SITE TERMS OF USE

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Your access to and use of this Website is subject to the following terms and conditions of use (“Terms of Use”) and all applicable laws. These Terms of Use apply exclusively to your access to, and use of, this Website known as www.ElasCut.com (“Ela’s Cut Website”) which is exclusively owned and operated by Ela’s Cut LLC (“Ela’s Cut”) and do not alter in any way the terms or conditions of any other agreement you may have with Ela’s Cut for services or otherwise. These Terms of Use may be changed by Ela’s Cut at any time in its sole discretion by posting the changes made to these Terms of Use, as revised, on this Website. Your use of this Website following the posting of such changes to the revised Terms of Use shall constitute your acceptance of any such changes. If you do not agree to these Terms of Use, our Privacy Statement or the Client’s Terms and Conditions of Sale or any other policy governing your access to or use of our Website you should immediately terminate your access to and use of the Ela’s Cut Website. If you have any question regarding these Terms of Use or your access to or use of this Website, please contact Customer Service at Manager@ElasCut.com.

PRIVACY

Our privacy practices are explained in our Privacy Policy, which also governs your visits to this website. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by Ela’s Cut in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time. We respect the privacy of our customers and encourage you to read our Privacy Statement located at http://www.elascut.com/privacy so that you may make an informed decision about using our Website.

COPYRIGHT

Unless otherwise indicated, all information contained on the Ela’s Cut Website, including, without limitation, the Ela’s Cut logo, and all designs, text, graphics, other files, as well as the “Look and Feel” of the Ela’s Cut Website are proprietary and are deemed copyrighted property of Ela’s Cut or its Licensor(s). Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. You may electronically copy and print to hard copy portions of this Ela’s Cut Website for the sole purpose of using materials it contains for informational and non-commercial personal use only, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This permit does not include any resale of this site or its contents; any collection of services offered, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any other company; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Ela’s Cut and its affiliates without express written consent of Ela’s Cut. Any other use of the materials on this Website-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance-without the prior written permission of Ela’s Cut is strictly prohibited. Any unauthorized use of this site and/or its contents terminates the permission or license granted by Ela’s Cut

TRADEMARKS

The Ela’s Cut Logo and any proprietary product or service names contained in this Website are either trademarks or registered trademarks of Ela’s Cut or it’s licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ela’s Cut. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Ela’s Cut Website, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ela’s Cut. All other trademarks, registered trademarks, service names and company names or logos mentioned herein are the property of their respective owners.

CONFIDENTIALITY OF THE INFORMATION TRANSMITTED

You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to Ela’s Cut privacy policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to Ela’s Cut by accessing or using this website does not infringe the rights of any other person or entity. You consent to Ela’s Cut using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of Ela’s Cut or the disclosure of your identity, in accordance with the Ela’s Cut Privacy Policy (see Section 2 above).

SURVEILLANCE

Ela’s Cut may monitor the access to it’s website and other activities in relation to it’s website and may intervene in this regard. However, Ela’s Cut makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Ela’s Cut ever decides to do it.

UPLOADED CONTENT (damage to others?)

You may not email to us any way material protected by copyright, trademark, trade secret or other proprietary rights or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining written permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the express written permission of the individual whose image is portrayed (or for minors, with the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens. We reserve the right to obtain verification of any permission required prior to our use of such images.

VIRUSES, ETC.

Ela’s Cut does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

SUBMISSIONS

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, photos, image files, original or creative materials or other information, provided by you in the form of e-mail, e-mail attachments and/or any other form of submissions to the Ela’s Cut Website, or hard copied and delivered via mail or personal transfer to the offices of Ela’s Cut Website or to any of its member(s), manager(s), officers, shareholders, independent contractor(s) and/or employees, are not confidential and that Ela’s Cut Website shall have a perpetual, worldwide, non-exclusive license to use such materials as it deems appropriate without further permissions or notice to you.

CLIENT’S TERMS AND CONDITIONS OF SALE

When you purchase services from Ela’s Cut using the (www.elascut.com) website, your purchase is subject to separate Client’s Terms and Conditions of Sale applicable to the website. Certain additional terms and conditions may apply to purchases of services and uses of portions of the (www.elascut.com) website. All sales are subject to the Ela’s Cut Website Client’s Terms and Conditions of Sale which can be obtained at CLIENT’S TERMS AND CONDITIONS OF SALE.

SERVICE DESCRIPTION

Ela’s Cut Website and its affiliates attempt to describe their service as accurately and completely as possible. However, Ela’s Cut Website does not warrant that service descriptions or other content on the Ela’s Cut Website is accurate, complete, reliable, current, or error-free. If a service offered by Ela’s Cut Website itself is not as described, your sole remedy is to cancel the service prior to its use in full conformity with Ela’s Cut Cancellation Policy set forth on the Client’s Terms and Conditions of Sale.

CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT

If you believe that any material on the Ela’s Cut Website infringes upon any copyright that you own or control, or that any link on the Ela’s Cut Website directs users to another Website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement to the email address stated below and we will do our best to rectify the situation as soon as possible.

ONLINE CONDUCT; REPEAT INFRINGER POLICY

You agree to use the Ela’s Cut Website only for lawful purposes. You are prohibited from emailing to the Ela’s Cut Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

USE BY CHILDREN

The Ela’s Cut Website does not offer services for sale to children under 18. We sell services for purchase by adults only. By using this Website, you are representing to us that you are 18 years of age or older. The Ela’s Cut Website will not be liable for any damages that may result from misrepresentation of age by any user of our Website. Ela’s Cut does not knowingly collect information from children under the age of 18. Ela’s Cut will reserve the right to refuse service, terminate accounts or cancel services in their sole discretion.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree responsibility for all activities that occur under your account or password.

