Privacy Policy

Your privacy and security is very important to us at elo Inc., a Delaware Corporation, the owner and operator of www.elopitch.com, eloPitch our mobile application and any online applications or mobile application owned and operated by us (“eloPitch”, “we”, or “us”). This Privacy Policy explains how we collect, use, share and protect information about the users of our website and mobile application (collectively referred to as “users” or “you”). eloPitch collects information about you when you use our Website (“Website” or “Site”), any mobile application (“App”) that allows you to access our services, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. The term Services includes, collectively, various applications, websites, widgets, email notifications and other mediums, or portions of such mediums, through which you have accessed this Privacy Policy. By accessing or using our Services, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of Your Information (collectively, “Use of Your Information”) as described in this Privacy Policy. For purposes of this Privacy Policy, “Your Information” means information about you, which may be of a confidential nature and may include Personally Identifiable Information (“PII”) and/or financial information. PII is any information that would, by itself, identify you or tend to identify you as a particular individual or entity and may include, but not be limited to, your name, your address, credit card number, bank account information, social security number and driver’s license number. PII does not include any public information that is readily attainable through federal, state or local public record distribution channels including, but not limited to, any information that, by itself, could not identify you as a particular individual or entity or raw data that is aggregated for statistical purposes and cannot be used to identify you as a unique individual or entity.

 

1.Application

This Privacy Policy (“Privacy Policy”) applies to persons and businesses anywhere in the world that use our Website, App or Services. By using the Website, App and any Services we offer, you are agreeing to be bound by this Privacy Policy in respect of the information collected about you.

 

How We Collect Information

2.Information You Provide To Us

We collect information you provide directly to us, such as when you request information, create or modify your personal account, request Services, complete a eloPitch form or application, contact customer support, make a purchase or otherwise communicate with us. This information may include, without limitation: name, email, telephone number, postal address, form of payment information and any other information you choose to provide.

 

3.Information We Collect Through Your Use of Our Services

 

The following are situations in which you may provide Your Information to us:

  1. When you fill out forms or fields through our Services;
  2. When you register for an account with our Service;
  3. When you sign up for any newsletters or other materials through our Services;
  4. When you provide information to us through a third-party application, service or Website;
  5. When you communicate with us or request information about us or our Services, whether via email or other means;
  6. When you participate in online surveys;
  7. When you participate in any of our marketing initiatives, including, contests, events, or promotions; and
  8. When you participate in communities, forums, reviews or provide user generated content (“User Content”) or
  9. We also automatically collect information via the Website or App through the use of various technologies, including, but not limited to cookies and pixel tags. We may collect IP address, browsing behavior and device IDs. This information is used by us in order to enable us to better understand how our Services are being used by visitors and allows us to administer and customize the Services to improve your overall

 

4.Log Files, Cookies and Anonymous Identifiers

  1. We collect information about how you and Site visitors interact with our Services, preferences expressed, and settings chosen. We gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or Site functionality, and to document your consent to receiving products, services or communications from us or our partners. If we link such information with personally identifiable information in a manner that identifies a particular individual, then we will treat all such information as personally identifiable information for purposes of this Privacy
  2. Technologies such as cookies (a small file placed on your device), pixel tags, web beacons, touch heatmaps, user recordings, crash videos, scripts and similar technologies that create and maintain unique identifiers are used by us and our partners, affiliates, advertisers, analytics teams, or service providers. These technologies are used in analyzing trends, administering the Site, tracking user’s movements around the Site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated
  3. We use cookies to help us know that you are logged on, provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding use of our
  4. Third parties with whom we partner to provide certain features on our Site or to display advertising based upon your Web browsing activity use cookies to collect and store information.

 

  1. Our website may use remarketing services, such as Google AdWords and Facebook, to advertise on third party websites to previous visitors to our Site. It could mean that we advertise to previous visitors who haven’t completed a task on our site. This could be in the form of an advertisement on the Google search results page, a site in the Google Display Network, or somewhere on Third-party vendors, including Google and Facebook, use cookies to serve ads based on your past visits to our Website. Any data collected will be used in accordance with our own privacy policy, as well as Google & Facebook privacy policies.

