ELT Terms of Use
Legal Information
Copyright Notice
All copyrightable text and graphics, the original selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this web site are [©2009] ELT, Inc. Permission is granted to download and print materials from this website for the purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of ELT, Inc. is strictly prohibited. ELT, Inc., and Legal Engineering, are registered trademarks of ELT, Inc. Other trademarks are owned by their respective owners.
Terms of Use
ELT, Inc. ("ELT") provides this website (the "Site") subject to your compliance with the terms and conditions set forth in these Terms of Use (the "Site Terms"). By using the Site, you agree to be bound by these Site Terms. If you do not agree to these Site Terms, you must not use the Site. ELT may at any time, in its sole discretion, revise or otherwise update these Site Terms by posting amended Site Terms on the Site and any changes will be effective immediately upon posting. Your use of the Site following the posting of updated Site Terms constitutes acceptance of those terms. Further, ELT reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice.
No Legal Advice. The information and materials available on the Site (the "Materials") are for informational purposes only and are not intended to and do not constitute legal advice or a solicitation for the formation of an attorney-client relationship. No attorney-client relationship is created through your use of the Site or your receipt of the Materials.
Privacy Statement. Your access to and use of the website is subject to the Privacy Policy.
Public Forums and Links to Third Party Sites. The Site may make forums, message boards, and/or news groups available to its users. Any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. The Site also contains links to other Web sites. ELT is not responsible for the privacy practices or the content of such Web sites.
Proprietary Rights. You acknowledge and agree that the Site and the Materials are and shall remain the property of ELT or its licensors and are protected by copyright, trademark, and other proprietary rights and laws and all such rights are reserved. Except as expressly authorized in advance by ELT, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the Materials. Notwithstanding the foregoing, and subject to your compliance with these Site Terms, ELT grants to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Site and the Materials via the Internet solely for purposes of viewing such materials and (b) to print out pages of the Site for your personal, non-commercial use. Trade names, trademarks, service marks and domain names (collectively, "Marks") of ELT include, without limitation, ELT, Inc., Legal Engineering, and any associated logos. All Marks on the Site that are not owned by ELT are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the Marks without ELT's prior express written permission. If you violate any part of the Site Terms, your right to access and/or use the Materials and the Site shall automatically terminate and you shall immediately destroy any copies you have made of the Materials.
User Conduct. You agree to comply with all applicable laws and regulations in connection with your use of the Site. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Site. Without limiting the foregoing, you agree not to (a) attempt or to enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any ELT server or to any of the Materials, through hacking, password theft or any other means; (b) attempt or enable other to attempt to obtain any Materials through any means that ELT has not intentionally made available on the Site.; or (c) use the Site or the Materials in any manner that could damage, disable, overburden, or impair any ELT server, or the network(s) connected to any Littler server, or that might interfere with any other person's access to or use or enjoyment of any Materials.
Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site hosted by ELT infringe your copyright, you (or your agent) may send us a notice requesting the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov for details). Notices and counter-notices with respect to the Site should be sent to ELT at:
By Mail:
ELT, Inc.
160 Pine Street, Suite 200
San Francisco, CA 94111
By Email: dmca@elt.com
Limitation of Liability and Disclaimer of Warranties. THE SITE AND THE MATERIALS ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ELT, ITS AFFILIATES AND ITS SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ELT, ITS AFFILIATES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR MATERIALS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ELT, ITS AFFILIATES AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS. TO THE EXTENT THAT ELT MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF LITTLER'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to defend, indemnify and hold harmless ELT, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site; (b) any violation of these Site Terms by you; (c) any improper or unauthorized use of the Materials by you; and (d) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party. ELT reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting ELT’s defense of such matter.
Governing Law and Venue. These Site Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Site Terms or your use of the Site or Materials shall be brought exclusively in the Federal or State courts located in San Francisco County, California, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Termination. ELT reserves the right, in its sole discretion, to restrict, suspend, or terminate the Site Terms and your access to all or any part of the Site or the Materials at any time and for any reason without prior notice or liability. ELT reserves the right to change, suspend, or discontinue all or any part of the Site or the Materials at any time without prior notice or liability. The sections titled “Proprietary Rights,” “Limitation of Liability and Disclaimer of Warranties,” “Indemnity,” “Termination,” and “Miscellaneous” shall survive termination of the Site Terms.
User Must Comply With Applicable Laws. We make no claims concerning whether the Materials may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Materials from outside the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Materials.
Governing Law and Venue. These Site Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Site Terms or your use of the Site or Materials shall be brought exclusively in the Federal or State courts located in San Francisco County, California, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Miscellaneous. If any provision of these Site Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of ELT and you as reflected in the provision, and that the other provisions of these Site Terms remain in full force and effect.. The failure of ELT to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Site Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and ELT, nor trade practice, shall act to modify any provision of these Site Terms. These Site Terms are not assignable, transferable or sublicensable by you. These Site Terms comprise the entire and exclusive agreement between you and ELT with respect to your use of the Site and Materials, superseding any prior agreements or negotiations between you and ELT with respect to your use of the Site.
These Site Terms were last updated December 2011.
