ELAMANT INTERNATIONAL, LLC (“ELAMANT”)

 

 

TERMS OF USE

 

Last updated: May 16th, 2020

ACCEPTANCE OF TERMS

BY SELECTING “I AGREE” BELOW AND ACCESSING THE ELAMANT PLATFORM, YOU AGREE TO THE ELAMANT (“ELAMANT”) TERMS OF USE, THE ELAMANT PRIVACY POLICY, AND THE ELAMANT MEMBER POLICIES & PROCEDURES.

The services that Elamant and its affiliates provide to you through its websites https://Elamant.comhttps://Elamant.biz, or https://MyElamant.com, any mobile application(s), and related services (collectively, the “Elamant Platform”) are subject to the following Terms of Use. Elamant reserves the right to update these Terms of Use at any time without prior notice to you. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages located at https://Elamant.com.

Elamant shall have the right at any time to change or discontinue any aspect or feature of the Elamant Platform, including, but not limited to, content, access, or use. You should regularly review these Terms of Use, our Privacy Policy, and our Member Policies & Procedures for updates.

SCOPE OF USE

These Terms of Use cover all use of the Elamant Platform, regardless of how the Elamant Platform is accessed, and regardless of which device is used for access.

CONSENT TO ELECTRONIC SIGNATURE

Elamant may, from time to time, ask you to accept this agreement, along with other online agreements and disclosures. By providing your acceptance, you will be providing your electronic signature that will affirm:

  • You understand and intend that these Terms of Use comprise a legally binding agreement and are equivalent to a signed, written contract; and

You will use the Elamant Platform in a manner consistent with applicable laws and regulations, and in accordance with the terms and conditions of these Terms of Use and any other applicable rules, guidelines or other conditions that govern the use of a particular service or site.

  • If you agree to all the terms in this document, please click “I agree” to complete the registration process. If you do not agree with the terms and conditions in these Terms of Use, please exit the registration process.

NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES

Because we will need to contact you from time to time to provide documents, notifications, and the like, you agree to keep your contact information up to date, and you consent to receive all communications from us using such contact information. Your contact information can be updated by logging into your account. You agree to waive all claims resulting from failure to receive communications because of changes in your contact information.

You hereby consent to receive communication from Elamant by email. You can opt-out of such communications by sending us an email to optout@elamant.com, or by following the instructions in any email we send you.

LICENSE GRANT FROM ELAMANT

Elamant hereby grants you a single, non-exclusive, non-transferable and limited license, personal to you, to access and use the Elamant Platform for the purposes of accessing the services, tools, and other offerings provided by Elamant. This license grant is conditioned on your acceptance and adherence to these Terms of Use. Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from Elamant is prohibited. In addition, the use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

In connection with the license grant, you agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the Elamant Platform. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Elamant shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

You acknowledge and agree that all content and services available on the Elamant Platform are the property of Elamant and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. All rights not expressly granted herein are fully reserved by Elamant, its advertisers, and licensors.

LICENSE GRANT TO ELAMANT

Unless otherwise agreed upon by you and Elamant, any communications or material of any kind that you e-mail, post, or otherwise transmit through the Elamant Platform, including data, questions, comments, or suggestions (your “Communications”) shall be the exclusive property of Elamant, and you agree to assign any rights you have regarding these Communications under any and all copyright, trademark, trade secret, patent, or other intellectual property law, statute, or rule. To the extent that you retain any right or interest in any Communications whatsoever, you hereby grant to Elamant an exclusive, irrevocable, worldwide license to use, reproduce, adapt, disclose, transmit, publish, broadcast, or post your Communications either on the Elamant website or elsewhere with no liability or obligation to you.

USE OF THE ELAMANT PLATFORM

You agree to use the Elamant Platform for lawful purposes only, and solely in a manner consistent with the intent of Elamant as described in these Terms of Use.

You agree that you will not: (i) use any electronic communication feature of the Elamant Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful; (ii) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) use the Elamant Platform for any commercial purpose not expressly approved by Elamant in writing; (iv) use the Elamant Platform in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

You agree you will not upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same, use any material or information, including images or photographs, which are made available through the Elamant Platform in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or damage the property of another, advertise or offer to sell or buy any goods or services for any business purpose, falsify or delete any copyright management information such as author attributions, watermarks, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, violate any code of conduct or other guidelines that may be applicable, harvest or otherwise collect information about others, including email addresses, violate any applicable laws or regulations, or create a false identity for the purpose of misleading others. You understand that any violation of these Terms of Use, including providing false or misleading information can lead to your removal from the Elamant Platform, and Elamant maintains sole discretion over whether to remove you for such violation.

