EVOLVING LIVES BODY & MIND
TERMS & CONDITIONS
It’s important to us that you know and understand your rights and our rights relating to the provision of our service(s). Please review them carefully.
Here are some highlights:
You can cancel your membership or delete your account at any time. (details)
We expect our members to act with respect. (details)
ELBM is not liable for your activities and no warranties are made by ELBM. (details)
We will delete your account if you act inappropriately. (details)
We love your feedback, and you allow us to use it. (details)
You can easily reach us if you have questions or need help. (details)
Evolving Lives Body & Mind LLC and the www.evolvinglivesbodyandmind.com website (hereinafter referred to as “ELBM“) were created to give you health and wellness content in the form of donation and pay scale virtual physical fitness classes, yoga, blogs and videos and to help you discover your wellness journey and evolve independently and with like-minded people around the world. ELBM is not aimed at users under the age of eighteen (18).
ELBM is founded by Rachel Baylor “managing member”. ELBM is based in Virginia, USA. The following terms and conditions (hereinafter referred to as the “Agreement“) apply to all websites, products and services offered by ELBM under the ELBM brand. This includes the mobile and tablet versions as well as any other version of ELBM accessible via desktop, mobile, tablet, social media, internet television or other devices (hereinafter referred to as the “Service“).
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of ELBM. By using ELBM, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the ELBM website) or you are a “Member” (which means that you have registered on ELBM as a user). If you do not accept the terms of this Agreement, you should leave the ELBM website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on ELBM. You agree to be bound by any modification to this Agreement when you use ELBM after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Virginia, USA or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on ELBM (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ELBM reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on ELBM is void where prohibited.
Content (as defined in Section 6 of this Agreement) on ELBM is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of ELBM. ELBM Deserves all rights not expressly granted in and to ELBM and the Content.
You may access ELBM and its Content as available: for your information and personal use; as intended through the normal functionality of the ELBM; and for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the ELBM service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing ELBM videos for any purpose or in any manner other than Streaming is expressly prohibited.
3. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps, weights or any other equipment that may be suggested by an ELBM instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, wellness or nutritional program or using any suggested equipment, shown in any of the live classes held via zoom or MBO’s app/website, video clips, recipes, and on website of ELBM. ELBM is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while participating in ELBM services/programs/etc. Nothing contained in ELBM should be construed as any form of such medical advice or diagnosis.
By using ELBM you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from ELBM, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against ELBM, or any person or entity involved with ELBM and ELBM, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
ELBM and any content offered by ELBM is not directed to persons under eighteen (18) years of age, and by providing information about yourself to ELBM you are representing that you are eighteen (18) years of age or older.
5. Member Account, Password and Security
If you register on ELBM, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address, birthday, address, etc. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ELBM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorization from ELBM. ELBM will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information from other Members;
involves commercial activities and/or sales without ELBM prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; denigrates, ridicules, or demeans another person; orcontains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses ELBM in a manner that sends more request messages to the ELBM servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7.1. Responsibility for Content
ELBM does not control the Content posted via ELBM and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will ELBM be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
7.2. Your Content
You, and not ELBM, are entirely responsible for all Content that you post, email, transmit or otherwise make available via ELBM.
By posting or transferring Content to ELBM, you give ELBM permission to use your Content to provide ELBM services, including, without limitation, storing, displaying, reproducing, and distributing your content. This may include promoting your Content with partner companies or services for broader broadcast, distribution, or publication. We will never sell your content to third parties without your explicit permission.
By publishing on ELBM, you agree to allow others to view your Content.
We don’t pre-screen user Content, but we have the right (though no obligation) to refuse or remove any content you post or transfer to ELBM for any reason.
Editing and deleting your Content is only possible if it has not been made public (i.e. accessible for logged out users). ELBM may or may not delete your Content upon request. ELBM retains, but does not publicly display, backup copies of your deleted Content on our servers for 30 days after you delete your account. If you delete your account or Content, it may be permanently unrecoverable.
