Introduction

Elmcore Group Inc., and its subsidiaries and affiliates, (“Elmcore”, “we”, “us”, “our”) provide online access to information regarding our products and services via our website at http://www.elmcore.com and any website links to our affiliated entities (“Website”). Our customers and clients (“Clients”, “you”) agree to be bound by this Terms of Use, hereinafter referred to as the “Agreement” or “Terms of Use,” which constitutes a legally binding Agreement between us, a duly formed Nevada corporation, that serves as the owner and operator of the Website, and our visitors to, our Clients of, and any affiliated or third-party websites through our Website. By visiting or using our Website, you are agreeing to be bound by the following terms and conditions within this Agreement.

We encourage you to use our Website as often as you want; we designed it to be both easy and helpful.

As a condition precedent to you being able to use the Website (provided to you by us), you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of the Website, use any tools, receive or use any functions or services that we offer, register as a Client, view any text or graphics, use or visit our forums, or purchase anything, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term of service contained in this Agreement, you must discontinue using our Website at once and you may not establish a relationship with us. Elmcore reserves the right to refuse service to anyone for any reason at any time. Elmcore also reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Website shall be subject to the Terms of Use. Continued use of the Website after any such changes shall constitute your consent to such changes.

Privacy Policy

We have published a Privacy Policy on our Website; the Privacy Policy is hereby incorporated by reference into this Agreement as if fully set forth herein. You may and should review the Privacy Policy to see how Elmcore collects and uses your information and content.

Copyright and Content Ownership

All content provided within or via our Website is protected by various USA and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements and any violation by you of any such property rights is fairly deemed to be “willful” in nature. No intellectual property of any nature contained within or via this Website may be copied, published, or broadcast in any way without the written permission of the content owner. Our online presence, look, and feel is protected trade dress; you may not duplicate, copy, frame, mirror, or reuse any portion of the Website or visual design elements without express written permission from Elmcore. All intellectual property rights are reserved.

Quality of Service

Elmcore will use commercially reasonable efforts to provide access to our Website, but we cannot guarantee that our Website will meet all of your expectations or be entirely error free. While reasonable efforts are made to keep the Website accurate and current, Elmcore assumes no liability for any inaccuracies in the Website or for any damages that may result from the use of information posted on the Website. You understand and agree that your use of the Website is at your own risk. You understand that the words and opinions of other Clients and users of the Website are not necessarily those of Elmcore and Elmcore does not and cannot accept responsibility of such words or opinions. You further agree that Elmcore or any related service provider or affiliate does not in any way guarantee a particular outcome as a result of using our services.

Limitation of Liability

In accepting these Terms of Use, you expressly agree that you understand the limitations of liability set forth in these Terms of Use and, further, agree that you will not seek damages against Elmcore or its subsidiaries, affiliates, executives, officers, employees, agents, suppliers, licensors, or service providers for any perceived or real defect in the documents provided or services rendered, or for any consequences of such a defect. To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Elmcore or its subsidiaries, affiliates, executives, officers, employees, agents, suppliers, licensors, or service providers be liable for any incidental, indirect, punitive, special, or consequential damages that result from the use of, or the inability to use, the Website, even if we have been advised of the possibility of such damages. If the limitations set forth in these Terms of Use are inapplicable or unenforceable for any reason, then our maximum liability to you for any type of damages, regardless of the cause of action (be it in contract, tort, breach of warranty, equity or otherwise), shall be limited to the repair or replacement of the Website.

Indemnification

You agree to indemnify and hold Elmcore, its subsidiaries, affiliates, executives, officers, employees, agents, suppliers, licensors, or service providers (and its and their successors, officers, directors, and employees) harmless from and against any and all claims, demands, costs, liabilities, judgment, losses, expenses, and damages (including attorneys’ fees) arising out of, in connection with, or related to (1) your use of the Website, including without limitation any problems arising from technical difficulties (including but not limited to, the transmission of computer viruses and the interruption of services) or any violation of these Terms of Use; or, (2) failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or on-line failure by us.

General Conditions

You understand that Elmcore uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website. You must not modify, adapt, or hack the Website or modify another website so as to falsely imply that it is associated with us. We may, but have no obligation to, remove content containing elements (text, graphics, video, audio, and any other content) that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You must not transmit any worms or viruses or any code of a destructive or malicious nature. The Terms of Use constitutes the entire agreement between you and Elmcore and governs your use of the Website, superseding any prior agreements between you and Elmcore (including, but not limited to, any prior versions of the Terms of Use). We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness, or fitness for any general or particular purpose of the Website, or the tools, products, or services herein supplied or sold or regarding the characteristics of services provided by or through the Website, or regarding the timeliness, accuracy, or usefulness of information obtained from or through the Website. The Website, tools, and all content contained, distributed, sold, or published via Elmcore are provided to you “As Is, Where Is”, without any warranty of any kind, express or implied. We do not promise that any or all of our services and tools will be available 100% of the time. We do not warrant that our Website will meet your specific requirements, will be uninterrupted, timely, secure or error-free, or that the results obtained from using our tools and service will be accurate or reliable. Elmcore may publish items containing typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors. Should there be present any errata or error in any aspect of our Website, we may not correct them in a timely manner or at all.

Jurisdiction

This Agreement shall be governed and construed in accordance with the laws of the State of Nevada applicable to agreements made and to be performed in United States. You agree that any legal action or proceeding between you and us for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a Federal or state court of competent jurisdiction sitting in the County of Clark in the State of Nevada in the United States. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

Severability and Assignment Restriction

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision(s) the remaining provisions shall be valid and enforceable. This Agreement is not transferrable but is fully and without limitation of any nature transferrable and assignable by us.

Automatic Viewing or Usage of this Website

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this Website. You may not engage in denial of service attacks upon the servers that publish this Website. You may not engage in any conduct that uses an abnormal amount of resources upon the hardware and software infrastructure of this Website.

Links to Third-Party Services

We may provide links to third-party websites; however, we are not responsible for the content of such websites or their terms of use or privacy policies. Please carefully review the terms of use and privacy policies of all such websites prior to usage. You assume the risk of any usage of such third-party websites.

Force Majeure

Elmcore and the Website shall not be deemed to be in breach of this Agreement due to any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third-party services (including DNS propagation), failure of third-party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.

Questions or Feedback

Any questions about this Terms of Use or feedback or suggestions are welcome and should be addressed to feedback@elmcore.com.