You will not (and will not allow any third party to):
- Upload, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, intimidating, abusive, defamatory, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically, or otherwise objectionable;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
- Upload, post, email, or otherwise transmit any Content that you do not have the right to transmit under any law or under contractual or fiduciary relationships;
- Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post, email, or otherwise transmit any Content that contains software viruses or worms or any other computer code, files, or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit, or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
- Upload, post, email, or otherwise transmit any Content that intentionally or unintentionally violates any applicable local, state, national, or international law or regulation; or
- Upload, post, email, or otherwise transmit any Content that contains inaccurate information or that constitutes impersonation of another person or entity.
The Website may contain areas in which you may post Content. By using these areas, you acknowledge and agree that the Content you provide may be available to other users. Ellevation is not liable for any statements, representations, or comments provided by its users in any public forum. Although Ellevation has no obligation to screen, edit, or monitor any of the content or comments posted to its Website, Ellevation reserves the right to remove, edit, or refuse to post Content in its sole discretion.
You may also provide us with suggestions, comments, or other feedback (“Feedback”) with respect to our products and services. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind in connection with our business, including the enhancement of our products and the Website.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, ELLEVATION AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED.
ELLEVATION ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE WEBSITE, ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE WEBSITE’S ACCESSIBILITY, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE WEBSITE, ANY CONDUCT BY OTHER USERS ON THE WEBSITE, OR UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR SERVERS.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT ELLEVATION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, USE OR DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ELLEVATION HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES, CONTENT OR SOFTWARE AVAILABLE THEREON, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS, OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE OR THE SERVICES, CONTENT OR SOFTWARE AVAILABLE THEREON. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE ELLEVATION OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
When you visit this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on this Website, or by regular mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Applicable Law; Jurisdiction and Venue
We control our Website from our offices within the United States. We make no representation that the content on our Website is appropriate, legal, or available for use in other locations. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export any content on our Website in violation of United States export laws and regulations. Any claim relating to our Website or the services or content provided through our Website shall be governed by the laws of the Commonwealth of Massachusetts, without reference to its choice of law provisions.
Arbitration and Dispute Resolution.
Ellevation does not currently offer any “bug bounty” program at this time for any reported computer, software, or network vulnerabilities. Any legitimate and valid reported security vulnerabilities will be greatly appreciated, but no compensation can be offered at this time.
Web Browser Support
Access to the Website requires the use of a web browser. Ellevation recommends the use of “modern” web browsers with release dates within the last 18 months for maximum performance and security. Additionally, Ellevation cannot be expected to support all browser extensions. Browser extension compatibility, even for supported browsers, is the responsibility of the user.
Digital Millennium Copyright Act
The Online Copyright Infringement Liability Limitation Act (OCILLA), a portion of the Digital Millennium Copyright Act known as DMCA Section 512, is a U.S. federal law that provides a safe harbor to online service providers that promptly take down content if someone alleges it infringes their copyright. In accordance with this Act, Ellevation has implemented procedures for receiving written notification of claimed infringements and for processing such claims.
If you believe that material hosted by Ellevation on the Website copies your work in a way that constitutes copyright infringement, you (or your agent) may contact our Copyright Agent listed below, who is designated pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), and provide the following information:
- The complaining party’s address, telephone number, and/or email address;
- Identification of the allegedly infringing material that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material (including, if possible, a link to the material);
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement under penalty of perjury that the information in the notification is accurate that the complaining party is the owner or authorized to act on behalf of the owner of the copyright in the work that is allegedly infringed; and
- A physical or electronic signature of a person who is the owner or authorized to act on behalf of the owner of the copyright in the work that is allegedly infringed.
Notices should be sent to:
38 Chauncy St., 9th Floor
Boston, MA 02111
If we take measures to remove or disable content, we will make a good-faith attempt to contact the user who uploaded the content so that he or she may make a counter-notification pursuant to 17 U.S.C. § 512(g) of the Copyright Act. Your complaint, along with your personally identifying information, may be shared with the user who uploaded the content at issue. It is our policy to document all notifications of alleged infringement on which we act. As with all legal notices, a copy of the notification may be sent to one or more third parties who may make it available to the public.
If you are a user of the Website, and Content that you have uploaded has been removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. § 512(g) of the Copyright Act. To be effective, the counter-notification must be a written communication sent to the Copyright Agent listed above that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, for any U.S. judicial district in which Ellevation may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.