Our Commitment to Fair Usage

• These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals may use the website www.elago.com (individually and together, the “Site”), owned and operated by ELYEL CORPORATION. (“elago” or “Company”).

• Please read these Terms before using the Site. By using the Site, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a purchaser on the Site ("Users").
• These Terms include the Company’s Privacy Policy, which is incorporated herein. If you object to anything in these Terms or the Privacy Policy do not access and/or use the Site.
• These Terms, including the Privacy Policy, are subject to change by Company at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Site. Changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check the Site for updates. Any use of the Site or the Products (as defined below) by you after the effective date of any changes will constitute your acceptance of such changes.

• For the avoidance of doubt, the "Site" shall mean www.elago.com and any other elago’s branded websites, web pages, mobile applications and mobile websites in operation in the United States, and the "Products" shall mean any of the various Products that Company provides through the Site or any other channels, including over the telephone. However, the terms "Site" and "Products" do not include the sites or products offered by any other elago’s affiliates and subsidiaries, including without limitation, our international subsidiaries. The products and sites offered by such other subsidiaries are subject to separate terms, which can be found on their respective sites and/or service materials. In addition, these Terms do not apply to third party entities that may use the Site or Products. Such entities' use of the Site and Products are subject to separate terms that they agreed when they registered with the Site.

Acceptance of Terms

• By accessing or using this Site you agree to be legally bound by the Terms and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Site. If you do NOT agree to all of these terms, you should NOT access or use this Site.

Modification of Terms

• These Terms may be amended by elago at any time. Such amended Terms shall be effective upon posting. By continuing to access or use the Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Company reserves the right to discontinue or make changes or updates with respect to the Site or the contents of the Site at any time without notice. Company reserves the right to restrict, refuse or terminate access of any person to the Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

Eligibility

• The Site is neither intended for nor designed to be used for submission of personally identifiable information by anyone who is less than 18 years of age. We do not collect personally identifiable information from anyone we actually know is a minor under the age of 13. If the Site becomes aware that any minor is submitting or has submitted personal information to the Site without parental consent, we will close the account and delete any personal information within our control as soon as possible. In addition, for purposes of the Children’s Online Privacy Protection Act (“COPPA”), the Site makes the following statement: the Site is not directed to or intended for persons under the age of 13. If the Site becomes aware that any person submitting personal information to the Site is under the age of 13, we will close the account and delete any personal information within our control as soon as possible.

Privacy Policy

• elago respects your privacy. Personal information provided or collected through or in connection with this Site shall only be used in accordance with Company’s Privacy Policy as attached here: https://www.elago.com/policies/privacy-policy

Disclaimers

• The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is" and "as available." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN COMPANY; (3) WARRANT THAT YOUR USE OF THE SITE WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
• IN ADDITION AND WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF OUR SITE TO PROVIDE THE PRODUCTS.
• You assume all risk when using the Site, including but not limited to all of the risks associated with any online transactions. Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including computer viruses.

Customer Registration

• Accessing certain areas of the Site and using certain functions or features of the Site may require you to register as a Customer. Please see Company elago’s Privacy Policy. Company reserves the right to cancel or refuse to fulfill any orders at any time.

Termination of User

• elago reserves the right in its sole discretion to terminate your access to all or part of the Site, to close your account and/or remove your profile and/or any content posted by or about you or on your behalf (together, “User Content”) from the Site, and/or to terminate your registration, for any reason or no reason, with or without notice. If we terminate your registration, Company has no obligation to notify you of the reason, if any, for your termination.

Limitation of Liability

• IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, THE CONTENT OR THE USER CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• UNDER NO CIRCUMSTANCES WILL COMPANY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID COMPANY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.

Third Party Content

• Company is in no way responsible for the content of any site owned by a third party that may be linked to the Site via hyperlink, whether or not such hyperlink is provided by the Site or by a third party in accordance with the Terms. Any link on our Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Site may link, and we take no responsibility therefor.

Copyright and Trademarks

• Copyright, trademarks, and all other proprietary rights provided by elago, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish the Site, the compilation of data on the Site, and the order, sequence and arrangement of this Site, all belong to Company and/or its brand licensees, other partners or licensors. All rights in the content not expressly granted herein are reserved. The content is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws and may not be reproduced, republished, transmitted, distributed, or used on any other website.

• elago is a registered trademark.
• The use and registration of the elago name is exclusively reserved to the Company. You may not register, nor use a company name, statutory name, trade name, domain name or other name, indication or description, that includes the elago name or any other registered trademark owned by elago.

Copyright Infringement Claims

• If you know or suspect that any of the materials on this Site (including but not limited to materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please send us a notice immediately at [email protected]. It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, §512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall in appropriate circumstances disable and/or terminate the accounts or passwords of users who may infringe or repeatedly infringe our or others' copyrights or other intellectual property rights.
• Notifications (each a "Notification") of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:
• Address of Designated Agent to Which Notification Should be Sent: [email protected]
• Pursuant to Title 17, United States Code, §512(c)(3), to be effective, the Notification must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
• 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; and
• A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Upon receipt of the written Notification containing the information as outlined in a through f above, and pursuant to Title 17, United States Code, Section 512; (i) we will remove or disable access to the material that is alleged to be infringing;(ii)we will forward the written Notification to the alleged infringer ("Subscriber"); and (iii)we will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.

Counter Notification:

• Pursuant to Title 17, United States Code, §512(g)(3), a Subscriber may counter a Notification by providing a written communication ("Counter Notification") to our designated agent that includes substantially the following:

• a physical or electronic signature of the Subscriber;
• 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 the Subscriber has 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
• the Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which our offices may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person.

• Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, §512:

• we will promptly provide the Complaining Party with a copy of the Counter Notification;
• we will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
• we will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.

California Civil Code §1789.3 Compliance

• Californians have rights to the following information pursuant to California Civil Code §1789.3 and California Business and Professions Code §17538: The mailing address for the Site is available in the “Contact” section of the Privacy Policy. Currently, there are no fees or charges associated with using the Site other than changes for purchases of elago products.

Indemnification and Release

• You agree to indemnify and hold harmless Company, its affiliates, subsidiaries, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Site or any violation of these Terms by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, Company reserves the right to reveal your identity and any other information Company may have about you.

Shut-Down of Site

•  We have the sole right to shut down the Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any content and/or User content submitted to the Site.

Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of the State of California. You agree to the exclusive jurisdiction of the courts in San Diego County, California, USA for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms or your use of this Site, including any disputes relating to the existence or validity of these Terms. You hereby waive any claim that San Diego County, California, is an improper or inconvenient forum under the doctrine of forum non convenience or otherwise.

Your Content Submission for Custom Orders

• elago has every right to reject any requests for customized orders if the content contains any offensive, threatening, obscene, pornographic, or profane material.

Severability

• If any provision of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

No Waiver

• No failure on the part of Company to enforce any part of these Terms shall constitute a waiver of any of Company' rights under these Terms, whether for past or future actions on the part of any person. Neither the receipt of any funds by Company nor the reliance of any person on Company's actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of Company shall have any legal effect whatsoever.