Terms and Conditions

Welcome to "Elevate UAV, LLC" – Your Path to Success in Technology and Media

Acceptance: By accessing and using the services and products provided by Elevate UAV, LLC, you agree to the following Terms and Conditions. Please read these terms carefully as they outline the rules and obligations that govern your use of our innovative aerial solutions, consultation information, and media production. Your continued use of our services signifies your acceptance of these terms. If you do not agree with any part of these Terms and Conditions, please refrain from using our services.

Definitions:

Services: Refers to the various offerings provided by Elevate UAV, LLC, including but not limited to aerial photography and videography services, consultation services related to the development of Unmanned Aerial Vehicle (UAV) programs, and any other related services.

Content: Encompasses all media produced and provided by Elevate UAV, LLC, including photographs, videos, reports, documents, digital files, and any other visual, written, or multimedia materials created as part of our services. This includes, but is not limited to, aerial photographs, videos, and any data or reports generated during consultation services.

Client: Refers to a person, entity, or organization that contracts or engages Elevate UAV, LLC for the provision of media services, including photography and videography, or for consultation and training related to the development and management of UAV programs within their agency or organization. Clients may include individuals, businesses, government entities, or any other party entering into a formal agreement with Elevate UAV, LLC for services.

User: Refers to any individual who engages in using Elevate UAV, LLC's website, as well as any social media platforms maintained or utilized by Elevate UAV, LLC for communication, information dissemination, or interaction with the public. Users of our online platforms may include visitors, customers, or individuals accessing our digital content and services.

User Agreement:

These "Terms and Conditions" apply to all Users of Elevate UAV, LLC's services, products, website, and any affiliated online or offline platforms, including Clients who contract our services and individuals who use our website and social media platforms. By accessing, browsing, or using any of our services or content, you agree to be bound by these terms. Whether you are a Client engaging our services or a User interacting with our website and social media platforms, these terms govern your interactions and obligations with Elevate UAV, LLC. If you do not agree with any part of these Terms and Conditions, please refrain from using our services or accessing our digital properties.

Registration and Accounts:

Users are welcome to browse Elevate UAV, LLC's website without the need to create an account. However, in certain instances, such as when a User decides to request and order services, request a consultation, request a quote for a job, or book one of our services, the website may prompt the User to create an account. During these interactions, for effective communication purposes, Elevate UAV, LLC's website may request the User's name. Additionally, depending on the nature of the request or service, the website may also ask for general contact information, including phone numbers, email addresses, and, in the case of service requests, the address where the services are to be provided. Elevate UAV, LLC is committed to safeguarding the privacy and security of the information provided, and details can be found in our Privacy Policy. Users are encouraged to provide accurate and up-to-date information to ensure seamless communication and service delivery.

Payment and Billing:

Pricing for Elevate UAV, LLC's consultation services and media production varies based on the unique needs of each Client, ranging from free consultations to different amounts based on the scope and requirements of the job. Our media production involves the use of handheld cameras, drones, and action cameras to capture dynamic and captivating shots. After collecting the necessary footage, our skilled team edits the media content to produce high-quality, visually engaging content in the final stages, tailored to the Client's specifications.

Once the media content is delivered, Elevate UAV, LLC transfers ownership and all associated rights to the Client. Clients have the freedom to use the purchased media for any purpose they see fit. Our pricing structure is competitive, offering services that can be purchased either as stand-alone options or as part of a media bundle. Detailed descriptions of these bundles and packages can be found on our website, ensuring transparency and clarity for our Clients.

For projects that fall outside our standard packages or bundles, such as custom jobs, a member of our team will contact the Client to gather information about the prospective job. A personalized price quote will then be provided to complete the custom job. The terms of job completion, including timelines and deliverables, will be discussed and outlined during this process. Elevate UAV, LLC is committed to providing flexible and customized solutions to meet the unique needs of our Clients.

Elevate UAV, LLC aims to provide convenient payment options for our Clients. We accept all major credit cards, debit cards, as well as cash and checks. Our diverse payment methods are designed to offer flexibility and ease of transaction, ensuring a seamless experience for our valued Clients. Please refer to our website or contact our customer service for any specific inquiries regarding payment methods or to discuss alternative arrangements that may better suit your needs.

Elevate UAV, LLC operates on a one-time purchase model; as such, we do not currently engage in recurring billing. Charges for our products and services, including media content, are billed at the time of service delivery.

Refunds are available for media content purchases within 14 days of the date of delivery. However, please note that for on-site consultation, training, or program development instruction, no refunds are offered. Elevate UAV, LLC is committed to ensuring client satisfaction, and our refund policy is designed to provide a reasonable window for clients to assess and evaluate the delivered media content.

