elegus

elegus terms of use

The Elegus Terms of Use were last updated June 7, 2005.

These terms of use relate to the web sites located at elegus.com, elegus.org, elegus.net, and elegus.info and any software that is made available to download or for access from any of these sites, and all other information contained therein ('Elegus'). By using Elegus, you agree to be bound by these Terms of Use. If you do not agree with these terms and conditions, please do not use Elegus. Elegus Corporation reserves the right to change, modify, add, or remove portions of this Agreement or the Elegus Terms of Use at any time and without prior notice. Please check this page periodically for any modifications. Your use of Elegus following the posting of any changes constitutes your acceptance of the changes.

ELEGUS IS MADE AVAILABLE FOR DOWNLOADING AND/OR ACCESS SOLELY FOR USE IN ACCORDANCE WITH AND SUBJECT TO THE TERMS OF USE. ANY USE, REPRODUCTION OR REDISTRIBUTION OF ELEGUS NOT IN ACCORDANCE WITH THE TERMS OF USE IS EXPRESSLY PROHIBITED BY LAW, AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES.

intellectual property

Any software that is made available to download, or for access from Elegus is the copyrighted work of Elegus Corporation. Neither Elegus Corporation nor any third party has conferred upon you by implication, estoppel or otherwise, any license or right under any patent, trademark, or copyright or other intellectual property right. Elegus shall remain the exclusive owner of any and all patents, trademarks, copyrights, and any other intellectual property rights of Elegus and the software contained therein. You shall not reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Elegus or the software contained therein. Without limiting the foregoing, copying or reproduction of any part of Elegus or the software contained therein for any purpose, including without limitation, further reproduction or redistribution is expressly prohibited.

third party search engine services and web sites

ELEGUS SUBMITS INFORMATION TO THIRD PARTY SEARCH ENGINE SERVICES.

Submission of information to a third party search engine service is provided as a convenience to the user and for informational purposes only. Elegus Corporation has no control over, and bears no responsibility for the accuracy, functionality, legality, authoritativeness, timeliness, content, or privacy policies of the third party search engine services to which the information is submitted.

ELEGUS CORPORATION SHALL NOT BE RESPONSIBLE FOR THE SOFTWARE OR CONTENT ON ANY THIRD PARTY SEARCH ENGINE SERVICE OR WEB SITE.

Elegus Corporation owns and retains all intellectual property rights to Elegus; but Elegus Corporation does not claim ownership rights to any information held by any third party search engine service to which Elegus submits information. Elegus may display results of the information submitted to the third party search engine service within a frame on Elegus. This frame is provided strictly as a convenience to the user. Elegus does not alter or otherwise manipulate in any way the information appearing within the frame.

The names of third party companies, products, or services (including search engine services) mentioned on or via Elegus are the trademarks of their respective owners. Yahoo! trademarks, service marks and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc. Google™, Google™ search, Google™ search engine, Google™ search appliance, Google™ search services are trademarks of Google.

Reference to third party trademarks is for informational purposes only and is not intended to indicate or imply any endorsement, association, affiliation, connection, approval, authorization, sponsorship, license, business relationship or other relationship with Elegus Corporation.

Elegus or a third party search engine service may include links to documents on third party web sites. Elegus Corporation owns and retains all intellectual property rights to Elegus; but Elegus Corporation does not claim ownership rights to any information held by any third party web site, including but not limited to, government web sites and works.

subscription

If any of the products or services available from Elegus require you to open an account, you must complete the registration process by providing true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. 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 Elegus immediately of any unauthorized use of your account or any other breach of security.

Elegus Corporation will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by Elegus Corporation or any other person or entity 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 or Elegus (as applicable). If you provide any information that is false, inaccurate, out of date, or incomplete, or if Elegus suspects that such information is false, inaccurate, not current, or incomplete, Elegus may suspend or terminate your account and refuse any and all current or future use of the products or services or any portion thereof. You are responsible for all costs and charges, including but not limited to, phone charges and telecommunications equipment that you incur in order to use Elegus. You may not assign rights or delegate duties under the subscription to access Elegus without the prior written consent of Elegus Corporation

no warranties

Elegus is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, and you use Elegus at your own risk. Elegus Corporation does not represent that Elegus is reliable, accurate, complete, relevant, adequate, current, timely, or otherwise valid in any way. Elegus Corporation makes no representations about the suitability of Elegus for any purpose. Elegus Corporation hereby disclaims all warranties, either expressed or implied, and including but not limited to, implied warranties of merchantability or fitness for a particular purpose. Elegus Corporation also disclaims any warranties of infringement, title, or quiet enjoyment.

assumption of risk

YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF ELEGUS, including, but not limited to, the risks that damage may occur to user computer systems, software or data stored on or contained in user computer systems. Elegus Corporation DISCLAIMS all responsibility and liability for ALL types of damages including, but not limited to, damages to compensate for loss of use, loss of profits, loss of data, business interruption, procurement of substitute goods or services, and loss of revenues caused by any failure including, but not limited to, performance, compilation, submission error, omission, interruption, deletion, unavailability, defect, delay in operation or transmission of information or data, faulty or incomplete data, communication line failure, computer virus, theft, destruction, unauthorized access or alteration regardless whether for negligence, breach of contract, or any other cause of action arising out of or in connection with Elegus or its use. Elegus may also contain technical inaccuracies or typographical errors. Elegus does not assume any responsibility for and hereby disclaims all liability for any such inaccuracies, errors, or omissions either within Elegus or in any linked documents, materials web pages, or third party search engine services.

aggregate liability

THE AGGREGATE LIABILITY OF ELEGUS CORPORATION IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO ELEGUS OR ITS USE SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES.

