Summary (because no one wants to read all this):
Okay, now for the real deal:
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Elementium™ ("Company", "we", "us", "our"), concerning your access to and use of the software application as well as any other media form, media channel, website or related, linked, or otherwise connected thereto (collectively, the “Software”). You agree that by accessing the Software, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SOFTWARE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The information provided on the Software is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Software from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Software is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Software. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Software.
Unless otherwise indicated, Software is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on and related to Software (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Software “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Software and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use Software, you are granted a limited license to access and use Software and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Software, the Content and the Marks.
By using the Software, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Software; (4) you will not access the Software through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Software for any illegal or unauthorized purpose; and (6) your use of the Software will not violate any applicable law or regulation.
You and the Software agree that we may access, store, process, and use any information and aggregated data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Software, you agree that we can use and share such feedback for any purpose without compensation to you.
Disclaimer the software is provided on an as-is and as-available Basis. You agree that your use of the software and our services will Be at your sole risk. To the fullest extent permitted by law, we Disclaim all warranties, express or implied, in connection with the Software and your use thereof, including, without limitation, the Implied warranties of merchantability, fitness for a particular Purpose, and non-infringement. We make no warranties or Representations about the accuracy or completeness of the software's Content or the content of any websites linked to the software and we Will assume no liability or responsibility for any (1) errors, Mistakes, or inaccuracies of content and materials, (2) personal Injury or property damage, of any nature whatsoever, resulting from Your access to and use of the software, (3) any unauthorized access To or use of our secure servers and/or any and all personal Information and/or financial information stored therein, (4) any Interruption or cessation of transmission to or from the software, (5) any bugs, viruses, trojan horses, or the like which may be Transmitted to or through the software by any third party, and/or (6) any errors or omissions in any content and materials or for any Loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Software. We do not warrant, endorse, guarantee, or assume Responsibility for any product or service advertised or offered by Any hyperlinked website, and we will not be a party to or in any way Be responsible for monitoring any transaction between you and any Third-party providers of products or services. As with the purchase Of a product or service through any medium or in any environment, You should use your best judgment and exercise caution where Appropriate.
In no event will we or our directors, employees, or agents be liable To you or any third party for any direct, indirect, consequential, Exemplary, incidental, special, or punitive damages, including lost Profit, lost revenue, loss of data, or other damages arising from Your use of the software, even if we have been advised of the Possibility of such damages. Notwithstanding anything to the Contrary contained herein, our liability to you for any cause Whatsoever and regardless of the form of the action, will at all Times be limited to the lesser of the amount paid, if any, by you to Us during the three (3) month period prior to any cause of action Arising or $9.99 USD. Certain us state laws and international laws Do not allow limitations on implied warranties or the exclusion or Limitation of certain damages. If these laws apply to you, some or All of the above disclaimers or limitations may not apply to you, And you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Software; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Use and any policies or operating rules posted by us on the Software or in respect to the Software constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Software. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.