This content use policy applies solely to ELUXR's collection of information through the ELUXR websites and ELUXR's use and disclosure of such information. It does not apply to any of the following: (a) ELUXR's collection of information through any website other than the ELUXR websites, or the use or disclosure of any information so collected; (b) ELUXR's collection of information offline, for example, by telephone or direct mail, or the use or disclosure of any information so collected; or (c) the collection, use or disclosure of information by any of our subsidiaries or affiliated entities or any third party.
ELUXR websites include information, data, text, photographs, graphics, video, messages, tags, or other materials (Content) from many people and entities, and such Content is the sole responsibility of the person or entity that provided it. This means that each user is entirely responsible for all Content that it emails, transmits or otherwise makes available while using the ELUXR websites (including third party service integrations that it enables through the ELUXR websites), and for the consequences of its actions (including any loss or damage which ELUXR may suffer) by doing so. ELUXR does not claim ownership of such Content and each user agrees that ELUXR may use, distribute, syndicate, reproduce, modify, adapt, publicly perform and publicly display such Content solely for the purpose of providing ELUXR’s products and services. However, user agrees and understands that ELUXR may not be able to (and has no obligation to user) to restrict any use of user’s Content by any other person, including other users, and that ELUXR has no control of user’s Content provided by or to the third party services that user authorizes or enables.
ELUXR controls and operates the ELUXR websites from its offices located in the State of New York, in the United States of America, and the ELUXR websites are not intended to subject ELUXR to the laws or jurisdiction of any state, country or territory other than those of the United States. ELUXR makes no representation or warranty that any ELUXR website, in whole or in part, is appropriate or available for use in other locations. Those who choose to access the ELUXR websites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable. Because our business changes continually, we reserve the right to change this User Guide without prior notice. User can determine when this User Guide was last revised by referring to the "LAST UPDATED" legend at the top of this page. Any changes to this User Guide will become effective upon posting of the revised User Guide on the Internet, accessible through the ELUXR websites. User’s continued use of the ELUXR products and services following the posting of changes to our User Guide will signify user’s acceptance of those changes.
THE INFORMATION WE COLLECT. We collect two basic types of information through the ELUXR websites: Personally Identifiable Information and Non-Personally Identifiable Information. "Personally Identifiable Information" (or PII) is information that identifies a user as an individual or entity — for example, user’s name, address, telephone number, email address, credit card information, billing address and shipping information. "Non-Personally Identifiable Information" (or Non-PII) is aggregated information, demographic information, IP addresses and any other information that does not reveal a user’s specific identity.
1. PERSONALLY IDENTIFIABLE INFORMATION (PII). User does not have to provide PII to access the ELUXR websites. However, in order for user to take advantage of particular opportunities provided through the ELUXR websites (for example, to register for an account with ELUXR, to make a purchase through a ELUXR website, to sign up to receive ELUXR email newsletters, or to make a payment to a ELUXR account through a ELUXR website), we may require that user furnish us with PII through the ELUXR websites. ELUXR will collect PII from each user through the ELUXR websites only when a user provides it to us voluntarily.
2. NON-PERSONALLY IDENTIFIABLE INFORMATION (NON-PII). When a user visits and interacts with the ELUXR websites, we and our third party and affiliated service providers who provide certain services (including without limitation website hosting, data analysis, newsletter services, order fulfillment, and other services of an administrative nature) (such third party and affiliated service providers, our Service Providers) may collect Non-PII (for example, a list of the ELUXR website pages a user visits). Non-PII is generally collected from four different sources: server log files, cookies, pixel tags, and information that user voluntarily provides.
• SERVER LOG FILES. A user’s Internet Protocol (IP) address is an identifying number that is automatically assigned to user’s computer by its Internet Service Provider (ISP). This number is identified and logged automatically in our and/or our Service Providers' server log files whenever user visits the ELUXR websites, along with the time(s) of user’s visit(s) and the page(s) that user visited. We use user’s IP address, and the IP addresses of all users, to calculate usage levels on the ELUXR websites, to help diagnose problems with the ELUXR websites' servers, and to administer the ELUXR websites. We also reserve the right to use IP addresses to communicate with users and, if necessary, to block access by users who fail to comply with our User Guide or other policies. Collecting IP addresses is standard practice on the Internet and IP addresses are collected automatically by many websites.
• PIXEL TAGS. We and our Service Providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some ELUXR website pages and HTML-formatted email messages to, among other things, compile aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to website visitors and may be associated with cookies on 'visitors' hard drives. Pixel Tags allow us and our Service Providers to count users who have visited certain pages of the ELUXR websites, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.