You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. The foregoing provisions of this section are for the benefit of Elamant, its subsidiaries, affiliates, and agents (which term includes but is not limited to Elamant’s third-party service and content providers) and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Elamant reserves the right to terminate your access to the Elamant Platform at any time, without notice, for any reason whatsoever, and you agree that Elamant will not be liable to you or to any third party for any termination, suspension, or modification to your account.

Elamant reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request; or to edit, refuse to post or to remove any information or materials, in whole or in part and for any reason whatsoever, in its sole discretion. Materials uploaded to the Elamant Platform may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Always use caution when giving out any personally identifiable information in any service. Elamant does not control or endorse the third-party content, messages, or information found in the Elamant Platform. Elamant disclaims any liability with regard to the Elamant Platform, and any actions resulting from your participation in the Elamant Platform. Community managers, Elamant Members, Elamant Consultants, and individuals selling Elamant Passes are not authorized Elamant spokespersons, and their views do not necessarily reflect those of Elamant.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Electronic (including wired and wireless) communications through the Elamant Platform may not be encrypted. You understand and acknowledge the risk that data, including e-mail, and other communications, along with personal data, may be accessed by unauthorized third parties when communicated in this way.

You agree to complete the registration process by providing Elamant with current, complete, and accurate information as prompted by the applicable registration form. You agree to provide the true and correct information in response to all portions of the registration form, shopper’s profile, and any other personal information requested by Elamant.

You will also choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Elamant immediately by sending an email to support@elamant.com or compliance@elamant.com of any unauthorized use of your account or any other breach of security. YOU WILL NOT HOLD ELAMANT LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY MISUSE OF YOUR LOGIN INFORMATION, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. You acknowledge that you may be held liable for losses incurred by Elamant or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

By agreeing to these Terms, you warrant that you are at least 18 years old. If you are under 18 years old, you may neither open an account with Elamant nor use the services provided by Elamant. If Elamant is notified of the existence of an account for a person under 18 years old, Elamant will, in its sole discretion, close that account.

ELAMANT MEMBERSHIPS

Elamant offers certain exclusive services and opportunities to users who pay a regular subscription fee (“Active Members”). You may become an Active Member either by paying Elamant directly through one of the available payment methods or by obtaining and redeeming an Elamant Pass. Current details regarding current Active Membership fees and payment periods can be found at https://MyElamant.com/plan. More information regarding Elamant Passes, including important restrictions and limitations regarding redemptions, social media, basic and premium travel, consultant earnings, and other membership restrictions or limitations, can be found in the Elamant Member Policies & Procedures. You should carefully review these additional terms before purchasing or using an Elamant Pass. If you choose to redeem, purchase, transfer, or otherwise use an Elamant Pass, you agree to abide by the requirements and guidelines in the Elamant Member Policies & Procedures, as well as any other rules put in place by Elamant regarding Elamant Passes.

 

DATA REWARDS PROGRAM

Elamant provides its users with the ability to earn shopping rewards in the form of Data Points for commercial Point-of-Sale (“POS”) receipts which are uploaded through the Elamant Platform and accepted as valid by Elamant. Data Points can be redeemed for value in a variety of ways, including but not limited to Elamant Passes. There are important restrictions and limitations on the Data Rewards Program, including restrictions on redemptions and requirements for valid receipt submissions. In order to comply with the know-your-customer (“KYC”) and other legal requirements, you may also be required to submit personal information, such as government identification, tax information, or other documents to verify your identity prior to being eligible for any Data Rewards. You should review the Data Rewards Program section of the Members’ Policies & Procedures carefully before agreeing to these Terms of Use. By using the Data Rewards Program, you agree to the terms and requirements governing the Program as described in the Elamant Member Policies & Procedures.

ELAMANT TRAVEL PORTAL

Elamant provides its users with access to flight, hotel, and car rental bookings discounted offers, and other travel services through the Elamant Travel Portal. The flights and other services offered through the Elamant Travel Portal are provided by third party suppliers, and additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. In particular, if you purchase airfare, please ensure you read the full terms and conditions of carriage issued by the travel supplier, which can be found on the supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Elamant may offer you the opportunity to book a reservation for a combination of two one—way airline tickets instead of a roundtrip ticket. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes you to make changes to the other flight, you will be responsible for any fees incurred for making changes to the unaffected flight.

