitration filing fees and arbitrator's costs
and expenses upon your written request given prior to the commencement of the arbitration. You are
responsible for all additional costs that you incur in the arbitration, including, but not limited to, attorneys or
expert witness fees. If the arbitration proceeding is decided in Elevate's favor, you shall reimburse Elevate
for the fees and costs advanced to you. If the arbitration proceeding is decided in your favor, you will not be
required to reimburse Elevate for any of the fees and costs advanced by Elevate. If the party elects to
appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys'
fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, Elevate
shall pay all fees and costs which it is required by law to pay.
Waiver: You and Elevate agree that, by entering into this agreement, you and Elevate are waiving the right
to a trial by jury. You and Elevate agree that the arbitrator may award relief only in favor of the individual
party seeking relief and only to the extent necessary to provide relief warranted by that party's individual
claim. You and Elevate agree that you and Elevate may bring claims against the other only in your or its
individual capacity, and not as a plaintiff or class member in any purported class or representative
proceeding. You and Elevate agree that, unless you and Elevate agree otherwise, the arbitrator may not
consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof,
is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision
shall be null and void.
Statute of Limitations: You must contact us within one (1) year of the date of the occurrence of the event
or facts giving rise to a dispute (except for billing disputes which are subject to a 7-day statute of
limitations), or you waive the right to pursue a claim based upon such event, facts, or dispute.
Exceptions You and we agree:
- You may take your dispute to small claims court, if your dispute qualifies for hearing by such court;
- If you fail to timely pay amounts due, we may assign your account for collection, and the collection
agency may pursue in court claims limited strictly to the collection of the past due debt and any
interest or cost of collection permitted by law or the Agreement;
- If you fail to timely pay amounts due, we may assign your account for collection, and the collection
agency may pursue in court claims limited strictly to the collection of the past due debt and any
interest or cost of collection permitted by law or the Agreement;
- You or we may take any disputes over the validity of any party's intellectual property rights to a
court of competent jurisdiction;
- Any dispute related to or arising from allegations associated with fraudulent or unauthorized use,
theft, or piracy of service may be brought in a court of competent jurisdiction; and
- Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction,
necessary to protect the rights or property of you or Elevate, pending the completion of
arbitration.
Modification: Despite §15 or any other provision in this agreement to the contrary, if Elevate makes any

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6. substantive change to this arbitration provision, you may reject any such change and require Elevate to
adhere to the language in this provision.
Additional Legal Considerations: The law of the state of your residence will govern this agreement as
well as the relationship between you and us, except to the extent such law is preempted by or inconsistent
with applicable federal law. Because this agreement is a transaction in interstate commerce, the Federal
Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the
included arbitration provision. Our failure to exercise or enforce any right or provision of this agreement will
not constitute a waiver of the right or provision. Elevate reserves all of its rights at law and equity to
proceed against anyone who uses its services or devices illegally or improperly. All determinations by
Elevate under these Terms of Sale and exercise of its rights are made and done in our sole and absolute
discretion. The provisions of this agreement that by their sense and context are intended to survive the
termination or expiration of this agreement shall survive. If you are not a party to this agreement, you do not
have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any
third party beneficiary rights. You promise that you are of legal age to enter into this agreement and that
you have read and understand fully its terms and conditions. This agreement, including any future
modifications to its terms, and the rates for services found on our web site constitute the entire agreement
between you and Elevate. This agreement governs your use of our service, and the use of our services by
the members of your household and your guests and employees. This agreement supersedes any prior
agreements between you and Elevate. It also supersedes all prior or contemporaneous statements,
understandings, writings, commitments, or representations concerning its subject matter. If any part of this
agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid
and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other
portion of this agreement.
Indemnification and Waiver of Claims: You shall defend, indemnify, and hold harmless Elevate, its
officers, directors, employees, affiliates and agents, and the officers, directors, employees, affiliates and
agents of any other service provider who furnishes services to you in our name, with our consent and on
our behalf, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including,
without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to
our service, including, without limitation, 911 Dialing, or your device(s), or use of our service by you or
others using your account (whether or not such usage is expressly authorized by you).
