ELAP may employ a number of precautions to help keep your log-in credentials secure, including without limitation, a password, security questions, and a security image/caption. However, you should keep your log-in credentials secure at all times and are ultimately responsible for their security. Please remember to log out of your secure sessions on the Website and close your Internet browser following the session. If at any time you believe your log-in credentials have been compromised and you wish to change your account registration information, you will be provided with an opportunity to do so on the Website. In the event that you suspect any unauthorized activity has occurred in connection with your account, please contact ELAP immediately. ELAP will never request information regarding your log-in credentials in an unsolicited telephone call or e-mail.
Non-Disclosure Agreement. You hereby acknowledge that, in connection with your use of the restricted access areas, you may have access to or acquire, personally identifiable, confidential and proprietary information relating to the policies, financial information, business and operations of ELAP, including, without limitation, materials available for download through the restricted access areas (collectively, “Confidential Information”). You agree that such Confidential Information has been and will continue to be of critical importance to ELAP, and that disclosure of it to, or its use by, others could cause substantial and irreparable loss to ELAP. Consequently, you agree that you shall not, without the prior written consent of ELAP, disclose to any third party any Confidential Information obtained in connection with your use of the Website.
You acknowledge that the copying, disclosure, or use of all or any portion of ELAP Confidential Information in a manner inconsistent with any provision of this Agreement may cause irreparable injury for which there may be no adequate remedy at law and ELAP shall be entitled to seek equitable relief in court, including, without limitation, temporary restraining orders and preliminary and/or permanent injunctions. In addition, you may be subject to legal action which may result in monetary damages (which may include consequential damages) against you and/or the business entity you represent.
Termination. ELAP may terminate and/or suspend your right to access the Website at any time, with or without cause, in its absolute discretion and without notice.
Proprietary Materials. The Website is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Website contains copyrighted material, trademarks and other proprietary information of ELAP and others (collectively, “Proprietary Material”), which may include, without limitation: text, software, photos, video, graphics, images, music and sound. You may not to modify, publish, copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from ELAP.
Limited Warranty. THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE WEBSITE, AND THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE RESTS WITH YOU. ELAP DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.
No Liability for Loss or Injury. Neither ELAP nor any of its third party suppliers and/ or licensors shall be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting or using information contained in the Website.
Limitations on Liability and Remedies. ELAP IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE. THIS DISCLAIMER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATIONS LINES FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL ELAP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITE, EVEN IF ELAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third-Party Websites and Non-Endorsement. This Website may contain links to third-party Internet sites. ELAP makes no endorsements, representations and warranties, and assumes no responsibility as to the information or material appearing on third-party websites to which ELAP provides links. ELAP cannot be responsible for privacy policies used by third-party websites or accuracy of such other websites.