 

You can opt-out of remarketing by visiting the links below:

 

For Google: https://support.google.com/ads/answer/2662922?hl=en

 

For Facebook: https://www.facebook.com/ads/website_custom_audiences/

 

  1. You can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be
  2. eloPitch cannot control the use of cookies by third-parties (or the resulting information), and use of third party cookies is not covered by this

 

5.Information We Collect From Other Sources

We may also receive information from other sources and combine that with information we collect through our Services. For example if you choose to link, create, or log in to your eloPitch account with a social media service, e.g. LinkedIn, Facebook, or a payment provider, e.g. Google Wallet, or if you engage with a separate App or Website that uses our API, or whose API we use, we may receive information about you or your connections from that Site or App.

 

6.Information Third Parties Provide

We may collect information about you from sources other than you, such as from social media websites (i.e., Facebook, LinkedIn, Twitter or others), blogs, other users and our business partners.

 

7.Location Information

When you use the Services we may collect your precise location data. We may also derive your approximate location from your IP address.

 

8.Device Information

When you use our Services through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. In addition, we may

collect information regarding application-level events and associate that with your account to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.

 

9.Call and SMS Data

In connection with providing Service, we may receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message.

Information We Do Not Collect

10.Information We Do Not Collect Through Your Use of Our Services

We do not collect or store payment information, including credit/debit card details or billing addresses. However, we may facilitate the transfer of your payment information to third party payment processors. All payments are handled by third party secure payment providers.

 

How We Protect Your Information

11.Protective Measures

We protect your information using commercially reasonable technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. Although we take measures to secure your information, we do not promise, and you should not expect, that your personal information, or searches, or other information will always remain secure. We cannot guarantee the security of our information storage, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet, including, without limitation, email and text transmissions.

 

WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, USED, ALTERED, OR DESTROYED BY BREACH OF SUCH PRECAUTIONS. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.

 

  1. Children’s Privacy

The Site and Services are intended for users who are 18 years old or older. Furthermore, we do not knowingly collect Personal Information from persons under the age of 13. If we become

 

aware that we have inadvertently received Personal Information from a person under the age of 13, we will delete such information from our records.

 

How We Use Information

 

13.Generally

Our primary purpose in collecting personal information (Your Information) is to provide you with a safe, smooth, efficient, and customized experience. Additionally, we use non personally identifiable information that we aggregate to better design our website and to share with advertisers.

 

14.Services

We will use this information in order to:

  1. Provide users with our Services and customer support including, but not limited to, confirming emails related to our services, reminders, confirmations, requests for information and
  2. Contact you and provide you with
  3. Analyze, improve and manage our Services and
  4. Resolve problems and disputes, and engage in other legal and security
  5. Enforce our Terms of Service.

Additionally, we may use the information we collect about you to:

  1. Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of eloPitch and other companies, where permissible and according to local applicable
  2. Display advertising, including advertising that is targeted to you based on your location, interests, as well as your eloPitch
  3. Verify your identity and prevent impersonation, spam or other unauthorized or illegal
  4. We may transfer the information described in this Privacy Policy to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Privacy

 

15.Sharing Of Information

  1. We may share the information we collect about you as described in this Privacy Policy or as described at the time of collection or sharing, including as follows:
    1. with third party Service Providers to enable them to provide the Services you request;

 

  1. with the general public if you submit content in a public forum, such as reviews, comments, social media posts, or other features of our Services that are viewable by the general public; and
  • with third parties with whom you choose to let us share information, for example other Apps or Websites that integrate with our API or Services, or those with an API or Service with which we
  1. We may disclose Your Information:
    1. To any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
    2. To our third-party vendors and service providers so that they may provide support for our internal and business operations, including for the processing of payments, handling of data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials, and our Services maintenance and These companies are authorized to use Your Information only as necessary to provide these services to us and are contractually obligated to keep Your Information confidential;
  • To third parties when you engage in certain activities through our Services that are sponsored by them, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored, in whole or in part, by a third When we disclose Your Information to these third parties, Your Information will become subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of Your Information;
  1. As required by law or ordered by a court, regulatory, or administrative agency;
  2. As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including, without limitation, our rights or property;
  3. If requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency;
  • To enforce our Terms of Service, this Privacy Policy, and any other applicable agreements and policies;
  • To enforce or protect our

 

16.Law Enforcement

  1. eloPitch is committed to cooperating with law enforcement while respecting each individual’s right to If eloPitch receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.

