TERMS OF USE

Welcome to www.ellevatenetwork.com (the “Site”). The Site is the property of, and is operated by, 85 Broads Unlimited LLC dba Ellevate Network (hereinafter “Ellevate” or “we”). We invite all visitors to, or users of, the Site (“You”) to carefully review these Site terms of use (“Terms of Use”) and the Privacy Policy before continuing to access or use the Site. Please click on the link to our Privacy Policy and review our Privacy Policy. By accessing or using the Site, You accept to be legally bound by these Terms of Use. If You do not accept these Terms of Use, You are not permitted to use the Site and You must discontinue access or use of the Site.

Proprietary Content, Third Party Content and Trademarks

Proprietary Content. All right, title and interest in and to the Site and all of its content, including, but not limited to, its software or HTML code and other computer code contained therein, trademarks, copyrights, text, articles, graphics, user interfaces, visual interfaces, scripts, artwork, photographs, images, designs, video, audio and written materials and other materials that appear as part of the Site (collectively, “Content”) are owned by Ellevate, its subsidiaries or affiliates, and/or their licensors. All Content is protected by national and international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know how and any other similar intellectual property rights recognized under applicable laws, international conventions or international treaties in any country or jurisdiction in the world.

Ellevate will have the right to claim ownership at any time of its proprietary Content published on the Site and to oppose any use of its proprietary Content that is not expressly permitted by Ellevate.

Third Party Content. The Site may contain content created by third parties, information obtained from public sources and/or links to external web sites or web pages operated by third parties (the “Third Party Content”). You acknowledge and agree that Ellevate does not have any control and cannot monitor such Third Party Content and will not be responsible or liable for the accuracy, security, legality or reliability of any Third Party Content. Access to any Third Party Content is at Your own risk, and Ellevate will have no liability to You for any loss or damage that You may suffer (including, but not limited to, any loss or damage to Your computer equipment) arising out of or related to Your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of products or services available on or through any such Third Party Content.

Ellevate Trademarks and Logos. All trademarks, trade names, service marks, logos, brand names and product names included on the Site are the exclusive properties of Ellevate, its subsidiaries or affiliates, or used with the permission of their respective owners (“Trademarks”). These Terms of Use do not allow You to use the Trademarks in any manner whatsoever, without the express prior written consent of Ellevate.

Your Use of the Site

Non-Permitted Uses. You are permitted to use the Site and the Content for Your private, personal and non-commercial use only and always in compliance with these Terms of Use. You may not and may not permit, assist or allow any third party to:

(i) copy, reproduce, publish, transmit, distribute, perform, upload, post, publicly display, encode, translate, modify, alter or create derivative works from, sell, license or otherwise distribute this Site or any Content, including, but not limited to, mirroring, framing or linking to any other computer, server or web site;

(ii) access or use this Site or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on Your own web site;

(iii) use any deep-link, page-scrape, robot, spider or any other automatic or manual processes, to access, acquire, copy or monitor the Site or any Content or any portion thereof, or in any way reproduce the structure or presentation of the Site or any Content, or circumvent any copy-protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;

(iv) access or attempt to access any portion or feature of the Site You are not allowed to access without authorization, or any other systems or networks connected to the Site or any Ellevate server, by hacking, password mining or any other illegitimate means. You may not use anyone else’s password or Account (as defined below) at any time without the express permission and consent of the holder of that password or Account;

(v) (1) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach any security or authentication measures on the Site; (2) reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Site; (3) exploit the Site or any service or information made available or offered by or through the Site; or (4) use the Site or the Content for any unlawful purposes or for any purposes not allowed by these Terms of Use or for soliciting the performance of any illegal activity or for any other activity which infringes the rights of Ellevate or others; or

(vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or any systems or networks connected to the Site. You agree not to use any device, software or routine to interfere, or attempt to interfere, with the proper working of the Site or with any other person’s use of the Site.

Any other use of the Content or material on this Site, including reproduction for the purposes other than Your private, personal and non-commercial use, modification, distribution or republication, without the express prior written consent of Ellevate, is strictly prohibited. Your limited right to use the Content and the Site terminates automatically, without notice to You, if You breach any of these Terms of Use.

Registration and Accounts. You acknowledge and agree that to access certain locations or features of the Site, You may need to register and open an account (“Account”). Thereafter, You may need to provide certain Personal Data (as defined in the Privacy Policy), as well as a user name and a password, in order to access such locations or features of the Site. You are responsible for maintaining the confidentiality of Your user name and password, and You will be responsible for all activities that occur under Your Account or user name. You agree to (i) notify Ellevate immediately if You discover that Your Account or user name is being used by a third party without Your consent or of any other breach of security; and (ii) ensure that You exit from Your account at the end of each session.

