Terms of Use

Last modified: 11 August 2019

Welcome to www.EleosHub.com operated by EleosHub Inc (“Our Site”). To look after your privacy and to keep the content useful, visitors and account holders must follow the rules in this Terms of Use Agreement (“Terms of Use”) and our Privacy Notice. By using Our Site, either as a visitor or an account holder, you are deemed to have accepted these Terms of Use and our Privacy Notice.

1.   ABOUT US

EleosHub is a private company that transforms individual health experiences into support, insight and understanding for others. We do this by enabling people to share personal health experiences and information face to face. In turn this provides support, aids self-management, improves interactions with professionals, with the aim of improving day-to-day health and well-being.

EleosHub is owned and operated by EleosHub Inc registered as a Delaware C Corp. Its registered office address is: 5 NW 23rd PL, Suite 6-221, Portland, OR, 97210

2.  USE OF THE SITE

Your access to and use of Our Site and of any information contained within it is subject to the Terms of Use and our Community Guidelines. By accessing and using Our Site, you accept, without limitation or qualification, the Terms of Use. We reserve the right to change the Terms of Use from time to time without notice, as we deem necessary. We encourage you to review the Terms of Use periodically to check you understand the latest version. Continued use of Our Site is deemed to be your acceptance of any changes to the Terms of Use and if you are not happy with our amended Terms of Use you should stop using the site. Children under the age of 18 are prohibited from creating an account and becoming a member of EleosHub. In registering as a member you are acknowledging that you are aged 18 or above.

3.  MEDICAL ADVICE

Our Site’s content, or any content on other sites linked to from Our Site, is never a substitute for professional medical advice. Even if another user appears to be a medical professional they are not in a position to undertake a physical examination or understand your full medical history. Therefore you should always speak to a doctor or other health practitioner about your condition and/or treatment or changes to your condition and/or treatment. In an emergency dial your local or national emergency telephone number (see a list here). Never delay seeking advice or dialing emergency services because of something that you have read on Our Site.

4.  PRIVACY NOTICE

If you use Our Site it is likely that this will involve sharing information about your health experiences. We recommend using anonymous, unique usernames although it’s important to understand that any information or experiences you share can carry the risk of revealing your identity to others. It is important that you understand how our data sharing relationships work and what information is shared with our different partners and users. We have set out further information in our Privacy Notice which we encourage you to read

Members can choose at any time whether their de-identified healthcare experiences are shared or not shared with our research partners in the “settings” area of your account.

5.  NON-COMMERCIAL USE BY USERS

The site is for the use of individuals for non-commercial purposes only. To use information gathered from EleosHub commercially or to reach EleosHub users with commercial interest unless expressly authorized by EleosHub is against these terms.

If you wish to use the site for commercial purposes related to your role within healthcare provision you may be able to extend your account to include a role (e.g. Health Care Professional (HCP), Patient Organization, Researcher, Provider, etc). In doing so, you may have to comply with extra terms.

6.  ACCEPTABLE USE

You may only use Our Site in accordance with these Terms of Use, our Community Guidelines and, in any event, for lawful purposes in compliance with all applicable laws, regulations and codes of practice in the US or in any other jurisdiction from where you access Our Site. In particular, you agree not to access without authority, interfere with, damage or disrupt:

  • any part of Our Site;
  • any equipment or network on which Our Site is stored;
  • any software used in the provision of Our Site; or
  • any equipment or network or software owned or used by any third party. 

You may not obtain or attempt to obtain any materials or information from Our Site through any means not intentionally made available to you through Our Site.

Your contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the US and in any country from which they are posted.
  • As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
  • You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
  • As EleosHub is a public community, Your Content will be visible to other users of the App all around the world instantly – so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other EleosHub Users). By uploading Your Content on EleosHub, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
  • We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
  • We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
  • Other members of EleosHub will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
  • You do not have any rights in relation to other users’ Member Content, and you may only use other EleosHub users’ personal information to the extent that your use of it matches EleosHub’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
  • Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

7.  RESTRICTIONS ON THE APP

You agree to:

  • Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
  • use your real name on your profile;
  • use the services in a professional manner.
  • You agree that you will not:
  • act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
  • misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity;
  • disclose information that you do not have the consent to disclose;
  • create or operate a pyramid scheme, fraud or other similar practice.
  • We don’t like users misbehaving in the EleosHub community – users should not do bad things to other users. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link.
  • Also, we don’t appreciate users doing bad things to EleosHub – we’ve worked hard on our creation, so scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.