INDEMNITY

You agree to defend, indemnify and hold harmless Ela’s Cut, its Member(s), Manager(s), Officer(s), Director(s), Shareholder(s), it employee(s), its independent contractor(s), service provider(s) and consultant(s), and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the Ela’s Cut Website or the use of any photographs, images or materials you provide the Ela’s Cut Website, including without limitation any actual or threatened suit, demand, or claim made against Ela’s Cut Website and/or Ela’s Cut and/or its independent contractors, service providers, or consultants, that use of the photographs, images or material provided by you infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.

DISCLAIMER

EXCEPT IF EXPLICITLY STATED IN WRITING OTHERWISE BY ELA’S CUT THE SERVICE(S) SOLD ON THE ELA’S CUT WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ELA’S CUT AND THE ELA’S CUT WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ELA’S CUT AND THE ELA’S CUT WEBSITE DO NOT REPRESENT OR WARRANT THAT THE SERVICE(S) ON THE ELA’S CUT WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT ELA’S CUT, AND THE ELA’CUT WEBSITE PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ELA’S CUT DOES NOT REPRESENT OR WARRANT THAT THE ELA’S CUT WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  The Ela’s Cut Website reserves the right to change any and all content contained on the Ela’s Cut Website at any time without notice. Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Ela’s Cut Website.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE Ela’s Cut WEBSITE AND/OR ELA’S CUT OR ITS MEMBER(S), MANAGER(S), OFFICER(S), SHAREHOLDER(S), DIRECTOR(S),MANAGER(S), INDEPENDENT CONTRACTOR(S) OR EMPLOYEE(S) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN OR SERVICE(S) SOLD ON, OR ACCESSED THROUGH, THE ELA’S CUT WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ELA’S CUT, OR THE ELA’S CUT WEBSITE THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, ACTS OF TERRORISM, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE ELA’S CUT WEBSITE RECORDS, PROGRAMS OR SERVICES.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ELA’S CUT AND/OR ELA’S CUT WEBSITE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE Ela’s Cut WEBSITE AND/OR THE SERVICES PROVIDED BY ELA’S CUT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ELA’S CUT AND/OR THE ELA’S CUT WEBSITE FOR SERVICE(S) SOLD ON THE ELA’S CUT WEBSITE.

LINKING TO OUR WEBSITE

You are granted a limited non-exclusive right to create a hyperlink to the Ela’s Cut Website provided such link does not portray Ela’s Cut Website or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Ela’s Cut Website and/or Ela’s Cut registered trademark, logo or other proprietary information, including the images found on the Ela’s Cut Website, the content of any text or the layout/design of any page or the “Look and Feel” of the Website, or any form or picture contained on a page the Ela’s Cut Website without the Ela’s Cut Website’s and/or Ela’s Cut’s express written consent. Furthermore, you may not use any meta-tags or any other “hidden text” utilizing any information obtained on the Ela’s Cut Website and/or the Ela’s Cut name, trademark or service name without Ela’s Cut Website’s and/or Ela’s Cut’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppels, or otherwise, in or under any patent, trademark, copyright or proprietary right of Ela’s Cut Website or any third party. Ela’s Cut Website and/or Ela’s Cut makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Websites linking to the Ela’s Cut Website.

THIRD PARTY LINKS

The Ela’s Cut Website may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. Ela’s Cut Website does not monitor, nor does it have any control over, any Third Party Content. Ela’s Cut Website does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Ela’s Cut Website makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Ela’s Cut Website, you should be aware that the Ela’s Cut Website’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.

SEVERABILITY AND NONWAIVER

Ela’s Cut may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this website will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of Ela’s Cut Website and/or Ela’s Cut to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of Ela’s Cut Website’s and/or Ela’s Cut right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

APPLICABLE LAW (governing law and jurisdiction?)

The use of this website and these Terms of Use shall be strictly governed and construed by the internal laws of the State of New Jersey without giving effect to any conflict of laws’ provisions to the contrary. By use of this Website, you irrevocably consent to the jurisdiction of the courts of the State of New Jersey. You agree that all disputes with the Ela’s Cut Website and/or Ela’s Cut shall be resolved in the state courts located in the County of Middlesex in the State of New Jersey. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction as well as the laws of the State of New Jersey in the United States of America.

TERMINATION

Notwithstanding anything to the contrary herein, Ela’s Cut Website and/or Ela’s Cut reserves the right, without notice and in its sole discretion, to terminate your use of this Website and to block or prevent future access to and use of this Website.The Ela’s Cut Website and/or Ela’s Cut may suspend or discontinue providing Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.

NOTICES

Except as otherwise provided herein, all notices and other communications hereunder by Ela’s Cut Website and/or Ela’s Cut shall be in writing or displayed electronically on the Ela’s Cut website. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed, on the date first made available, if displayed on the Ela’s Cut website; or on the date received, if delivered in any other manner.

NO WAIVER

The failure of Ela’s Cut Website or any third party supplier of materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce any of the terms and conditions contained herein at a later time to act accordingly to similar breaches. Each third party supplier of materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.

HEADINGS

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.

COMMUNICATIONS TO YOU

You agree that Ela’s Cut Website may send electronic mail to you for the purpose of advising you of changes or additions to this Website, about any of Ela’s Cut Website’s services, or for such other purpose(s) as Ela’s Cut Website and/or Ela’s Cut deems appropriate.

ENGLISH LANGUAGE

You expressly agree that these terms and all ancillary documents be drafted solely in English.

QUESTIONS AND CONTACT INFORMATION

General questions or comments about the Ela’s Cut Website may be directed to the Ela’s Cut Website’s Customer Service Department at manager@elascut.com.

ELA’S CUT LLC
2227 Us Highway 1, Number 118
North Brunswick, NJ 08902
(917) 580-0626
management@elascut.com