Elroi Consumer Solutions Online Service Terms of Use
THIS IS A BINDING AGREEMENT:Elroi Consumer Solutions welcomes you to its online service (the "Service"). By using its Service, you are agreeing to the following Terms of Use whether or not you are a registered customer of Elroi. These Terms of Use may be updated from time to time without notice to you. However, you can always find the latest Terms of Use at [Consumer TOU Link], and are advised to periodically check it for updates.
This Agreement contains the complete terms and conditions that govern the use of Elroi’s website(s) ("Website" or "Websites" or "Site"). BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER ELROI SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. ELROI RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT ELROI'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [Consumer TOU Link]. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and ANY CONTINUED USE OF THE WEBSITE AFTER ANY CHANGES HAVE BEEN MADE TO THIS AGREEMENT SIGNIFIES AND CONFIRMS YOUR ACCEPTANCE OF ANY CHANGES OR AMENDMENTS TO THIS AGREEMENT.
SCOPE:These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Elroi with respect to Elroi's Websites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Notice [Consumer Privacy Notice Link]), guidelines, or rules that may apply when you use the Website or any of its Services. Elroi may revise these Terms of Use at any time by updating this posting.
ACCESS TO THIS SITE:To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If Elroi believes the information you provide is not correct, current, or complete, Elroi has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.
APPLICABLE USE OF THIS SITE:You may use this Site only for purposes expressly permitted by this Agreement. As a condition of your use of Elroi's Websites, you warrant to Elroi that you will not use the Websites for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.
LEASING OF PERSONAL DATA TO THIRD PARTIES:If you choose to participate in Elroi's Third Party data leasing service by selecting the Elroi categories with which you will share your data and by agreeing to Elroi's Terms of Use while utilizing our services, you explicitly consent to our leasing your personal data to third parties ("Third Parties"). This arrangement enables you to receive compensation in exchange for the use of your data, with the rates determined through agreements between Elroi and these Third Parties.
DATA LEASING COMPENSATION:You are entitled to compensation for the leasing of your personal data, as determined by pre-established rates. Details regarding the compensation rates, frequency, and method of payment are provided at [Consumer Compensation Link], noting that these rates are subject to change based on our current agreements with Third Parties.
THIRD PARTY LIABILITY LIMITATION:While Elroi requires Third Parties to comply with data protection standards, we cannot guarantee the security of your data once it is in their possession. THEREFORE, WE DISCLAIM ANY RESPONSIBILITY FOR THE MISUSE, LOSS, OR UNAUTHORIZED ACCESS TO YOUR PERSONAL DATA BY THIRD PARTIES.
It is important to understand that Elroi's role is limited to facilitating the agreed-upon compensation for your data. ANY DISPUTES OR ISSUES RELATED TO THE MISUSE OF YOUR DATA BY THIRD PARTIES SHOULD BE ADDRESSED WITH THEM DIRECTLY. We encourage you to review the privacy policies of any Third Party that uses your data to understand their practices.
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THE POTENTIAL RISKS ASSOCIATED WITH DATA LEASING AND AGREE TO THE SPECIFIED TERMS OF COMPENSATION AND LIMITED LIABILITY ON ELROI'S PART.
NO CO-BRANDING OR FRAMING:You may not use or authorize any party to co-brand or frame any Elroi Websites without the express prior written permission of an authorized representative of Elroi in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, "framing" refers to displaying any Elroi webpage within a bordered area of another website, regardless of whether the address of the originating Elroi Website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Elroi.
NO UNLAWFUL ACCESS:You agree that you will not use Elroi's Websites in any manner that could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any other party's use and enjoyment of the Websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Websites.
PERSONAL AND NON-COMMERCIAL USE LIMITATION:Elroi's Websites are for your personal and non-commercial use, unless otherwise specified in writing. You may not use any Elroi Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Elroi in each instance, which permission will be at Elroi’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Elroi’s Websites, in whole or in part.
PROPRIETARY INFORMATION:You acknowledge and agree that the Website’s Content, including any necessary software used in connection with the Website and any of the Services provided by the Website (“Software”), contain proprietary and confidential information that is the property of Elroi and its licensors and is protected by applicable intellectual property and other laws. No rights or title to any of the Content or Software used in connection with the Website is provided, transferred or assigned to you. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Website or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Website or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content or Software, in whole or in part. You also acknowledge Elroi’s exclusive rights in the Website’s trademarks and service marks.
HYPERLINKING:This Site may be hyperlinked to and by other websites which are not maintained by, or related to, Elroi. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or Elroi. Elroi has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from an Elroi Website to another web page should be accessed at the User's own risk. Elroi makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.
RIGHT TO TERMINATE ACCESS:Elroi reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Elroi reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
DISCLOSURE OF GOOD FAITH DATA PRESERVATION:Elroi may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, or to protect the rights, property or personal safety of the Website, its Users or the public.
PERSONALLY IDENTIFIABLE INFORMATION:Elroi cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, Elroi agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Notice at [Consumer Privacy Notice Link], as well as in conformance with all applicable laws, rules, and regulations.Elroi wants to make it clear that we handle personal information carefully. While we value your participation, please note that any personally identifying information you share, including details about yourself or your children, in any Communication Service will be handled with utmost care. Our commitment is to treat any such information in accordance with our Privacy Notice at [Consumer Privacy Notice Link], as well as in compliance with all relevant laws, rules, and regulations.
DISCLAIMER & LIMITATIONS ON LIABILITY:YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ELROI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ELROI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY ELROI WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELROI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ELROI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ELROI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
INDEMNITY:YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ELROI ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.
TRADEMARKS AND COPYRIGHTS:Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Site are the property of Elroi or the party that provided the Intellectual Property to Elroi. Elroi and any party that provides Intellectual Property to Elroi retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party. All contents of Elroi's Websites are:
© 2024 Elroi, Inc. All rights reserved.
All content, materials, and intellectual property on this website, including but not limited to text, graphics, logos, images, and software, are the property of Elroi, Inc. or its content suppliers and are protected by international copyright laws. Unauthorized use, reproduction, modification, distribution, or republication of any content on this site without prior written permission from Elroi, Inc. is strictly prohibited.
COPYRIGHT INFRINGEMENT:If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Elroi's copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Elroi and its affiliates that your copyrighted material has been infringed. Please include the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the Site, including the current Website address; Your address, telephone number, and email address; A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law; 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.
Elroi's Copyright Agent for notice of claims of copyright infringement on its Websites can be reached as follows: team@elroi.ai
SECURITY:Any passwords used for this Site are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Elroi may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Elroi reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Elroi reserves the right to investigate suspected violations of these Terms of Use. Elroi reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Elroi to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD ELROI HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ELROI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ELROI OR LAW ENFORCEMENT AUTHORITIES.
DISPUTES:If there is any dispute about or involving these Terms of Use, the Website and/or any Communications Services, you agree that any dispute shall be governed by the laws of the State of Delaware, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Delaware in connection with any dispute between you and Elroi arising out of or involving this Agreement, the Website and/or any Communications Services.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BY YOU AGAINST THE ELROI ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR ANY SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
MISCELLANEOUS: (a) If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provision. (b) You agree that no joint venture, partnership, employment, or agency relationship exists between you and Elroi as a result of this Agreement or use of Elroi's Websites. (c) The failure of Elroi to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Elroi must be in writing and signed by an authorized representative of Elroi.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement to Elroi at team@elroi.ai If you have any questions regarding this Agreement, please contact us at team@elroi.ai