• OTHER NON-PERSONALLY IDENTIFIABLE INFORMATION THAT USERS VOLUNTARILY PROVIDE. We also collect certain Non-PII — for example, information about a user’s interests, geographic location, etc. — when a user voluntarily provides such information to us. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify a user of the ELUXR websites, for example, by using PII to calculate the percentage of our users who have a particular zip code or telephone area code. Such aggregate information is deemed to be Non-PII for purposes of this User Guide.
• OTHER INFORMATION ABOUT OTHERS. We may also collect and store personal information about other people that you provide to us when you use our Services, including (without limitation) first and last name, email address, phone, physical address, company name and other contact related fields. So, for example, you may sync your Google or Outlook contacts as your personal contact list on ELUXR platform. We use information you provide it about others in several ways, including (a) your personal contact list on ELUXR platform; (b) to allow you initiate communication with other people from your ELUXR contact list.
HOW DO WE USE THE PII WE COLLECT? We may use the PII we collect in the following ways:
• RESPONDING TO USER INQUIRIES AND FULFILLING YOUR REQUESTS. We may use user PII to respond to inquiries to ELUXR and to fulfill user requests — for example, to send a user newsletters that user requests upon signing up to join our mailing lists, to send updates about ELUXR news and events, provide user PII to ELUXR Independent Sales Representatives when such user provides it to us for such purpose, or to provide user PII to other ELUXR users and their Affiliates when such user provides it to us for such purpose.
• COMMUNICATING WITH USER ABOUT PRODUCTS AND SERVICES. Subject to a user’s right to opt out, we may use user PII to send information about specials, new products and services, and other items that may be of interest to such user.
• PERSONALIZING A USER’S ELUXR website EXPERIENCE. We may use user PII to personalize such user’s experience on the ELUXR websites, for example, by presenting products and offers to such user through the ELUXR websites that we believe may be of interest to such user.
• SENDING ADMINISTRATIVE EMAILS. From time to time, at our sole discretion, we may use user PII to send emails (a) to confirm user’s registration with the ELUXR websites, (b) to confirm a transaction through the ELUXR websites, (c) to inform user that we have received user’s PII, (d) to provide user with information regarding the ELUXR websites, or (e) to inform user of changes to this User Guide, or our other terms, conditions, or policies (Administrative Emails). Because this information may be critical to user’s use of the ELUXR websites, a user may not opt out of receiving Administrative Emails.
TO WHOM DO WE DISCLOSE THE PII WE COLLECT? We may disclose the PII we collect in the following ways:
• DISCLOSURE TO THIRD PARTIES. We may disclose user PII to third parties only when user affirmatively consents to such disclosure. However, we may disclose user PII to ELUXR Licensees and their Affiliates. For example:
• Disclosing user PII to ELUXR Independent Sales Representatives
• Facilitating Special Offers from Third Parties: From time to time, we may give a user the opportunity to opt in to participate in special third party offers that require us to share certain PII with such third parties. We will disclose this anticipated sharing of PII at the time we make such opportunities available to user. If a user opts in to participate in such an offer, we may disclose such user’s PII to such third parties for their direct marketing purposes. We recommend that users consult such third parties' privacy policies in advance if they wish to participate in these offers.
• ENABLING SERVICE\PRODUCTS PROVIDERS TO PROVIDE SERVICES\PRODUCTS. We may share user PII with Service\Products Providers for the purpose of enabling them to provide services\products. Although we seek to require our Service\Products Providers to treat PII confidentially, ELUXR is not responsible or liable for the statements, acts or omissions of such Service\Products Providers.
• FACILITATING SWEEPSTAKES, CONTESTS AND SIMILAR PROMOTIONS. We may, whether alone or in cooperation with third party sponsors, operate sweepstakes, contests and similar promotions (Promotions) through or in connection with the ELUXR websites. We typically ask users for certain PII when they enter or otherwise participate in a Promotion, and, if applicable, when they win a Promotion. We reserve the right to share this PII with affiliated and third party sponsors of such Promotions (Sponsors), or otherwise in accordance with the rules applicable to the Promotion. Users should carefully review the rules of each Promotion in which they participate through the ELUXR websites, as they may contain important additional information about our or Sponsors' use of user PII. To the extent that the terms and conditions of such rules concerning the treatment of user PII conflict with this User Guide, the terms and conditions of such rules shall control.
• FACILITATING "EMAIL A FRIEND" FUNCTIONALITY. If a user wishes to use a ELUXR website's functionality to send a friend a link to a ELUXR website page, the user must provide us with user’s name and email address, as well as user’s friend's name and email address, so that we may facilitate the sending of such link. User’s name and your email address will be disclosed to user’s friend in such email.
