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Eli Review User Guide

Terms of Service

General Provisions

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GOVERNS YOUR USE OF THIS APPLICATION. PLEASE READ IT CAREFULLY.

Drawbridge, Inc offers this application (“Eli Review”), including all information, features and services available through this site, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here (the “Terms of Use” or “Agreement”).

If you or your educational institution purchased or obtained access to Eli Review and services from a licensee of Drawbridge, references to Drawbridge in this Terms of Service includes the licensee.

Your continued use of Eli Review constitutes your agreement to all such terms, conditions, policies and notices. The internet is an evolving medium; we may change these Terms of Use from time to time. By continuing to use the service after we post any such changes, you accept the Terms of Use, as modified. We may change, restrict access to, suspend, or discontinue operation of this service, or any portion of this service, at any time.

Drawbridge respects the privacy of our users. Your content and personal information will never be sold to third parties. Learn more in our complete privacy policy.

Purpose of This Site

This site is operated for the purpose of providing information on the diverse products and services offered by Drawbridge. Nothing on this site should be regarded as an offer to sell, or a solicitation of an offer to buy, any product or service of Drawbridge.

Your Use of This Site

As a condition of your continued use of this application, you agree you will not use this app for any purpose that is unlawful or prohibited by these Terms of Use.

Accuracy, Completeness and Timeliness of Information on the Site

The material appearing in the Eli Review app are for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We are not responsible if information we make available on this site is not accurate, complete or current. The material on this site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

Use of Materials From This Site

This site and its contents, including but not limited to software, files, graphics and data (the “Materials”) are the property of and owned by Drawbridge or its licensors and are protected by copyright, trademark and other laws of the United States and other countries. Drawbridge grants you, as a subscriber, a personal, revocable, non-exclusive and non-transferable right to access and display the Materials, and to download and print hard copies of the Materials on the site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on such content.

No other use of any of the contents of the site is licensed, and you agree that you will not make any use of the Materials except as expressly permitted by these Terms of Use, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any part of the Materials. Without limiting the generality of the foregoing, you agree not to use the Material for any commercial purpose, which includes, without limitation, (i) selling access to the services or Materials on the site, (ii) including any Materials in any website, widget or printed material to which access is sold, or (iii) using the Materials or services on the site for the purpose of earning revenue through subscriptions or advertisements.

Requests for permission to reproduce or distribute materials accessed through this site which ARE NOT copyrighted in the name of a division of Drawbridge must be addressed directly to the copyright holder; we will not respond to such requests.

No Framing. Without prior written permission of Drawbridge, you may not frame or establish inline links to any Materials, nor may you incorporate into another website or other product or service any intellectual property of Drawbridge or any of its licensors. Use of manual or automated devices or other processes to “crawl” or “spider” any part of this site is strictly prohibited.

Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. Drawbridge does not assure the confidentiality of any submission you make. You may not upload to, distribute or otherwise publish through this site any content that violates any of the Usage Rules, below.

You retain ownership of the copyright in any content you submit. If you do submit material, and unless we indicate otherwise, you grant Drawbridge and its affiliates and contractors a nonexclusive, irrevocable right to use such content to provide the service to you, other users and your educational institution, to analyze and improve the services and internally for review of the services. All personal information provided via Eli Review will be handled in accordance with Eli’s Privacy Policy.

With respect to any materials you submit through this site (“User Content”):

  1. You represent and warrant that: you own or otherwise control all necessary rights to grant the rights you grant hereunder; that the User Content is accurate; that you have not violated the section entitled “Usage Rules”, below, and that, if you submit video content through this site, you have written consent or permission of each identifiable individual in such content to use his/her name and likeness and grant the rights you grant in these Terms of Use.
  2. You acknowledge that you are solely responsible for any royalties or other payments due for use of the User Content;
  3. You acknowledge that if in our opinion the User Content raises any legal risks, we have the right to exclude such User Content from the site without any prior notice to you.

Usage Rules

In connection with your use of this Site, you agree:

Trademarks and Copyrights

This site features trademarks, service marks and logos that are the property of Drawbridge and its affiliates or licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This site and all of its contents including but not limited to text, design, graphics, interfaces and code and the selection and arrangement thereof, is protected under the copyright laws of the United States and other countries.

Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same.

Monitoring and Termination; Repeat Infringers

We may, but are not obligated to, monitor any or all activity and/or content on this site. If we determine, in our sole discretion, that any activity of, or content submitted by, a user violates this policy or is otherwise objectionable, we may take any action we deem appropriate, including without limitation, removing content or terminating accounts (where applicable). Without limiting the foregoing, it is our policy to terminate the account of any user whom we determine to be a repeat infringer of these Terms of Use or any third-party rights.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Drawbridge EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Drawbridge OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. Drawbridge DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER Drawbridge NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

UNDER NO CIRCUMSTANCES WILL Drawbridge OR ANY OF ITS AFFILIATES BE LIABLE FOR MORE THAN THE AMOUNT IT RECEIVED FOR YOUR SUBSCRIPTION TO THIS SITE. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Drawbridge, its affiliates and licensees, and its and their officers, directors, members, employees, contractors, other agents and customers from any loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from any violation of these Terms of Use insofar as as any material submitted by you causes harm or damage to a third party. If you knowingly and intentionally cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from that disruption.

Links

This app may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.

Jurisdiction

Drawbridge, LLC is organized under the laws of the State of Michigan in the United States of America, and this site is operated in the United States. The laws of the State of Michigan, without reference to the principles of conflicts of law thereof, govern these Terms of Use and your use of the site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the City and State of Michigan for any action to enforce these Terms of Use. By using this site, you agree you have waived trial by jury in any action or proceeding arising out of or related to the use of this site. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Michigan and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and Drawbridge with respect to use of Eli Review and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of Eli Review to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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