Terms and Conditions Governing the Use of the Elevian.com Website

Updated: November 19, 2018

 
 
 

Introduction

Welcome to the Elevian.com website (“Website”). Elevian, Inc. (“Elevian”) created and maintains this website to provide information to and communicate better with potential customers and investors, and others who may be interested in learning more about Elevian and the products and services it offers. You may use this website, provided you comply with these terms and conditions.

In addition to these terms and conditions you should also read and be aware of the provisions of our Privacy Policy, which discloses the Elevian practices regarding the collection and use of your personal information, and other policies that govern other parts of the Elevian Website.

Your Acceptance of These Terms and Conditions

PLEASE TAKE A FEW MINUTES TO CAREFULLY REVIEW THESE TERMS AND CONDITIONS. BY ACCESSING AND USING THIS WEBSITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, USE OR DOWNLOAD MATERIALS FROM THIS WEBSITE.

These Terms and Conditions May Change

Elevian reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this Website.

Copyright Notice and Limited License

Everything you see and hear on this Website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights for the Content are owned by Elevian or by one of its affiliates, or by third parties who have licensed their materials to Elevian. The entire Content of this website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Elevian owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Website, provided you:

  • Only use the Content you download for your personal, noncommercial use or to further your business dealings with Elevian

  • Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Elevian

  • Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Elevian

  • Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality

No right, title or interest in the downloaded Content is transferred to you when you download Content from this Website. Elevian reserves all intellectual property rights in any Content you download from this Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Elevian.

Digital Millennium Copyright Act Compliance. 

Elevian respects the intellectual property rights of others and does not permit copyright infringing activities on the Website.  If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works at the Website;

  • 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 Elevian to locate the material;

  • Information reasonably sufficient to permit Elevian 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. 

The Elevian Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Elevian, Inc., Attn: Designated Copyright Agent, 90 Bridge Street, Suite 100, Newton, MA 02458, or by email at: jeff@Elevian.com.  For clarity, only DMCA notices should go to the Elevian Designated Copyright Agent.  Any other feedback, comments, requests for technical support or other communications should be directed to Elevian customer service through info@Elevian.com.  You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid. 

Trademark Notice

All of the trademarks, service marks and logos displayed on this Website (the “Trademark(s)”) are registered and unregistered trademarks of Elevian, one of its affiliates, or third parties who have licensed their Trademarks to Elevian or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining written permission from Elevian.

Unsolicited Ideas

Elevian welcomes your comments and feedback regarding this Website. All information and materials, including comments, ideas, questions, designs, and the like, submitted to Elevian through this Website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting information or materials to Elevian through this Website, you assign to Elevian, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Elevian will be entitled to use any information or materials you submit through this website for any purpose whatsoever subject to the Elevian Privacy Policy, without restriction and without compensating you in any way.

Website Privacy Policy

Click here to view the Elevian Website Privacy Policy pertaining to the use of personal data collected through this website, which is incorporated by reference as part of these Terms and Conditions.

Links to Other Websites

This site may contain hyperlinks to websites that are not operated directly by Elevian. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third-party websites or any association with their operators. Elevian does not review or control these websites and is not responsible for their content. Elevian expressly disclaims any responsibility for the content of any third party websites linked to the Elevian Website or the products or services of such third party. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Elevian does not make any representations regarding the content or accuracy of materials on such non-Elevian websites or the products or services of any third party operating such websites. Your access and use of these websites (and the websites to which they link) is solely at your own risk.

Global Availability

Because different countries around the world have different laws and regulatory requirements, some medical devices and treatments are available in some countries and not in others. This Website contains references or cross references to Elevian products, programs and services that may not be available or announced in your country. These references do not imply that Elevian intends to announce such products, programs or services in your country. Consult your local Elevian sales representative or contact Elevian directly if you have questions about which products, programs and services may be available to you in your area.

DISCLAIMER OF WARRANTIES

THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY MAKES NO CLAIMS THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE WEBSITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITHIN THE LAWS OF YOUR JURISDICTION.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION TO, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.

TERMINATION

If we offer member only access to one or more sections of this Website, you agree that we may terminate or suspend your use of the Website without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. You also agree that we will not be liable to you or any third party for any termination of your access to the Website.

GOVERNING LAW AND JURISDICTION

This Website is controlled and operated by Elevian from its offices within the State of Massachusetts within the United States of America. Any claim relating to these Terms and Conditions and/or the use of this Website shall be governed by the laws of the State of Massachusetts. By using this Website, you consent to personal jurisdiction in the federal and state courts of Massachusetts for any action arising out of or relating to this Website, these Terms and Conditions or your use of this Website. The federal and state courts of Massachusetts shall have exclusive jurisdiction over all such actions.

SEVERABILITY AND NO WAIVER

If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term.

ENTIRE AGREEMENT

These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and Elevian with respect to your access to and/or use of this Website and the Content and shall not be modified except by Elevian as provided herein or through a written document signed by both parties. Elevian may assign its rights and duties under these Terms and Conditions and the Privacy Policy to any party at any time without notice to or approval by you.