Your right to actual monetary damages shall be in lieu of all other remedies which you may have against Elegus Corporation, or its respective officers, directors, employees, attorneys, agents, or assigns. Under no circumstances will Elegus Corporation, or its respective officers, directors, employees, attorneys, agents, or assigns, be liable for any indirect, incidental consequential, special or exemplary damages, including, without limitation, attorneys fees, arising out of or in connection with Elegus or its use, whether or not you have been advised of the possibility of such damages, in any action for breach of contract, warranty, tort (including but not limited to negligence), or any other action.

Notwithstanding anything to the contrary expressed or implied in these TERMS OF USE, in no event shall the maximum liability of Elegus Corporation, its respective officers, directors, employees, attorneys, agents, or assigns, arising out of or in connection with Elegus, the Subscription Agreement, or these TERMS OF USE exceed the actual subscription fees paid by you for the use of Elegus for the time during which the alleged liability occurred. The limitations of liability provided in these TERMS OF USE inure to the benefit of Elegus Corporation and to all of Elegus Corporation's respective officers, directors, employees, attorneys, agents, and assigns. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with Elegus or its use must be filed within one (1) after such claim or cause of action arose or be forever barred.

waiver

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Elegus and its employees, agents and assigns from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of Elegus.

indemnification

You agree that you are wholly responsible for your use of the information obtained through your use of Elegus, and may not use the Elegus or materials retrieved using Elegus in any fashion that infringes the copyrights, proprietary or other interests of Elegus Corporation or any third party. You agree to hold harmless and indemnify Elegus, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of Elegus, including any liability or expense arising from all claims, losses, damages (actual, consequential, and otherwise), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

choice of law

These Terms of Use are governed by the laws of the United States and the State of Delaware, without giving effect to any principles of conflicts of laws. Unless waived in its sole discretion by Elegus, the sole jurisdiction and venue for actions related to the subject matter hereof will be the California state and federal courts having within their jurisdiction the Town of Corte Madera, CA and both parties consent to the jurisdiction of such courts. The official language for this Agreement, and of any proceedings and writings amending or interpreting this Agreement, will be English. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

If any provision of this Agreement or Terms of Use is held to be invalid or unenforceable by a court with jurisdiction over the parties, such provision shall be deemed to be superseded by a valid enforceable provision in accordance with applicable law that most closely matches the intent and economic effect of the original provision. The remaining provisions of these Terms of Use and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

changes

Elegus Corporation may make changes to the terms of use, software, documents or any information or materials accessible from or related to Elegus and product offerings at any time and without notice. Continued use of Elegus following any change constitutes acceptance of the change. Changes to subscription price may be made following expiration of your chosen subscription term.

enforcability

The failure of the Elegus to exercise or enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

termination

Elegus Corporation may terminate access to Elegus at any time without notice. NO refunds for paid subscriptions shall be remitted if you cancel your subscription prior to the expiration of your subscription term.

notices

Except as otherwise provided herein, all notices and other communications hereunder shall be in writing, displayed electronically at Elegus, or via email. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed; or on the date received if delivered in any other manner such as email.

not legal advice

The information contained at Elegus and any other Elegus Corporation owned web site is offered as a service to the public does not constitute legal advice. The use of Elegus, its links, or links on any third party search engine services to which Elegus submits information, does not establish the existence of any attorney-client relationship. All users should verify the accuracy of the sources against official government sources and should obtain legal advice from a licensed attorney specifically addressing the application of the law to the specific facts involved in their cases. Links to documents on third party web sites may not be officially recognized as proper or legal authority. Check with the appropriate jurisdictions' policies and procedures before citing any document from any web site in any legal or other document.

DO NOT RELY ON INFORMATION AT THIS SITE OR OTHERS IN PLACE OF THE ADVICE OF COMPETENT COUNSEL.

copyright © 2005 elegus corporation. all rights reserved. no claim to government works.

elegus, elegus corporation, elegus select & search are trademarks and service marks of Elegus Corporation. The names of third party companies, products, or services (including search engine services) mentioned on or via Elegus are the trademarks of their respective owners. Yahoo! trademarks, service marks and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc. Google™, Google™ search, Google™ search engine, Google™ search appliance, Google™ search services are trademarks of Google.

Reference to third party trademarks is for informational purposes only and is not intended to indicate or imply any endorsement, association, affiliation, connection, approval, authorization, sponsorship, license, business relationship or other relationship with Elegus Corporation.