Interactions must not:

  • contain any material that is obscene, offensive, hateful, inflammatory or defamatory of any person;
  • promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right, trade mark or any other right of any other person;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

In Our site, any content that is flagged or reported as abusing our Community Guidelines is sent to the moderators of the community in question. Community moderators can ban, restrict, or warn the user. They can also decide that the user or content in question is not objectionable and no action is required. We at EleosHub, do not actively moderate this site and leave it to the discretion of the community administrators. However, if issues are brought to our attention by administrators, we will determine whether there has been a breach of the Terms of Use and what the appropriate course of action is. When a breach of these Terms of Use has occurred or inappropriate material has been posted, we may take such action as we deem appropriate, including, for example, withdrawing your right to use Our Site; removing any posting or material you have uploaded to Our Site; taking legal action against you; or disclosing such information to law enforcement authorities as we reasonably feel is necessary.

EleosHub Communities are associated with health organizations and other approved affiliates and may contain material which is the intellectual property of that affiliate or individual community users. Although the affiliates may provide material and take an active role within the community, nothing in these Terms imposes an obligation to the affiliates or individual community admins to moderate the content within their community.

8.  REGISTRATION

You will not be able to use Our Site properly unless you register with us. By registering and becoming an account holder, you agree that we may provide you with information about Our Site (whether by email or any other medium) that we consider appropriate in accordance with our Privacy Notice. You may opt-out of receiving these materials and notifications in the “settings” area of your account or by writing to or emailing us to inform us that you wish to be removed from our contact list.

When you register initially you will have access to a standard account. If you subsequently wish to have an account type which represents your role within healthcare provision (e.g. medical professional, researcher, community admin) which enables access to additional services provided by EleosHub, your use of the new account type and additional services may be subject to additional terms and conditions which will be made available to you as part of the extension process.

In order to register with us and become an account holder, you will be invited to provide a password, a user name and an email. You are entirely responsible for maintaining the confidentiality of your password and account. You will never be required to reveal your full password to any representative or agent of EleosHub. If you forget your password, we may ask you to answer a specific question such as your username, date of birth or Zipcode. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify info@ELEOSHUB.com immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for loss or damage incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder. If you think that someone else has access to your password you should change it immediately.

9.  INDEMNITY

All the actions you make and information you post on EleosHub remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

  • any negligent acts, omissions or willful misconduct by you;
  • your access to and use of the App;
  • the uploading or submission of Content to the App by you;
  • any breach of these Terms by you; and/or
  • your violation of any law or of any rights of any third party.
  • We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

10.   THIRD-PARTIES AND THIRD-PARTY WEBSITES AND LINKS

We also may provide links or references on Our Site to the websites of other companies, charities or other organizations and individuals whether affiliated with us or not. By clicking on these links and accessing these other websites, you will be leaving Our Site. Some of these links are added by users and we are not in a position to verify every link posted on Our Site.

Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

Similarly, Our Site may be accessed through third party links over which we have no control. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Everything Unlocked Limited.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to Our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the Acceptable Usage standards, outlined in clause 6 of these Terms of Use.If you wish to link to or make any use of content on Our Site other than that set out above, please contact us.

11. THIRD-PARTY APP STORE

The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

These Terms are concluded solely between you and the EleosHub Inc and not with the providers of the Third Party Store, and the EleosHub Inc (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.

The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The EleosHub Inc is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the EleosHub Inc.

The EleosHub Inc, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

12. THIRD-PARTY STORES; PREMIUM SERVICES; IN-APP PURCHASES

The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Facebook, Twitter, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).

We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements, such as the ability to extend your matches (“In-App Products”). If you choose to use Premium Services or purchase In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”), (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have requested a Premium Service or In-App Product, you authorize us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to the EleosHub Inc are made as well as how such payments may be changed or canceled. Your subscription to the EleosHub Inc’s Premium Services will automatically renew until you decide to cancel in accordance with such terms. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

If you choose to purchase an In-App Product, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. Please note that for Premium Services and In-App Products bought on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you bought an In-App Product on a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account and the terms and conditions of any applicable Third Party Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age Inc.

Please note that for Premium Services and In-App Products you will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Premium Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores. Further, the EleosHub Inc does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates’ endorsement of such products or services. Moreover, the EleosHub Inc and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the App because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-App Products or Premium Service purchases.

13. PROPRIETARY RIGHTS

The entire contents of Our Site are protected by copyright, database rights and other intellectual property rights which are owned by us or our affiliates including health organizations and individuals. The contents of Our Site may not be copied, displayed, downloaded, distributed or republished other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of Everything Unlocked Limited, or any third party.

