Terms of Use

Please Read Carefully Before Using This Website


1. Acceptance of Terms

Elluminate, Inc. ("Elluminate") provides the materials on this website (the “Site") as a service for its users. By using this Site, you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. Although you may bypass the Terms of Use on occasion, your use of this Site binds you to these terms. Elluminate may amend or modify these Terms of Use or impose new conditions at any time without notice. Since your access to or use of the Site binds you to these Terms of Use, you should re-visit this Notice of Terms of Use periodically to review the terms of your use.

2. General Use Restrictions

The content, text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, artwork, computer code, advertising, information, PDF files and/or other materials and media formats (the “Materials") on this Site are protected by copyrights, trademarks, trade secrets and/or other proprietary rights of Elluminate and its respective manufacturers, authors, developers and/or vendors ("Third Party Provider"), as well as by applicable intellectual property protection laws and unfair competition laws. Except as provided below, you may not reproduce, distribute, download, transmit, display or “mirror” any of the Materials on this Site or any other website owned, operated, licensed or controlled by Elluminate without the express prior written permission of Elluminate or the respective Third Party Provider of the Materials.

For purposes of these Terms of Use, the use of any Materials on this Site on any other website or networked computer including the linking to any Materials on this Site from any other website is strictly prohibited without the express prior written permission of Elluminate. In addition, you may not “deep-link” or use robots, spiders or other automatic devices, programs, algorithms or methodologies to monitor, access, copy or acquire any Materials or portions of this Site. Further, you may not obtain or attempt to obtain unauthorized access to any portion of this Site or services offered by this Site by hacking, password or user ID mining or other unauthorized means. If you breach any of these Terms of Use, in addition to all other rights and remedies available to Elluminate, your authorization to use this Site will automatically terminate without further notice and you must immediately destroy or delete all Materials obtained from this Site.  Except as expressly provided, Elluminate does not grant any express or implied license to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights.

In addition to the above, any software made available to download from this Site is copyrighted by either Elluminate or a Third Party Provider, and use of such software is governed by the terms of any applicable license agreement which accompanies or is included with such software. You are not authorized to download, install or otherwise use such software unless you have read and accepted the terms of any such applicable license agreement.

3. Communications From You To The Site

All communications from you to the Site will be considered non-proprietary and non-confidential. Elluminate shall have no obligations of any kind regarding such communications and is permitted to use and disclose such communications for any purpose without restriction. You are solely responsible for your communications including, without limitation, their legality under all laws and regulations.

4. Links To Other Sites

The Site may provide links to other websites or resources over which Elluminate does not have control ("External Websites"). Elluminate provides these links solely for the convenience of its users. If you decide to link to an External Website, you do so entirely at your own risk. By using this Site, you acknowledge and agree that Elluminate is not responsible for the availability, content, advertising, products, information and Materials of such External Websites, and does not endorse such External Websites.

5. Disclaimer of Warranty

THE SITE IS PROVIDE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ELLUMINATE DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY OF THE MATERIALS ON THIS SITE OR ANY EXTERNAL WEBSITE LINKED TO THIS SITE. ELLUMINATE TAKES NO RESPONSIBILITY FOR VIRUSES OR OTHER DESTRUCTIVE OR INTRUSIVE COMPUTER PROGRAMS THAT MAY DAMAGE YOUR COMPUTER SYSTEM OR DATA, RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE OR ANY EXTERNAL WEBSITE LINKED TO THIS SITE. ELLUMINATE EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH ELLUMINATE MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE.

6. Limitation of Liability

NEITHER ELLUMINATE NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEBSITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, EVEN IF ELLUMINATE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification

You agree to defend, indemnify and hold harmless Elluminate and its affiliates, representatives, partners, agents and employees from all liabilities, claims, costs and expenses, including attorneys’ fees that arise out of or in connection with your use of the Site or your transmission of communications or Materials from the Site.

8. Trademarks

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Elluminate or others used on this Site are the property of Elluminate or their respective owners. You may not remove or alter any Trademark. You may not use any Trademark displayed on the Site without the express prior written permission of Elluminate or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks. If authorized to use Elluminate’ Trademarks, see Trademark Usage Guidelines. 

9. Maintenance of the Site

Elluminate reserves the right at any time to (a) modify, supplement or supersede any portion of the Site or the Site itself and any applicable terms thereof; (b) suspend or cease operation of or access to any portion of the Site or the Site itself; and (c) temporarily suspend operation of any portion of the Site or the Site itself within Elluminate’ sole discretion to perform maintenance, fix any errors, implement any updates or upgrades, make other changes or for any other reason.

10. Privacy Policy

By using this Site, you consent to the terms and conditions of the privacy policy of Elluminate, which is available at http://www.elluminate.com/Other/Privacy_Policy/?id=10. You further agree to comply with all governing privacy-related laws and regulations regarding the access, storage and use of personal information in connection with this Site.

11. Applicable Laws

This Site is operated and controlled from Elluminate’s offices in Calgary, Alberta, Canada. Any claim that arises in relation to this Site shall be governed by Canadian. No choice of law rules of any jurisdiction will apply and the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any dispute involving this Site, the Materials or these Terms of Use. With the exception of Elluminate’ rights to enforce its proprietary rights to the Materials, any such claim shall be brought exclusively in a court of competent jurisdiction sitting in the city of Calgary, Alberta, Canada. You agree to submit to the exclusive jurisdiction of such courts.

Elluminate makes no representation or warranty that any communications or Materials on the Site are lawful in other jurisdictions or available for use in all jurisdictions. Accessing the Site where the Materials are illegal is prohibited. If you access the Site from another jurisdiction, you are entirely responsible for compliance with applicable laws, including, without limitation, the export and import regulations of such jurisdictions related to the Materials.

12. Severability; Waiver

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law or is otherwise voided, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, consistent with applicable law. All other provisions shall remain in full force and effect. The failure of Elluminate to enforce any right or provision of these Terms of Use at any time shall not constitute a waiver or expectation of non-enforcement of such right or provision.

13. Entire Agreement; Amendment by Elluminate Only

These Terms of Use, together with the additional terms (if any) on expressly designated pages of this Site, constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all prior or contemporaneous agreements, discussions or communications, whether written or oral, between any Elluminate representatives and you. Elluminate may amend or modify these Terms of Use as described in Section 1 hereof. You have no right to amend these Terms of Use, nor can these Terms of Use be orally modified. Your only recourse and remedy if you do not agree to each and every term of these Terms of Use is to discontinue use of the Site.

Elluminate may update these Terms of Use at any time by updating this posting, and any updated Terms of Use shall be binding on you. You should visit this Terms of Use page from time to time to review the then-current Terms of Use.