• BUSINESS TRANSFERS. We reserve the right to transfer any and all PII and Non-PII that we collect from users of the ELUXR websites to a third party in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of ELUXR's assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
• OTHER DISCLOSURES. Finally, notwithstanding any other provision of this User Guide, we reserve the right to disclose and use user PII if we believe that we are required to do so: (a) by law; (b) in response to legal process, for example, in response to a court order or a subpoena; (c) in response to a law enforcement agency's request; (d) to enforce the Terms and Conditions of Use or our other terms, conditions, or policies; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of ELUXR, the user or others; and/or (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about a user to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
HOW DO WE USE AND DISCLOSE THE NON-PII WE COLLECT? Because Non-PII does not personally identify a user, we reserve the right to use Non-PII, and to disclose Non-PII to third parties, for any purpose.
OPERATORS OF THIRD PARTY SITES AND SERVICES. The ELUXR websites may contain links to websites operated by third parties, or may embed services operated by third parties (Third Party Sites/Services), and those third parties may have privacy practices that are different from ours. If a user provides information through any Third Party Site/Service, such information will be collected by, and may be used and disclosed by such third parties, in accordance with the privacy practices and policies of such third parties. ELUXR website users should consult such third parties' privacy policies when using Third Party Sites/Services, as we have no control over the use or disclosure of information by third parties.
SECURITY. We are aware of concerns regarding the privacy and confidentiality of PII. We have put in place certain physical, electronic and managerial procedures to help us safeguard against unauthorized access to PII and to help maintain data security. For example, we use an encryption technology called Secure Sockets Layer (SSL) to help protect the transmission of certain information to and from the ELUXR websites. Unfortunately, no data transmission over the Internet or data storage solution will be 100% secure. As a result, although we take steps to protect user PII, we cannot ensure or warrant the security of any information any user transmits to or receives from us or that we store on our or our Service Providers' systems.
Each user is ultimately responsible for maintaining the secrecy of such user’s user name, passwords and/or any account information. Users are not permitted by ELUXR to, and we recommend that users do not, disclose their usernames and passwords to any other person. If any user has reason to believe that such user’s interaction with an ELUXR website is no longer secure (for example, if a user feels that the security of such user’s ELUXR website username or password has been compromised), such user must immediately notify us of the problem by contacting us in accordance with the section entitled "CONTACTING US," below. (Note that contacting us by physical mail will delay the time it takes for us to respond to such communication.)
OPTING OUT OF CERTAIN ELUXR COMMUNICATIONS. If a user would prefer not to receive email messages from ELUXR about new products, specials and other items of interest, such user may opt out from receiving such messages by following the "unsubscribe" instructions contained in any such emails user has received, or, if user has registered with a ELUXR website, such user may use that ELUXR website's "modify account information" or similar functionality to opt out from receiving such messages.
CHILDREN. The ELUXR websites are not directed to individuals under the age of thirteen (13), and we request that such individuals not provide personally identifiable information, or PII, through the ELUXR websites.
BOT FRAMEWORKS. As previously noted, none of the foregoing applies to the bot frameworks powered by third party service providers. Users should consult the bot policy with respect to such frameworks.
CONTACTING US. If you have any questions regarding this Statement, please contact us either by email at info@ELUXR.com, or by regular mail at ELUXR LLC, 1441 Broadway, Suite 6015, New York, NY 10018. Please note that email communications are not necessarily secure. Accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
ELUXR Incorporated and its affiliates (collectively, the "Company") provide service to you subject to the following Terms of Service, which may be updated by the Company from time to time without prior notice to you. Your use of the ELUXR Sites (as defined below) constitutes your agreement to these Terms of Service. The right to use the ELUXR Sites, or any product or service offered by the Company, is personal to you and is not transferable to any other person or entity. The Company may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
The "ELUXR Sites" shall mean all areas and any subscription or other paid products and services offered or operated by the Company on the World Wide Web or via any other electronic delivery mechanism. The ELUXR Sites consist of information services and content provided by the Company, affiliates of the Company and third parties. Your use of ELUXR areas on third-party sites, while subject to these Terms, is also subject to any terms and conditions imposed by those sites.
The Company shall have the right at any time to change or discontinue any aspect or feature of the Company Sites including, but not limited to, content, hours of availability, and equipment needed for access or use, without prior notice to you.
