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TERMS OF USE
This website is maintained by The James G. Elliott Co., Inc.
Binding Effect
This is a binding agreement. By using this Internet site (the “Site”)
or any services provided in connection with the Site (the “Service”),
you agree to abide by these Terms of Use, as they may be amended by
The James G. Elliott Co., Inc. (the “Company”) from time to time in
its sole discretion. Company will post a notice on the Site any time
these Terms of Use have been changed or otherwise updated. It is your
responsibility to review these Terms of Use periodically, and if at
any time you find these Terms of Use unacceptable, you must immediately
leave the Site and cease all use of the Service and the Site. YOU AGREE
THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS
OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Privacy
Company respects your privacy and permits you to control the treatment
of your personal information. A complete statement of Company’s current
privacy policy can be found by clicking here.
Company’s privacy policy is expressly incorporated into this Agreement
by this reference. The Company uses reasonable precautions to maintain
the confidentiality of any information provided to it or created, input
or developed in connection with the use of this website, but because
such information can be accessed through the Internet, the Company provides
no assurances that any such information, or any communication through
E-mail, will remain secure. In addition, the Company may disclose information
collected on this website to its employees, representatives, officers,
agents, clients and affiliates, as well as a governmental entity, or
any other third party agent or service provider (a) for any purpose
related to the conduct of the Company’s business or any contest, or
providing or maintaining of any services provided on or through this
website or (b) to comply with applicable rules, orders, subpoenas or
other legal process, or in order to give information to any government
agency or official requesting such information, or (c) for any other
legitimate business purpose.
Copyright
This website is Copyright © 2006 The James G. Elliott Co., Inc. All
rights reserved. All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of The James G. Elliott Co., Inc. or its
content suppliers and protected by the laws of the United States and
other countries. The compilation of all content on this site is the
exclusive property of The James G. Elliott Co., Inc. All software used
on this site is the property of The James G. Elliott Co., Inc. or its
software suppliers.
This website or any portion of this website may not be reproduced, modified, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of The James G. Elliott Co., Inc.
You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The James G. Elliott Co., Inc., http://www.jamesgelliott.com/, so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
Copyright Infringement
Company has in place certain legally mandated procedures regarding allegations
of copyright infringement occurring on the Site or with the Service.
Company has adopted a policy that provides for the immediate suspension
and/or termination of any Site or Service user who is found to have
infringed on the rights of Company or of a third party, or otherwise
violated any intellectual property laws or regulations. Company’s policy
is to investigate any allegations of copyright infringement brought
to its attention. If you have evidence, know, or have a good faith belief
that your rights or the rights of a third party have been violated and
you want Company to delete, edit, or disable the material in question,
you must provide Company with all of the following information: (a)
a physical or electronic signature of a person authorized to act on
behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works are covered by a single notification,
a representative list of such works; (c) identification of the material
that is claimed to be infringed or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit Company to locate the material;
(d) information reasonably sufficient to permit Company to contact you,
such as an address, telephone number, and if available, an electronic
mail address at which you may be contacted; (e) a statement that you
have a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law;
and (f) a statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed. For
this notification to be effective, you must provide it to Company’s
designated agent at:
The James G. Elliott Co., Inc. 626 Wilshire Blvd. Los Angeles, CA 90017 Tel: (213) 624-0900 ext.1514 Fax: (213) 624-4389 E-mail: j.elliott@jamesgelliott.com |
Alleged Violations
Company reserves the right to terminate your use of the Service and/or
the Site. To ensure that Company provides a high quality experience
for you and for other users of the Site and the Service, you agree that
Company or its representatives may access your account and records on
a case-by-case basis to investigate complaints or allegations of abuse,
infringement of third party rights, or other unauthorized uses of the
Site or the Service. Company does not intend to disclose the existence
or occurrence of such an investigation unless required by law, but Company
reserves the right to terminate your account or your access to the Site
immediately, with or without notice to you, and without liability to
you, if Company believes that you have violated any of the Terms of
Use, furnished Company with false or misleading information, or interfered
with use of the Site or the Service by others.
Disclaimers
The Company will not assume any liability for any loss or damage of
any kind, arising out of or caused by, directly or indirectly, the use
of the information provided herein. The Company and its agents and representatives
shall not have any responsibility for direct, indirect, consequential,
special or other damages incurred by a user of this website in reliance
on the accuracy, reliability, completeness, sequence or timeliness of
any of the information and/or data provided on this website, nor for
any delays or errors in transmission or delivery of any such information.
In addition, and without limiting the foregoing, The Company shall not be liable for any harm caused by the transmission, through the services provided by or with the information contained in this website, of a computer virus or other computer code or programming device that might be used to access, modify, disrupt or otherwise impede in any manner the operation of any software, hardware, data or property of the user.
