Terms and Conditions
Last Updated: February 3, 2026
Effective Date: February 3, 2026
1. Agreement to Terms
These Terms and Conditions ("Terms," "Terms and Conditions") constitute a legally binding agreement between you ("User," "you," or "your") and Elevated MT ("Company," "we," "us," or "our") governing your access to and use of the Elevated MT mobile application ("App") and all related services, features, content, and functionality (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES.
By accessing or using our Services, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
We reserve the right to change or modify these Terms at any time and in our sole discretion. All changes are effective immediately when posted. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
2. Age and Eligibility Requirements
2.1 Age Verification
YOU MUST BE AT LEAST 21 YEARS OF AGE TO USE OUR SERVICES.
By using our Services, you represent and warrant that:
- You are at least 21 years of age; OR
- You are at least 18 years of age AND possess a valid medical cannabis card issued by the State of Montana or another jurisdiction where medical cannabis is legal
2.2 Identity Verification
To access certain features of our Services, including our loyalty rewards program, you must verify your identity using:
- A valid state-issued driver's license or identification card; OR
- A valid tribal identification card; OR
- A valid passport; OR
- A valid medical cannabis patient card; OR
- Other government-issued identification acceptable under applicable law
- You agree to provide accurate, current, and complete identification information and to maintain the accuracy of such information.
2.3 Eligibility
By using our Services, you further represent and warrant that:
- You are legally permitted to purchase and possess cannabis products in the State of Montana
- You are not prohibited by law from purchasing cannabis products
- All information you provide to us is truthful, accurate, and complete
- You will comply with all applicable federal, state, and local laws and regulations
3. Account Registration and Security
3.1 Account Creation
Accounts must be created in person at a participating Elevated MT retail location. You cannot create a new account through the App. When you visit one of our retail locations, our staff will:
Verify your age and identity in accordance with Montana state law
Create your rewards account in our point-of-sale system
Provide you with the information needed to access your account through the App
The App allows you to access and manage your existing rewards account that was created in-store. By using the App to access your account, you agree to:
Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account
3.2 Account Security
You are responsible for safeguarding your account credentials and for any activities or actions taken under your account. We encourage you to use biometric authentication features (such as Face ID or Touch ID) when available for enhanced security.
We are not liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account.
3.3 Account Termination
We reserve the right to suspend, disable, or terminate your account at any time, with or without notice, for any reason, including but not limited to:
Violation of these Terms
Fraudulent, abusive, or illegal activity
Providing false or misleading information
Actions that may harm us, our Services, or other users
You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will immediately cease.
4. Loyalty Rewards Program
4.1 Program Description
Our Services include a loyalty rewards program that allows you to earn and redeem points based on qualifying purchases at participating Elevated MT retail locations. To participate in the loyalty rewards program, you must first create an account in person at a participating Elevated MT retail location. Once your account has been created in-store and your identity and age have been verified by our staff, you may use the App to view your points balance, track rewards, and access exclusive deals.
4.2 Earning Points
Points are earned on qualifying purchases made at participating Elevated MT locations
The rate at which points are earned may vary and is subject to change at our discretion
Points are credited to your account after the transaction is completed
Certain products, promotions, or transactions may be excluded from point earning
4.3 Redeeming Points
Points may be redeemed for discounts on future purchases at participating locations
Redemption values and options are determined by us and may change at any time
Points have no cash value and cannot be exchanged for cash
Points cannot be transferred, sold, or combined with other accounts
4.4 Point Expiration and Forfeiture
Points may expire after a period of account inactivity as determined by us
Points will be forfeited upon account termination
We reserve the right to adjust point balances to correct errors or address fraudulent activity
We reserve the right to modify, suspend, or terminate the loyalty program at any time
4.5 Program Changes
We reserve the right to modify, suspend, or discontinue the loyalty rewards program at any time, with or without notice. This includes the right to:
Change the rate at which points are earned or redeemed
Change or eliminate rewards or redemption options
Set or change point expiration periods
Add or remove program features
5. Promotions and Deals
5.1 Promotional Offers
We may offer promotions, discounts, deals, and special offers through our Services. All promotions are:
Subject to availability and may be limited in quantity
Subject to specific terms and conditions as stated
Valid only at participating locations
Subject to change or cancellation at any time without notice
5.2 Limitations
Promotions cannot be combined unless explicitly stated
Promotions have no cash value
We reserve the right to limit quantities or refuse any promotion use
Promotions may be subject to age and eligibility verification
6. Cannabis Promotional Communications (Montana Compliance)
6.1 Consent Requirement
In accordance with Montana state law, we require your explicit, affirmative consent before sending you push notifications about marijuana/cannabis products, including deals, discounts, and promotions.
