Terms of Use
Terms of Use
This Site is owned and operated by Ellistic Inc. (“Ellistic”). Please review the following rules that govern your use of the Site (“Terms of Use”).
Your access and use of the site is subject to the following terms of use and all applicable laws. By accessing or using any part of this site, you accept, without limitation or qualification, these terms of use. If you do not agree with all of the terms of use set forth below, you may not use any portion of the site.
Authorized Use of the Site:
This Site is provided for your personal use only. You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on this Site.
Privacy:
Please review our Privacy Policy available at ellistic.com to understand our data collection, use, and privacy practices.
Accuracy of Information:
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
Unauthorized Use of the Site:
You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on the Site. You may not use any such automated means to manipulate the Site. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including via means of overloading, “flooding,” “mailbombing,” or “crashing” the Site. You may not frame portions of the Site within another website or resell use of, or access to, the Site to any third party without our prior written consent.
Information Provided:
To access certain services on the Site, you will be required to provide specific information. All information must be truthful. You may not use aliases or mask your identity. We may suspend or terminate your access at any time with or without notice. Additionally, we may modify or discontinue the Site without notice, and we will not be liable for any resulting impact.
Proprietary Rights:
Ellistic is the owner or licensee of all content on the Site, including software, graphics, designs, copyrights, trademarks, service marks, trade names, and other intellectual property. Some materials belong to third parties authorized for use by Ellistic. You agree not to copy, distribute, modify, reverse-engineer, disassemble, or reformat any content without written consent. All rights not expressly granted are reserved by Ellistic.
License to Your Content:
You grant Ellistic a non-exclusive, worldwide, royalty-free license to display, distribute, reformat, and use any content you upload to the Site (“User Content”). Ellistic may remove any content at its discretion and without notice.
Standards for User Content:
You are responsible for your User Content and must have the rights to upload it. Your content must not violate privacy, publicity, or intellectual property rights, or be illegal, obscene, or defamatory. We reserve the right to edit or remove content for any reason. You are solely liable for your posts.
Prohibited Activities:
You agree not to post or transmit any content that is offensive, illegal, infringing, contains software viruses, or is part of any solicitation.
Links:
This Site may contain links to external sites not operated by Ellistic. We are not responsible for their content or privacy practices. Please review their terms and privacy policies.
Disclaimer of Warranties; Limitation of Liability:
The site and all content are provided “as is” and “as available,” without warranties of any kind. Ellistic disclaims all express or implied warranties including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site or its content is accurate, error-free, or that defects will be corrected. In no event shall ellistic or its affiliates be liable for more than (i) the amount you paid for the product or service, or (ii) $10. We are not liable for indirect, incidental, consequential, special, or exemplary damages, even if advised of the possibility. Some jurisdictions do not allow these limitations, so they may not apply to you.
You acknowledge that these limitations apply to all experiences and services offered through the Site. If any part is deemed unenforceable, liability will not exceed the amount you paid, if any, for accessing or using the Site.
You understand that your participation in Ellistic’s services is for informational or entertainment purposes only and not a substitute for medical advice. Ellistic does not diagnose or treat medical conditions. Any decisions made from services provided are at your own risk, and you release Ellistic and its staff from all liability. You affirm you are of sound mind and fit to participate.
Changes:
We may change these Terms of Use at any time without notice. Check the Site regularly for updates. Your continued use indicates acceptance of the revised terms.
Indemnification:
You agree to indemnify and hold harmless Ellistic and its employees from any claims, liabilities, costs, or damages arising from your breach of these Terms or misuse of the Site.
Severability:
If any provision is deemed invalid or unenforceable, it shall not affect the remaining terms, which will remain in full force and effect.
Waiver; Remedies:
Ellistic’s failure to enforce any provision does not waive its right to do so later. Remedies under these Terms are cumulative and not exclusive.
Survival:
The provisions regarding warranties, intellectual property, indemnification, and governing law will survive termination of these Terms.
International Access:
The Site is operated in the U.S. and may not comply with laws outside of the U.S. If you access it from another country, you do so at your own risk and are responsible for compliance with local laws.
Governing Law:
These Terms are governed by the laws of the State of New York. You consent to the jurisdiction of the courts in New York County, New York for all disputes related to these Terms, your use of the Site, or any transactions with Ellistic.
Questions:
If you have any questions about these Terms of Use, please contact us at hello@ellistic.com.