Ellevate cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Ellevate may, at its exclusive discretion and at any time, cancel Your Account or take appropriate measures to suspend Your access or use of the Site for security or maintenance purposes or if Ellevate has reason to believe that You are breaching these Terms of Use. Ellevate may also cancel Your Account if Ellevate has reason to believe that a third party is using Your Account without Your consent.

Use of Information

Your information may be used in different ways, including, but not limited to, the following:

We may use Your contact information in order to send You email or other communications regarding updates to the Site, such as new Ellevate events and additional job listings which may be of interest to You.

We may use the information we gather on the Site, whether personal, demographic, collective or technical, for the purpose of operating and improving the Site, fostering a positive user experience, and delivering the services that we offer.

We may also use the information we gather to inform You of other products or services available from Ellevate or our affiliated companies or to contact You about Your opinion of current products and services or potential new products and services that may be offered.

Any feedback You submit in this area becomes the property of Ellevate, and such feedback (such as success stories) may be used for marketing purposes or to contact You for further information.

While Ellevate encourages any third parties involved to adhere to our policies regarding the privacy of our members and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from Ellevate or independently. Nevertheless, in the event You encounter any third party associated with, or who claims association with Ellevate, whom You feel is improperly collecting or using information about You, please contact info@ellevatenetwork.com.

Privacy and Security

Privacy. Personal Data that You are required to provide to Ellevate through the Site shall be subject to the Privacy Policy, available and downloadable on the Site. Except as otherwise set forth in the Privacy Policy, You are responsible for maintaining the confidentiality of Your Personal Data. Your privacy and the privacy of all of our other visitors who have accepted to be bound by the Terms of Use (“Members”) is very important. The Privacy Policy is incorporated by reference herein and by accepting to be bound by the Terms of Use You are also accepting to be bound by the Privacy Policy.

Security. Ellevate has implemented reasonable technical and organizational measures designed to secure Your Personal Data from accidental loss and from unauthorized access, use, alteration or disclosure. Additionally, Ellevate uses Secure Sockets Layer (SSL), which encrypts information the user inputs into the Site. Information is stored in a back-end database. Only Ellevate employees and website administrators have access to this information. However, we cannot guarantee that unauthorized third parties will not be able to access this information and use Your personal information for improper purposes.

Bulletin Terms and Conditions

Any portion of the Site where Members may participate, either by posting or reading content (“bulletin forums”) are for the use of Members only. The information and opinions presented within any bulletin forums are subject to change without notice. Neither Ellevate nor any affiliated or associated companies, nor any of their directors, representatives or employees accepts liability, or may be held accountable for any loss arising from the use of this information. While Ellevate seeks to maintain the functionality of all pages of the Site at all times, we cannot guarantee that the bulletin forums will be accessible and/or in proper working order at all times. Users are encouraged to immediately contact info@ellevatenetwork.com if any difficulties are encountered while using the Site.

Members are responsible for all content that they upload, post, email, or otherwise transmit. Members agree not to post or transmit any material which would violate or infringe upon the rights of any person or entity, or which would give rise to criminal or civil liability, nor will they post or transmit any material protected by copyright or trademark without the written consent of the owner. While Ellevate continually monitors the Site, we cannot guarantee the accuracy, integrity or quality of this material. Ellevate takes reasonable steps to preserve the quality of the bulletin forums. We reserve the right to delete any content for any reason at any time, without prior notice

Jurisdiction and Local Restriction

Your data will be stored and processed in whole or in part in the United States. If You access the Site outside the United States, Your usage of the Site constitutes Your consent to the transfer of Your data out of Your country and to the United States.

The Site is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the Site is prohibited by law or otherwise. Persons or other entities to whom such prohibitions apply must not access the Site.

US Export Controls

Ellevate encourages users from around the world to use the Site. However, if You choose to use the Site, You understand, acknowledge and agree that Your use of the Site is governed by the Terms of Use and the laws and regulations of the United States regarding online conduct and acceptable content. If You use the Site in a jurisdiction that prohibits or restricts the use of the Site, You agree that Your use of the Site will be at Your own risk, without limitation of any other provision of the Terms of Use, and that Ellevate shall not have any liability with respect to such use. Software from the Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

Changes to the Terms of Use and the Site

Ellevate reserves the right to change, modify, revise, add or remove portions of these Terms of Use by updating this posting, at any time and without prior notice to You. Ellevate thus invites You to check these Terms of Use periodically. If You do not agree to any such change, You must discontinue the access or use of the Site. By continuing the access or use of the Site following the posting of changes, You accept and agree to the changes.

