Terms and Conditions

Terms & Conditions

This agreement contains the terms and conditions (the “Terms of Service”) under which www.EleTechs.com (“EleTechs”, “we” or “us”) offers you (the “user” or “you”), access to its website www.EleTechs.com (the “Site”) and EleTechs Services (as defined below). Among other things, these Terms of Service describe the user’s responsibilities and limit EleTechs liability. Before using any of the Services, please read all these Terms of Service and the Site carefully. In the event of any conflict between these Terms of Service and any other provisions set forth in the Site, these Terms of Service will control.

1. USER ACCEPTANCE By using the Services and/or visiting the Site, you state your agreement to be legally bound and to abide by the following terms and conditions. If you do not agree to these terms and conditions, you must not use the Site or the Services. These terms and conditions include EleTechs privacy policy (the “Privacy Policy”) that is posted on the Site.

2. CHANGES TO TERMS OF SERVICE EleTechs reserves the right, in its sole discretion, to amend these Terms of Service at any time upon posting the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. The user’s continued use of the Site and the Services following EleTechs posting of any changes will constitute the user’s acceptance of such changes.

3. EleTechs SERVICES
EleTechs services, which are available on the Site help you find and browse information related to fashion and style, and allow you to submit information to the Site, and enjoy a wide variety of other content for your own use and for viewing by other users (the “Services”). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms of Service.

These Terms of Service apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by EleTechs. EleTechs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. EleTechs will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve EleTechs from any and all liability arising from your use of any third-party website.

4. ELIGIBILITY you must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as an EleTechs member or to use the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms of Service. However, you must be 13 years or older to use the Site in compliance with the Children’s Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Site or Services. The Site and Services are administered in the United States and are intended for US users. Any use outside of the United States is at the user’s own risk and international users are responsible for compliance with local laws.

5. USER INFORMATION You may need to provide us with user information (primarily an email address) to use certain parts of the Site, such as submitting questions to us or to register for newsletters offered via the Site. If you provide us with such information, you are required to provide accurate and up to date information. You may not use a false name with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your membership. As detailed in the Privacy Policy, your private information will not be given to any third party without your consent. EleTechs reserves the right to cancel your membership at its discretion.

6. RIGHTS TO USE Subject to the Restrictions on Rights to Use in these Terms of Service, EleTechs hereby grants you permission to use the Site and Services, provided that: (1) your use of the Site as permitted is solely for personal, non-commercial use, (2) you will not copy or distribute any part of the Site without EleTechs written permission, (3) you will not alter or modify any parts of the Site, (4) you will comply with the Terms of Service and Privacy Policy.

7. RESTRICTIONS ON RIGHTS TO USE
You are authorized to use the Site and Services solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the Site or Services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure.

8. INTELLECTUAL PROPERTY RIGHTS The content on the Site, with the exception of User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to EleTechs, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. EleTechs reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to EleTechs, you hereby grant EleTechs a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and EleTechs (and its successor’s) business, including without limitation for promoting and redistributing part or all of the EleTechs Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.

9. COPYRIGHT INFRINGEMENT POLICY EleTechs does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and EleTechs will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent

EleTechs designated Copyright Agent to receive notifications of claimed infringement is: Attention: 3924 Gateway Ave. Bakersfield, CA 93306, email: copyright{at}eleTechs.com. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to EleTechs customer service through support{at}EleTechs.com .10. DISCLAIMER. EleTechs contains strictly opinion-based information. The content of the Site is fact-checked to the best of our abilities but will, no doubt, contain errors of typing, spelling, intent, rumor, presumption, but never errors of style (we think). You might disagree with our choices and that’s fine with us. Just don’t expect us to always know what shoes should go with your new dress–even if it’s a big event–because we can’t swear we’ll be right.

Additionally, EleTechs has developed an affiliate program whereby apparel, jewelry and other fashion related companies sell products through links provided on the Site. In return, EleTechs is paid a varying percentage of the sales price of sales originating from the Site. EleTechs is committed editorial integrity and honesty and by no means does its affiliate program affect what we choose to cover, or what we say in our editorial coverage.

11. Disclaimer of warranties EleTechs site and services and all products and services available through the site are provided on an “as is” and “as available” basis. EleTechs makes no other representations or warranties of any kind, express or implied, including without limitation:

(a) EleTechs makes no warranties, and expressly disclaims, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;

(b) EleTechs does not warrant that the products, services, descriptions, information or material included on the site will be as represented by third-party providers, will be free of defects or lawful to sell, or will be satisfactory to you, or that third-party providers will perform as promised;

(c) EleTechs makes no warranties that its site or services, or the services available through the site, will meet your requirements, will always be available, accessible, uninterrupted, timely, and secure, operate without error or be free of software errors or computer viruses. nor does EleTechs make any warranty as to the results that may be obtained from the use of the site or service;
(d) EleTechs expressly disclaims any implied warranty arising from course of dealing or usage of trade; and
(e) EleTechs expressly disclaims any obligation, liability or remedy in tort, whether or not arising from any negligence of EleTechs. Some states, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.12. limitation of liability and remedies (a) under no circumstances will EleTechs or its affiliates, officers, directors, employees or representatives be liable for any indirect, incidental, consequential, punitive or exemplary damages arising out of, in connection with or resulting from these terms of service or EleTechs site or services, whether based in contract, tort or otherwise.
(b) Limited Liability with Respect to Products and Services Available Through the Site. under no circumstances will EleTechs or its affiliates, officers, directors, employees or representatives be liable for any indirect, incidental, consequential, punitive or exemplary damages, arising out of, in connection with or resulting from any products or services available through EleTechs site or services, whether based in contract, tort or otherwise.
(c) Caveat. Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.

14. INDEMNIFICATION You agree to indemnify and hold EleTechs, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, and further including any injuries to third parties arising out of or relating to (1) your breach of these terms of service, (2) any fraud, manipulation, deception or misrepresentation by you, (3) any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, and (4) any violation of applicable federal or state laws or regulations.

14. NO AGENCY you and EleTechs are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.

15. ASSIGNMENT you may not assign these Terms of Service or any of your rights hereunder to a third person without first obtaining our express written consent.

16. TRADEMARKS (a) EleTechs and ELETECHS.COM, are trade or service marks of EleTechs. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by EleTechs, in any manner that is likely to cause confusion or in any manner that disparages or discredits EleTechs.
(b) The use of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such third party, or as the participation by any such third party in the offering of goods or information through the Site.

17. RULES FOR PROMOTIONS Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

18. GENERAL INFORMATION

(a) Governing Law. these terms of service, and all aspects of the relationship and dealings between you and EleTechs, shall be governed by the laws of the state of California without regard to its conflict of law provisions, i.e., as such law is applied to terms of services, relationships or dealings entered into and performed entirely within the state of California. If you are unwilling to have California law applied, do not use the site.

(b) If any provision of these terms of service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed and shall not affect the validity and enforceability of any remaining provisions.
(c) Complete Terms of Service. These Terms of Service and the materials expressly incorporated herein by reference constitute the full and complete Terms of Service between you and EleTechs. You and EleTechs have not relied upon any promises, representations, and statements or undertaking other than those set forth herein. No oral modifications to these terms of service are permitted or valid.
(d) Section Headings. The section titles of these terms of service are for convenience only and have no legal or contractual effect.19. TERMINATION EleTechs may, in its sole discretion, terminate these Terms of Service and your use or access to the Site immediately and without notice for any reason.
The effective date of this agreement is March 14, 2013.