 

  1. Furthermore, under 18 S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), eloPitch may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or

 

serious physical harm to someone. eloPitch will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.

 

17.Other Sharing

We may share your information with eloPitch subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and/or logistics purposes; with affiliated entities that provide payment processing services on our behalf; with vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf; in response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process; with law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our user agreements, Terms of Service, or policies, or to protect the rights, property, or safety of eloPitch or others; in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; if we otherwise notify you and you consent to the sharing; and in an aggregated and/or anonymized form which cannot reasonably be used to identify you.

 

18.Social Sharing Features

  1. The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other Apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through
  2. Any information or content that you voluntarily disclose for posting to the Service becomes available to the public, as controlled by any applicable privacy settings that you set. Once you have shared User Content or made it public, that User Content may be re-shared by others. If you remove information that you posted to the Service, copies may still remain viewable in cached and archived pages of the Service, or if other users or third parties, using the Service, have re-shared, copied or saved that User

 

19.User-Provided Personal Information Sharing

eloPitch Services provides a platform permitting Employee Candidates to post User Content as defined in the Terms of Services including, without limitation, video and audio profiles and/or biographies (an “Elevator Pitch”). In using the Services and uploading this content, users may provide PII including, but not limited to, name, address, phone number, work history, skills, experience, abilities and other similar information. eloPitch is not responsible for this information sharing and disclaims any liability resulting therefrom. Users providing this PII in this fashion do so at their own risk.

 

20.Analytics and Advertising Services Provided By Others

We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, software development kits (SDKs), and other technologies to identify your device when you visit our Site and use our Services, as well as when you visit other online sites and services.

 

21.Links to Third-Party Websites

  1. Our Services, as well as the email messages sent with respect to our Services, may contain links or access to websites operated by third parties that are beyond our Links or access to third parties from our Services are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties. These third-parties may send their own cookies to you and independently collect data.
  2. If you visit or access a third-party Website, application or other property that is linked or accessed from our Services, we encourage you to read any privacy policies and terms and conditions of that third party before providing any personally identifiable information. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party, please contact the third party

 

22.Do Not Track

Some web browsers may give you the ability to enable a “do not track” feature that sends signals to the websites you visit, indicating that you do not want your online activities tracked. This is different than blocking or deleting cookies, as browsers with a “do not track” feature enabled may still accept cookies. There is currently no industry standard for how companies should respond to “do not track” signals, although one may develop in the future. We do not respond to “do not track” signals at this time; if we do so in the future, we will describe how in this Privacy Policy.

23.International Privacy Practices

eloPitch is primarily operated and managed on servers located and operated within the United States. In order to provide our products and services to you, we may send and store your personal information outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your personal information may be transferred outside of the country where you reside or are located, including countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. If you reside or are located within the European Economic Area and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the European Economic Area to the extent feasible under applicable law. By using and accessing our products and services, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of

 

the country where they reside, and that the protection of such information may be different  than required under the laws of their residence or location.

 

24.Account Information

You may correct your account information at any time by logging into your online account. If you wish to cancel your account, please email us at support@elopitch.com Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debit on your account, or if we believe you have committed fraud or violated our Terms of Service, we may seek to resolve the issue before deleting your information.

 

Your Preferences

25.Access Rights

eloPitch will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law. To make changes to your affecting your personal information contact us at support@elopitch.com.

 

26.Promotional Information Opt Out

You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.

