The commercial terms that govern engagements with Elevex LLC. These Terms apply to clients purchasing services under a Master Services Agreement and Statement of Work, and to anyone buying the Excel workbooks sold on this site.
1.1 These Terms of Service (these "Terms") govern your access to and use of the website https://elevexmedia.com (the "Website") and the services provided by Elevex LLC, a Florida limited liability company ("Company," "we," "us," or "our").
1.2 By accessing, browsing, or using the Website, or by engaging our services, you ("you," "User," or "Client") acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, available at https://elevexmedia.com/privacy_policy.
1.3 If you do not agree with these Terms, do not access or use the Website or our services.
1.4 If you are using the Website or services on behalf of an entity, you represent that you have authority to bind that entity to these Terms.
2.1 Company provides professional services in the areas of marketing, public relations, restaurant consulting, and web development. Specific engagements are governed by a separate Master Services Agreement (MSA) and Statement of Work (SOW).
2.2 We reserve the right to modify, suspend, or discontinue any part of the Website or services at any time without liability.
3.1 What we sell. In addition to professional services, Elevex LLC sells ready-made spreadsheet workbooks — the calculators published at elevexmedia.com/restaurants/tools — individually or as packs ("Workbooks"). A Workbook is a digital product, not a professional service, and is not governed by an MSA or SOW.
3.2 What you are buying. You buy a licence to use the Workbook, delivered as a Microsoft Excel (.xlsx) file. The licence is perpetual, non-exclusive and non-transferable, and permits use within your own business, including any locations under common ownership.
3.3 What the licence does not permit. You may not resell, redistribute, sublicense, publish, or otherwise share the file or its contents outside your business; use it to provide a competing product or a paid service to third parties; or remove or alter the notices identifying Elevex LLC as its source. The Workbook, its structure, formulas, benchmark tables and text remain our intellectual property.
3.4 Ordering and delivery. Orders are placed through the order form on the Website. We issue an invoice, and the Workbook is delivered by email to the address you supply once payment has cleared. You are responsible for giving us an address you can receive files at. The licence takes effect on delivery.
3.5 Updates. We are under no obligation to update a Workbook after purchase. Where we do issue an updated version, we may make it available to earlier purchasers at no charge, but doing so once does not oblige us to do so again.
3.6 Taxes. Prices are stated in US dollars and exclude any sales, use, or value-added tax that may apply in your jurisdiction. Where such tax is chargeable, it will be added to the invoice.
3.7 Refunds. Workbook sales are final once the file has been delivered, subject to the defect remedy set out in Section 3 of our Refund and Cancellation Policy. A live demo of every Workbook is published on the product page so that no purchase need be made unseen.
3.8 Informational purpose — no warranty. Workbooks perform arithmetic on figures that you supply. Their outputs are informational and do not constitute financial, accounting, tax, legal, employment, or food-safety advice. Every operating decision taken on the basis of a Workbook remains yours. The accuracy of every result depends on the accuracy of the data you enter; we do not verify your figures and are not responsible for outcomes produced from incorrect, incomplete, or out-of-date inputs.
3.9 Benchmarks. Where a Workbook shows an industry benchmark or reference range, it is drawn from commonly cited published sources and is offered for orientation only. It is not a standard, a guarantee, or a target that suits every operation.
3.10 Food Safety Control Point Log. This Workbook is a daily recordkeeping tool. It is not a HACCP plan, it does not replace ServSafe or equivalent food-handler training, and it does not replace a site-specific hazard analysis by a qualified food-safety professional. Requirements vary by state and by local health department; verify yours before relying on any range in it. Operations using specialised processes — smoking, curing, sous vide, or reduced-oxygen packaging, among others — may be required to hold a formal HACCP plan or variance that this Workbook does not provide.
3.11 Limitation. To the maximum extent permitted by law, our total liability arising out of or relating to a Workbook is limited to the amount you paid for that Workbook. The general disclaimers and limitations elsewhere in these Terms apply to Workbooks in addition to this Section.
4.1 You must be at least 18 years of age and have legal capacity to enter into binding contracts. The Website and services are not intended for minors.
5.1 You shall: (i) provide accurate information; (ii) not use the Website for unlawful purposes; (iii) comply with all applicable laws; (iv) not infringe upon the intellectual property or other rights of any party; and (v) pay all fees owed for services.
