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 relating to or 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.
Your Use of the Site
(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;
(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.
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.
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 firstname.lastname@example.org.
Privacy and Security
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, and Ellevate will not be liable for any loss or damage resulting from any such unauthorized use.
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 email@example.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
Feedback, Submissions and Other 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.
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 or access 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 OR UNAUTHORIZED ACCESS 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.