27.Your California Privacy Rights

  1. California Civil Code Section 83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for their direct marketing purposes. California residents may request and obtain from us once a year, free of charge, information about the personal information, if any, we disclosed to third parties for direct marketing purposes within the immediately preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information within the immediately preceding calendar year.
  2. If you are a California resident and would like to make such a request, please submit your request in writing to:support@elopitch.com

 

28.Changes to the Privacy Policy

We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Site. Those changes will go into effect on the “Revised” date shown below. By continuing to use the Site or Services, you consent

 

to the revised Privacy Policy. We encourage you to periodically review the Privacy Policy for the latest information on our privacy practices.

 

29. Contact Us

If you have any questions about this Privacy Policy, please contact us at support@elopitch.com. Last updated: April 20, 2021

Terms of Service

 

Welcome, and thank you for your interest in www.elopitch.com, eloPitch our mobile application and any online applications or mobile application owned and operated by elo Inc., a Delaware Corporation (“eloPitch,” “us” or “we”), and our services made available to you (the “user” or “you”) through our website (the “Website” or the “Site”) and any online applications or mobile application and tools (the “Apps”). The Website and the Apps together constitute our service (“the Service”). Unless otherwise specified, all references to the Services include the services available through the eloPitch Website or mobile App, as well as any software that eloPitch provides to you that allows you to access the Services. The following Terms of Service are a legally binding contract between you and eloPitch regarding your use of the Service.

Please read the following Terms of Service (“Terms”) carefully before accessing or using any of the Service. Each time you access or use the Service, you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, you may not access or use the Service. In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.

 

ELOPITCH SERVICES, WEBSITE AND APP PROVIDE AN ONLINE VENUE AND PLATFORM WHICH ENABLES USERS TO POST A VIDEO “ELEVATOR PITCH” (PROFILE/BIOGRAPHY) AND RESUMES FOR VIEWING BY POTENTIAL EMPLOYERS, CUSTOMERS, CLIENTS, BUSINESS ASSOCIATES OR OTHER PARTIES FOR THE PURPOSE OF OBTAINING EMPLOYMENT OR OTHER BUSINESS RELATIONSHIPS. ELOPITCH IS NOT A PARTY TO ANY CONTRACT, EMPLOYMENT OFFER OR BUSINESS ARRANGEMENT OR TRANSACTION BETWEEN USERS OF OUR PLATFORM. IT IS WITHIN THE SOLE DISCRETION OF THE USER OF OUR SERVICES TO INTERACT OR ENGAGE WITH ANOTHER USER THROUGH OUR SERVICES. ELOPITCH ONLY OFFERS A VENUE TO CONNECT USERS AND HAS NO LIABILITY FOR ANY CONTRACTUAL OBLIGATIONS, DAMAGES OR INJURIES RESULTING FROM ANY USE OF OUR SERVICES.

 

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED.

 

1. Eligibility for Our Service

By using our Services, you represent that you are at least 18 years old and are fully able and competent to enter into a contract, including the terms, conditions, representations and warranties set forth in these Terms.

2. Description of Service

  1. The Service include (i) eloPitch systems, procedures, processes and technologies, and (ii) any hardware, software, applications, data, reports, and other content made available by or on behalf of eloPitch that allows users of the Service to post a video “elevator pitch” (profile/biography) for viewing by potential employers for the purpose of obtaining employment.

 

  1. The Service does not include your User Content as defined in this Agreement or any software application or service that is provided by you or a third party, which you use in connection with the
  2. Any modifications and new features added to the Service are also subject to this Agreement.
  3. eloPitch reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to

3.  Your Access and Use of our Services

  1. Your right to access and use our Services is personal to you and is not transferable by you to any other person or Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use our Services.
  2. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (iii) you shall not access the Site or Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these
  3. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive
  4. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our
  5. Our Services may now or in the future have “publicly accessible areas” that allow users to post User Content that will be accessible by the public or the user population As a user of the Services, you acknowledge and affirmatively agree that in the

 

course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that eloPitch shall not, under any circumstances, be liable in any way for any User Content.