14. WRITTEN COMMUNICATION AND NOTICES

When using Our Site, you accept that communication with us will be mainly in electronic format. We will contact you by email or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to us, including any complaints that you might have about Our Site, must be given to EleosHub Inc at 5 NW 23rd PL, Suite 6-221, Portland, OR, 97210 or by email to info@ELEOSHUB.com. We may give notice to you at either the email, telephone number or postal address you provide to us when you become an account holder, or in any of the ways specified in the above paragraph.

15. CONTENT AND LIMITATION OF LIABILITY

EleosHub is a technology platform. All views, opinions, and knowledge expressed on the site by account holders or visitors are the sole opinions of the account holders or visitors themselves and are likely to relate to their own specific circumstances which may be different to yours. The owners of EleosHub and the affiliates we work with make no warranties or representations of any kind as to the accuracy, currency, completeness, reliability, operability, or legality of information or opinions contained or expressed within Our Site. Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We and the affiliates therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, by any account holders, or by anyone who may be informed of any of its contents.

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on Our Site do not represent our views or values.

Further, Our Site is provided to you free of charge on an “as is” and “as available” basis. You agree that access to and use of Our Site and the content available on Our Site is at your own risk. To the fullest extent permitted by law, Our Site and any individual person connected to Our Site and any party involved in creating, producing or delivering Our Site hereby exclude:

  • All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and
  • Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of Our Site or websites linked to Our Site, including, without limitation any liability for loss of income or revenue, loss of business, loss of profit, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

16. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the EleosHub services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at info@ELEOSHUB.com

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

17. DISCLAIMER

THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE ELEOSHUB INC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. ELEOSHUB DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

18. DIGITAL MILLENNIUM COPYRIGHT ACT

The EleosHub Inc has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

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 the law; and

A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to: info@ELEOSHUB.com

19. WAIVER

If we fail, at any time during the term of your use of Our Site, to insist upon strict performance of any of your obligations under these terms of use, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms of use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.

20. SALE OR MERGER

If EleosHub Inc is sold to or merges with another company not owned by EleosHub Inc, you should expect that some or all of the personal information collected from Our Site may be transferred to the buyer/surviving company. If so, EleosHub Inc will seek to obligate the acquiring company to use any personal information transferred by Our Site in a manner consistent with this Privacy Notice, but you accept that the acquiring company will be responsible for use after the acquisition and that EleosHub Inc cannot control this.

If you do not wish the personal information you provide to be subject to this possibility, you should deactivate your membership by notifying info@ELEOSHUB.com and including “DEACTIVATE” in the subject line or by deleting your account in your account settings in Our Site.

21. SEVERABILITY

If any of these terms and conditions or any provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

22. FEES

Access to and use of this Service are currently available without charge. We reserve the right to charge a fee for access to or use of this Service in the future. You will be given prior notice in the event we find it necessary to charge a fee for use of this Service and if you do not wish to pay such fee you will be able to end your use of the Service.

23. MISCELLANEOUS

These Terms, which we may amend from time to time, constitute the entire agreement between you and the EleosHub Inc. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

The EleosHub Inc has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on EleosHub and provides that information on an “as is”, “as available” basis. The EleosHub Inc does not give or make any warranty or representation of any kind about the information contained on EleosHub, whether express or implied. Use of EleosHub and the materials available on it is at your sole risk. The EleosHub Inc cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from EleosHub is free of viruses or other harmful components. You accept that EleosHub will not be provided uninterrupted or error free, that defects may not be corrected or that The EleosHub Inc, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. The EleosHub Inc is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

We know our Terms are awesome, but we may have to change them now and again

As EleosHub grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.

Your continued use of EleosHub following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using EleosHub immediately

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

24. YOU REPRESENT AND WARRANT THAT:

you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

you are not listed on any U.S. Government list of prohibited or restricted parties.

By using the App, you agree and acknowledge that EleosHub is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on EleosHub, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:

the availability or accuracy of such websites or resources; or

the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

25. ABOUT US, LAWS AND JURISDICTION

Your access to the App, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of the State of Delaware, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Delaware. By using the App, you are consenting to the exclusive jurisdiction of the courts of the United States and the State of Delaware. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.

26. ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to access to and your use of Our Site and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

The Terms constitute a binding legal agreement between you as user (“you”) and the EleosHub Inc (“we” or “us”).

Effective date

The Terms were last updated on: 11 August 2019.

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