Waiver of Claim or Causes of Action: You waive all claims or causes of action arising from or relating to
our 911 dialing service unless the claims or causes of action arise from our gross negligence,
recklessness, or willful misconduct. You are liable for all liability that may arise from the content transmitted
to any person, whether or not you authorize it, using your service or device(s). You promise that you and
anyone who uses your service and all your and their content comply at all times with all laws, regulations,
and written and electronic instructions for using our service and devices. You are liable for all liability that
may arise from your failure to provide true, accurate, current and complete information and to maintain and
promptly update such information. If you provide any information that is, or we have reasonable grounds to
suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or
refuse any and all current or future use of the service, or any portion thereof
Changes to Service Agreements: We may change the terms and conditions of this agreement from time
to time. By subscribing to our service, you agree that we may provide to you by use of electronic
communications required notices, agreements, and other information concerning Elevate, including
changes to this agreement. We may give you notice of a change by posting the change on our home Web
page (goelevate.com), on your account Web page or monthly bill, in a newsletter, by e-mail, on the relevant
Web page of the applicable service, or by other permitted communication. Such notices will be considered
given and effective on the date posted. These changes will become binding on you on the date they are
posted and we are not required to give you further notice in order for you to continue using our service. By
continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do
not agree to the changes, you must terminate your service immediately. Disconnection fees and recovery
fees, if applicable, will not be applicable to termination of service due to increases in service plan prices or
other material changes if your account is in good standing and you call us to terminate within 30 days after
posted notice of the change. Increases in usage rates, taxes, surcharges such as the Federal Program
Fee, or discretionary billable charges (including for add-ons, features, or non-payment) will not be subject
to waivers of disconnection fees and recovery fees. When posted, this agreement supersedes all
previously agreed to electronic and written terms of service, including, without limitation, any terms included
with the packaging of your device. It also supersedes any written terms provided to retail customers with
retail distribution, including, without limitation, any written terms in the packaging of your device. If you want
to withdraw your consent to receive notices electronically, you must discontinue your use of Elevate
services. If you continue to use our service, we will consider this your acceptance of any changes.
Privacy: Elevate uses, in whole or in part, the public Internet, the public switched telephone network, and
third party networks to transmit communication information. Elevate is not liable for any lack of privacy
which you may experience from using our service. Please refer to our Privacy Policy for additional
information, such as how we use your information and how you can opt out of receiving marketing
messaging. When applying for, and receiving, Elevate services, you authorize us and our partners:
- to investigate and/or review your credit history, including requesting a consumer report, both when you
sign up for our service and at any time after you sign up, for any purpose, including, but not limited to, your
initial qualification for an account, your continued compliance with the terms of your account and general
customer base evaluation purposes not specifically associated with your account; and
- to share credit information about you with credit reporting agencies. Upon your request
we will inform you whether or not we have requested a consumer report, and if a report
was requested, the name and address of the consumer reporting agency that furnished
the report, and to share with human operators certain private communication, like
voicemails messages, when necessary to deliver requested services (ie, visual voicemail,
transcribed recordings, etc.)
- to provide to law enforcement or other regulatory agencies personnel all account, personal and other
information we have collected if requested by said agencies.
Copyright Violations: Our website content, our materials, services, logs, service marks and trademarks
are protected by trademark, copyright, or other intellectual property laws, and international treaty
provisions. Infringement by you may result in civil or criminal prosecution. Third parties may make materials
available using our service. These third parties are not within our control. We do not review the content
posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation
to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit
materials we know infringes another party's copyright to remain on our service. If you believe any materials
on our service infringes a copyright, you should give us written notice. See below for what information must
be included in your notice and where your notice should be sent. Your notice should at a minimum contain
the following information: !
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;!!
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at
a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit
us to locate the material;!!
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which the complaining party may be
contacted;!
5. A statement that the complaining party has 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; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows: Elevate Legal Department, Attn:
DMCA Notices, 23 Main Street, Holmdel, NJ 07733.
Export Controls: In addition, if you receive Elevate Visual Voicemail, whether as part of a plan that you
have selected or as part of a trial, you authorize us to share your voicemails with human operators.
account. If the Customer does not agree to be bound by these Terms of Service, then the Customer should
not take any of the foregoing actions described in (i) through (iv), the Customer should not use the Service.