  1. You understand that eloPitch may issue upgrade versions of any mobile App and you consent to receiving automatic upgrades on your mobile device. You also acknowledge and agree that standard carrier data charges may apply to your use of the App or the Website including, without limitation, text
  2. You shall not use any communication systems provided on our Services (such as our built in messenger service, communities, forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission. Users agree that eloPitch shall not be liable to you for any users abuse of these communication systems including, without limitation,
  3. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services, Website and App, including, without limitation, standard carrier data charges for text

4.   Privacy and Your Personal Information

For information about the eloPitch data protection practices and privacy policies, please read our Privacy Policy where you accessed these Terms of Service. This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to the use of your data in accordance with eloPitch Privacy Policy.

5.   Information Accuracy

  1. We make no representation as to the completeness, accuracy, or currency of any information on the
  2. We attempt to ensure that information on this Service is complete, accurate and current, however, despite our best efforts, the information on our Service may occasionally be inaccurate, misleading, incomplete or out of date and eloPitch disclaims any responsibility or liability for the information. By using the Services, you agree to accept such risks and that eloPitch is not responsible for the acts or omissions of users on the Services.

6.   Proprietary Rights

  1. As between eloPitch and you, eloPitch or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by eloPitch.

7.    Intellectual Property Rights

  1. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”), are owned by eloPitch. You may not use the Proprietary Marks without our prior written
  2. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective

 

  1. The information, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content
  2. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).
  3. All software used on or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the
  4. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this

8.    Use of Our Content

  1. We grant you a limited license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the
  2. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or

9.    Software

  1. If you receive software from us, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, these Terms We reserve all other rights to the software.
  2. Any license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by eloPitch, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that
  3. We may automatically check your version of the software. We may also automatically download to your device or computer new versions of the
  4. Any software is licensed, not sold. Unless we notify you otherwise, the software license ends when your Service ends. You must then promptly uninstall the software, or we may disable it. You must not work around any technical limitations in the
  5. The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or Service without U.S. government permission to anyone on S. government exclusion lists. You represent and

 

warrant that you’re not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.

10. Accounts and Registration

  1. To access some features of the Service you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address, physical address telephone number or other personal information). You may also be required to provide us with information about you, which may be of a confidential nature and may include personal identifying information and/or financial information ( all “Your Information”).
  2. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
  3. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy

11. Account Management

  1. Keep Your Password Secure. If you have been issued an account by eloPitch in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not eloPitch, are responsible for any activity occurring in your account, whether or not you authorized that If you become aware of any unauthorized access to your account, you should notify eloPitch immediately.
  2. Keep Your Details Accurate. eloPitch frequently sends notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the

12. Payments; Subscriptions

  1. eloPitch does not charge users for providing the Service, but reserves the right to change this policy at any time without
  2. eloPitch does not require a registrant for our services to agree to a subscription, however we reserve the right to change this policy at any time without

13. Suspension and Termination of Services

  1. We reserve the right to modify, suspend or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to
  2. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately
  3. Upon termination of your account, eloPitch may, in our sole discretion and without liability to you, remove and discard any information associated with your account including, without limitation, any User Content. Nevertheless, you consent to our retaining all of your account information to provide analytical and statistical data, protect our rights and preserve information for legal authorities in the event of a legally valid
  4. We reserve the right to refuse access to the service to anyone for any reason at any time.

14. Interruption of Service

 

  1. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to
  2. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part

15. No Endorsement; Interaction With Others

  1. eloPitch does not endorse any user of the Services. Although we reserve the right to do so, we do not investigate or confirm the accuracy of the information provide by, or the identity of the users of our
  2. eloPitch provides a venue for users to present their Elevator Pitch to other users and does not screen or censor the User Content on our Service. eloPitch has no control over the accuracy, reliability, completeness, or timeliness of the User Content submitted and makes no representations about any User
  3. You are solely responsible for determining the identity, suitability and for your interactions with the users you choose to engage with through the Service. You understand that we currently do not conduct any background checks including, but not limited to, criminal, financial, sex offender or any other background checks or screenings. We make no representations or warranties as to the identity, truthfulness or conduct of the people you choose to interact
  4. In no event shall eloPitch, its employees, consultants, executives or officers be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of a user in connection with the use of the

16. Third Party Links, Services and Content

  1. The Site, App and Services may contain services, features and functionalities linking you to, or providing you with, certain functionality and access to third party services and content, websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s Terms of Service and Privacy Policy and you release us from any
  2. You acknowledge that we are not responsible for such third party content or services and that we are not an agent of any third party, nor are we a direct party in any such transaction with a third Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our actions.

