Terms & Conditions
Updated November 2, 2020
Welcome to the website for ELT Sight, Inc. and ELIOS™ Vision (“Website”). ELT Sight, Inc. created and maintains this Website to provide information to and communicate better with potential customers, investors, and others who may be interested in learning more about ELT Sight, Inc. and the products and services it offers. You may use this Website, provided you comply with these Terms and Conditions.
Your Acceptance of These Terms and Conditions
PLEASE TAKE A FEW MINUTES TO CAREFULLY REVIEW THESE TERMS AND CONDITIONS. BY ACCESSING AND USING THIS WEBSITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, USE, OR DOWNLOAD MATERIALS FROM THIS WEBSITE.
These Terms and Conditions May Change
ELT Sight, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions every time you use this Website.
Use of the Website to Access ELT Sight, Inc.’s Products and Services
The Website may, now or in the future, allow authorized users of certain of ELT Sight, Inc.’s online products or services (“ELT Sight, Inc. Products”) to log into their accounts for ELT Sight, Inc. Products and access ELT Sight, Inc. Products via the Website. You agree and acknowledge that (a) you may only use the Website to access and use ELT Sight, Inc. Products if you are a subscriber to the applicable ELT Sight, Inc. Products via a separate subscription agreement between you and ELT Sight, Inc. or you are an authorized user of such subscriber, and (b) your use of ELT Sight, Inc. Products when accessed via the Website are subject to all Terms and Conditions of the subscription agreement between ELT Sight, Inc. and you or your subscribing organization, as applicable.
Copyright Notice and Limited License
Everything you see and hear on this Website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights for the Content are owned by ELT Sight, Inc. or by one of its affiliates, or by third parties who have licensed their materials to ELT Sight, Inc. The entire Content of this Website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. ELT Sight, Inc. owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Website, provided you:
- Only use the Content you download for your personal, noncommercial use or to further your business dealings with ELT Sight, Inc.
- Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of ELT Sight, Inc.
- Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of ELT Sight, Inc.
- Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality
No right, title or interest in the downloaded Content is transferred to you when you download Content from this Website. ELT Sight, Inc. reserves all intellectual property rights in any Content you download from this Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge, or in any other way transform or adapt all or any part of the Content without first obtaining written permission from ELT Sight, Inc.
Digital Millennium Copyright Act Compliance
ELT Sight, Inc. respects the intellectual property rights of others and does not permit copyright-infringing activities on the Website. If you are a copyright owner or an agent thereof, and you believe that any Content hosted on the Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
- Identification of the material that is claimed to be infringing 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 ELT Sight, Inc. to locate the material;
- Information reasonably sufficient to permit ELT Sight, Inc. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The ELT Sight, Inc. Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at ELT Sight, Inc. 555 S. Flower St. Suite 4400, Los Angeles, CA 90071, or by email at firstname.lastname@example.org. For clarity, only DMCA notices should go to the ELT Sight, Inc. Designated Copyright Agent. Any other feedback, comments, requests for technical support, or other communications should be directed to ELT Sight, Inc. customer service through email@example.com. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
All of the trademarks, service marks and logos displayed on this Website (the “Trademark(s)”) are registered and unregistered Trademarks of ELT Sight, Inc., one of its affiliates, or third parties who have licensed their Trademarks to ELT Sight, Inc. or one of its affiliates. Except as expressly stated in these Terms and Conditions, you may not reproduce, display, or otherwise use any Trademark without first obtaining written permission from ELT Sight, Inc.
Links to Other Websites
This site may contain hyperlinks to websites that are not operated directly by ELT Sight, Inc. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third-party websites or any association with their operators. ELT Sight, Inc. does not review or control these websites and is not responsible for their content. ELT Sight, Inc. expressly disclaims any responsibility for the content of any third-party websites linked to the ELT Sight, Inc. Website or the products or services of such third party. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. ELT Sight, Inc. does not make any representations regarding the content or accuracy of materials on such non-ELT Sight, Inc. websites or the products or services of any third party operating such websites. Your access and use of these websites (and the websites to which they link) is solely at your own risk.
Because different countries around the world have different laws and regulatory requirements, some devices are available in some countries and not in others. This Website contains references or cross references to ELT Sight, Inc. Products, programs and services that may not be available or announced in your country. These references do not imply that ELT Sight, Inc. intends to announce such Products, programs or services in your country. Consult your local ELT Sight, Inc. sales representative or contact ELT Sight, Inc. directly if you have questions about which Products, programs and services may be available to you in your area.
Disclaimer of Warranties
THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, ELT SIGHT, INC. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, ELT SIGHT, INC. DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. ELT SIGHT, INC. DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ELT SIGHT, INC. IS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ELT SIGHT, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. ELT SIGHT, INC. MAKES NO CLAIMS THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE WEBSITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITHIN THE LAWS OF YOUR JURISDICTION.
Limitation of Liability
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL ELT SIGHT, INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION TO, LOSS OF DATA, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF ELT SIGHT, INC. OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ELT SIGHT, INC. AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ELT SIGHT, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS. ELT SIGHT, INC. SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.
If we offer member-only access to one or more sections of this Website, you agree that we may terminate or suspend your use of the Website without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. You also agree that we will not be liable to you or any third party for any termination of your access to the Website.
Governing Law and Jurisdiction
This Website is controlled and operated by ELT Sight, Inc. from its offices within the State of California within the United States of America. Any claim relating to these Terms and Conditions and/or the use of this Website shall be governed by the laws of the State of California. By using this Website, you consent to personal jurisdiction in the federal and state courts of State of California for any action arising out of or relating to this Website, these Terms and Conditions or your use of this Website. The federal and state courts of the State of California shall have exclusive jurisdiction over all such actions.
Severability and Waiver
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term.
These Terms and Conditions constitute the entire agreement between you and ELT Sight, Inc. with respect to your access to and/or use of this Website and the Content and shall not be modified except by ELT Sight, Inc. as provided herein or through a written document signed by both parties. ELT Sight, Inc. may assign its rights and duties under these Terms and Conditions to any party at any time without notice to or approval by you.