Table of Contents
Effective Date: January 1st, 2022
ACCEPTANCE OF TERMS
SCOPE OF USE
CONSENT TO ELECTRONIC SIGNATURE
Elamant may, from time to time, ask you to accept this Agreement, along with other online agreements and disclosures. By providing your acceptance, you will be providing your electronic signature that will affirm:
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
Because we will need to contact you from time to time to provide documents, notifications, and the like, you agree to keep your contact information up to date. You consent to receive all communications from us using such contact information. Your contact information can be updated by logging into your account. You agree to fully and unconditionally waive and release all claims resulting from failure to receive future communications because of changes in your contact information.
You hereby consent to receive communication from Elamant by e-mail. You can opt-out of such communications by sending us an e-mail to firstname.lastname@example.org or following the instructions in any e-mail we send you.
LICENSE GRANT FROM ELAMANT
In connection with the license grant, you agree that you shall not and will not try to reverse engineer, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents, or materials on or received via the Elamant Portal. You understand and acknowledge that such actions are likely to subject you to severe civil and criminal legal penalties and that Elamant shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You also acknowledge and agree that all content and services available on the Elamant Portal are the sole property of Elamant and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. All rights not expressly granted herein are fully reserved by Elamant, its advertisers, and licensors.
LICENSE GRANT TO ELAMANT
Unless otherwise agreed upon by you and Elamant, any communications or material of any kind that you e-mail, post, or otherwise transmit through the Elamant Portal, including data, questions, comments, or suggestions (your “Communications”) shall be the exclusive property of Elamant. You agree to assign any rights you have regarding these Communications under all copyright, trademark, trade secret, patent, or other intellectual property law, statute, or rule. To the extent that you retain any right or interest in any Communications whatsoever, you hereby grant to Elamant an exclusive, irrevocable, worldwide license to use, reproduce, adapt, disclose, transmit, publish, broadcast, or post your Communications either on the Elamant website or elsewhere with no liability or obligation to you of any kind.
USE OF THE ELAMANT PORTAL
You agree that you will not: (i) use any electronic communication feature of the Elamant Portal for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful; (ii) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the express written permission of the owner of such rights; (iii) use the Elamant Portal for any commercial purpose not expressly approved by Elamant in advance in writing; (iv) use the Elamant Portal in connection with surveys, contests, pyramid schemes, ponzi schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
You acknowledge and agree that you shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. The foregoing provisions of this section are for the benefit of Elamant, its subsidiaries, affiliates, and agents (which term includes but is not limited to Elamant’s third-party service and content providers) and licensors, and each shall (subject to applicable laws) have the right to assert and enforce such provisions directly or on its own behalf.
Elamant reserves the right to terminate your access to the Elamant Portal at any time, without notice, for any reason whatsoever, and you agree that Elamant will not be liable to you or any third party for any termination, suspension, or modification of your access and to your account.
Elamant reserves the right at all times to disclose any information it deems reasonably necessary to satisfy any applicable law, regulation, legal process or governmental request; or to edit, refuse to post or to remove any information or materials, in whole or in part and for any reason whatsoever, in its sole discretion. Materials uploaded to the Elamant Portal may be subject to posted limitations on usage, reproduction, and/or dissemination; you acknowledge and agree that you are responsible for adhering to such limitations if you download the materials. Always use caution when giving out any personally identifiable information in any service. Elamant does not control or endorse the third-party content, messages, or information found in the Elamant Portal. Elamant disclaims any and all liability with regard to the Elamant Portal and any actions resulting from your participation in the Elamant Portal. Community leaders, Elamant Members, Elamant Mentors, and individuals selling Elamant Keys (aka ‘Passes’, ‘Codes’, etc) are not authorized Elamant Corporate spokespersons, and their views do not necessarily reflect those of Elamant.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Electronic (including wired and wireless) communications through the Elamant Portal may not be encrypted. You understand and acknowledge the risk that data, including e-mail, and other communications, along with personal data, may be accessed by unauthorized third parties when communicated in this way.
You agree to complete the registration process by providing Elamant with current, complete, and accurate information as prompted by the applicable registration form. You also agree to provide the true and correct information in response to all portions of the registration form, shopper’s profile, and any other personal information requested by Elamant.
You will also choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Elamant immediately by sending an e-mail to email@example.com or firstname.lastname@example.org of any unauthorized use of your account or any other known or suspected breach of security. YOU AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD ELAMANT LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY MISUSE OF YOUR LOGIN INFORMATION, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. You also acknowledge that you may be held liable for losses incurred by Elamant or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
By agreeing to these Terms, you warrant that you are at least 18 years old. If you are under 18 years old, you may neither open an account with Elamant nor use the services provided by Elamant. If Elamant is notified of the existence of an account for a person under 18 years old, Elamant will, in its sole discretion, close and Terminate that account.
