Site Use Agreement
1. General Conditions and Definitions
2. Updates to Site Use Agreement
Company may update or change this Site Use Agreement from time to time by posting the revised Site Use Agreement on the Site. The revised Site Use Agreement is effective immediately upon posting. You agree to be bound by any such revisions. You should periodically visit this page to determine the current terms of our Site Use Agreement.
3. Site Accessibility and Security
End User shall be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. Company shall not be liable for any damages to, or viruses that might infect, your computer or other property as a result of your access to, use of, or downloading from this Site. End User shall be responsible for protecting his or her password(s), if any. You acknowledge that sometimes there are interruptions in Internet service that are beyond the control of Company, and Company shall not be responsible for any data lost during Internet transmissions. While it is Company’s intention to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason. Company shall not be responsible for any End User’s inability to register for a training program with or make a purchase from Company via the Site.
4. Links to Third-Party Websites
6. Trademarks and Copyrights
“Elevated Safety” and “Elevated Supply” are trademarks of Company. All rights in respect of these trademarks are expressly reserved. Everything located on or in this Site is the exclusive property of Company or used with the express permission of the copyright or trademark owner. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Company or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site only for personal, non-commercial use, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Company’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.
If you are a copyright owner or an owner’s agent and find content on the Site that you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act.
7. Disclaimer of Warranty and Limitation of Liability
You expressly agree that use of this site is at your sole risk. This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by company on an “as is” and “as available” basis, unless otherwise specified in writing. Neither company nor any of its affiliates, employees, agents, or licensors make any representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing.
To the full extent permissible by applicable law, company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. company does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; its servers; or e-mail sent from company are free of viruses or other harmful components. Company will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to, direct, indirect, incidental, special, consequential, and punitive damages, unless otherwise specified in writing.
You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of this Site.
9. Making a Purchase
10. Limited Availability of Services
Due to the nature of the Internet, it is not possible for Company to restrict access to its Site to only those locations where it does business. Some or all of the services offered on the Site by Company are not available to End Users outside of the United States and may not be available to End Users located in specific areas of the United States. Company makes no representation that any of the information contained on the Site is appropriate or available for use in locations outside the United States or in all areas of the United States. End User should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any product from Company in a location where such products may not legally be sold.
11. Electronic Communication
You agree to receive communications from Company in an electronic form and agree that all terms and conditions, Site Use Agreements, notices, disclosures, and other communication that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.
12. Program Changes and Termination
Company may terminate this Site Use Agreement at any time for any reason without prior notice. Without limiting the foregoing, Company shall have the right to terminate immediately any accounts in the event of any conduct by you that Company, in its sole discretion, deems unacceptable or in the event you violate any terms or conditions of this Site Use Agreement. The provisions of Sections 2, 6, 8, 13, 14, and 15 shall survive termination of this Site Use Agreement.
13. Dispute Resolution
You agree that this Site Use Agreement shall be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions. You agree that courts within Cook County in the State of Illinois will have exclusive jurisdiction over all disputes between the parties arising out of or relating to this Site Use Agreement. You hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.
14. Statute of Limitations
End User agrees that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the Company Services or the Site Use Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.
15. Completeness and Severability
This Site Use Agreement constitutes the entire Site Use Agreement between the parties with respect to the subject matter herein and supersedes all previous Site Use Agreements. The failure by Company to exercise or enforce any right or provision of the Site Use Agreement shall not constitute a waiver of such right or provision. No waiver by Company of any breach or default of this Site Use Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Site Use Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Site Use Agreement. If a provision of this Site Use Agreement or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Site Use Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
16. Contacting Us
If you have any questions about this Site Use Agreement or its use by you or others, you may contact us at any time by email [firstname.lastname@example.org] or by writing to:
Elevated Safety, LLC
252 Thrush Circle
Lindenhurst, Il 60046