Ellison Technologies, Inc. Website Terms of Use
Last Updated January 1, 2020
BY USING THIS WEBSITE YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS, DO NOT USE THIS WEBSITE.
About Our site
This website, www.ellisontechnologies.com, is owned and operated by Ellison Technologies, Inc.
Your use of the site is subject to the legal notices contained herein. These Terms of Use may be modified only by our posting of changes to them. Any inquiries concerning these Terms of Use should be directed to us by contacting us through the “Contact Us” link on the site. If you object to the legal notices or become dissatisfied with the site in any way, your only recourse is to discontinue your use of the site.
We may, in our discretion and at any time, discontinue providing the site or any part thereof, with or without notice.
Intellectual Property and Proprietary Rights
Unless otherwise noted, all material appearing on the site, including images, text, design, logos, graphics, software and the selection, assembly, arrangement and display of these elements, is our intellectual property.
Unless otherwise noted, all trademarks, service marks, and trade names (i.e., our logos, and the design descriptions used on the site and other marks) are trademarks or registered trademarks of us or our affiliates.
You must follow and observe all copyright and other notices or other restrictions contained in any parts of the site. You agree not to change or delete any trademark, legend, copyright or other ownership notice from any materials on this site or copied, downloaded or printed from this site. Any unauthorized use of this site may violate copyright, trademark or other applicable intellectual property laws.
You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another website, use on any other web site, transfer or sell any information, products or services provided through or obtained from the site. You agree that you will not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the site.
You agree that you will not frame (whether visible or invisibly framed) any page within the site or pages linked to or framed within the site. You agree that you will not juxtapose the “Ellison Technologies” name and/or marks and any link to a www.ellisontechnologies.com web page with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between us, on the one hand, and you or any other person or entity, on the other hand.
We retain all rights, title and interest in the site and all underlying technology and data including any enhancements and improvements thereto. You will not and will not allow others to attempt to access any proprietary or confidential information contained in the site, including but not limited to reverse engineering, decompiling, disassembling, merging, copying, using, disclosing, selling or transferring the underlying source code or structure or sequence of any of our technology or deleting or altering author attributes or copyright notices.
Copyright Infringement Complaints
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that site materials infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the site, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.
We suggest that you consult your legal advisor before filing a DMCA notice. There can be penalties for false claims under the DMCA.
Providing Information
When using the site, if you choose to provide information to us you agree to provide true, accurate and complete information.
Email Communications
We utilize email as a vital and primary communication channel with you. By using the site and providing your email address to us, you grant us permission to communicate with you by email (as well as other communication channel such as phone and fax, that you may provide) for any purposes related to your use of the site, including, but not limited to, system messages, service announcements and other marketing purposes. We will use our best efforts to honor your request to opt out of marketing messages, but under no circumstances will we have any liability for sending any email to any user of the site. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Links
These Terms of Use apply only to the site, and not to the sites of any other companies or organizations, including those to which the site may link. We are not responsible for the availability of any other site to which the site links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator.
Correction of Errors and Inaccuracies
The information and product listings on the site may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to, but are not required to, correct any errors, inaccuracies or omissions and to change or update information at any time. In the event that a product of ours is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price.
Disclaimers
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE PERFORMANCE OF ANY OF OUR PRODUCTS OR THE CONDUCT OF OTHER USERS OF THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, OUR LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless us and our representatives, officers, directors, employees, agents, licensors and suppliers from and against all liabilities, losses, claims, damages, costs, and expenses, including attorneys fees, that arise from or relate in any way to your use of the site, transmission of all communications on the site or from your violation of applicable law.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy for more information on the collection and use of information on this site.
Governing Law
Your use of the site, and these legal disclosures, will be governed by and construed in accordance with the laws of the State of Illinois, excluding all conflicts of laws rules. Except as provided below under the heading Injunctive Relief, any action relating to or arising out of your use of the site will be filed only in courts located within the State of Illinois, and you consent to the jurisdiction of such courts.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises.
Injunctive Relief
In the event that you breach any of the requirements or conditions of your use of the site, you acknowledge and agree that we will be greatly and irreparably damaged, and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
Miscellaneous
If any provision of these Terms of Use is held to be unenforceable, this holding will not affect the validity of the other provisions.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by us without notice at any time, for any reason. The Terms of Use relating to Intellectual Property and Proprietary Rights, Disclaimers, Limitation of Liability, Indemnity, Governing Law, Injunctive Relief and Miscellaneous shall survive any termination.
These Terms of Use are for the benefit of Ellison Technologies, Inc., our affiliates and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Our failure to insist upon or enforce strict performance of any of these legal disclosures shall not be considered a waiver of any provision or right.
We reserve the right in our sole discretion to terminate or restrict your use of all or any part of the site, without notice, for any or no reason, and without liability to you or anyone else.