Elamant offers certain exclusive services and opportunities to users who pay a regular subscription fee (“Active Members”). You may become an Active Member either by paying Elamant directly through one of the available payment methods or by obtaining and redeeming an Elamant Key. More information regarding Elamant Keys, Business Portal, Mentorship earnings, and other membership benefits, restrictions or limitations, can be found in the Policies & Procedures. You should carefully review these additional terms before registering a membership or purchasing or using an Elamant Key. If you choose to redeem, purchase, transfer, or otherwise use an Elamant Key, you agree to abide by all of the requirements and guidelines in the Policies & Procedures, as well as any other rules put in place by Elamant regarding Elamant Keys.
YOU FURTHER EXPRESSLY AGREE THAT THIS IS NOT AN INVESTMENT CONTRACT, AND ELAMANT MAKES NO WARRANTY THAT YOU WILL RECEIVE SOME OR ANY PECUNIARY COMPENSATION FROM YOUR USE OF THE PORTAL, INCLUDING YOUR USE OF THE MENTORSHIP PROGRAM OR PURCHASE OF ELAMANT KEYS. YOU AGREE AND ACKNOWLEDGE THAT NEITHER ELAMANT AND ITS THIRD-PARTY AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, OR LICENSORS WILL BE LIABLE FOR ANY EXPECTED REWARDS, COMPENSATION, OR OTHER PECUNIARY BENEFIT.
WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL 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, THE ELAMANT PORTAL AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, BREACH OF WARRANTY, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT ELAMANT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ELAMANT, ITS THIRD-PRATY AFFILIATES, ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, LICENSORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR PROVIDING THE ELAMANT PORTAL OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ELAMANT PORTAL. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ELAMANT NOR ITS THIRD-PARTY AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE ELAMANT PORTAL, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. ELAMANT SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELAMANT PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE ELAMANT PORTAL WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ELAMANT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOU OR THE RELEVANT PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE, DATA; NOR SHALL ELAMANT BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ELAMANT PORTAL, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE RELATED TO THE ELAMANT PORTAL. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ELAMANT OR ITS AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT, OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE ELAMANT PORTAL, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY ELAMANT. ELAMANT, ITS THIRD-PARTY AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICER, DIRECTORS, OWNERS, EMPLOYEES, OR LICENSORS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF ELAMANT AND/OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE ELAMANT PORTAL; (II) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ELAMANT PORTAL; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE ELAMANT PORTAL; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE ELAMANT PORTAL. YOU AGREE THAT YOU UNCONDITIONALLY AND FULLY WAIVE AND RELEASE AND WILL NOT IN ANY WAY HOLD OR SEEK TO HOLD ELAMANT RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE ELAMANT PORTAL.
Because some jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such states, the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Elamant and its agents, employees, distributors, and agents is limited to the greatest extent allowable under applicable law in those jurisdictions.
LINKS TO THIRD-PARTY SITES
LINKS FOUND IN THE ELAMANT PORTAL MAY LET YOU LEAVE THE ELAMANT PORTAL TO ENTER OTHER SITES. YOU ACKNOWLEDGE THAT SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF ELAMANT, AND ELAMANT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE OR ANY CHANGES OR UPDATES TO SUCH SITES. ELAMANT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ELAMANT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY ELAMANT.
You agree that neither Elamant nor its agents will be liable for any costs, damages, expenses, or any other liability incurred by you as a result of any such monitoring activity, and fully and unconditionally waive and release all such claims.
You agree to fully and unconditionally defend, indemnify and hold harmless Elamant, its affiliates, and their respective owners, directors, officers, employees, and agents from and against all Federal, State, and International, claims, demands, losses, costs, and/or expenses, including attorneys’ fees, arising out of the use of the Elamant Portal by you or by your account on the Elamant Portal.
The term Elamant, along with any associated logos, product names, company names, and other logos found on the Elamant Portal, unless otherwise noted, are trademarks and/or trade dress of Elamant, INC. All rights reserved. All other trademarks appearing on the Elamant website or within the Elamant Portal are the property of their respective owners.
You agree that any arbitration under these terms will take place on an individual basis; class arbitrations and class actions are not permitted, and you agree to give up the ability to participate in a class action. Notwithstanding anything to the contrary in this section or any other provision of these terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as and to the extent amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties, with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the provisions of these terms and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Click “I Agree” for Your Signature
As noted above, by clicking “I agree” you will be signing this Agreement with a binding electronic signature, and you acknowledge that you have read and understood this Agreement’s terms and conditions and have had the opportunity to confer with an attorney of your choosing about this Agreement’s terms and conditions prior to clicking “I agree”.