6.1 Website Content. All content on the Website — including text, graphics, logos, images, code, and design — is owned by Company or its licensors and protected by United States and international intellectual property laws.
6.2 Limited License to Users. We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal or internal business purposes only.
6.3 Deliverables. Ownership of deliverables produced for clients is governed by the applicable MSA and SOW.
6.4 Trademarks. Company's name, logo, and any related marks are trademarks of Company. Use without permission is prohibited.
6.5 Feedback. Any feedback, suggestions, or ideas you provide may be used by Company without restriction or compensation.
You agree NOT to:
7.1 Use the Website or services for any unlawful, fraudulent, or malicious purpose;
7.2 Infringe intellectual property, privacy, or other rights of any party;
7.3 Transmit viruses, malware, or other harmful code;
7.4 Attempt unauthorized access to any part of the Website, servers, or accounts;
7.5 Scrape, mine, or collect data from the Website without written permission;
7.6 Impersonate any person or entity;
7.7 Interfere with the operation of the Website;
7.8 Use services to distribute spam, unsolicited communications, or misleading content;
7.9 Reverse engineer any software provided by Company.
8.1 Fees for services are as specified in the applicable MSA, SOW, invoice, or written agreement.
8.2 Payment terms default to Net-30 unless otherwise agreed. Late payments accrue interest at 1.5% per month or the maximum permitted by law.
8.3 Refunds are subject to our Refund and Cancellation Policy, available at https://elevexmedia.com/refund_policy.
8.4 All fees are exclusive of taxes, which are your responsibility (except for taxes on Company's net income).
9.1 THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
9.2 COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OPERATION.
9.3 COMPANY MAKES NO GUARANTEES REGARDING SPECIFIC BUSINESS OUTCOMES, RESULTS, ROI, OR REVENUE FROM OUR SERVICES.
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA.
10.2 COMPANY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10.3 Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
11.1 You agree to defend, indemnify, and hold harmless Company from and against any claims, damages, liabilities, and expenses (including attorneys' fees) arising out of: (i) your breach of these Terms; (ii) your violation of any law; (iii) your infringement of third-party rights; or (iv) content you provide to Company.
12.1 Services may involve third-party platforms and tools (advertising platforms, analytics, social networks). Company is not responsible for their availability, terms, or policies.
13.1 Neither party shall be liable for delays or failures due to causes beyond reasonable control, including natural disasters, pandemics, war, terrorism, governmental actions, or third-party failures.
14.1 Governing Law. These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.
14.2 Informal Resolution. Parties shall attempt to resolve disputes through good-faith negotiation for 30 days.
14.3 Arbitration. Unresolved disputes shall be finally resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in Pinellas County, Florida, before a single arbitrator, in English.
14.4 Equitable Relief. Either party may seek injunctive relief in court to protect intellectual property or confidential information.
14.5 Class Action Waiver. DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS OR REPRESENTATIVE PROCEEDING.
14.6 Attorneys' Fees. The prevailing party shall be entitled to recover reasonable attorneys' fees.
15.1 We may update these Terms at any time. Material changes will be communicated by updating the "Last Updated" date. Continued use constitutes acceptance.
16.1 Entire Agreement. These Terms, together with the Privacy Policy and applicable MSA/SOW, constitute the entire agreement.
16.2 Severability. If any provision is invalid, the remaining provisions remain in effect.
16.3 No Waiver. Failure to enforce any right does not constitute a waiver.
16.4 Assignment. You may not assign these Terms without written consent. Company may assign in connection with a business transfer.
16.5 Notices. Notices to Company: 7901 4th St N STE 300, St. Petersburg, FL 33702, USA and hello@elevexmedia.com. Notices to you: to the address/email you provided.
16.6 Independent Contractors. Nothing creates a partnership, agency, or employment relationship.
16.7 Electronic Signatures. Electronic acceptance and signatures are valid under E-SIGN Act.
For questions about these Terms:
Elevex LLC
7901 4th St N STE 300, St. Petersburg, FL 33702, USA
Email: hello@elevexmedia.com
Website: https://elevexmedia.com
Last updated: August 7, 2026
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