Terms & Conditions


Welcome to elk-america.com. We make information available to you on elk-america.com subject to the following terms and conditions. If you visit the site, You accept these Terms + Conditions. Please read them carefully. This Agreement is between you (“you” or “user”) and ELI America, Inc. (“ELK America”) pursuant to which ELK America is prepared to grant you access to this Site. ELK America reserves the right to change this Agreement from time to time at its sole discretion, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of your use or purchase. If you do not agree with these terms of use, do not use this Site. This Agreement is in addition to your obligations and rights under the Privacy Policy posted on the Site. For the avoidance of doubt, in the event of a conflict between this Agreement and the Privacy Policy or other terms and conditions posted on the Site, this Agreement will control. If you are unsure of your rights under this Agreement, please contact us as set forth below.


ELK America grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of ELK America. This license does not include any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of elk-america.com or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ELK America. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ELK America and its affiliates (including the parent company, “Affiliates”) without express written consent from ELK America. Any unauthorized use terminates the permission or license granted by ELK America.


You can download the Screensaver from the Site and use it. The Screensaver is provided “as is” and your use of the Screensaver is at your own risk. The Screensaver may contain significant or insignificant program errors, bugs, and viruses, which may cause an operational interruption to your computer system. You must screen the Software for viruses before downloading to your computer. Except to the extent that such terms cannot be limited or excluded by law, no conditions, warranties, representations or other terms, whether express or implied shall apply with respect to the Screensaver. Except to the extent permitted by law, ELK America disclaims all liability (howsoever arising) in connection with any loss, damage and/or expense arising out of or in connection with downloading, installation or use of, or inability to use Screensaver. In particular and without limitation to the generality of the above, ELK America shall not be liable for any loss of uses of or damage to a computer equipment, software or data; any financial loss; indirect, special or consequential loss or damage. ELK America does not hold any obligation to answer any question about use of the Screensaver.


Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of ELK America or its licensors, sponsors or suppliers and are protected by trademark laws. The trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, ELK America. ELK America and its logo are, without limitation, among the registered trademarks of Eland Kids and its Affiliates. Infringement of any ELK America trademark is not permitted.


All content including product designs (including any and all collateral materials relating thereto) included on this Site are owned by ELK America and/or its licensors and protected by copyright laws and/or design patents. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content, in whole or in part, whether by email or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein. You are not allowed to use any product designs without ELK America’s express written agreement.


Visitors may submit suggestions, ideas, comments, questions, or other information, to our User Service Department so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. If you do submit material, you automatically grant ELK America and its Affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. You grant ELK America and its Affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity; that the content you supply does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such content is and will not be defamatory or libelous; and that you will indemnify ELK America and/or its Affiliates for all claims resulting from content you supply. ELK America has the right but not the obligation to monitor and edit or remove any activity or content. ELK America takes no responsibility and assumes no liability for any content shared by you or any third party through the Site.


This site and all information contained therein are provided by ELK America on an "As is" and "As Available" basis. ELK America makes no representations or warranties of any kind, express or implied, as to the operation and availability of this site or the information, content, materials, or products presented on the site. You expressly agree that your use of this site is at your sole risk. To the fullest extent permissible by applicable law, ELK America disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose. ELK America does not warrant that the site, its servers, or email sent from ELK America are free of viruses or other harmful components or errors. ELK America will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. In no event shall ELK America's liability to you in connection with this site and these terms and conditions and the privacy policy exceed $500.00. Certain state laws, including but not limited to, New Jersey's Truth-in-Consumer Contract and Warranty and Notice Act, do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have addition rights.


You agree to indemnify ELK America and its Affiliates against all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that ELK America may incur as a result of your breach of any of these Terms + Conditions or any claims brought against ELK America and/or its Affiliates relating to information submitted by you or actions taken by you to the fullest extent permitted by law and as broad and inclusive as is permitted by law in the State of New Jersey.  We will provide you with timely notice of any such claim, suit or proceeding.


 The parties to this agreement agree to arbitrate any claim, dispute, or controversy, including all statutory claims and any state or federal claims, that may arise out of or relating to ELK America.  By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes.


This Agreement shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to its conflict of law rules and applicable U.S. federal law. In the event of any dispute hereunder, you and ELK America hereby consent to the exclusive jurisdiction and venue of the courts of the State of New York in New York County or the Federal courts of the United States of America located in the Southern District of New York (as permitted by law). The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.


ELK America shall have no liability to you for any delay or failure in carrying out its obligations to any customer for reasons beyond ELK America’s control, including without limitation, acts of God, war or terrorism, natural disasters, charges in or compliance with laws, regulations or governmental policies and shortages of supplies and services. ELK America may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to ELK America with respect to any undelivered portion of the order so canceled.


By your continued use of this site, you acknowledge that you have read and understand these Terms of Use and you agree to act in accordance with its terms and conditions and be bound by them. These Terms of Use shall not be altered or modified in any way without the prior written consent of ELK America. ELK America’s failure to act with respect to a breach by you or others does not waive ELK America’s right to act with respect to subsequent or similar breaches. If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly and severally, assume all of your obligations set forth in this Agreement. If any part of this Agreement is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of this agreement shall continue to be valid and enforceable to the fullest extent permitted by law. If you have any questions regarding this Terms of Use for this Site, please contact us at customercare@elandkids.com.
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