Legal Site Usage Statement – www.elutions.com
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING, BROWSING OR OTHERWISE USING THIS SITE YOU AGREE WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY ITS LEGAL SITE USAGE STATMENT AND PRIVACY STATEMENT AND ALL DISCLAIMERS AND TERMS AND CONDITIONS THAT APPEAR ELSEWHERE ON THIS SITE. References to ELUTIONS herein refer to Elutions, Inc., its parent company, affiliates, subsidiaries, or designees and each of their respective officers, directors, employees, and agents as deemed appropriate by Elutions, Inc.
ELUTIONS reserves the right, at its discretion, to change this site and its Legal Site Usage Statement and Privacy Statement at any time. Each time you use this site, you should visit and review the then current Legal Site Usage Statement and Privacy Statement that apply to your transactions and use of this site. If you are dissatisfied with this site, its content or its Legal Site Usage Statement and Privacy Statement, you agree that your sole and exclusive remedy is to discontinue using this site.
a. PROPRIETARY RIGHTS. All information, documents, products, software, services and other materials (the "Materials") provided on this site are the property and copyrighted work of ELUTIONS or a third party developer, author, manufacturer or vendor (the "Third Party Provider") and are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as stated in these legal terms, none of the Materials may be copied, downloaded, reproduced, modified, distributed, republished, displayed, posted or transmitted in any form or by any means, in whole or in part, including but not limited to electronic, mechanical, photocopying or recording, without the prior express written permission of ELUTIONS or the Third Party Provider. No part of this site, including but not limited to any logo, graphic, sound or image, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of ELUTIONS. You also may not, without ELUTIONS' prior express written permission, "mirror" any Material on any other server or “frame” any Material within another site. Except as stated in these legal terms, nothing on this site shall be construed as conferring, by estoppel, implication or otherwise, any license to any intellectual property rights of ELUTIONS or any Third Party Provider. You are responsible for obtaining any such license.
If no specific restrictions are displayed, you may display, copy, distribute and download Materials provided that: (1) both the copyright notice identified below and this permission notice appear in such Materials, and (2) the use of such Materials is solely for internal and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any such Materials are made. If you breach any of these provisions, this permission terminates automatically without notice, and you must immediately destroy any Materials in your possession or control. Any unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
b. LINKS TO OTHER MATERIALS. This site may provide links to third party sites. The linked third party sites (including any links provided by the third party sites) are not under the control of ELUTIONS, and ELUTIONS is not responsible for their content. ELUTIONS does not endorse any third party product or any non-ELUTIONS company to which this site provides a link. If you decide to access any such third party site, you do so at your own risk. ELUTIONS reserves the right to terminate any link or linking program at any time.
ELUTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE SUBSTANCE, COMPLETENESS, USEFULNESS, QUALITY, FUNCTIONALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER REPRESENTATION ABOUT ANY THIRD-PARTY SITE OR ITS CONTENT. ELUTIONS MAKES NO REPRESENTATION OR WARRANTY AS TO ANY PRODUCTS OR SERVICES OFFERED ON ANY THIRD-PARTY SITE.
The conditions of use and privacy policy of any third party site may differ substantially from the Legal Site Usage Statement and Privacy Statement that apply to your use of the ELUTIONS site. Please review the conditions of use for all third party sites for more information about the terms and conditions that apply to your use.
c. DISCLAIMER. BY USING THE SITE, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NEITHER ELUTIONS, ITS THIRD PARTY PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MANUFACTURERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER ELUTIONS NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. ALL INFORMATION ON THIS SITE REGARDING PRODUCTS AND SERVICES PROVIDED BY ELUTIONS AND ITS ASSOCIATES IS SUBJECT TO CHANGE WITHOUT NOTICE. REASONABLE EFFORTS ARE TAKEN TO ENSURE THE ACCURACY AND INTEGRITY OF ALL INFORMATION PROVIDED ON THE SITE, BUT ELUTIONS IS NOT RESPONSIBLE FOR MISPRINTS, OUT-OF-DATE INFORMATION, OR ERRORS. ELUTIONS MAKES NO WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THIS WEBSITE. FURTHER, ELUTIONS MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES.