In addition and without limiting the foregoing, the Company makes no representations and assumes no liability regarding the quality, safety, accuracy or suitability for any use or purpose of any information or software found on any other website not under the control of the Company, regardless of whether such other website is reached through a hyperlink on this website to that other website.
No Warranties
The Company attempts to ensure that the information provided on this
website is accurate as of the date of publication. However no warranties
of any kind, either expressed or implied, as to the accuracy of the
information or its suitability or fitness for a particular purpose,
are made. The information contained on this website is subject to change
without notice.
THE COMPANY AND ITS AGENTS AND REPRESENTATIVES HEREBY EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES AND MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE AND ERROR-FREE AND UNINTERRUPTED SERVICE. THE COMPANY DOES NOT MAKE ANY WARRANTY OR GUARANTY, OR MAKE ANY REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE USE OR RESULT OF ANY INFORMATION OR SERVICES PROVIDED BY THIS WEBSITE, OR SYSTEM PERFORMANCE AND EFFECTS, OR DAMAGES TO SOFTWARE OR HARDWARE IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE INFORMATION AND/OR DATA CONTAINED ON THIS WEBSITE.
LIMITED LIABILITY
COMPANY’S LIABILITY TO YOU IS LIMITED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE
LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS
OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED
TO YOU BY COMPANY. This limitation shall apply regardless of whether
the damages arise out of breach of contract, tort, or any other legal
theory or form of action.
Prohibited Uses
Company imposes certain restrictions on your permissible use of the
Site and the Service. You are prohibited from violating or attempting
to violate any security features of the Site or Service, including,
without limitation, (a) accessing content or data not intended for you,
or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the Service,
the Site, or any associated system or network, or to breach security
or authentication measures without proper authorization; (c) interfering
or attempting to interfere with service to any user, host, or network,
including, without limitation, by means of submitting a virus to the
Site or Service, overloading, “flooding,” “spamming,” “mail bombing,”
or “crashing;” (d) using the Site or Service to send unsolicited e-mail,
including, without limitation, promotions, or advertisements for products
or services; (e) forging any TCP/IP packet header or any part of the
header information in any e-mail or in any posting using the Service;
or (f) attempting to modify, reverse-engineer, decompile, disassemble,
or otherwise reduce or attempt to reduce to a human-perceivable form
any of the source code used by Company in providing the Site or Service.
Any violation of system or network security may subject you to civil
and/or criminal liability.
Indemnity
You agree to indemnify Company for certain of your acts and omissions.
You agree to indemnify, defend, and hold harmless Company, its affiliates,
officers, directors, employees, consultants, agents, and representatives
from any and all third party claims, losses, liability, damages, and/or
costs (including reasonable attorney fees and costs) arising from your
access to or use of the Site, your violation of these Terms of Use,
or your infringement, or infringement by any other user of your account,
of any intellectual property or other right of any person or entity.
Company will notify you promptly of any such claim, loss, liability,
or demand, and will provide you with reasonable assistance, at your
expense, in defending any such claim, loss, liability, damage, or cost.
Governing Law
These Terms of Use shall be construed in accordance with and governed
by the laws of the United States and the State of California, without
reference to their rules regarding conflicts of law. You hereby irrevocably
consent to the exclusive jurisdiction of the state or federal courts
in Los Angeles, California, USA, in all disputes arising out of or related
to the use of the Site or Service.
Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any
term or condition in these Terms of Use to be unenforceable, all other
terms and conditions will remain unaffected and in full force and effect.
No waiver of any breach of any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent, or subsequent breach of
the same or any other provisions hereof, and no waiver shall be effective
unless made in writing and signed by an authorized representative of
the waiving party.
No License
Nothing contained on the Site should be understood as granting you a
license to use any of the trademarks, service marks, or logos owned
by Company or by any third party.
California Use Only
The Site is controlled and operated by Company from its offices in the
State of California. Company makes no representation that any of the
materials or the services to which you have been given access are available
or appropriate for use in other locations. Your use of or access to
the Site should not be construed as Company’s purposefully availing
itself of the benefits or privilege of doing business in any state or
jurisdiction other than California.
Modifications
Company may, in its sole discretion and without prior notice, (a) revise
these Terms of Use; (b) modify the Site and/or the Service; and (c)
discontinue the Site and/or Service at any time. Company shall post
any revision to these Terms of Use to the Site, and the revision shall
be effective immediately on such posting. You agree to review these
Terms of Use and other online policies posted on the Site periodically
to be aware of any revisions. You agree that, by continuing to use or
access the Site following notice of any revision, you shall abide by
any such revision.
Acknowledgement
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.