You are responsible for the Content you submit to ELBM and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting, you represent that you own or have the necessary rights to post the Content on ELBM, and that doing so does not conflict with any other licenses you’ve granted.
8. Rejection/Removal of Content
You acknowledge that ELBM may or may not pre-screen Content posted on ELBM, that ELBM is not responsible for behavior or comments of teachers and/or students and/or music on ELBM, but that ELBM shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, ELBM shall have the right to remove from ELBM any Content that violates this Agreement or is otherwise objectionable in the sole discretion of ELBM.
If you become aware of misuse of the Service by any person, please contact us.
9. Termination or Suspension of Account
You agree that ELBM may at any time and for any reason, including a period of account inactivity, terminate your access to ELBM services, or restrict or suspend your access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability.
11. Security Components
You understand that ELBM and software embodied within ELBM may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ELBM and/or content providers who provide content to the ELBM platform and ELBM. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into ELBM.
12. Proprietary Rights
All materials on ELBM, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by ELBM or by third parties that have licensed or otherwise provided their material to ELBM. You acknowledge and agree that all Materials on ELBM are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this ELBM, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without ELBM prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize ELBM or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
13. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by ELBM. Unauthorized framing of or linking to any of ELBM is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
14. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through ELBM or the Service, you hereby grant to ELBM a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through ELBM, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but ELBM has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on ELBM servers after the Content appears to have been removed from ELBM, and ELBM retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through ELBM or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through ELBM or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
15. ELBM and Third Parties
ELBM contains Content of ELBM, and Content of third party licensors to ELBM (including content provided by users of ELBM, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. ELBM owns and retains all rights, title and interest in the ELBM Content. ELBM hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the ELBM Content and any third party Content located on or available through ELBM or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing ELBM and using the Services provided on MBO. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through ELBM or MBO.
Any dealings with third parties included within or on ELBM involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. ELBM is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on ELBM does not constitute an endorsement or recommendation of such third party or the product or services of such third party by ELBM or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on ELBM is provided to you for informational purposes only. ELBM encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While ELBM works to ensure the information on ELBM is current and accurate, ELBM does not warrant the accuracy of any information contained on ELBM (including information provided by instructors) or its fitness for any particular purpose.
16. External links
The ELBM website contains links to external and to third party websites. The ELBM website does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the ELBM website in question. The ELBM website does not operate or control and does not have any responsibility for any information, products and/or services found on external websites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement of implied warranties of merchantability or fitness for a particular purpose. People who visit the ELBM website are assumed to take their own responsibility and risk in using any external sites. Visitors should report any concerns or dissatisfaction regarding any external link to its site administrator or webmaster.
17. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Virginia, USA or the country in which you reside.
19. Infringement Policy
ELBM reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or ELBM by any user who is alleged to have infringed on the intellectual property rights of ELBM or of a third party, or otherwise violated any intellectual property laws or regulations. ELBM policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want ELBM to delete, edit, or disable the material in question, you must provide ELBM with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ELBM to locate the material; (d) information reasonably sufficient to permit ELBM to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to us by e-mail with a return receipt acknowledgement.
20. Member Disputes
You are solely responsible for your interactions with other Members. ELBM reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.
21. Account Deletion, Term and Termination
This Agreement shall remain in full force and effect for so long as it is accessible here.
Account deletion: You can delete your account at any time by going to https://www.ELBM.com/signin/profile/
Subscription termination: You may terminate your subscription membership at any time, for any reason, by following the instructions on the help pages. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following billing cycle. You will not receive a refund for the current billing period.
Lifetime access termination: You may terminate your subscription membership at any time, for any reason, by following the instructions on ELBM. However, ELBM does not give refunds. This means that your termination will only result in the deletion of the account.
ELBM reserves the right to terminate your account or your access to ELBM immediately, with or without notice to you, and without liability to you, if ELBM believes that you have breached any of the terms of this Agreement, furnished ELBM with false or misleading information, or interfered with use of ELBM or the Service by others.
