you (either as an individual or any other legal entity) ("You"
or "Your") and Evigalo Laute Victus™, LLC.
("ELV"). Your access to, and use of ELV websites
("Website") is subject to, and governed by, these
TOU. Be sure to carefully read and understand all of the rights
and restrictions delineated in these TOU. For Your reference,
You may print the TOU by using the "Print" option
on Your browser. By accessing the Website, you confirm your
agreement to and acceptance of these terms. ELV reserves the
right to update the TOU at any time without notice to You.
You may view the current applicable version of the TOU at
at the bottom of each Website page.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
CERTAIN ELV WEBSITES INCLUDING, BUT NOT LIMITED TO PASSWORD
1. Access. ELV has the right, but not the
duty, to terminate or suspend Your access to the Website,
without notice, for any conduct that ELV, in its sole discretion,
believes is in violation of any applicable law or is harmful
to the interests of another user, a third-party provider,
a service provider or ELV. ELV makes no representation that
the information contained in the Website is appropriate or
available for use throughout the world. It is forbidden to
access the Website from territories where the legislation
provides that the content or use of the Website is illegal.
You choose to use the Website on Your own initiative, and
it is Your responsibility to ensure that You conform to all
applicable local laws.
2. Copyright. ELV, its suppliers or the original
creator of the material own all copyrights to material on
the Website and all other intellectual property rights related
to the Website. To the extent that ELV has the right to do
so without compensation to third parties, and except for material
specifically provided under other terms, ELV grants You permission
to copy materials on the Website solely for Your non-commercial
use in support of ELV products/ services. You agree that any
copies of material shall retain all copyright and other proprietary
notices in the same form and manner as the original. You may
not, without ELV's permission, "mirror" any material
contained on the Website or any other server. Except as specified
above, nothing contained herein shall be construed as conferring
by implication, estoppel or otherwise any license or right
under any trademark, patent, copyright, mask work protection
right or any other intellectual property right of ELV or any
3. Trademarks. ELV and the ELV logo are trademarks
or service marks, registered or not, of ELV. Nothing in the
Website may be interpreted so as to grant to You, directly
or indirectly, the use of a trademark or service mark reproduced
on the Website, whether belonging to ELV or third party suppliers,
without the written permission of ELV.
4. Information Provided to ELV.
4.1. ELV does not want You to, and You should
not, send any confidential or proprietary information to ELV
via the Website. Any submission by You to ELV, including but
not limited to questions, comments, suggestions or the like
shall be deemed to be non-confidential and shall become the
property of ELV. Furthermore, by Your submission You grant
ELV an unrestricted, irrevocable license to use, reproduce,
display, perform, modify, transmit, and distribute such information.
ELV shall be free to use any ideas, concepts, know-how or
techniques contained in such information for any purpose whatsoever,
including but not limited to developing, manufacturing, and
marketing products/ services incorporating such information.
5. Links. THE LINKS ON THE WEBSITE WILL LET
YOU LEAVE ELV'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL
OF ELV AND ELV IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. ELV IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. ELV IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY ELV OF THE SITE.
6. Service Availability. The availability
of the services described on the Website, and the product
descriptions, may vary from region to region. If you have
questions regarding availability of specific service(s) contact firstname.lastname@example.org.
7. Export of Information. The United States
Export Controls laws prohibit the export of certain technical
data and software to certain territories. No content from
the Website may be downloaded or otherwise exported in violation
of United States law or any other local law from where You
may be accessing the Website. You agree to comply with all
United States and foreign Federal, State and local laws and
regulations applicable to the use of the Website.
8. Limitation of Liability. ELV, ITS RELATED
COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS
MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE)
THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES,
BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT,
EVEN IF ELV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ALL OR PART OF THIS LIABILITY IS FOUND UNENFORCEABLE FOR
ANY REASON, THEN ELV'S MAXIMUM AGGREGATE LIABILITY UNDER SUCH
CIRCUMSTANCES FOR LIABILITY THAT WOULD OTHERWISE HAVE BEEN
LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
9. Assignment. The TOU may not be assigned
or transferred by You without the prior written consent of
ELV. ELV may assign the TOU to any affiliate or third party
in part or in whole.
10.1. Any controversy or claim arising out
of or in connection with the TOU, its enforcement or interpretation
("Dispute"), will be finally resolved solely in
accordance with the terms of this Section 10.
10.2. If a Dispute arises, the parties will
endeavor to resolve the Dispute through good faith negotiation
within forty-five (45) days of notification of the Dispute.
If the Dispute cannot be settled through good faith negotiation,
ELV and You will submit the Dispute to non-binding mediation
conducted by the American Arbitration Association ("AAA")
or any other mutually acceptable alternate dispute resolution
organization. Each party shall bear its own expenses but those
related to the compensation of the mediator shall be borne
equally. The parties, their representatives, other participants
and the mediator (and arbitrator, if any) shall hold the existence,
content and result of mediation in confidence. If the Dispute
is not resolved through mediation, claims may be brought in
a state or federal court of competent jurisdiction or resolved
through binding arbitration. Notwithstanding the foregoing,
ELV shall be entitled to take immediate legal action where
required to protect its confidential or proprietary information,
or to obtain any interim injunction.
10.3. Actions on Disputes between the parties
with respect to the TOU must be brought in accordance with
this Section 10 within two years after the cause of action
11. Governing Law. The validity, construction
and performance of this Agreement will be governed by the
substantive laws of the State of Nevada, without giving effect
to any provisions that would result in this Agreement being
governed by the law of any jurisdiction other than that of
the State of Nevada. The parties specifically disclaim the
UN Convention on Contracts for the International Sale of Goods.
Subject to Section 10, the parties hereby consent to the exclusive
jurisdiction of, and venue in, any federal or state court
of competent jurisdiction located in Nevada for the purposes
of adjudicating any matter arising from or in connection with
this Agreement. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE
RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED
UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT
AND/OR THE USE OF THE WEBSITE.
12. Access to Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas
of the Website is restricted to authorized users only. Unauthorized
individuals attempting to access these areas of the Website
may be subject to prosecution.
14.1 WHILE ELV ATTEMPTS TO PROVIDE ACCURATE
INFORMATION ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR
THE ACCURACY OF THE INFORMATION. ELV MAY CHANGE THE INFORMATION
ON THE WEBSITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT
NOTICE. MATERIAL, INCLUDING SOFTWARE, ON THE WEBSITE AND THE
WEBSITE ITSELF IS PROVIDED "AS IS" AND ELV DOES
NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
ELV SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE
OR ANY CONTENT OR MATERIAL ON THE WEBSITE.
14.2 ELV MAKES NO WARRANTY THAT (i) THE WEBSITE
WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL
BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
14.3 ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM ELV OR THROUGH OR FROM THE
WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
This constitutes the entire agreement between the
parties with respect to the Website and its use and, except
with respect to ELV Websites containing additional or different
communications between the parties and understandings, whether
written or oral.