1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Any use of this Website, as well as the purchase and/or use of any product or service provided by the Company (“Product” and “Service” respectively) shall be deemed an explicit acceptance of this Terms and Conditions. We reserve the right to update the Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our web pages and would be in effect commencing the date of its first post herein.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information
or software) on Elastic Cloud Gate LLC's web site for personal, non-commercial transitory
viewing only. This is the grant of a license, not a transfer of title, and under
this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial
or non-commercial);
- attempt to decompile or reverse engineer any software contained on Elastic Cloud Gate LLC web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other
server.
- This license shall automatically terminate if you violate any of these restrictions
and may be terminated by Elastic Cloud Gate LLC at any time. Upon terminating your viewing
of these materials or upon the termination of this license, you must destroy any
downloaded materials in your possession whether in electronic or printed format.
- Elastic Cloud Gate LLC uses Amazon Web Services. You agree to uphold Amazon’s Web Services License Agreement
to whatever extent it applies to your usage of Amazon and Elastic Cloud Gate LLC.
3. Disclaimer
- The materials on Elastic Cloud Gate LLC web site are provided "as is". Elastic Cloud Gate LLC makes no warranties, expressed or implied, and hereby disclaims and negates
all other warranties, including without limitation, implied warranties or conditions
of merchantability, fitness for a particular purpose, or non-infringement of intellectual
property or other violation of rights. Further, Elastic Cloud Gate LLC does not warrant
or make any representations concerning the accuracy, likely results, or reliability
of the use of the materials on its Internet web site or otherwise relating to such
materials or on any sites linked to this site.
4. Limitations
In no event shall Elastic Cloud Gate LLC or its suppliers be liable for any damages (including,
without limitation, damages for loss of data or profit, or due to business interruption,)
arising out of the use or inability to use the materials on Elastic Cloud Gate LLC's Internet
site, even if an Elastic Cloud Gate LLC authorized representative
has been notified orally or in writing of the possibility of such damage. Because
some jurisdictions do not allow limitations on implied warranties, or limitations
of liability for consequential or incidental damages, these limitations may not
apply to you.
5. Revisions and Errata
The materials appearing on Elastic Cloud Gate LLC web site could include technical,
typographical, or photographic errors. Elastic Cloud Gate LLC does not warrant that any
of the materials on its web site are accurate, complete, or current. Elastic Cloud Gate LLC may make changes to the materials contained on its web site at any time without
notice. Elastic Cloud Gate LLC does not, however, make any commitment to update the materials.
6. Payment and Cancellation of Service
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- Amazon will charge you for the usage of their web services per your agreement with them - http://www.amazon.com/gp/browse.html?node=3440661, when you registered for an Amazon Web services account.
- You are solely responsible for properly canceling your Elastic Cloud Gate LLC account. An email request to cancel your account is not considered cancellation. You can cancel your account at any time by simply clicking on the Cancel Account button on the prefs page.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
7. Refund Policy
Considering the nature of the Products and Services provided by the Company, to
the extent permitted under the applicable law, the Company would not refund any
amounts paid for any product or service purchased from the Company.
If you believe that the Product you have purchased is defective, you may apply the
Company to replace the Product or remove the defects. This right shall be your sole
remedy in the even of a defect in the Products.
8. Limited License and End User License Agreement
The Product provided to you by the Company may be accompanied by an End User License
Agreement (“EULA”), which would include specific provisions applicable to such Products.
The EULA is an integral part of this Terms and Conditions. In the event of any contradiction
between the provisions hereof and the provisions of the EULA, the provisions of
the EULA shall prevail.
BY INSTALLING, COPYING, OR OTHERWISE USING ANY OF THE COMPANY’S PRODUCTS, YOU CONFIRM
YOUR AGREEMENT TO BE BOUND BY ALL OF THE PROVISIONS OF THIS TERMS AND CONDITIONS
and of the EULA. Upon your acceptance of the Terms and Conditions and the EULA,
the Company grants you a non exclusive, non transferable, limited license to use
the Product in the manner set forth herein and in the EULA.
The Product remains the exclusive property of the Company. As long as you fully
comply with the terms in this Terms and Conditions and the EULA, you may use the
Product as set forth in the Terms and Conditions and the EULA. You must not give,
provide or transfer the Product or any copies of it to any other persons or entities.