Subscription pricing: When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If ELBM later increases the price of the subscription, ELBM will notify you through email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 24 hours prior notice before the charge is made. If you are given less than 24 hours notice, the price increase will not apply until the payment after the next payment due.
Discounted pricing: At certain occasions ELBM offers discounts. These discounts can only be purchased during dedicated limited time periods as specified in the description. When you complete your purchase, we will clearly state what you are buying. In the event you would like a refund please refer to our cancellation policy.
Account sharing is not allowed: Members of ELBM may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by ELBM as fraudulent use of ELBM, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
Refunds: Upon purchase, every customer receives an email verification of receipt. This cannot be refunded only rescheduled. Weekly class drop in rates can only be rescheduled within 14 days. Workshop packages are good for up to 2 months only and can only be rescheduled within that timeframe of original purchase date. For appointments that are cancelled within 24-72 hours there is a 0 refund/reschedule policy and a new appointment must be made. For any appointment cancelled within 72+ hours clients can reschedule within 7-30 days of instructor availability.
Fraud: ELBM reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
Our website will typically include images or videos as part of our blog posts and the images that they are authorized to use is the following:
Images/videos that are supplied to our team, contractors, partners, outside provider or released into the public domain by public relations and marketing companies for press or other purposes
Images/videos that are licensed from vendors
Images/videos that are published on Instagram, Facebook, YouTube, Vimeo, Photobucket, Flickr or other public photo and video sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
Images/videos that are supplied by readers, with the implied representation that the person submitting the image/video owns the copyright in the image/video and the right to give it to us for use on our site
Images/videos that are commissioned by ELBM Sites
Images that we believe to be covered by the Fair Use Doctrine, such as:
Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source
Images/videos used in a transformative manner, such as parody
Images/videos that are widely distributed that they have become part of the news
Images/videos that are used to illustrate a newsworthy story, where the image itself tells a story
If ELBM Sites receives any notice that an image is posted up inappropriately such as not keeping with the terms listed above, we reserve the right to remove that image.
If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.
24. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF ELBM SHALL BE AT YOUR SOLE RISK. ELBM AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ELBM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ELBM AND YOUR USE THEREOF. ELBM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ELBM’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO ELBM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ELBM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ELBM SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ELBM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH ELBM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ELBM.
ELBM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ELBM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ELBM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
25. Limitation on Liability
IN NO EVENT SHALL ELBM ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ELBM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ELBM SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ELBM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH ELBM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ELBM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ELBM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ELBM SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON ELBM DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY ELBM OR ANY OF ITS EMPLOYEES. ELBM IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON ELBM OR THIRD PARTY WEB PAGE ACCESSED FROM ELBM, NOR DOES ELBM WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
ELBM RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON ELBM THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON ELBM.
26. Exclusions and Limitations
Those who access or use ELBM from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless ELBM , its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to ELBM; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of ELBM.
28. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through ELBM, to obtain certain premium Content through ELBM, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
29. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of ELBM (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or ELBM.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ELBM without restriction.
31. Integration Clause
32. Waiver and Severability of Terms
The failure of ELBM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
33. Statute of Limitations
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 ELBM, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
34. Governing Law and Venue
This Agreement shall be governed by the laws of Virginia, USA, without respect to its conflict of laws principles. Any claim or dispute between you and ELBM that arises in whole or in part from ELBM shall be decided exclusively by a court of competent jurisdiction located in Virginia, USA.
You agree that: (a) ELBM shall be deemed solely based in the Northern Virginia/ DC/ Maryland area as well as any state within the USA & virtually; and (b) the ELBM website shall be deemed a passive website that does not give rise to personal jurisdiction over ELBM either specific or general, in jurisdictions other than Virginia.
35. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
ELBM reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of ELBM following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
We love and welcome your feedback, comments, suggestions, and other communications about our Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to ELBM a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send ELBM any Feedback that you do not wish to license to us as set forth above.
If you have any questions or comments regarding this Agreement or ELBM, feel free to contact us.