TERMS OF USE FOR ELKOPRODUCTS.COM
USE OF THIS SITE
Elko® Products.com may contain other proprietary
notices and copyright information, the terms of which
must be observed and followed. Information on this
site may contain technical inaccuracies or typographical
errors. Information, including product pricing and
availability, may be changed or updated without notice.
Elko®Products
Company, Inc. (Elko) and their subsidiaries
reserve the right to refuse service, terminate accounts,
and/or cancel orders in its discretion, including,
without limitation, if Elko believes
that customer conduct violates applicable law or
is harmful to the interests of Elko and
its subsidiaries.
CONDITIONS
OF USE
By using this site, you signify your agreement to
the following conditions of use without limitation
or qualification. Please read these conditions carefully
before using this site. Elko may
at any time revise these terms and conditions by
updating this posting. You are bound by any such
revisions and should therefore periodically visit
this page to review the then current terms and conditions
to which you are bound.
DISCLAIMER
The materials on this Website are provided "as
is" and without warranties of any kind, either
expressed or implied, including, but not limited
to, implied warranties of merchantability and fitness
for a particular purpose. Elko does
not warrant that the functions contained in the materials
will be uninterrupted or error-free, that defects
will be corrected, or that this Website or the server
that makes it available are free of viruses or other
harmful components. Elko does
not warrant or make any representations regarding
the use or the results of the use of the materials
on this Website in terms of their correctness, accuracy,
reliability, or otherwise. You (and not Elko)
assume the entire cost of all necessary servicing,
repair, or correction. Links to other sites may be
available for access through this home page. Such
external Internet addresses contain information created,
published, maintained or otherwise posted by organizations
independent of Elko. Elko does
not endorse, approve or certify any information,
product or service referenced or provided at such
addresses.
LIMITATION
OF LIABILITY
While Elko uses
reasonable efforts to include accurate and up-to-date
information on this Website, errors or omissions
may occur. Elko makes no warranties
or representations as to the accuracy of this Website.
Under no circumstances including, but not limited
to, negligence by act or omission, shall Elko
or any party involved in creating, producing, or
delivering
this Website be liable for any direct, incidental,
consequential, indirect, or punitive damages that
result from the use of, or the inability to use,
the materials on this Website, even if Elko
or a Elko authorized representative
has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion
of liability of incidental or consequential damages,
so the above limitation or exclusion may not apply
to you. In no event shall Elko's
total liability to you for all damages, losses, and
causes of action exceed the amount paid by you for
accessing this Website.
Elko assumes
no responsibility and shall not be liable for any
damages due to viruses that may infect your computer
equipment or other property on account of your access
to, use of, or browsing in the Website or your downloading
of any materials, data, text, images, video, or audio
from this Website.
RESTRICTIONS
ON USE OF MATERIALS
This site is owned by Elko. Permission
is granted to display and navigate around this Website
with a computer using HTML browser software, solely
for personal, non-commercial use. Any commercial
or public use of this Website or any portion hereof
is strictly prohibited.
Except as otherwise permitted by Elko,
no materials from this Website or any Website owned,
operated, licensed or controlled by Elko may
be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way. You may download
material displayed on this Website for non-commercial,
personal use only provided you also retain all copyright
and other proprietary notices contained on the materials.
You may not distribute, modify, transmit, reuse,
re-post, or use the content of this Website for public
or commercial purposes, including the text, images,
audio, and video, without Elko's
written permission. Elko neither
warrants nor represents that your use of materials
displayed on this Website will not infringe rights
of third parties not owned by or affiliated with Elko.
JURISDICTIONAL
ISSUES
This Website is controlled and operated by Elko from
its offices within the Commonwealth of Virginia,
United States of America. Elko makes
no representation that materials on this Website
are appropriate or available for use in other locations.
Those who choose to access this site from other locations
do so on their own initiative and are responsible
for compliance with local laws.
TRADEMARKS/SERVICE
MARKS AND COPYRIGHTS
Images displayed on this Website are either the property
of Elko, or used with permission
from a third party by Elko. The
use of these images by you, or anyone else authorized
by you, is prohibited unless specifically permitted
herein. Any unauthorized use of the images may violate
copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and
statutes.
Nothing contained on
the Website should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use
any trademark or service mark displayed on this Website
without the written permission of Elko or
such third party that may own the trademarks or service
marks displayed on this Website. Your use of the
trademarks or service marks displayed on this Website,
or any other content on this Website, except as provided
herein, is strictly prohibited.
Inquiries concerning
use of Elko trademarks, service
marks, trade names, logos, icons, copyrights or other
intellectual property should be addressed to the
following areas: Staub Anderson Green LLC, 55 West Monroe Street,
Chicago, Illinois, 60603, United States of America.
Any communications
or material you transmit to this Website by electronic
mail or otherwise, including data, questions, comments,
or suggestions, will be treated as nonconfidential
and nonproprietary and will become the property of Elko
or its affiliates. Such communications or material
shall
be used for any purpose including, but not limited
to, reproduction, disclosure, transmission, publication,
broadcast, and posting. Furthermore, Elko
is free to use any ideas, concepts, know-how, or
techniques
contained in any communication you send to this Website
for any purpose whatsoever including, but not limited
to, developing and marketing products using such
information.
TRADEMARKS/SERVICE
MARK NOTICES
Elko, GuttaGard™,
GuttaPro™, Gutter Genius, "End Gutter
Clutter"™, "Why Pay More?"™ and
all other trademarks service marks, trade names and
logos used by Elko® Products.com
are registered trademarks or service marks of Elko.
All information and content including any software
programs available on or through the Site ("Content")
is protected by copyright. Users are prohibited from
modifying, copying, distributing, transmitting, displaying,
publishing, selling, licensing, creating derivative
works or using any Content available on or through
the Site for commercial or public purposes. We are
very protective of our trademarks and service marks.
All use of these marks must be with our permission.
We will file appropriate legal actions to enjoin
the unauthorized use of these marks. Under the law,
we would be entitled to collect your profits, our
actual damages and, perhaps, our attorney fees. We
thank you for your cooperation.