PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR PARTICIPATE IN OUR SERVICES. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE OR PARTICIPATE IN OUR SERVICES.
1. Ownership, License & Restrictions on Use
All Electo Services contain proprietary material owned by Electo which is protected by copyright and other laws respecting proprietary rights. Our Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Solely to enable your use of the Electo Services, to communicate with Us, or to interact with our website Electo hereby grants you a non-exclusive, limited, revocable, non-sublicensable, non-transferable license to access and use the Services (as changed, modified, or upgraded by Electo from time to time in its sole discretion) in accordance with these Terms. Electo retains all rights in the Services and the materials therein. You may not use Our Services or any materials therein except as expressly permitted under these Terms. You may not decompile or reverse engineer any part of the Services. You may not otherwise download, republish, retransmit or reproduce any of the materials (including any video or still photographs) without the prior written consent of Electo. You may not distribute copies of materials found on the Services in any form (including by email or other electronic means) without prior written permission from Electo.
Electo may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, software, or content. Electo may also impose limits on certain features and services or restrict access to parts or all of the Services without notice or liability. Any new features or updated content or applications that We make available as a part of the Services will be subject to these Terms. You agree that Electo will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Services, in whole or in part, or of any service, content, or feature offered through the Services.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. In no event shall materials from Our Services be stored in any information storage and retrieval system without prior written permission from Electo. This Site and these Terms may be modified by Electo, in Electo’s sole discretion, with or without notice. Please review this link on a regular basis for changes. Continued use of Our Services following any change constitutes your acceptance of the change.
2. Acceptable Use
You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive experience in connection with Our Services. To promote this goal, We prohibit certain conduct that may be harmful to Electo or other users. When you use the Services, you agree that you will not:
- Violate these Terms or any Electo rules regarding use of the Services;
- Breach any agreements you enter into with third parties;
- Violate, infringe, or misappropriate Electo’s intellectual property, privacy, publicity, or other legal rights;
- Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- Use the Services for the purpose of furthering terrorism or violence;
- Send unsolicited or unauthorized advertising or commercial communications, such as spam;
- Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- Use the Services to send unauthorized or unwanted communications to any other person (i.e. “spamming”);
- Stalk, harass, or harm another individual;
- Attempt to circumvent any technological measure implemented by Electo or any of Electo’s providers or any other third party (including another user) to protect the Services;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
- Advocate, encourage, or assist any third party in doing any of the foregoing.
3. Limited Liability
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR OUR SERVICES AND UNDERSTAND AND ACKNOWLEDGE THAT ANY LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING OUR SERVICES ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF ELECTO. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT THE SERVICES WILL NOT BE UNINTERRUPTED OR ERROR FREE AND THAT ELECTO MAY NOT CORRECT ALL ERRORS.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE ELECTO SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR THE SERVICES AND UNDERSTAND AND ACKNOWLEDGE THAT ANY LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING THE SERVICES ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF ELECTO. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ELECTO SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT THE SERVICES WILL NOT BE UNINTERRUPTED OR ERROR FREE AND THAT ELECTO MAY NOT CORRECT ALL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELECTO DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE ELECTO SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ELECTO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ELECTO SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ELECTO OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE ELECTO SERVICES, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE ELECTO SERVICES OR IN ANY OTHER PRODUCT OFFERED BY ELECTO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELECTO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, OR TRUSTEES BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING, WITHOUT ANY LIMITATION, ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES ARE CHARACTERIZED AS DIRECT DAMAGES OR AS INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EVEN IF ELECTO IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND ELECTO HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND ELECTO WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY THE NEGLIGENCE OF ELECTO, THE IMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY THE FRAUDULENT MISREPRESENTATION OF ELECTO, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL ELECTO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF THE AMOUNT PAID TO ELECTO (OR A THIRD PARTY PROVIDER) FOR THE ELECTO SERVICES OR FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The foregoing states the entire obligation of Electo and your exclusive remedy arising out of your use of the Electo Services.
5. Indemnity and Release
YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICES, FOR THE INFORMATION PROVIDED IN YOUR USER ACCOUNT, AND FOR ALL USER CONTENT PROVIDED USING YOUR ACCOUNT. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ELECTO AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, TRUSTEES, CONTRACTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT ELECTO MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM, OR OTHERWISE, IN RELATION TO YOUR USE OF THE SERVICES, THE USER CONTENT YOU CONTRIBUTE OR LINK TO, YOUR ACCESS TO THE SERVICES, THE INFORMATION CONTAINED IN YOUR USER ACCOUNT, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY. ELECTO SHALL HAVE THE RIGHT TO CONTROL AND DIRECT THE DEFENSE OF ANY THIRD PARTY CLAIM OR ACTION PURSUANT TO THIS SECTION, INCLUDING THE RIGHT TO SETTLE THE CLAIM, AND YOU AGREE TO PROVIDE YOUR FULL AND COMPLETE ASSISTANCE AND COOPERATION TO ELECTO.
6. Third-Party Websites
The Services may provide, or third parties may provide, links to other websites or resources. Because We have no control over such sites and resources, you acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods or services available on or through any such site or resource.
All content, product names, trademarks, service marks and logos on the Services, unless otherwise noted, are wholly owned or validly licensed by the Electo or its licensors. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
9. Entire Agreement; Severability
These Terms incorporate by reference any notices contained on Our Services and constitute the entire agreement with respect to the subject matter hereof. If any provision of these Terms is deemed unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
10. Digital Millennium Copyright Act Policy
Electo does not knowingly permit the posting, storage, or transmission of copyrighted materials using its website or online services. Electo will respond to all claims of violations of copyright pursuant to the Digital Millennium Copyright Act. To report a violation, please contact Electo at the contact address provided below.
These Terms shall not be assignable by you, either in whole or in part. Electo reserves the right to assign its rights and obligations under these Terms.
12. Disputes, Forum, and Governing Law
This Agreement is governed by and construed in accordance with the internal laws of Washington, D.C. without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of Washington, D.C. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Southern District of New York and the parties irrevocably consent to the personal jurisdiction and venue therein. Service of process, summons, notice, or other document by mail to such Party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.