6.2 Opting In
Cannabis promotional notifications are OFF by default. To receive cannabis promotional push notifications, you must:
Navigate to the notification consent screen during onboarding or in app settings
Actively enable the consent toggle indicating you agree to receive cannabis promotional notifications
Tap "Enable Notifications" to confirm your consent
Grant notification permissions through the iOS system prompt
Simply downloading or using the App does not constitute consent to receive cannabis promotional communications.
6.3 Opting Out (Withdrawing Consent)
You may withdraw your consent and stop receiving cannabis promotional notifications at any time by:
Through iPhone Settings:
Open Settings > Notifications > Elevated MT
Toggle Allow Notifications to OFF
From a Notification:
Swipe left on any Elevated MT notification
Tap Options > Turn Off
From Notification Center:
Long press on any Elevated MT notification
Tap Options (...) > Turn Off
Your withdrawal of consent will take effect immediately. You will not be penalized or lose any benefits for withdrawing consent.
6.4 What Consent Covers
By consenting to cannabis promotional notifications, you agree to receive push notifications that may include:
Daily deals and discounts on cannabis products
Promotional offers and limited-time specials
New cannabis product announcements
Location-specific cannabis deals and events
Loyalty rewards related to cannabis purchases
6.5 Records
We maintain records of your consent status for compliance purposes. You may request information about your consent history by contacting us.
7. Acceptable Use
7.1 Permitted Use
You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use our Services only:
For your personal, non-commercial use
In compliance with all applicable laws and regulations
In accordance with these Terms
7.2 Prohibited Conduct
You agree not to:
Use the Services for any illegal purpose or in violation of any laws
Attempt to gain unauthorized access to the Services or related systems
Use the Services to transmit viruses, malware, or other harmful code
Interfere with or disrupt the Services or servers connected to the Services
Attempt to reverse engineer, decompile, or disassemble the Services
Use automated systems or software to extract data from the Services
Impersonate any person or entity or misrepresent your affiliation
Use the Services to collect information about other users
Use the Services in any way that could damage, disable, or impair the Services
Share your account credentials with others
Create multiple accounts for fraudulent purposes
Manipulate or attempt to manipulate the loyalty rewards program
Provide false or misleading information
8. Intellectual Property Rights
8.1 Our Intellectual Property
The Services and all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio, video, software, and the design and arrangement thereof) are owned by us, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
8.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
Download and install the App on a mobile device that you own or control
Access and use the Services for your personal, non-commercial purposes
8.3 Restrictions
You may not:
Copy, modify, or distribute the Services or any content
Use any trademarks, service marks, or logos without our prior written consent
Remove any copyright, trademark, or other proprietary notices
Use the Services to create derivative works
License, sell, rent, lease, or otherwise transfer the Services to any third party
8.4 Trademarks
"Elevated MT," our logos, and other marks are our trademarks and may not be used without our prior written permission. All other trademarks, service marks, and logos used in the Services are the trademarks of their respective owners.
9. User Content and Feedback
9.1 User Content
If you submit, post, or transmit any content through the Services ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, copy, modify, display, and distribute such User Content in connection with operating and providing the Services.
9.2 Feedback
Any feedback, suggestions, ideas, or other information you provide to us regarding the Services ("Feedback") is non-confidential and shall become our sole property. We shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose without acknowledgment or compensation to you.
