Terms & Conditions
LICENSE AND SITE ACCESS
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.
TRADEMARKS AND SERVICE MARKS
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.
COMMUNICATIONS AND OTHER CONTENT
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
INDEMNIFICATIONYou 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.
GOVERNING LAW; EXCLUSIVE JURISDICTION
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.