You must take reasonable steps to prevent any third party from copying the Product
from one of your computers or removable devices. You must not attempt to reverse
compile, modify, translate or disassemble the Product, in whole or in part. The
Company reserves the right to revoke your license if you violate any or all of the
provisions of this license agreement. Any rights not expressly granted herein are
reserved. The following products : indicators, radar screens and showmes are lisenced
out for for a period of one year from date of purchase. After a year you may visit
our Website and receive a free lisence extension for another year.
9. Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE.” .
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXCLUDED THE COMPANY MAY
MAKE AVAILABLE, AS PART OF THE SERVICES OR IN PRODUCTS, TOOLS AND UTILITIES FOR
USE AND/OR DOWNLOAD. THE COMPANY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES.
10. Limitation of Liability
The Company and its representatives do not accept any responsibility to any defects
in the Products, or results thereof, which are made or caused by the users or any
other persons or entities which are not directly related to the Company, including,
without limitation, as a result of inappropriate use or storage of the Products
or an attempt to alter the Products in any way.
The Company and its representatives do not accept any responsibility for any potential
loss or damage (direct or indirect, material or moral) of any kind resulted from
the use of the Products, the Services or any information found on this Website.
These include (but are not limited to) damages or injury caused by any: Use of (or
inability to use) the site, use of (or inability to use) any site to which you hyperlink
from this Website, failure of Website to perform in the manner you expected or desired,
error on or defect on Website, delay in operation or transmission of Website, computer
virus or line failure.
Any information found on this Website, the Services, the Products, and the information
and actions provided by them do not represent offers to buy or sell securities,
commodities, currencies etc. Anyone involving in financial transactions does that
at his or her own risk and expense, and the Company and its representatives shall
not be held responsible for damages of any kind resulting from trading real money
on the market on the account of the information found here.
BY USING THE PRODUCTS OR THE SERVICES OFFERED BY THE COMPANY OR BY USING THIS WEBSITE,
YOU AGREE THAT THE COMPANY OR ITS REPRESENTATIVES AND ANY OTHER ENTITIES ASSOCIATED
WITH THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL CONSEQUENTIAL
LOSS OR ANY DAMAGES WHATSOEVER ARISING FROM THIS USAGE, OR THE USE OF ANY INFORMATION,
SIGNALS, SOFTWARE, MESSAGES, MANUALs, WORKSHEETs, INSTRUCTIONS, ALERTS, DIRECTIVES
AND/OR ANY OTHER INFORMATION CONTAINED, PROVIDED OR GENERATED BY THE PRODUCTS, THE
SERVICES OR OTHERWISE. YOU USE THIS SITE, THE PRODUCTS AND THE SERVICES OFFERED
BY THE COMPANY AT YOUR OWN RISK. NEITHER GUARANTEES OF PERFORMANCE, RESULTS NOR
IS ANY ANTICIPATED RETURN ON INVESTMENT OFFERED AT ANY TIME. IN NO EVENT SHALL THE
COMPANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PRODUCTS, DOCUMENTS, PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE PRODUCTS OR
SERVICES. THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT,
GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT
WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS
AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND
MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEADOM FROM COMPUTER VIRUS,
IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
11. Links
Elastic Cloud Gate LLC has not reviewed all of the sites linked to its Internet web site
and is not responsible for the contents of any such linked site. The inclusion of
any link does not imply endorsement by Elastic Cloud Gate LLC of the site. Use of any
such linked web site is at the user's own risk.
12. Personal Information and Advertisements
By accepting these Terms and Conditions you acknowledge and agree that the Company
store any personal information provided by you to the Company. The Company will
not transfer your personal information to any third party without your prior approval.
The Company shall have the right to use your personal information in order to send
you advertising materials of the Company. You may request the Company to cease sending
such advertising materials to you at any time, simply by sending an email to the
Company.
13. Site Terms of Use Modifications
Elastic Cloud Gate LLC may revise these terms of use for its web site at any time without
notice. By using this web site you are agreeing to be bound by the then current
version of these Terms and Conditions of Use.
14. Governing Law
Any claim relating to Elastic Cloud Gate LLC's web site shall be governed by the laws
of the State of Massachusetts without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
PLEASE NOTE THAT USE OF OUR WEBSITE IMPLIES KNOWLEDGE AND ACCEPTANCE OF THE TERMS
AND CONDITIONS SET FORTH ABOVE.