10. Third-Party Services
10.1 Third-Party Links
The Services may contain links to third-party websites, services, or resources. We provide these links for convenience only and do not control or endorse such third-party services.
10.2 Third-Party Terms
Your use of third-party services is subject to the terms and policies of those third parties. We are not responsible for the content, privacy practices, or conduct of any third parties.
11. Disclaimers
11.1 "As Is" and "As Available"
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
11.2 No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
WARRANTIES THAT DEFECTS WILL BE CORRECTED
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
11.3 Cannabis Product Disclaimers
WE DO NOT SELL CANNABIS PRODUCTS THROUGH THE APP. The App is a loyalty and informational platform only. All cannabis product purchases must be made in person at our retail locations in compliance with applicable laws.
CANNABIS PRODUCTS ARE INTENDED FOR USE ONLY BY ADULTS 21 YEARS OF AGE OR OLDER (OR 18 YEARS OF AGE OR OLDER WITH A VALID MEDICAL CARD).
CANNABIS PRODUCTS HAVE INTOXICATING EFFECTS AND MAY BE HABIT-FORMING. CANNABIS CAN IMPAIR CONCENTRATION, COORDINATION, AND JUDGMENT. DO NOT OPERATE A VEHICLE OR MACHINERY UNDER THE INFLUENCE OF CANNABIS.
THERE MAY BE HEALTH RISKS ASSOCIATED WITH CONSUMPTION OF CANNABIS PRODUCTS.
FOR USE ONLY BY ADULTS. KEEP OUT OF THE REACH OF CHILDREN AND PETS.
CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED IN JURISDICTIONS WHERE SUCH POSSESSION OR CONSUMPTION IS LEGAL.
11.4 No Medical Advice
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. Information provided through the Services is for general informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition.
11.5 Regulatory Compliance
We make no representations or warranties that the Services comply with laws applicable to you outside the State of Montana. If you access the Services from outside Montana, you do so at your own risk and are responsible for compliance with local laws.
12. Limitation of Liability
12.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES
DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
12.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU PAID TO US (IF ANY) IN THE 12 MONTHS PRIOR TO THE CLAIM; OR
ONE HUNDRED DOLLARS ($100)
12.3 Basis of the Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
12.4 Jurisdictional Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Services
- Your violation of these Terms
- Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
- Your violation of any applicable law, rule, or regulation
- Any content you submit or transmit through the Services
- Any claim that your content caused damage to a third party
- Any fraudulent or illegal activity
This indemnification obligation will survive the termination of these Terms and your use of the Services.
14. Dispute Resolution
14.1 Informal Resolution
Before filing a claim, you agree to try to resolve any dispute informally by contacting us. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding.
14.2 Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, rather than in court, except that:
You may assert claims in small claims court if your claims qualify
Either party may seek equitable relief in court for infringement or misuse of intellectual property rights
14.3 Arbitration Rules
The arbitration will be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration will be held in Montana, unless you and we agree otherwise.
14.4 Class Action Waiver
YOU AND WE AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
14.5 Opt-Out
You may opt out of this arbitration agreement by sending written notice to us within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you want to opt out of this arbitration agreement.
15. Governing Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and we agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Montana for the purpose of litigating all such disputes.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us concerning the Services.
16.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
16.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
16.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
16.5 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights.
16.6 Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
16.7 Headings
The headings in these Terms are for convenience only and have no legal or contractual effect.
16.8 Electronic Communications
By using the Services, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. California Residents
If you are a California resident, in accordance with Cal. Civ. Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
18. Contact Information
If you have any questions about these Terms, please contact us at:
Elevated MT
Email: elevated.406@gmail.com
Address: 6522 South Frontage RD, Billings, Mt, 59101
Phone: 406-601-1166
19. Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT THEY SUPERSEDE ANY PRIOR OR CONTEMPORANEOUS PROPOSALS, COMMUNICATIONS, OR UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, RELATING TO THE SUBJECT MATTER OF THESE TERMS.
Last Updated: February 3, 2026