17. Electronic Communications

  1. When you use our Services, you consent to communicating with us and other users You also consent to receive communications from us and other users electronically by email, text, SMS or otherwise.

 

  1. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email, telephone, text, SMS or by posting notices on our Services.
  2. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in

18. Electronic Transactions

  1. Your use of the services includes the ability to enter into agreements and/or to make transactions electronically including, without limitation, in-application purchases and other financial transactions. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and
  2. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including in-application purchases, financial transactions, notices of cancellation, policies, contracts, and
  3. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole

19. Location Information

In order to provide our Services we may need to obtain your location using Global Positioning Software or other geo-location technology. You grant us permission to receive and use this information in our Services.

20. User Content Rights and Related Responsibilities; License

  1. “User Content” means, without limitation, any videos, audio, digital files, images, photos, artwork, resumes, emails, comments, feedback, suggestions, reviews and documents, or other content you upload, transmit or otherwise make available to eloPitch and its users via the Services. You understand that eloPitch does not guarantee any confidentiality with respect to any User Content you
  2. By submitting User Content on or through the Service, you grant eloPitch a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User
  3. Users, by uploading their resume to the Service, acknowledge and consent that eloPitch may, in its sole discretion, distribute the resume, without limitation, to recruiters, companies and and that eloPitch may be compensated by the recipient for this.
  4. With regard to User Content, you represent and warrant that: (i) you have all necessary rights, including intellectual property rights, to submit User Content to eloPitch and grant the licenses set forth herein; (ii) eloPitch will not need to obtain licenses from any third party or pay royalties to any third party with respect to User Content; (iii) User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) User Content complies with these Terms of Service and all applicable
  5. Furthermore, In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
  6. eloPitch expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It

 

is your responsibility, and not that of eloPitch, to back-up any User Content to prevent it’s loss.

  1. eloPitch does not endorse any Content submitted to the Service. You are solely responsible for User Content, including, without limitation, comments, feedback and reviews. eloPitch may remove or return any of User Content at any time for any reason or for no reason at all. We are not responsible for the accuracy, appropriateness, or legality of User
  2. By uploading your User Content to the Service, you understand and consent that any information or User Content including, without limitation your video profile and resume, that you voluntarily disclose by posting to the Service becomes available to the public. Furthermore , you consent that once you have posted User Content to the Service, that User Content may be downloaded or recorded by others. If you remove User Content that you posted to the Service, copies may still be in the possession of others and remain viewable in cached and archived pages of the Service or, if other users or third parties, using the Service, have re-shared, copied or saved that User
  3. You agree not to post as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. The following includes, without limitation, examples of the things you may not do:
    1. Impersonate any person or
    2. Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of
  • Promote information that is false or
  1. Promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
  2. Promote violence, racism, bigotry, hatred or physical harm of any kind against any group or
  3. Submit anything that exploits children or minors or that depicts cruelty to animals.
  • Solicit personal information from anyone under the age of
  • Use the service in an illegal manner or to commit an illegal
  1. Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or
  2. Transmit any content that contains video, audio, or images of another person without his or her permission or that of their legal
  3. Promote material that exploits people in a sexual, pornographic or violent
  • Provide instructional information about illegal
  • Infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other
  • Promote commercial activities including without limitation sales, contests, sweepstakes, barter, advertising, and business
  1. Alter the opinions or comments posted by others on the

21. Security

Violating the security of our Site is prohibited and may result in criminal and civil liability. eloPitch may investigate incidents involving such violations and may involve, and will cooperate

 

with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or Site or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

22. Copyright Policy

We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).