The Customer is not authorized to use the Service without agreeing to be bound by these Terms of
Service. The Customer is responsible for ensuring that all use of the Service is in accordance with these
Terms. The Customer shall ensure that anyone who uses the Service abides by the Terms of Service. The
Customer shall indemnify and hold the Company harmless for any violation of these Terms of Service by
any person using the Service, with or without the Customer’s consent or knowledge. The Company
reserves the right to revise the Terms of Service, the Plan Information (as described below) and/or its fees
and charges at any time without providing notice to its users and the Customer’s continued use of the
Service shall be deemed irrevocable acceptance of those revisions. The Company may also impose limits
on certain features or restrict the Customer’s access to all or portions of the Service without notice or
liability. The Customer’s continued use of the Service shall constitute acceptance to be bound by the terms
and conditions of the revised Agreement. Customer is responsible for all authorized and unauthorized
charges to account and is encouraged to regularly change voice and web portal passwords for increased
security. If customer uses international calling features frequently, Customer must notify Elevate so account
will be authorized to make such calls. Your Elevate 911 services are different from traditional 911 services
in important ways. 911 may not be available in the event of a power outage, network outage or if your
broadband connection becomes unavailable. In some cases if you place a 911 call, you may be connected
to an operator who will then establish a three-way call with a 911 call center in your area. This may take
slightly longer than normal to connect to the 911call center. This third party operator will be able to proved
the 911 call center operator with your address and phone number. You should never move your Elevate
equipment; doing so may result in incorrect 911 data sent, thus inhibiting Emergency Response. Digital
Voice products require providers to manually enter addresses and phone numbers into emergency
services databases. This means, for the first couple days using a pre-stocked number from Elevate, normal
911 calling will not direct emergency service personnel to Customer’s correct residence. Non-voice
equipment such as home security systems, home fax machines, modems and medical monitoring devices
are not guaranteed to be compatible with Elevate phone service.
If you cancel your phone transfer less than 3 business days before your activation date you may be liable
for LNP cancellation charges. (Charges: $125.00 for less than 3 days before port, and $425.00 for day of
activation. Charges only apply to those porting current numbers.) This letter authorizes Elevate to act as an
Agent for and in behalf of customer, for the purpose of changing Customer’s preferred local exchange
carrier (Preferred Carrier Change) and porting the telephone number(s) listed on this form to the Elevate
managed network (Local Number Portability, “LNP”). Customer hereby authorizes Elevate and its providers
to obtain information about and/or acquire copies of our network services configuration and to order and
manage negotiations for the transfer of local telecommunications service for the telephone numbers listed
below. Elevate reserves the right to refuse a service order request from a present or former Customer
whom Elevate determines in its sole discretion, does not meet Elevate criteria.
Agreement: By signing this Service Order and Letter of Authorization, I agree to the terms and conditions
of the End User agreement and other applicable terms and conditions of the End User agreement and
other applicable terms and conditions as defined at www.goelevate.com , in addition to those detailed on
this form. By signing below, customer authorizes a credit check by Elevate. All services, installation,
equipment, change of service, and other charges may apply. Pricing and Packaging subject to change.
Taxes: Prices quoted do not include taxes and other surcharges. Elevate will not discriminate in its risk
assessment on the basis of race, color, sex, creed, religion, nationality, sexual orientation, age, or marital
status. By accepting these services and signing the front side of this form, Customer accepts Elevate’s
complete User Agreement, found at www.goelevate.com By signing up for and accepting Elevate Voice
services, Customer accepts the above letter of authorization. Upon activation product, the debit/credit on
file will be charged the one-time activation fee as well as the first month. Customer will then be debited 30
days after first charge on a monthly basis. Phone number porting typically takes place in 5-10 business
days and up to 30 in rare circumstances. The existing phone service MUST stay active throughout this
process. If the customer has a phone/DSL bundle they must notify their company that they are requesting
their number to be ported and that they want to keep their line active so their Internet doesn’t shut off, they
only want to port the number. Once the number successfully ports the customer will be notified via e-mail
and the previous phone provider will need to be contacted by the customer to be officially cancelled. The
digital phone converter box will either be delivered and installed by a local technician at or shipped for
$9.95 to the customer. Unless customer pre-pays all equipment, a 24-month term required and $200 early
termination fee applies. Some alarms, credit card machines and/or fax machines are not compatible.
Elevate is not liable for device compatibility. Consult with a representative for details.