In some cases, the price of your flight, hotel room rate, or other travel service has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card may be slightly different due to currency fluctuations. Your statement may also include a fee from your card issuer to process the transaction plus any applicable taxes for international purchases.

When booking a hotel, car, or Elamant Travel Package reservation, you acknowledge that Elamant pre-negotiates certain rates with suppliers to facilitate the booking of reservations. You also acknowledge that Elamant provides you services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The rates displayed on the Portal are a combination of the pre-negotiated room rates reserved on your behalf by Elamant and the facilitation fee retained by Elamant for our services. You authorize us to book reservations for the total reservation price, which includes any room, car rental, or other rates provided through the Portal, plus tax recovery charges, service fees, and where applicable, taxes on Elamant’s services. You agree that your credit card or other payment methods will be charged by Elamant for the total reservation price. Upon submitting your reservation request you authorize Elamant to facilitate travel reservations on your behalf, including making payment arrangements with travel suppliers. Sales, use, and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.

Except for Elamant Travel Package reservations, you may cancel or change a reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the supplier with whom you reserved, which varies by the supplier (usually 24 to 72 hours for hotels) prior to your date of arrival, you will be subject to a charge equal to the full rate(s), tax recovery charges and service fees. In the event you do not show for the first night of a hotel reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you incur. In limited cases, some suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the reservation. You agree to abide by any additional terms imposed with respect to your prepaid travel reservations.

Elamant Travel Packages are unique experiences created by Elamant’s travel team, and each involves a number of independent suppliers with varying cancellation policies. Furthermore, the special pricing negotiated by Elamant with each supplier may be dependent on a no-cancellation guarantee or minimum booking requirement. Consequently, Elamant Travel Packages are generally not eligible for cancellation. If you need to cancel an Elamant Travel Package booking due to illness or other unforeseen circumstances, you should contact our customer support team at support@elamant.com.

Some hotels or other travel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such a deposit is unrelated to any payment received by Elamant for your booking.

DISCLAIMER

YOU EXPRESSLY AGREE THAT USE OF THE ELAMANT PLATFORM IS AT YOUR SOLE RISK. NEITHER ELAMANT, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, OR LICENSORS, WILL BE LIABLE FOR ANY USE OR MISUSE OF THE ELAMANT PLATFORM, WHETHER THAT USE IS BY ELAMANT, YOU, OR A THIRD PARTY. NEITHER ELAMANT, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS, WARRANT THAT THE ELAMANT PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ELAMANT PLATFORM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, MATERIALS, OR MERCHANDISE PROVIDED THROUGH THE ELAMANT PLATFORM. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE BOTH (I) IMPLIED BY LAW AND (II) INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER LAWS APPLICABLE TO THESE TERMS OF USE.

YOU FURTHER EXPRESSLY AGREE THAT THIS IS NOT AN INVESTMENT CONTRACT, AND ELAMANT MAKES NO WARRANTY THAT YOU WILL RECEIVE SOME OR ANY PECUNIARY COMPENSATION FROM YOUR USE OF THE PLATFORM, INCLUDING YOUR USE OF THE DATA REWARDS PROGRAM OR PURCHASE OF ELAMANT PASSES. NEITHER ELAMANT AND ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, OR LICENSORS, WILL BE LIABLE FOR ANY EXPECTED REWARDS, COMPENSATION, OR OTHER PECUNIARY BENEFIT.

WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, THE ELAMANT PLATFORM AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

YOU ACKNOWLEDGE THAT ELAMANT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. IN NO EVENT WILL ELAMANT, ITS AFFILIATES, ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, LICENSORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR PROVIDING THE ELAMANT PLATFORM OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ELAMANT PLATFORM. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ELAMANT NOR ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE ELAMANT PLATFORM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. ELAMANT SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

ELAMANT RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS TO THE ELAMANT PLATFORM AND THESE TERMS OF USE AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE ELAMANT PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” ELAMANT DOES NOT WARRANT, AND AFFIRMATIVELY DISCLAIMS, ANY AND ALL WARRANTIES REGARDING, THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE ELAMANT PLATFORM OR ON THE ELAMANT WEBSITE. ELAMANT PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ELAMANT EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE ELAMANT PLATFORM. ELAMANT MAY CHANGE INFORMATION CONTAINED IN THE ELAMANT PLATFORM AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED THEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE ELAMANT PLATFORM.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELAMANT PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE ELAMANT PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ELAMANT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOU OR THE RELEVANT PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE, DATA; NOR SHALL ELAMANT BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ELAMANT PLATFORM, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE RELATED TO THE ELAMANT PLATFORM. 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.