In compliance with applicable state regulations, sales tax is charged for our media content services. The applicable state sales tax will be clearly indicated during the billing process. For further details on our pricing, refund policy, or any other billing-related inquiries, please do not hesitate to reach out to our customer service team.

Service Disclaimers and Limitations:

Elevate UAV, LLC strives to provide exceptional services, training, and information to our Clients; however, certain disclaimers and limitations are essential to note:

Pilot Liability: We are not liable for the flight ability of your agency or organization's pilots. While we train on best practices and adhere to federal laws and regulations, the responsibility for the competence and compliance of pilots rests with the employing entity and ultimately, the Pilot in Command. The information and tactics we share are based on our own experiences and are not presented as "must do" or "should do" directives.

Vendor Affiliation and Equipment Acquisition: Elevate UAV, LLC is currently not affiliated with any vendor or equipment provider. We do not offer discounts, negotiate terms, or provide recommendations on equipment acquisition. Information shared about specific companies or potential funding sources is for awareness purposes only, and Clients are encouraged to make independent decisions regarding equipment purchases, vendors, and financing.

Flying Limitations: Due to the nature of drone and camera equipment, limitations may arise based on various factors such as weather conditions, airspace restrictions, and lighting conditions. Prohibiting flying conditions may include, but are not limited to, high winds, low visibility, rain, snow, restricted airspace, and poor lighting. We will make every effort to fulfill our service obligations on the agreed-upon date and time, but uncontrollable situations may necessitate rescheduling. We may conduct parts of the shoot upfront and return at a later date to finalize the shoot, based on these factors.

Timeline Constraints: Various factors, including location, airspace clearance requirements, active flights, training activities, or airshows in the flight path, may cause delays in drone flights. Providing upfront scheduling notice can help mitigate these limitations. Elevate UAV, LLC commits to communicating any known restrictions to the Client before services are rendered to prevent any unforeseen issues.

User Conduct and Responsibilities:

Elevate UAV, LLC values open communication, professionalism, and respect from all Users and Clients engaging with our services and platforms. In addition to the specific disclaimers and limitations outlined in Service Disclaimers and Limitations, we expect Users and Clients to adhere to the following conduct guidelines:

Respectful Interaction: Users and Clients are expected to engage in respectful and courteous communication. Any form of harassment, abusive language, or inappropriate behavior towards our team members, other Users, or Clients will not be tolerated.

Lawful Usage: Users and Clients must use our services and platforms in compliance with all applicable laws and regulations. This includes but is not limited to federal and state drone regulations, intellectual property laws, and privacy laws.

Accurate Information: Users and Clients are responsible for providing accurate and up-to-date information when creating accounts or engaging with our services. Elevate UAV, LLC is not liable for any consequences resulting from inaccurate or outdated information provided by Users or Clients.

Content Usage: Users and Clients must use any media content provided by Elevate UAV, LLC in accordance with applicable laws and for lawful purposes. Unauthorized use, reproduction, or distribution of our media content is strictly prohibited.

Platform Integrity: Users must not attempt to interfere with the proper functioning of our website or social media platforms. Any attempt to breach security, manipulate content, or disrupt services is a violation of these Terms and Conditions.

Compliance with Policies: Users and Clients are expected to comply with all additional policies and guidelines provided by Elevate UAV, LLC, including but not limited to our Privacy Policy and any specific rules outlined on our website or platforms.

Elevate UAV, LLC reserves the right to take appropriate actions, including the termination of accounts or denial of services, in response to any violations of these conduct guidelines. We appreciate the cooperation of all Users and Clients in maintaining a positive and professional environment within our community.

Information specifically related to Elevate UAV, LLC’s privacy policy can be found in our Privacy Policy.

Intellectual Property:

Upon delivery and full payment of services, Elevate UAV, LLC acknowledges that the Client owns all rights and intellectual property associated with the media content produced for them. This includes but is not limited to photographs, videos, reports, and any other materials created as part of our services. Elevate UAV, LLC relinquishes any claim to ownership or usage rights, and the Client is granted the freedom to use, reproduce, and distribute the media content for any purpose they deem fit. This transfer of ownership is contingent upon full and timely payment of all associated fees and charges. Elevate UAV, LLC retains no rights to the media content once it has been delivered to and accepted by the Client.

In addition to the aforementioned rights granted to the Client, the Client may, at their discretion, provide Elevate UAV, LLC with a license to use, display, and reproduce the media content for our own promotional purposes. This may include but is not limited to the use of the content in our gallery, portfolio, advertising materials, website, social media, and other marketing initiatives. Any such grant of rights will be explicitly outlined in a separate agreement, and Elevate UAV, LLC will respect the terms and conditions specified by the Client regarding the use of their media content for promotional purposes.