3. Use of the ELUXR Sites.
a. The ELUXR Sites may be used for lawful purposes only. No material shall be posted on or transmitted through the ELUXR Sites which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You may not upload, post or otherwise make available on the ELUXR Sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that any material you upload or contribute is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. No user may engage in conduct that, in the Company's judgment, restricts or inhibits any other user from using or enjoying the ELUXR Sites.
b. The ELUXR Sites contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the ELUXR Sites are copyrighted as a collective work under the United States copyright laws. The Company is the owner of the copyright in all the ELUXR Sites. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, modify, adapt, publish, display or commercially exploit any material from the ELUXR Sites without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the ELUXR Sites, no changes in or deletion of author attribution, trademark, legend, or copyright notice are permitted.
c. You hereby grant to the Company and its affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the ELUXR Sites and/or any e-mail sent by you to the Company (in whole or in part), and/or to incorporate them in other works in any form, media or technology now known or later developed.
d. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company considers to be offensive.
e. You shall provide the Company with accurate, complete and updated information at the time of registration.
f. You shall not engage in any activity which is contrary to or would adversely affect the purpose or intention of the ELUXR Sites, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Sites' services, in whole or in part, by, among other methods, registering multiple accounts under the same or different names.
g. The ELUXR Sites contain links to other web sites, resources and advertisers. The Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
h. You shall be responsible for obtaining and maintaining all telecommunications, computer hardware and other equipment needed for access to and use of the ELUXR Sites, and all charges related thereto.
i. The foregoing provisions of this Section are for the benefit of the Company, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
j. The Company has carefully designed the ELUXR Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the ELUXR Sites in any way that interferes with that purpose. In particular, the Company prohibits any party from displaying the content on the Company Sites in any format where third party advertising or other materials which the Company did not authorize are viewed or viewable together with the Company.s proprietary content.
The Company shall have the right, but not the obligation, to monitor the content of the ELUXR Sites to determine compliance with this Agreement and any other operating rules that may be established by the Company from time to time. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the ELUXR Sites that the Company, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of the Company, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither the Company nor any of its affiliates shall assume or have any liability for any action or inaction by the Company with respect to any conduct within the ELUXR Sites or any communication or posting on the ELUXR Sites.
5. Disclaimer of Warranty; Limitation of Liability.
a. YOU EXPRESSLY AGREE THAT USE OF THE THE COMPANY SITES IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE COMPANY SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES.
b. THE COMPANY SITES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
c. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
d. IN NO EVENT WILL THE COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE COMPANY SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE COMPANY SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE COMPANY SITES. THE COMPANY’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY.
e. THE COMPANY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE COMPANY SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMPANY SITES BY ANYONE OTHER THAN AUTHORIZED THE COMPANY EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE COMPANY SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE COMPANY SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
f. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE COMPANY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE COMPANY MAKES PRODUCTS OR SERVICES AVAILABLE ON THE COMPANY SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
g. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER THE COMPANY NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER THE COMPANY NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE COMPANY SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. THE COMPANY IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
You agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys. fees, arising out of the use by you of the ELUXR Sites.
The Company shall have the right to terminate your right to use the ELUXR Sites if the Company, in its sole discretion, considers you to be engaged in unacceptable conduct, or in the event of your breach of this Agreement.
All trademarks appearing on the ELUXR Sites are the property of their respective owners, including trademarks owned by the Company.
9. Subscription Services. The Company makes available to users certain online subscription services and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any paid subscription service or services offered by the Company on the ELUXR Sites (the "Subscription"):
a. Subscription Terms. The Subscription will continue until the Company receives notification of termination from you as described below. You authorize the Company to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accepted an offer that included a free trial period, your credit card account will not be charged until after the end of the free trial period. If you ordered in response to a free trial period offer, you may cancel the subscription process and avoid a charge to your credit card account by following the directions accompanying the trial offer. If you subscribed for a term of one (1) year or more, you will be notified by the Company before the account designated by you is charged after the first term.
b. Modification of Terms. The Company shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective thirty (30) days after notice thereof, which may be given by means including, but not limited to, posting on the ELUXR Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in Subsection (c) below. Any use of the Subscription by you after the change in terms is effective shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
c. Termination. Either you or the Company may terminate the Subscription Agreement at any time. Your only remedy with respect to any dissatisfaction with the terms of the Subscription, the content available through the Subscription, or the amount or type of fees or builling methods, is to to terminate this Agreement by sending notice to the Company at the customer service email address found under "Contact Us" and "For questions regarding your subscription." Notice of termination will be effective upon receipt by the Company. In the event that your account is terminated or canceled, no refund of any fees for services already provided, including a monthly membership fee, will be granted.
This Agreement and any operating rules for the ELUXR Sites established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
ACCOUNT HOLDERS WHO POST MATERIAL DEPICTING VIOLENCE, PORNOGRAPHY, CRUELTY, OR CRIMINAL CONDUCT WILL HAVE THEIR ACCOUNTS TERMINATED IMMEDIATELY, WITHOUT NOTICE. IF ANY OF THE MATERIAL VIOLATES ANY STATE OR FEDERAL LAWS, THE ACCOUNT HOLDER WILL BE REPORTED TO THE PROPER AUTHORITIES.
If you believe that any material posted on any ELUXR Sites violates your copyright, trademark or other intellectual property rights, please e-mail info@ELUXR.com.
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