Online Terms and Conditions of Use
The following Online Terms and Conditions of Use (the “Agreement”) form a legally binding agreement between you and Eluciniere, LLC (the “Company”). When used in this Agreement the terms “us”, “we” and “our” shall refer to the Company, and the terms “you” and “your” refer to users of our website.
By using eluciniere.com (the “Site”) or registering for any service provided through the Site you agree to be bound by the terms set forth below. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE THE SITE OR REGISTER FOR ANY SERVICE PROVIDED THROUGH THE SITE.
We reserve the right to change the terms that follow at any time at our sole discretion, and effective upon notice to you. You agree that we may provide notice of any changes via email or by posting new or modified terms on the Site. Your continued use of the Site or any service provided through the Site constitutes your acceptance of any changes to this Agreement. The current version of these terms, which supersede all previous versions, can be reviewed at eluciniere.com.
Online Terms and Conditions of Use are effective as of March 9, 2023.
1) By accessing and using the Site, you agree to the following:
(a) you have reached the age of majority under the laws of your principality;
(b) you have not been judged legally incompetent;
(c) any information you provide through the Site is true, accurate and complete to the best of your knowledge;
(d) you will not go around any of the security features of the Site;
(e) you will not attempt to add any malicious code to the Site;
(f) you will not use the Site for any illegal or unauthorized purpose;
(g) your acceptance of the terms of this Agreement does not conflict with any applicable law or contractual obligation; and
(h) you will follow all other terms and conditions contained in this Agreement.
2) We reserve the right to deny you access to the Site at our sole discretion if at any time if we believe you have violated the terms of this Agreement.
3) The Site may contain links to other websites that we do not operate. The fact that a link appears on our Site does not mean we endorse or sponsor the content on that website. By using these links you understand and accept that we are not responsible for the content on such websites. YOU AGREE TO RELEASE THE COMPANY AND OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND CONTRACTORS FROM LIABILITY FOR ANY INJURY OR DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM YOUR USE OF SUCH OTHER WEBSITES.
Disclaimer of Warranties
4) Content provided through the Site is for informational purposes only. The Site is not intended to provide any professional advice. You agree to independently investigate any information found on the Site for accuracy, including consulting a qualified professional, before acting based on such information.
5) The Site’s content is provided “as is”. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT OF THE SITE’S CONTENT
6) WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT:
(a) THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE WILL MEET YOUR NEEDS;
(b) YOUR ACCESS TO THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED, SECURE, AND FREE FROM DEFECT AND MALICIOUS SOFTWARE; OR
(c) KNOWN DEFECTS WILL BE FIXED IN A TIMELY MANNER.
7) YOU AGREE TO RELEASE THE COMPANY AND OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND CONTRACTORS FROM LIABILITY FOR ANY INJURY OR DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ERRORS, OMISSIONS OR DISCREPANCIES IN THE SITE’S CONTENT.
8) YOU AGREE TO HOLD THE COMPANY AND OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND CONTRACTORS HARMLESS FOR ANY INJURY OR DAMAGES, BOTH DIRECT AND INDIRECT, THAT MAY RESULT FROM YOUR USE, OR INABILITY TO USE, THE SITE AND ITS CONTENT, WHETHER SUCH CLAIMS ARE OF A CONTRACTUAL OR TORTIOUS NATURE.
9) Applicable law may limit our right to disclaim certain warranties or limit liability for certain claims. YOU AGREE THAT IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY NATURE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO ACCESS THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE.
10) YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND CONTRACTORS FROM ANY THIRD-PARTY CLAIMS OR DEMANDS ARISING FROM OR RELATED TO:
(a) YOUR USE OF THE SITE;
(b) LIBELOUS, SLANDEROUS, OR OTHER TORTIOUS STATEMENTS MADE OR REPUBLISHED BY YOU USING THE SITE; AND
(c) YOUR NEGLIGENT, RECKLESS, PURPOSEFUL OR OTHERWISE TORTIOUS OR CRIMINAL BEHAVIOR WHILE USING OUR SITE.
11) The content on our Site may be subject to copyright, trademark, servicemark, or patent protection. Use of the Site does not grant you permission to print, copy, download, reproduce, display, or distribute the Site’s content.
12) If material appears on the Site in a manner that you believe violates your rights, please notify us using the contact information at the end of this Agreement. When reaching out, please provide the following information:
(a) a copy or description of the material;
(b) the web address where the material has been published on our Site;
(c) evidence of the material’s prior creation or publication;
(d) a statement detailing why you believe our use of the material is unauthorized; and
(e) your contact information (address, telephone number, and email address).
13) The following terms apply specifically to the purchase or use of any product or service provided through the Site.
14) The purchase or use of any product or service provided through our Site grants you a non-exclusive, non-transferable, and revocable license to use such product or service. You may only use such product or service as expressly permitted in this Agreement.
15) We reserve all ownership and other rights in any products or services offered through the Site, except for the rights granted in this Agreement. We shall retain title to any software offered through the Site (both as recorded on the original media and on any subsequent media), any software documentation, and any copies thereof in any form. We shall retain all intellectual property rights in and to the products or services offered through the Site except where we agree otherwise in writing.
