1. Eligibility; Eileses Site Access.
IN THE EVENT YOU ARE ACCESSING THE EILESES SITE ON BEHALF OF A CORPORATE OR OTHER ENTITY, REFERENCES TO “YOU” HEREIN SHALL BE DEEMED TO REFER TO YOU IN YOUR INDIVIDUAL CAPACITY, AS WELL AS TO THE ENTITY ON WHOSE BEHALF YOU ARE ACCESSING THE EILESES SITE. THE EILESES SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE EILESES SITE. BY USING THE EILESES SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE EILESES SITE. EILESES RESERVES THE RIGHT TO BLOCK AND/OR SUSPEND ACCESS TO THE EILESES SITE TO ANY USER AT ANY TIME FOR ANY REASON.
SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, Eileses grants you limited and revocable permission to access and use the Eileses Site solely for your personal, noncommercial purposes, as set forth in these Terms and consistent with the intended features of the Eileses Site.
2. Privacy and other Policies.
b) Guidelines. When using the Eileses Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
3. Prohibited Conduct: Your permission to use the Eileses Site is conditioned upon your compliance with the following restrictions. You shall not do or attempt to do any of the following:
a) Access or attempt to access content or features of the Eileses Site other than as intended and through the publicly accessible interface features of the Eileses Site.
b) Use the Eileses Site on behalf of any third party, or in connection with any type of “service bureau” activity;
c) Impersonate another user, person, or entity, or misrepresent the source, identity, or content of information transmitted via the Eileses Site;
d) Use any bot, spider, or other automated program or process to access the Eileses Site, except for the sole purpose of crawling the Eileses Site in connection with legitimate indexing services of commercially available general purpose search engines, and solely in compliance with our robots.txt file; or
e) Use the Eileses Site for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email or telephone marketing.
4. Modification of the Site and Terms. From time to time, Eileses may change, modify, add, or remove portions of the Eileses Site and/or these Terms, and reserves the right to do so in its sole discretion on a going forward basis. If we modify the Terms, we will make them available through the Eileses Site, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. All amended Terms automatically take effect the earlier of 30 days after they are made available through the Eileses Site or your use of the Eileses Site with actual knowledge of the amended Terms, except that (i) disputes between you and Eileses will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Eileses Site. Your continued use of the Eileses Site after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.
5. Prohibited Uses.
a) Access to the Eileses Site from territories where its contents are illegal is prohibited. The Eileses Site is designed for customers in the United States and the European Union. Those who choose to access the Eileses Site do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You also agree and understand that your data may be transferred to other jurisdictions for processing.
b)You may not use the Eileses Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Eileses Site. You may not attempt to gain unauthorized access to the Eileses Site, or any part of it, other accounts, computer systems or networks connected to the Eileses Site, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Eileses Site or any activities conducted on the Eileses Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Eileses Site. You may not modify the Eileses Site in any manner or form, nor use modified versions of the Eileses Site.
c) The Eileses Site may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the Eileses Site for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Eileses Site.
6. Ownership; Proprietary Rights.
The Eileses Site is owned and operated by Eileses Capital, LLC. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable materials), services, and all other elements of the Eileses Site provided by Eileses (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials, including all intellectual property rights therein, belong to Eileses or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Eileses or its affiliates and/or third party licensors. Except as expressly authorized by Eileses, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
If you choose to provide input or suggestions to Eileses regarding the Eileses Site or any Eileses product or service (“Feedback”), then you hereby grant Eileses an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and any purpose, including to improve the Eileses Site and create other products and services.
7. Third Party Sites, Products and Services; Links.
The Eileses Site may include links to other web sites or services, solely as a convenience to users (“Linked Sites”). Eileses does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Eileses makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the Eileses Site is solely between you and such third party. YOU AGREE THAT EILESES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE EILESES SITE.
Except as explicitly stated otherwise, legal notices will be served on Eileses at Eileses Capital, LLC, 595 Market Street, Suite 2430, San Francisco, CA 94105. Legal notices will be served on you by posting through the Eileses Site.
9. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EILESES AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EILESES DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE EILESES SITE TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE EILESES SITE, AND NOTHING ON THE EILESES SITE SHALL BE DEEMED OR INTERPRETED TO CONSTITUTE ANY WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE OF EILESES OR ANY OF ITS SUPPLIERS, AFFILIATES, OR PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
10. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES WILL EILESES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE EILESES SITE, EVEN IF EILESES OR AN EILESES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EILESES’ OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE EILESES SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE EILESES SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM; OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold Eileses, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Eileses Site, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. Eileses reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Eileses, and you agree to cooperate with our defense of these claims. Eileses will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The Eileses Site is offered by Eileses Capital, LLC, located at 595 Market Street, Suite 2430, San Francisco, CA 94105; Eileses may be contacted by email at firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.