A valid complaint under the DMCA must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright
  2. Identification of the copyrighted work that you claim has been
  3. Identification of the material that is claimed to be infringing and where it is located on the
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the

FEDERAL LAW PROVIDES THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

The above information must be submitted to the following DMCA Agent: Email: support@elopitch.com

23. DISCLAIMERS; NO WARRANTIES

  1. OUR CONTENT AND ALL SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
  2. WHEN YOU USE OUR SERVICES, WEBSITE OR APP YOU DO SO AT YOUR SOLE RISK AND ACKNOWLEDGE AND AGREE THAT ELOPITCH DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND SCREENING OR CHECKS ON ANY
  3. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR
  4. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THIRD-PARTY SERVICE PROVIDERS THAT WE MAY USE IN THE OPERATION, PROCESSING AND ADMINISTRATION OF THE
  5. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE SECURITY, ACCURACY,

 

CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, MALICIOUS SOFTWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

  1. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISS DELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT, INFORMATION OR
  2. WE MAKE NO REPRESENTATIONS THAT OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY JURISDICTIONS. WHEN YOU ACCESS OR USE OUR SERVICES FROM A JURISDICTION, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL
  3. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO

24. LIMITATIONS OF LIABILITY

  1. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF:

(I) YOUR ACCESS AND USE OF OUR SERVICES; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE;

(V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY DIGITAL DATA, IMAGES, PHOTOS, ARTWORK, VIDEOS, AUDIO, DOCUMENTS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

  1. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF

 

ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. ELOPITCH MAY AT ANY TIME, IN ITS SOLE DISCRETION, DELETE ANY USER CONTENT WITHOUT INCURRING ANY LIABILITY FOR SUCH DELETION OR LOSS RESULTING FROM SUCH SELECTION. ELOPITCH EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE LOSS OR DAMAGE TO ANY USER CONTENT OR ANY LOSSES OR DAMAGES YOU INCUR AS A RESULT OF THE LOSS OR DAMAGE OF ANY USER
  2. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD
  3. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
  4. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH
  5. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
  6. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

25. Indemnity

  1. You agree that you will be personally responsible for your use of the Service and any interaction you have with another user of our Services, and you agree to defend, indemnify and hold harmless eloPitch and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iv) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (v) any death or serious emotional or serious physical harm to any user or a third party resulting from your use of the Services, or (vi) any disputes or issues between you and any third
  2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such

 

26. Release

  1. By using the Services, the Site or the App, you release, to the maximum extent allowed by law, eloPitch, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, the Site or the App, and any transaction effected with other users through the Services, the Site or the App, including without limitation, any death or serious emotional or serious physical

b.If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

  1. Our Remedies
    1. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
    2. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of the State of Virginia, or a United States District Court for the State of Virginia. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such

28. Dispute Resolution

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.

 

For any dispute you have with eloPitch, you agree to first contact us at support@elopitch.com and attempt to resolve the dispute with us informally. If eloPitch has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:

  1. You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
  2. Applicable You agree that the laws of the State of Virginia, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that

 

has arisen or may arise between you and us, except as otherwise stated in this Agreement.

  1. Agreement to Arbitrate. You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services delivered, sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims
  2. Prohibition of Class and Representative Actions and Non-Individualized YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND  WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR  JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
  3. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Virginia, including recognized principles of equity, and will honor all claims of privilege recognized by The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  4. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Virginia. You and we agree to submit to the personal jurisdiction of the courts located within Virginia for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Virginia; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of

 

29. Law Enforcement

  1. eloPitch is committed to cooperating with law enforcement while respecting each individual’s right to If eloPitch receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
  2. Furthermore, under 18 S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), eloPitch may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. eloPitch will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.

30. Amendments to this Agreement

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

 

Miscellaneous

 

  1. Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

32. No Waiver

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

33. Survival

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

34. Statutory Rights; Notice To California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.

35. Entire Understanding

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

 

If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support@elopitch.com.

 

Last updated: April 20, 2021