These Terms and Conditions of Use (the “Terms of Use”) apply to the Elastio web site located at https://eap.elastio.us/, and all associated sites linked to https://eap.elastio.us/ by Elastio Software, Inc. (“Elastio”), its subsidiaries and/or affiliates, including any Elastio sites around the world (collectively, the “Site”). The Site is owned and operated by Elastio. Please read these Terms of Use carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms of Use. If you do not accept these Terms of Use, do not use the Site or any of the Elastio Content (defined below).
Elastio reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, and all changes are effective immediately when Elastio posts them. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
You represent to Elastio that you are lawfully able to enter into contracts (e.g., you are not a minor and you are at least 13 years of age). If you are entering into these Terms of Use for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms of Use includes both you personally and the entity you represent. You and Elastio are collectively referred to as the “Parties” and each is a “Party”.
These Terms of Use do not govern the use of the Elastio backup service and related technologies and other services (the “Service”) operated by Elastio. If you are accessing or using the Service – even if you are using the free tier – then you are subject to Elastio’s Software Subscription Agreement (currently available at https://eap.elastio.us/subscription-agreement) or such other written contract as may be separately agreed and signed between you and Elastio.
Additional terms and conditions may apply to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Elastio’s obligations, if any, with regard to its products and services, including the Service, are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Elastio may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Elastio makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Elastio Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Elastio Content, contained on the Site is owned, controlled or licensed by or to Elastio, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Elastio hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Elastio Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Elastio in these Terms of Use or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Elastio Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Elastio Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Elastio Content.
The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Service(s)”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Elastio, and you do so at your own risk. Elastio is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. Elastio is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.
Elastio’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Elastio’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand 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 (for example, credit card information) is encrypted.
You represent that, in agreeing to, and performing under, these Terms of Use, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms of Use, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities and persons (“Sanctions Targets”); and (c) not directly or indirectly export, re-export or otherwise deliver any Elastio software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Elastio software, content or services pursuant to these Terms of Use under Applicable Laws, including Export Laws.
Elastio controls the Site from its Reston, VA USA offices. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Elastio reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You agree to defend, indemnify and hold harmless Elastio, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms of Use (including the Elastio policies referenced in these Terms of Use), violation of law, or any content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.
THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY ELASTIO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ELASTIO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER ELASTIO’S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL ELASTIO, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES NOR FOR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL ELASTIO’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS OF USE EXCEED ONE HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You are responsible for violations of these Terms of Use by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms of Use if performed by you is a violation of these Terms of Use. These Terms of Use applies to anyone accessing or using the Site; however, each provision in these Terms of Use shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.
Elastio may, from time to time, post employment opportunities on the Site and/or invite users to submit resumes to Elastio. If you choose to submit your name, contact information, resume and/or other personal information to Elastio in response to such employment listings, you are authorizing Elastio to use this information for all lawful and legitimate hiring, employment and other business purposes. Elastio also reserves the right, at its discretion, to forward such information to Elastio ‘s subsidiaries and affiliates for their legitimate business purposes. Nothing in these Terms of Use or contained on the Site will constitute a promise by Elastio to review any such information, or to contact, interview or employ any individual who submits such information.
The Site is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Site. If you are using the Site on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you must immediately discontinue use of the Site. The terms listed above are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
Elastio may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Elastio’s rights or property, or the rights or property of visitors to or users of the Site, including Elastio’s customers. Elastio reserves the right at all times to disclose any information that Elastio deems necessary to comply with any applicable law, regulation, legal process or governmental request. Elastio also may disclose your information when Elastio determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Elastio may preserve any transmittal or communication by you with Elastio through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Elastio determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Elastio, its employees, users of or visitors to the Site, and the public.
You agree that Elastio may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Elastio, for which monetary damages would be inadequate, and you consent to Elastio obtaining any injunctive or equitable relief that Elastio deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Elastio may have at law or in equity.
You agree that Elastio may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Elastio does take any legal action against you as a result of your violation of these Terms of Use, Elastio will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Elastio. You agree that Elastio will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
When you visit the Site or send emails to Elastio, you are communicating with Elastio electronically; and you consent to receive communications from Elastio electronically. Elastio will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Elastio provides to you electronically satisfy any legal requirement that such communications be in writing.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the exclusive personal jurisdiction by and venue in the state and federal courts located in Wilmington, Delaware, and waive any objection to such jurisdiction or venue.
These Terms of Use, including the referenced Policies, constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms of Use. In the event any information posted on the Site from time to time conflicts with any provision of these Terms of Use, the applicable provision of these Terms of Use shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms of Use which are in addition to, inconsistent with or different from these Terms of Use shall be of no force or effect. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Elastio. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms of Use without Elastio’s express prior written consent. Elastio may assign, transfer or sublicense all or any of Elastio’s rights or obligations under these Terms of Use without restriction. The failure of Elastio to exercise or enforce any condition, term or provision of these Terms of Use will not operate as a waiver of such condition, term or provision. Any waiver by Elastio of any condition, term or provision of these Terms of Use shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use shall continue in full force and effect. You agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Elastio will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms of Use are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
Please contact Elastio at legal@elastio.us with any questions regarding these Terms of Use.
