A password will be e-mailed to you.

Terms

TERMS OF USE

This User Agreement is a contract between you and EloTalk and applies to your use of the EloTalk. You must read, agree with, and accept all of the terms and conditions contained in this Agreement as well as all applicable agreements found within our Privacy Policy.

COMMUNICATIONS

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your EloTalk account (“Account”) and your use of our services.

Communications include, but are not limited to…

  • Agreements and policies you agree to including updates to these agreements or policies · Transaction receipts or confirmations · Federal and state tax statements we are required to make available to you · Information related to any other account or transaction

We will provide these Communications to you by posting them on the EloTalk website and/or by emailing them to you at the address listed in your EloTalk Profile.

Required computer hardware and software

  • A computer with an Internet connection · A current web browser that includes 128-bit encryption with cookies enabled · A valid email address (your email address on file with EloTalk) · Sufficient storage space to save past Communications or an installed printer to print them

We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from EloTalk. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

It is your responsibility to keep your email address up to date so that EloTalk can communicate with you electronically. You understand and agree that if EloTalk sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, EloTalk will be deemed to have provided the Communication to you.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add EloTalk to your email address book so that you will be able to receive the Communications we send to you.

You can update your email address at any time by logging into the EloTalk website. If your email address becomes invalid such that electronic Communications sent to you by EloTalk are returned, EloTalk may deem your Account to be inactive, and you will not be able to transact any activity using your EloTalk Account until we receive a valid, working email address from you.

PRIVACY

Protecting your privacy is very important to EloTalk. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.

If you receive Information about another User through the EloTalk Services, you must keep the Information confidential and only use it in connection with the EloTalk Services. You may not disclose or distribute a User’s Information to a third party or use the Information for marketing purposes unless you receive the User’s express consent to do so.

You may not send unsolicited email to a User or use the EloTalk Services to send, or assist in sending, unsolicited email to third parties.

 

PROPERTY

“EloTalk.com”, “EloTalk”, and all logos related to the EloTalk Services are either trademarks or registered trademarks of EloTalk or EloTalk’s licencors. You may not copy, imitate, or use them without EloTalk prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of EloTalk. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the EloTalk website, any content thereon, the EloTalk Services, the technology related to the EloTalk Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of EloTalk and its licencors.

ACCOUNT

In order to use our website or services, you must register, agree to provide truthful information, and be at least the age of eighteen (18).

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the EloTalk Services. You are responsible for all uses via your account and login, whether authorized or unauthorized by you. You are responsible for keeping your mailing address and email address up to date in your Account Profile. You agree to immediately notify us of any unauthorized use of your account or information.

CONDUCT

In connection with your use of our website, your Account, the EloTalk Services, or in the course of your interactions with EloTalk, other Users, or third parties, you will not…

  • breach this Agreement, the EloTalk Privacy Policy or any other agreement or policy that you have agreed to with EloTalk
  • provide any content or conduct in a manner that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, designed to or does interfere or interrupt our services provided, give rise to civil or criminal liability, or which may violate an applicable local, national or international law
  • infringe EloTalk or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymous proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the EloTalk Services
  • take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers
  • provide or use our website, content, or services in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, ponzi schemes, or any other form of unauthorized advertising without prior written consent
  • impersonate or misrepresent EloTalk to any person or entity, or forge or otherwise seek to conceal or misrepresent the services, content, or motives of EloTalk
  • collect or harvest any data about other members

VIOLATIONS

If EloTalk, in its sole discretion, believes that you may have engaged in any violation of this Agreement or our Privacy Policy, we may take various actions to protect EloTalk, other Users, other third parties, or you from fees, fines, penalties and any other liability.

The actions we may take include but are not limited to the following…

  • We may close, suspend, or limit your access to your Account or the EloTalk Services · We may contact and/or warn other Users, law enforcement, or third parties of your actions · We may update inaccurate information you provided us · We may refuse to provide the EloTalk Services to you in the future · We may take legal action against you

If you violate the EloTalk Terms of Use Policy or the EloTalk Privacy Policy, then in addition to the above actions you will be liable to EloTalk for the amount of EloTalk damages caused by your violation. You acknowledge and agree that $2,500.00 USD per violation of our policies is presently a reasonable minimum estimate of EloTalk’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to EloTalk that reasonably could be anticipated because, due to the nature of the violations of the policies, actual damages would be impractical or extremely difficult to calculate.

DISCONTINUATION

EloTalk, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the EloTalk Services for any reason and at any time upon notice to you.

EloTalk and services are provided to you on an AS IS basis. You agree that the owners of EloTalk exclusively reserve the right and may, at any time, modify or discontinue the web site and its services or delete the data you provide, whether temporary or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.