Terms of Service
The following describes the terms and conditions that govern access to and use of the website WWW.ELLUMINATES.COM (including any subpages) offered by Elluminates Software.
These terms and conditions constitute a contract ("Contract") between you and Elluminates Software, and sets out the entire agreement between you and Elluminates Software for the use of the Website. These terms may be updated or modified by Elluminates Software from time to time. Regularly check this Contract to stay up to date. In addition, when using the Website, you shall be subject to any posted guidelines or rules, which may be posted from time to time. All such guidelines or rules are incorporated by reference into this Contract.
PLEASE READ THIS CONTRACT CAREFULLY BEFORE BROWSING THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN ADDITION TO APPLICABLE LAWS AND REGULATIONS. ELLUMINATES SOFTWARE MAY MODIFY THIS CONTRACT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU AGREE TO REVIEW THE CONTRACT UPON EVERY VISIT TO THE WEB SITE TO BE AWARE OF SUCH MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE WEB SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE CONTRACT AS MODIFIED.
THE WEB SITE IS INTENDED FOR USE ONLY BY PERSONS EIGHTEEN (18) YEARS OF AGE OR OLDER WHO HAVE THE CAPACITY TO ENTER INTO A VALID CONTRACT. BY ACCESSING THE WEB SITE AND USING THE WEB SITE, YOU REPRESENT AND AFFIRM THAT YOU MEET THESE REQUIREMENTS.
1.1 "Elluminates Software" means Elluminates Software Corporation, located at the address posted on the Company web page.
1.2 "Content" means the information, opinions, data, graphics, software, text, and other material appearing on or available in the Website.
1.6 "Terms" means these terms and conditions.
PROVISION OF WEB SITE
2.1 Elluminates Software shall provide the Website to you in accordance with the Contract.
2.2 In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You are responsible for the provision of and payment for telecommunications services plus a suitable PC and any other items of hardware or communications equipment necessary to enable you to access the Website. Elluminates Software cannot accept responsibility for any delay or inability to access or use the Website due to any faults in these items or services.
2.3 Elluminates Software cannot guarantee that the Website will never be faulty, but Elluminates Software will correct reported faults as soon as reasonably practicable. The Content may contain errors, omissions, or typographical errors or may be out of date. Elluminates Software may change, delete or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Elluminates Software in any way except to the extent it is specifically indicated to be so.
2.4 Elluminates Software may temporarily suspend access to the whole or any part of the Website for any reason at its sole discretion. Elluminates Software may, but shall not be obliged to, give you as much notice as is reasonably practicable when it suspends access. Elluminates Software will restore access to the Website as soon as reasonably practicable after temporary suspension. In accordance with Article 5 below Elluminates Software shall not be liable to you for any loss, whatsoever or howsoever incurred, which you may incur as a result of such suspension or delay. Elluminates Software may vary the technical specification of the Website from time to time.
USE OF THE WEB SITE; USER CONDUCT
3.1 The Website contains Content that may be protected by copyright, trademark, trade secret, and any other intellectual property and related rights. You shall use the Website and the Content for your own personal or internal business purposes only ("Approved Use") and you shall comply with all other instructions regarding use of the Website and the Content. You shall not copy, store, modify, transmit, distribute, broadcast or publish any part of the Content other than when such action is reasonably necessary for Approved Use in accordance with these Terms. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3.2 You agree to access and use the Website for lawful purposes only, and in a manner that does not deny, infringe, restrict or inhibit access to or use of the Website by any other persons.
3.4 You shall not post on or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. In addition, you shall not post on or transmit through the Website material, which, without Elluminates Software’s express prior approval, contains advertising or any solicitation with respect to products or services. You shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users of other on-line information services competitive with the Website.
3.5 You shall not upload, post or otherwise make available on the Website any material without the prior written consent of Elluminates Software.
3.7 Elluminates Software reserves the right to audit the information that you use or gain from the Website. You agree that permission to allow Elluminates Software to perform such an audit will not be unreasonably withheld.
3.8 You shall be liable to Elluminates Software for any and all damages, claims, losses or expenses incurred by Elluminates Software, including incidental and consequential damages, as a result of your violation of these Terms. In such event you shall be liable to Elluminates Software for any type of loss of revenue, including but not limited to, loss of business revenue, profits, loss of opportunity, anticipated savings or wasted expenditure, corruption or destruction of data or other indirect or consequential loss whatever. You shall be responsible for all related costs, including, but not limited to, legal fees and expenses, incurred by Elluminates Software in enforcing its legal or equitable rights under these Terms, executing or enforcing any equitable remedy against you, and/or collecting any monetary judgement against you.
WARRANTIES AND DISCLAIMERS
4.1 ELLUMINATES SOFTWARE WILL USE REASONABLE SKILL AND CARE IN THE CREATION AND SUPPLY OF THE WEB SITE AND THE CONTENT. OTHERWISE, THE WEB SITE AND CONTENT PROVIDED BY ELLUMINATES SOFTWARE IS PROVIDED "AS IS." ELLUMINATES SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE AND TRADE.
4.2 Except as expressly specified in this Contract, all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
LIMITATION OF LIABILITY
5.1 ELLUMINATES SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY TYPE OF LOSS OF REVENUE, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS REVENUE, PROFITS, LOSS OF OPPORTUNITY, ANTICIPATED SAVINGS OR WASTED EXPENDITURE, CORRUPTION OR DESTRUCTION OF DATA OR FOR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS WHATEVER ARISING FROM ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEB SITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE CONTENT AVAILABLE ON, OR PROVIDED BY, THE WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE) OR OTHERWISE FOR THE SUITABILITY, ACCURACY OR FITNESS FOR ANY PURPOSE OF THE WEB SITE AND ANY CONTENT.
This Contract may be terminated by either you or Elluminates Software at any time. In addition to any other rights Elluminates Software may have, Elluminates Software has the right to suspend, terminate or deny access to the Website by you immediately and without notice if: (a) you breach any provision of the Agreement; or (b) Elluminates Software ceases or intends to cease to operate the Website.
You agree to indemnify Elluminates Software and its directors, officers, employees and agents from and against any and all claims, losses or expenses, including but not limited to pre-litigation costs and expenses, which are brought or threatened against Elluminates Software by another person arising out of your access or use of the Website.
8.1 Elluminates Software provides this privacy statement to demonstrate its commitment to privacy. The following sections disclose the information gathering and dissemination practices of Elluminates Software for the Website.
9.1 Elluminates Software may modify the Contract or any Website address used for the Website at any time, such modifications becoming effective immediately upon either posting of the modified Contract on the Website or notification to you. By continuing to use the Website following any such modification you will be deemed to accept such modification.
9.2 Elluminates Software shall have no liability if Elluminates Software cannot perform its obligations in whole or in part under this Contract because of circumstances beyond its reasonable control, such as, but not limited to, technical failure, severe weather, fire or explosion, civil disorder, war (whether or not declared), or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind.
9.3 Notices given under the Contract may be given by Elluminates Software to you online through the Website.
9.4 This Contract shall be governed by the laws of the Commonwealth of Virginia, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Fairfax County, Virginia shall have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms, the Website, or the Content.
9.5 Elluminates Software assumes no responsibility or legal liability for any action taken, or not taken, by you or any other visitor to the Website. You recognize that Elluminates Software, as the publisher, shall bear no such responsibility or legal liability and agree that the information made available on elluminates.com may not be accurate, should not be assumed to be accurate, and is not guaranteed in any way.
9.6 If any part of this Contract is found to be unenforceable, the remainder shall continue in full force and effect. This Contract represents the entire agreement governing your access and use of the Website.