Terms of use

Eltechs ExaGear Terms of use

Last Updated: March 14, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY ELTECHS, INC. (“ELTECHS”, “WE”, “US”, “OUR”). BY VISITING THE WEBSITE OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH SUPPLEMENTAL TERMS NOTIFIED TO YOU FROM TIME TO TIME THAT APPLY TO SPECIFIC SERVICES SELECTED BY YOU (TOGETHER THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE AND SERVICES. USE OF ELTECHS’ SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

DEFINITIONS. These are the main definitions to be used within this “Terms of Use”. When we say “Services”, we mean our website located at eltechs.com (the “Site”), our mobile device applications (the “Apps”), and our ExaGear Desktop suite of software services available for use via the Apps or via installation on any types computers (collectively, the “Services”). This Terms of Use applies to only those websites and services and applications included within the Services and does not apply to any third-party websites, services or applications, even if they are accessible through our Services.

CONTRACTING PARTY. Eltechs, and its successors and assigns is the sole contracting party liable for any obligations to you under this Agreement. By continuing visiting the Website, using the Services, and/or making payments for the use of the Website and/or the Services, you agree that the only party liable to you under this Agreement is Eltechs, its successors and assigns.

ACCESS TO THE SERVICES. The Services, together with the eltechs.com website and domain name and any other linked pages, features, content, or application services offered from time to time by Eltechs, are owned and operated by Eltechs. Eltechs may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Eltechs Content (as defined below). Eltechs may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Eltechs reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You represent and warrant to Eltechs that: (i) you are of legal age to form a binding contract, and you are at least 13 years of age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

ELTECHS CONTENT. The Website and the Services and their contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website or in the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Eltechs Content,”) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Eltechs Content accessed through the Services or the Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Eltechs Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may download or copy the Eltechs Content (and other items displayed on the Website for download) for personal non-commercial use only (unless provided for otherwise in supplemental terms), provided that you maintain all copyright and other notices contained in such Eltechs Content. You shall not store any significant portion of any Eltechs Content in any form. Copying or storing of any Eltechs Content other than personal, noncommercial use is expressly prohibited without prior written permission from Eltechs or from the copyright holder identified in such Eltechs Content’s copyright notice. If you link to the Website, Eltechs may revoke your right to so link at any time, at Eltechs’s sole discretion.

YOUR CONTENT. In the course of using the Services, you may provide information which may be used by Eltechs in connection with the Services. You understand that by providing content, materials or information (including without limitation information relating to your end-user customers) to Eltechs or in connection with the Services (collectively, “Your Content”), Eltechs hereby is and shall be granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Content (including all related intellectual property rights) in connection with Eltechs ‘s provision of the Services. For clarity, the foregoing license grant to Eltechs does not affect your ownership of or right to grant additional licenses to the material in Your Content.
You also acknowledge and agree that Eltechs may use Your Content internally for improving the Services and on an anonymized and aggregate basis for the purposes of marketing and improving the Services. However, Eltechs will only share your personally identifiable information in accordance with Eltechs’s Privacy Policy in effect from time to time and located at https://eltechs.com/privacy-policy/, and Eltechs will never contact your end-user customers directly except as expressly authorized by you in connection with Eltechs’s provision of the Services.

WARRANTY DISCLAIMER. You acknowledge that Eltechs has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Eltechs from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or applications containing information that some people may find offensive or inappropriate. Eltechs makes no representations concerning any content contained in or accessed through the Services, and Eltechs will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Eltechs makes no representations or warranties regarding suggestions or recommendations of the Services. THE SERVICES CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ELTECHS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

PRIVACY POLICY. For information regarding Eltechs‘s treatment of personally identifiable information, please review Eltechs’s current Privacy Policy at https://eltechs.com/privacy-policy/, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Eltechs’s Privacy Policy.

REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you may be required to register with Eltechs and set a password and user name (“User ID”). You shall provide Eltechs with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Eltechs reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

INDEMNITY. You will indemnify and hold Eltechs, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement or applicable laws, rules or regulations in connection with your use of the Services, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. IN NO EVENT SHALL ELTECHS OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES DURING THE 6-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ; OR (IV) FOR ANY MATTER BEYOND ELTECHS’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
FEES AND PAYMENT. Eltechs reserves the right to require payment of fees for certain or all the Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Eltechs reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.

THIRD PARTY WEBSITES. The Services may contain links to third party websites or products (“Third Party Websites”) that are not owned or controlled by Eltechs. When you access Third Party Websites, you do so at your own risk.

TERMINATION. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Eltechs may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Eltechs may also terminate or suspend any and all the Servicesand access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Eltechs’s prior written consent. Eltechs may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Eltechs in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

CONTACT. If you have any questions, complaints, or claims with respect to the Services, you may contact us at info@eltechs.com.