ELUTIONS AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MECHANTIBILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THIS SITE. ADDITIONALLY, ELUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ELUTIONS OR ITS ASSOCIATES SHALL CREATE A WARRANTY. TO THE EXTENT THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
d. USE AND ACCESS RESTRICTIONS. This site is owned and operated in the United States by ELUTIONS. If you choose to access this site from another country, you do so on your own initiative and are responsible for compliance with local laws. Software from this site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported in violation of any United States export controls or other applicable laws. By downloading or using any Software, you represent and warrant that you are doing so in compliance with United States export controls and other applicable laws.
e. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ELUTIONS OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ELUTIONS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. TO THE EXTENT THAT 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.
f. ERRORS ON THE SITE. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and ELUTIONS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
g. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the ELUTIONS, its affiliates and any of their respective officers, directors, agents or employees, from and against any liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), brought by any third party alleging, arising, related, or resulting from your use (or use by any third party using your account) of this site in violation or breach of the Legal Site Usage Statement.
h. TERMINATION OF USE. ELUTIONS may, in its sole discretion, terminate your account or your use of this site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. ELUTIONS reserves the right to change, suspend, or discontinue all or any aspects of this site at any time without prior notice.
i. TRADEMARKS AND OWNERSHIP. The ELUTIONS logos and other trademarks on this site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by ELUTIONS and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
j. SUBMISSIONS BY SITE USERS. By using the ELUTIONS web site, you agree that any information (except for purchase information), materials, suggestions, ideas or comments (“Submissions”) you send to ELUTIONS or any other third party using the ELUTIONS site is non-confidential, regardless of how Submissions may be marked. Neither ELUTIONS or its Associates, or any of their respective officers, directors, agents or employees shall be liable for any use or disclosure of any Submissions. By submitting any solicited or unsolicited information using the ELUTIONS site, you grant ELUTIONS an irrevocable, unrestricted and royalty free license to use, modify, reproduce, transmit, sublicense, display, distribute, create derivative works from and otherwise exploit such Submissions for any purpose and in any manner whatsoever to the extent permitted by law. You also warrant that you own or otherwise control all of the rights to any Submissions you submit or post on or to this site or otherwise transmit to ELUTIONS and that any public posting or private use of the Submissions will not infringe on the rights of any third party. You acknowledge that you are not entitled now, or in the future to any compensation for any Submissions and waive the benefits of any provisions of the law that may grant such rights. You and your successors and assigns hereby waive any and all right s and remedies you may have against ELUTIONS or its Associates, or any of their respective officers, directors, employees, or agents now or in the future, and hereby release ELUTIONS, its Associates, and any of their respective officers, directors, agents, and employees for any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, (collectively “Claims”) relating to providing, posting, transmitting or making available through this site Submissions to ELUTIONS or ELUTIONS receiving, evaluating, and utilizing the Submissions. You further agree to indemnify, defend, protect and hold harmless ELUTIONS, its Associates, and any of their respective officers, directors, agents and employees from and against any and all Claims, including without limitation, Claims that any Submissions misappropriate or infringe upon the rights of any third party, and reasonable attorneys’ fees and expenses, which result or arise from, or are based on, the receipt, evaluation or use of Submissions by ELUTIONS, its Associates or its third party licensees.
k. INTERNET PURCHASING. Please review the Store Policies for information regarding the policies governing purchases made on the internet.
l. PRIVACY. Please review the Privacy Statement for information on the privacy practices of the ELUTIONS site.
m. SECURITY. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.
The ELUTIONS site may only be used for lawful purposes. Activities including, but not limited to, tampering with this site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on this site are prohibited.
Users are prohibited from violating or attempting to violate the security of the ELUTIONS site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using this site for unintended purposes or trying to change the behavior of this site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to this site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of this site (impersonating the ELUTIONS site) or to this site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of ELUTIONS, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the ELUTIONS site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the ELUTIONS site other than the search engine and search agents provided by ELUTIONS or generally publicly available browsers.
n. APPLICABLE LAW. This site is controlled by ELUTIONS from its offices within the United States of America. You agree to use the information and content on this site in compliance with all applicable United States State and Federal laws, rules and regulations. ELUTIONS makes no representation that this site or the content is appropriate or available for use in other locations, and access to them from the territories where the content is illegal is prohibited. Those who choose to access this from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Legal Site Usage Statement and any claim related to this site, the products, or services provided through this site or the content shall be governed by and interpreted under the internal substantive laws of the State of Florida without regard to conflict of law principals. The exclusive venue and jurisdiction for all claims and disputes arising under the Legal Usage Statement or in connection with this site shall be in the appropriate state or federal courts located in Hillsborough County in the State of Florida and you hereby submit to the exclusive jurisdiction of these courts.