IN NO EVENT WILL ELAMANT OR ITS AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE ELAMANT PLATFORM, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY ELAMANT. ELAMANT AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF ELAMANT AND/OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE ELAMANT PLATFORM; (II) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ELAMANT PLATFORM; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE ELAMANT PLATFORM; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE ELAMANT PLATFORM. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD ELAMANT RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE ELAMANT PLATFORM.

Because some jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Elamant and its agents, employees, distributors, and agents is limited to the greatest extent allowable under applicable law in those jurisdictions.

In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in these Terms of Use and affiliated agreements, or any portions thereof, are unenforceable for any reason, or that any of your remedies under these Terms of use fail, then you expressly agree that under no circumstances will the total, aggregate liability of Elamant and its agents, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever, exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

LINKS TO THIRD-PARTY SITES

LINKS FOUND IN THE ELAMANT PLATFORM MAY LET YOU LEAVE THE ELAMANT PLATFORM TO ENTER OTHER SITES. YOU ACKNOWLEDGE THAT SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF ELAMANT, AND ELAMANT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ELAMANT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ELAMANT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY ELAMANT.

MONITORING

Elamant shall have the right, but not the obligation, to review and/or retain your communications. Elamant and its third-party services shall have the right, but not the obligation, to monitor the content of the communications, to evaluate the quality of service you receive, to determine compliance with these Terms of Use, the Elamant Member Policies & Procedures, and any other operating rules established by Elamant and to satisfy any law, regulation or authorized government request. Elamant shall have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted through the Elamant Platform. Without limiting the foregoing, Elamant shall have the right to remove any material that Elamant, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

You agree that neither Elamant nor its agents will be liable for any costs, damages, expenses, or any other liability incurred by you as a result of any monitoring activity.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Elamant, its affiliates and their respective owners, directors, officers, employees, and agents from and against all Federal, State, and International, claims, demands, losses, costs, and/or expenses, including attorneys’ fees, arising out of the use of the Elamant Platform by you or by your account on the Elamant Platform. In particular,

TERMINATION

Elamant shall have the right to immediately terminate your Account in the event of any conduct by you that Elamant, in its sole discretion, considers being unacceptable, or in the event of any breach by you of these Terms of Use.

TRADEMARK NOTICE

The term Elamant, along with any associated logos, product names, company names, and other logos found on the Elamant Platform, unless otherwise noted, are trademarks and/or trade dress of Elamant Holdings, LLC. All rights reserved. All other trademarks appearing on the Elamant website or within the Elamant Platform are the property of their respective owners.

 

PRIVACY POLICY

To access the Elamant Platform, you must explicitly consent to our privacy and data security practices. Our privacy and data security practices can be found by visiting our Privacy Policy at https://MyElamant.com/privacy.

 

DISPUTE RESOLUTION

By visiting the Website or using the Services, you agree that these Terms will be governed by the laws of the State of California, without regard to its conflict of laws principles. By agreeing to these Terms, you agree to submit to personal jurisdiction in the County of Santa Clara, California, for all purposes, and you agree to waive, to the maximum extent permitted by law, any right to a trial by jury for any matter. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that we and you are each waiving the right to trial by a jury. Except as provided below regarding the class action waiver, such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge; However, as set forth below, the preceding arbitration requirement shall not apply to disputes to the extent relating to the interpretation or application of the class action waiver below, including its enforceability, revocability, or validity.

You agree that any arbitration under these terms will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. Notwithstanding anything to the contrary in this section or any other provision of these terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the provisions of these terms and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between each you and Elamant concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, warranties, both written and oral, with respect to the subject matter hereof. If you choose to access the Elamant Platform or become an Active Member, you are a customer of Elamant, and nothing in this agreement should be construed as establishing any form of partnership, joint venture, franchise, employment, agency, or any other relationship between you and Elamant. No delay or omission of Elamant to exercise any right or action permitted under this Terms of Use or any affiliated agreements shall be construed to waive any breach by you, nor shall any waiver by Elamant prevent the future exercise of those rights. If anyone or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and these Terms shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

 

Click “I agree” for Your Signature

As noted above, by clicking “I agree” you will be signing this Agreement with a binding electronic signature, and you acknowledge that you have read and understood this Agreement’s terms and conditions.