Terms & Conditions
TERMS AND CONDITIONS OF USE
Please Read These Terms and Conditions of Use Carefully Before Using the Website
This website ("Site") is provided by Ellie Jay, LLC and, as applicable, its affiliates, subsidiaries, and related entities (“Affiliates”) (Elliie Jay, LLC) and its Affiliates are referred to herein, as the context may require, as "we", "us", or "our"). These Terms and Ellie Jay, LLC governing your use of this Site, which includes its content, information, services, and features. If you do not agree to these Terms and Conditions of Use, then you should not use this Site.
Your use and browsing of this Site is at your risk. If you are dissatisfied with this Site in any way, its contents, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using this Site.
Modifications to These Terms and Conditions of Use
We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to this Site, along with the date on which it was most recently updated as indicated by the "Last Updated" section at the end of these Terms and Conditions of Use. Your continued access to and/or use of this Site after any such changes constitutes your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
Use of this Site
This Site and all content, information, and other materials featured, displayed, contained, and available on this Site, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the "look and feel", pages, screens, content arrangement, and computer programs (collectively, the "Materials") are owned by or licensed to Ellie Jay, LLC and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this Site for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this Site or its Materials. Except as expressly provided herein, we do not grant to you any express or implied right under any patents, trademarks, copyrights, or trade secret information.
You agree to abide by all additional terms, conditions, and restrictions included within this Site, the Materials, and/or the features and services.
Ellie Jay, LLC may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this Site, or any portion thereof; (2) change, revise, or modify this Site, the Materials, or any portion thereof; (3) interrupt the operation of this Site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain features and services, or restrict your access to parts of or the entire Site; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.
You agree to use this Site and the Materials in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to:
- modify, adapt, translate, or reverse engineer any portion of this Site or the Materials;
- use this Site or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- use this Site or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
- frame or mirror any portion or feature of this Site;
- use this Site or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
- use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of this Site or the Materials; (2) reproduce or circumvent the navigational structure or presentation of this Site or the Materials; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this Site;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or with any other person’s use or enjoyment of this Site;
- transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
- circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Ellie Jay, LLC;
- forge headers or otherwise manipulate identifiers;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Ellie Jay, LLC or any other person or entity.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this Site, the Materials, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.
We may, but shall not be obligated to, in our sole discretion, post any Submission on this Site and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that any statements that you make about us or any of our products or services in the "Share Your Story" portion of this Site accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
Copyright Infringement Notification
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on this Site or any of our other websites infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on this Site, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on this Site the Material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.
Notices and counter-notices should be sent to:
Ellie Jay, LLC
ATTN: Marketing – DMCA Manager
DMCA details are available at http://www.copyright.gov/onlinesp/.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.
Links To Third Party Sites
This Site may contain links to other third-party websites, including, without limitation, social media platforms, such as Facebook, Twitter, or Foursquare ("Linked Sites"). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. We have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from a Linked Site (including, without limitation, from an Operator Linked Site), your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
Trademark Information and Ownership of Intellectual Property
All trademarks and trade dress that appear on our sites (“Trademarks”) are trademarks/trade dress or registered trademarks/trade dress of Ellie Jay, LLC (unless indicated otherwise) or our Affiliates, subsidiaries, or parent companies, in the United States and other countries.
The Trademarks are our valuable assets and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to our business and, as such, may only be used by us or other authorized persons or entities for the benefit of us and only in connection with the products and services authorized by us. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits our company, its affiliates, subsidiaries or parent companies is strictly prohibited. You may not use any of the Trademarks in any manner without the prior written consent of Ellie Jay, LLC. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.
All content that is made available to view and/or download in connection with the sites, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, (“Content”) and software (“Software”), is owned by and is the copyrighted work of Ellie Jay, LLC and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the sites is our exclusive property and is protected by United States copyright laws and international treaty provisions. All Software used on this site is our property and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.
Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
We do not permit the use of our Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without prior express written permission.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Intellectual Property without prior express written permission. You are strictly prohibited from using any of our Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that CFA Properties and/or its licensee(s) will aggressively enforce intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.
We make no representations or warranties regarding this Site and the Materials.
WE DO NO WARRANT THAT THIS SITE OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THIS SITE OR THE MATERIALS, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THIS SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE ("PROVIDERS") IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND THE MATERIALS.
Limitations of Liability
IN NO EVENT SHALL WE OR OUR PROVIDERS (INCLUDING OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE AND THE MATERIALS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree to indemnify, defend, and hold harmless Ellie Jay, LLC, its Providers, and its and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with this Site.
International Users and Choice of Law
Violation of these Terms and Conditions of Use and Remedies
You agree that Ellie Jay, LLC may, in its sole discretion and without prior notice, block and/or terminate your access to this Site if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Ellie Jay, LLC. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If Ellie Jay, LLC takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Ellie Jay, LLC. You agree that v will not be liable to you or to any third party for termination of your access to this Site as a result of any violation of these Terms and Conditions of Use.
Entire Agreement, Claims Limitations and Severability
If you have any questions about this site or these Terms and Conditions of Use, or to report violations of these Terms and Conditions of Use, please contact us at:
PROVIDE CONTACT INFORMATION
Terms and Conditions last updated on November 5, 2014
Copyright © 2014 Ellie Jay, LLC. All rights reserved