16) You shall not:
- a) disassemble, decompile, reverse engineer, or modify any software provided via the Site;
- b) examine any software provided via the Site with debugging, memory inspection or disk inspection tools;
- c) rent or sublicense access to any software;
- permit used of any software to those who are not employees, officer, contractors, or agents;
- e) transmit an electronic copy of any software by any means; OR
- f) use our Site for the provision of services to third-parties.
17) You shall not use the products or services provided through the Site to offer or provide services to any third-party.
18) You shall not use the Company’s name or the name of any products or services provided through the Site in any advertising, or promotional or public statement without our prior, written consent.
19) You may be required to create an account to use a product or service on our Site. You agree that you are responsible for keeping your username and password secure and confidential. You accept responsibility for all activities that occur under your account.
20) We reserve the right to terminate your account at any time if we reasonably believe you have violated the terms of this Agreement. Notice of termination will be provided via email at the email address connected to your account. Notice is considered delivered when sent.
21) If we determine, in our sole discretion, that termination of your account is warranted due to your violation of the terms of this Agreement, you understand and acknowledge that you shall not be entitled to a refund of any amounts paid to access any product or service provided through the Site.
22) You agree to pay any applicable fees, in exchange for continued access to any product or service offered through the Site.
23) Prior to accessing a product or service provided through the Site, you may be required to complete one or more purchase pages. Purchase pages will indicate the applicable fees, the duration of the license that accompanies payment of the fees, and any additional terms regarding your purchase. You agree that any additional terms contained in a purchase page that you complete prior to your purchase is hereby incorporated into this Agreement by reference. Where the terms of any applicable purchase page conflict with the terms contained herein, the terms of the purchase page shall control.
24) The applicable fees (i.e. purchase price) for any product or service shall be paid as indicated on the applicable purchase page(s). The entire fee for any license to use products or services provided through our Site must be paid before you may access such product or service. If the entire fee is not paid, your license may be terminated immediately. You agree that we are not obligated to provide any product or service purchased through the Site until we receive confirmation that the applicable fee(s) has been paid.
25) After placing an order, you will receive an email acknowledging and confirming your order.
26) Refunds may be granted at our sole discretion based upon the terms contained on the applicable purchase page at the time of purchase, or any other agreement between you and the Company. To request a refund, contact us using the contact information provided below.
27) All products and services provided through our Site are provided “as is” without any guarantee, except where otherwise indicated in this Agreement.
28) You agree that any purchase made through the Site is for your personal use or the use of your company only, and not for resale or export.
29) Audit of Use. We reserve the right to audit your use of any products or services provided through our Site. Such audits shall be conducted solely to determine your compliance with the terms of this Agreement. If we identify unauthorized use of any product or service provided through our Site, your license to access such product or services shall be terminated, effective immediately, and you shall be charged an additional fee for each unauthorized user on your account.
30) If you experience any issues with a product or service provided through the Site you may contact us for support from 9a-5p EST using the contact information provided below.
31) If you find any errors or defects in a product or service provided through the Site, you may contact us using the contact information at the end of this Agreement.
32) You understand and accept that we may render any service or product provided through the Site temporarily unavailable conduct maintenance on such product or service. You agree that any unavailability of a product or service provided through the Site due to routine maintenance shall not be considered a breach of this Agreement.
33) IN THE EVENT THAT A PRODUCT OR SERVICE PROVIDED THROUGH THE SITE IS UNAVAILABLE DUE TO ERRORS OR DEFECTS, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE A PRORATED REFUND OF ANY FEES PAID FOR THE APPLICABLE PERIOD DURING WHICH SUCH PRODUCT OR SERVICE WAS UNAVAILABLE.
34) You accept full responsibility for ensuring that any product or service provided through the Site is compatible with your hardware, software, and any other tools that you may use to access the Site.
Ownership, Copyrights, Trademarks, Licenses
35) The Company owns and retains all proprietary rights to the Site, its trademarks and copyrights. Except for any information in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of the Site or the Company. .
38) You agree that we do not waive our right to enforce the terms of this Agreement by failing to insist on the performance of any obligation. Your breach of this Agreement may only be waived expressly. Unless otherwise stated, a one-time waiver is not considered a waiver of further breach of the same term.
39) The terms of this Agreement shall be interpreted to provide each term with maximum validity. If any portion of this Agreement is determined to be invalid, the remaining portions shall remain in full force and effect.
40) This Agreement shall not create any third-party rights or obligations.
41) This Agreement is governed by the laws of the Commonwealth of Pennsylvania, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before local or federal courts located in Philadelphia, Pennsylvania. By accessing and using the Site, you hereby consent to the jurisdiction of any such court.
42) You understand and agree that checking the box indicating that you have read and agree to this Agreement is the electronic equivalent of a written signature on this document.
Company Contact Information
If you have questions or concerns about this Agreement, please contact us at:
Company name: Eluciniere, LLC
Company address: 5311 Florence Ave, #23686, Philadelphia, PA 19143
Company phone number: 267-207-3953
Company email address: email@example.com