Termination of Service; Termination Due to Number Port: You may be able to take, or "port," your
current number to another service provider. If you ask your new service provider to port a number from us,
we will terminate our service for that number promptly after we receive notification from our competitive
local exchange carrier that the porting of your number to your new service provider has been completed
successfully. We will terminate our service in this fashion even if you have not independently called us to
request disconnection. Once your service is terminated in this manner, you will remain responsible for all
charges and fees through the end of the current billing cycle, including any unbilled charges, as well as for
any applicable disconnection or recovery fees that may be applicable as provided in Sections 8.7 and 8.8
below. If a port is unsuccessful for any reason, then unless you independently call us to request
disconnection or unless we determine to disconnect your line as stated in these Terms of Service, your
service and your agreement with us will not terminate, you will remain a Elevate customer, and you will
continue to be responsible for all charges and fees associated with your Elevate service. If you request
your new service provider to port a number from us and you have multiple numbers assigned to your
account and/or additional devices on your account, you are required to inform us, by telephone, of your
intent to terminate all the services on your account, prior to the successful completion of the requested port
or we will select the most appropriate billing plan for any remaining numbers and/or devices on your
Elevate Digital Phone account, and you will continue to be responsible for all the charges and fees
associated with the remaining services on your Elevate account. Once the port of the requested number is
completed, you will remain responsible for all charges and fees through the end of that billing cycle,
including any applicable disconnection fees and recovery fees that may apply to the ported number.
BROADBAND INTERNET DISCLOSURES
Service: Upon completion of online activation the debit/credit on file will be charged the one-time activation
st
th
th
th
th
th
fee as well as the first month. Billing dates for service are on the 1 , 5 , 10 , 15 , 20 and 25 of each
nd
th
month. The 2 month of service will be billed on the 4 of these dates after their sale date and that will be
rd
the official billing date for each following month. (Example: Services sold on the 3 will be billed on the
th
20 .) The payment date for each following month will be one month from the date of signup. Half of the
activation fee will be rebated to the customer as long as they provide 12 legitimate referrals to Elevate and
pay their first three months of service on time. The modem will be delivered and installed by a local
technician at no cost to the customer or shipped for $9.95. Unless customer pre-pays all equipment, a 24month term is required and $200 early termination fee applies.
ELEVATE ENTERTAINMENT DISCLOSURES
Service: DIGITAL TV: Billed and serviced by Dish Network or DirecTV, Dish Network 866-560-8382
Webpage: www.dishnetwork.com DirectTV: 800-981-7349 Webpage: www.directv.com Installation time
may be extended due to many possible variables. Credit verification required for free equipment. 24-month
term required and early termination fees apply. Free promotional premium channels, if requested, must be
cancelled after the free period to avoid an increase on monthly bill. Sales tax will apply to monthly service.
To qualify for monthly discount through DirecTV an online rebate form must be filled out at
www.directv.com/rebate. To qualify for a discount on the first month’s bill, rebate form must be filled out
prior to installation. If deadline is missed the monthly service will still be discounted for 12 months as long
as it is completed within 60 days of installation. There will be a pending hold from Dish Network for up to
$25 on the debit/credit card on file for 48 hours, this charge will not go through but is used only for testing
account validity. There will be a $19.95 activation fee for DirecTV customers. Promotions are valid for new
customers only. Sales tax will apply to monthly service.
Prohibited Uses: You may use our service and your devices only for lawful, proper and appropriate
purposes. You may not use our service or your devices in any way that is illegal, fraudulent, improper or
inappropriate, including BUT NOT LIMITED TO:
• Behavior that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another’s privacy, or discriminatory.
• Activities such as auto-dialing, continuous, or extensive call forwarding or conferencing,
inbound/outbound centralized or distributed call center activity, telemarketing (including charitable or,
political solicitation or polling), fax or voicemail broadcasting or blasting, continuous or extensive chat-line
access, or use as an open telephone line as a monitor, intercom, or transcription service.
• Using your device or our service to impersonate another person, send bulk unsolicited messages, engage
in data mining or other automated data capture and storage activities, violate any local, state, or federal
law, rule or regulation, or to violate any third party’s intellectual property or personal rights.
ELEVATE SECURITY DISCLOSURES
DIGITAL HOME PHONE DISCLOSURES
These Terms of Service are a component of the agreement (”Agreement”) between Elevate (the
“Company”) and the customer identified in the Account Information (the “Customer”) in connection with the
Customer’s purchase of the Company’s residential, small business, Voicemail, Softphone, Make a Call,
and or any other Internet voice communications services, along with related equipment or other products or
other services provided by the Company (collectively, the “Service”). These Terms of Service supplement
Elevate General Terms of Service, and together with the General Terms of Service constitute the entirety of
the Agreement.
Customer’s Acceptance of These Terms of Service: The Customer signifies its irrevocable acceptance
of these Terms of Service upon the earlier of: (i) clicking on the “Confirm Order” button during the Sign Up
process; (ii) by using the Service; (iii) by purchasing any Equipment; or (iv) activating the Customer’s
by Signing this agreement, customer also agrees to the separate Security Installation Agreement, please
refer to it for any concerns.