It is important to note that any media content, including but not limited to photographs, videos, and other materials, displayed on the Elevate UAV, LLC website or social media platforms that is not explicitly owned by Clients remains the intellectual property of Elevate UAV, LLC. Unauthorized use, reproduction, or distribution of any media content owned by Elevate UAV, LLC, or any media content purchased by Clients, is strictly prohibited without our express written permission. Elevate UAV, LLC retains all rights to the content showcased on our website and social platforms, and any use without permission may result in legal action. Clients are encouraged to contact us for any inquiries regarding the use of media content displayed on our digital platforms.

Termination:

Elevate UAV, LLC reserves the right to terminate the account or access of any User or Client at our discretion, with or without cause. Reasons for termination may include but are not limited to violations of these Terms and Conditions, engaging in prohibited activities, or any other actions that may compromise the integrity of our services or platforms. In the event of termination, Users or Clients will be notified, and any ongoing services or obligations will be addressed based on the circumstances surrounding the termination. Elevate UAV, LLC also retains the right to cease providing services, discontinue platforms, or alter access to our website and social media channels at any time.

Dispute Resolution:

Any dispute arising out of or relating to these Terms and Conditions, including the existence, validity, interpretation, performance, or breach thereof, shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved amicably within a reasonable timeframe, both parties agree to submit the matter to mediation in accordance with the mediation rules of the American Arbitration Association (AAA), with the mediation to take place in Idaho where jurisdiction lies.

If mediation does not result in a resolution, the dispute shall be submitted to binding arbitration in accordance with the commercial arbitration rules of the AAA. The arbitration proceedings shall take place in Idaho. The award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The laws of the state of Idaho shall govern these Terms and Conditions, and any legal action or proceeding arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the state of Idaho. Each party hereby consents to the personal jurisdiction of such courts and waives any objection based on improper venue or inconvenient forum.

Limitation of Liability:

To the fullest extent permitted by applicable law, Elevate UAV, LLC shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use or inability to use our services, even if Elevate UAV, LLC has been advised of the possibility of such damages.

In no event shall Elevate UAV, LLC's total liability to you for all claims arising out of or in any way related to these Terms and Conditions exceed the amount paid by you to Elevate UAV, LLC for the specific services at issue in the 12-month period preceding the claim.

The limitations set forth in this section apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not Elevate UAV, LLC has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Governing Law:

These Terms and Conditions, and any disputes arising from or related to them, shall be governed by and construed in accordance with the laws of the state of Idaho, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the state of Idaho. Each party hereby consents to the personal jurisdiction of such courts and waives any objection based on improper venue or inconvenient forum.

By using Elevate UAV, LLC's services, you agree that any legal proceedings arising out of or in connection with these Terms and Conditions shall be conducted exclusively in the state or federal courts located in the state of Idaho, and you consent to the personal jurisdiction of these courts for such purposes.

Changes to Terms and Conditions:

Elevate UAV, LLC reserves the right to update, modify, or amend these Terms and Conditions at any time without prior notice. Any changes to these terms will be effective immediately upon posting. Users and Clients are encouraged to regularly review these Terms and Conditions to stay informed of any updates.

By continuing to use our services or access our platforms after changes to these Terms and Conditions have been posted, you agree to be bound by the updated terms. If you do not agree with any modifications to these terms, your sole remedy is to discontinue the use of Elevate UAV, LLC's services and platforms. Elevate UAV, LLC is not liable for any loss or inconvenience incurred as a result of a User or Client's failure to review these Terms and Conditions periodically.

Contact Information:

For inquiries, assistance, or concerns related to these Terms and Conditions, you may contact Elevate UAV, LLC using the following information:

Email: connect@elevate-uav.com

Phone: (208) 606-2454

Mailing Address:

Elevate UAV, LLC
13065 Highway 44
Caldwell, ID 83607

Miscellaneous:

Force Majeure: Elevate UAV, LLC and the Client acknowledge that certain unforeseen events or circumstances beyond their control, including but not limited to acts of nature, war, terrorism, government actions, and other force majeure events, may impact the ability to fulfill obligations under these Terms and Conditions. In such cases, the affected party will be excused from performance during the period of such events. However, both parties agree to make reasonable efforts to resume normal operations as soon as possible.

Indemnification: The Client agrees to indemnify, defend, and hold Elevate UAV, LLC and its affiliates, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or in connection with the Client's use of Elevate UAV, LLC's services, violation of these Terms and Conditions, or infringement of any rights.

Severability: If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely achieves the intended economic effect.

Waiver: The failure by Elevate UAV, LLC to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any right or remedy. Any waiver of a default or breach of these Terms and Conditions must be in writing and shall not constitute a waiver of any subsequent default or breach.

Entire Agreement: These Terms and Conditions constitute the entire agreement between Elevate UAV, LLC and the Client and supersede all prior agreements, understandings, or representations, whether oral or written. No modification, amendment, or waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by both parties.