Compliance with the Terms of Use and Indemnity

You represent and warrant that (i) You have the power and authority to enter into these Terms of Use; and (ii) Your use of the Site will comply with these Terms of Use. You agree to indemnify and hold harmless, and at Ellevate’s option, defend Ellevate, and any of its subsidiaries and affiliates, and its and their officers, directors, partners, members, managers, shareholders, employees, agents, representatives, contractors, suppliers, licensors, successors and assigns from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, demands, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to, or arising out of, any breach of these Terms of Use or any use of the Site by You. We may assume exclusive control of any defense or any matter subject to indemnification by You, and You agree to cooperate with us in such event.

Feedback, Submissions and Other Communications

Any feedback, articles, content, publications, comments, suggestions, ideas and/or other similar information, including but not limited to profiles, messages, boards or forums (collectively, “Communications”), that You submit to the Site shall not be treated by Ellevate as confidential or proprietary. Ellevate reserves the right to use such Communications on an unrestricted basis. You hereby grant Ellevate and its affiliates an irrevocable, non-exclusive, sublicensable (through multiple tiers), worldwide, perpetual, fully paid-up and royalty-free right to use and generally exploit any such Communications and any ideas, concepts, know how or techniques contained in such Communications that You send through the Site, insofar as it does not violate any other part of these Terms of Use or the Privacy Policy. You also warrant that the holder of any rights, including moral rights in such Communications, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any subscriber to generally use such content for personal use. Subject to the foregoing, the owner of such Communications placed on the Site retains any and all rights that may exist in such Communications.

Disclaimer of Warranties

The use of the Site is at Your own sole risk, and You are entirely responsible for Your use of the Site and any linked sites. Ellevate takes reasonable measures to protect the Site and the Content from viruses and defects but cannot guarantee that Your computer equipment, hardware or software or any data stored or created by Your computer equipment, hardware or software (collectively, “Equipment”) will not be damaged, corrupted, lost or otherwise affected if You access or use the Site or any Content. Without limiting the foregoing, Ellevate shall not be held responsible for any unauthorized changes to the Content.

No advice or information, whether oral or written, obtained by You from Ellevate or through or from the Site shall create any warranty not expressly stated in the Terms of Use. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither Ellevate nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Ellevate does not control or pre-screen the information, text, data, links, articles, software, photographs, graphics, video, music, sound, messages, or other material posted by Members on the Site or sent to another user via the Site (“User Content”) and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by Members or other third parties does not necessarily represent the views or opinions of Ellevate and under no circumstances will Ellevate be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site. Ellevate makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted on the Site, or of any other form of communication engaged in by users of the Site. Posted information may contain inaccuracies or typographical errors. You agree that any reliance on information posted by users of the Site, or on any other form of communication with users, will be at Your own risk. Please refer to our Privacy Policy concerning prohibited User Content.

The Site and the Content are delivered on an “AS-IS” and “AS AVAILABLE” basis. ELLEVATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Ellevate further disclaims any and all liability for the acts, omissions, or conduct of any third parties in connection with or related to Your use of the Site, including, without limitation, any liability for any Third Party Content or other third party information available on or through the Site, or any unauthorized use by third parties of Your Account.

Ellevate does not warrant that the Site or any Content, service or feature of the Site will be uninterrupted, timely or secure, that there will be no virus, destructive features or that any defects will be corrected, or that Your use of the Site will provide specific results. Ellevate reserves the right to change, suspend or interrupt the functionality of the Site and the Content at any moment without notice.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELLEVATE SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND/OR CONTENT OR ANY INFORMATION CONTAINED THEREIN, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR (I) ANY LOSS OF OR CORRUPTION TO DATA; (II) LOSS OF OR DAMAGE TO YOUR EQUIPMENT; (III) ANY RELIANCE ON THE INFORMATION CONTAINED ON THE SITE; OR (IV) ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE.

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS ELLEVATE'S LIABILITY TO YOU FOR FRAUD OR GROSS NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY MANDATORY PROVISION OF APPLICABLE LAW.

General Terms

These Terms of Use are governed by the laws of the State of New York without regard to its conflict of law provisions. The state and federal courts in New York shall have personal and exclusive jurisdiction over any disputes arising out of the use of the Site and/or in connection with these Terms of Use, save for any right under mandatory provisions of applicable laws that establish legal proceedings in the place of residence or domicile of the users. These Terms of Use set forth the complete agreement between You and Ellevate with respect to Your use of the Site and supersede and replace any prior understanding, whether oral or in writing. The failure of Ellevate to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

The Terms of Use constitutes the entire agreement between You and Ellevate and governs Your use of the Site, superseding any prior agreements between You and Ellevate. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.