1 ACCEPTANCE OF TERMS
The following states the Terms and Conditions and Disclaimer of Liability under which the Website visitor, user, or client (“You”, “Your”) may make use of eLab Design Services (“Design Division”) and Your relationship with eLab Communications (“We”, “Us”, “Our”, “eLab”).
1.1 Please read this page carefully. By using and/or accessing this site and any of eLab Communications' Web Services or Web portals, You agree to be bound by all of the Terms and Conditions and Disclaimer of Liability set forth below. Additionally, by accessing this Website, You agree that the owners, vendors, customers, clients, employees and all other parties affiliated with eLab Communications will not be held liable for any direct or indirect loss or punitive damage received from the use of information and services from this Website or any other Website accessed via hyperlink from Our Website; this includes any links from elabcommunications.com, elabdesigns.com, AND/OR elabhosting.com. If You do not accept these Terms and Conditions and Disclaimer of Liability, You may not use or access Our Websites or services.
1.2 We reserve the right to revise or amend these Terms and Conditions at any time. Therefore, Your continued use of Our Website and/or Services following any changes shall be deemed as Your acceptance of such changes. It is therefore highly recommended and Your responsibility to check these Terms and Conditions periodically for any changes.
1.3 This Agreement shall be construed in accordance with the laws of the State of California without regard to any conflict of law provisions. Any dispute arising under this Agreement or otherwise in connection with this Site or any Content shall be resolved exclusively by the state and federal courts of the State of California.
3 ACCEPTABLE USE
eLab Communications strives for accuracy in all elements of Site materials; however, We and Our Divisions, elabcommunications.com, elabdesigns.com, AND/OR elabhosting.com, will be in no way held liable for any loss or damages of any kind resulting from the use of any content transmitted or obtained via Our Websites or Services. You agree to bear all risks associated with the use of any content and the reliability, accuracy, or completeness of such content. Additionally, while users and clients of Our Websites and Services are bound by these Terms and Conditions, We cannot be held responsible for the violation of this Agreement by users.
3.1 By using eLab Communications’ Web Services, you agree not to:
3.1.1 Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary law or right of any party;
3.1.2 Collect or store personal information about others, including email addresses;
3.1.3 Impersonate any person or entity for the purpose of misleading others;
3.1.4 Violate any applicable laws or regulations;
3.1.5 Post, publish, distribute or disseminate material or information that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
3.1.6 Attempt to gain unauthorized access to any of our paid services, other user’s accounts, computer systems or networks connected to eLab’s servers through hacking, password mining or any alternative means.
4 SERVICE LIMITATION
While the Internet has long been a place for free speech and expression, We, in good conscience, must put limitations on the types of Websites We will work on. We will not design or maintain any Website that:
• promotes racism, bigotry, hatred, violence or any form of discrimination
• contains pornographic materials in any way
• discriminates against any individual person or class of persons
• victimizes any person or entity by any means of harassment
• violates any federal, state or local laws or promotes the violation of any law
5 LINKS TO THIRD PARTY WEBSITES
eLab Communications' Websites and Divisions may include links to third party Websites that are controlled and maintained by others. Any link to other Websites is not an endorsement of such Website and does not represent Our personal views or knowledge. By accepting Our Terms and accessing Our Sites or Services, You acknowledge and are in agreement that eLab Communications and Divisions, elabcomunications.com, elabdesigns.com, AND/OR elabhosting.com, cannot be held responsible for the changeable content or availability of any such sites or content on those sites.
6 INTELLECTUAL PROPERTY RIGHTS
eLab Communications' Websites and Divisions contain designed and developed content (including but not limited to the Website designs, text, graphics and all software and source codes) that are protected by the copyrights, trademarks, patents and other intellectual property rights and laws of its respective owners. Our content is not to be reproduced or used without prior authorization from Our Administration in writing. Additionally, when eLab Communications (Developer) designs Your Website, You have agreed that You have prior written consent from the copyright holder(s) for content submitted to Us; hence, You agree that eLab Communications and Divisions, elabcommunications.com, elabdesigns.com, AND/OR elabhosting.com cannot be held liable and/or responsible for any breach of such intellectual property rights. You are the sole proprietor and responsible party for the content submitted to Us and our Divisions and the content contained within Your Website.
You agree to indemnify and hold eLab Communications and Divisions, elabcommunications.com, elabdesigns.com, AND/OR elabhosting.com, harmless from litigations and/or any claims or demands brought against You, including any claims or demands brought against eLab Communications and Divisions, elabcommunicationss.com, elabdesigns.com, AND/OR elabhosting.com, by any third party arising from Your use of eLab Communications or Divisions' Services due to Your abuse of these Terms and Conditions. This includes without limitation, all legal claims, lawsuits, actions, proceedings, losses, liabilities, damages, costs, fees, expenses (including all reasonable legal costs and expenses) howsoever suffered or incurred by eLab Communications and Divisions, elabcommunications.com, elabdesigns.com, AND/OR elabhosting.com, in consequence of your breach of these Terms and Conditions. We will not be held responsible for third party content or Your lack of compliance with all federal, state, or other meaningful laws. You are admitting Your competence and Agreement with these Terms and Conditions and Our Disclaimer of Liability.
8 DISCLAIMERS AND LIMITATION OF LIABILITY
8.1 Use of the Websites and/or Services is at Your own risk. The Websites and/or Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.2 To the extent permitted by law, eLab Communications and Divisions, elabcommunications.com, elabdesigns.com, AND/OR elabhosting.com will not be held liable for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of business, opportunity, data, profits) arising out of or in connection with the use of the Websites and/or Services.
8.3 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of eLab Communications and Divisions, elabcommunications.com, elabdesigns.com, AND/OR elabhosting.com, for death or personal injury as a result of the negligence of eLab Communications, elabcommunications.com, elabdesigns.com, AND/OR elabhosting.com.
8.4 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Terms or Conditions shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of California, and You hereby submit to the exclusive jurisdiction of the U.S. courts.