Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES (WHETHER OPERATED BY ELASTIFLOW OR ANY THIRD PARTY), AS WELL AS ALL CONTENT, SERVICES, INFORMATION, AND ANY PORTIONS THEREOF (COLLECTIVELY, THE “SITE”) MADE AVAILABLE BY ELASTIFLOW, ITS AFFILIATES, OR ITS AGENTS IN ANY WAY, INCLUDING ANY SERVICE OR OTHER RESOURCES AVAILABLE OR ENABLED VIA THE SITE, OR COMPLETING ANY REGISTRATION PROCESS, AND/OR BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND (B) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ELASTIFLOW. 

All features, content, specifications, products, and prices of products and services described or depicted on this Website are subject to change at any time in ElastiFlow's sole discretion and without notice. ElastiFlow will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, ElastiFlow may restrict access to some parts of the Website, or the entire Website, to visitors and users.

In the event of an update to these Terms, your continued use of the Website, as well as any ElastiFlow forum, constitutes your acceptance of any such updated Terms.  If you do not agree, you must cease using or accessing the Website and/or any ElastiFlow forum.

GENERAL USE PROVISIONS 

All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (“Materials”), are provided either by ElastiFlow or by third parties (“Third Party Providers”) and are the copyrighted work of ElastiFlow and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of ElastiFlow. Also, you may not “mirror” any Materials contained on this Website on any other server without ElastiFlow's prior express written permission. 

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without ElastiFlow's prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rules, and regulations.

Except where expressly provided otherwise by ElastiFlow, nothing on this Website shall be construed to confer any license offer for license or sale under any of ElastiFlow or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. See “How to Contact Us” below if you have any questions.

The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available for purchase at any time. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by ElastiFlow and as such, ElastiFlow makes no warranty with respect to its contents. ElastiFlow does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by ElastiFlow.

OWNERSHIP

You understand and agree that ElastiFlow or its licensors holds all right, title, and interest to the Website and all intellectual property, material, content, features, or services provided through the Website, and the design, selection, and arrangement thereof. The foregoing applies regardless of (i) the form of intellectual property, (ii) how it is provided, or (iii) your geolocation.

You understand and agree that you may only use the content available on this Website as provided to you through the Website, unless otherwise expressly provided by ElastiFlow. You may not copy, modify, create derivative works from, distribute, reverse engineer, alter, or decompile any content or intellectual property contained in or provided through this Website without ElastiFlow's prior written consent. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at ElastiFlow's option, return or destroy any copies of the materials you have made. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web site may be copied or retransmitted unless expressly permitted by ElastiFlow, the ElastiFlow logo, and other ElastiFlow product names referenced herein are trademarks of ElastiFlow, and may be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners. Failure of a mark to appear on this Website does not mean that ElastiFlow does not use the mark, nor does it mean that the product is not actively marketed or is not significant within its relevant market. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of ElastiFlow or such other owner.

YOUR INFORMATION

Other than personally identifiable information, which is subject to this Website's Privacy Policy, https://www.elastiflow.com/privacy-policy , any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication that you transmit or post to this Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. ElastiFlow and its respective affiliates and designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. ElastiFlow may, but is not obligated to, monitor or review any User Communications. ElastiFlow will have no obligation to use, return, review, or respond to any User Communications. ElastiFlow will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. ElastiFlow retains the right to remove any or all User Communications that includes any material ElastiFlow deems inappropriate or unacceptable.

REGISTRATIONS AND PASSWORDS; CONDUCT 

• ElastiFlow may or may not at times require you to have a password and provide registration details to access this Website or portions of this Website. If ElastiFlow does require a password and registration details, it shall be a condition of use of this Website that all the details you provide are correct, current, and complete. If ElastiFlow believes that the details are not correct, current, or complete, ElastiFlow will have the right to refuse access to the Website, or any of its resources. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). You agree to notify ElastiFlow immediately of any unauthorized use of your password(s). ElastiFlow reserves the absolute right not to issue a password to any person or entity.

INAPPROPRIATE MATERIAL

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that ElastiFlow may have at law or in equity, if ElastiFlow determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, ElastiFlow may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. ElastiFlow will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing ElastiFlow to disclose the identity of anyone posting such materials.

CUSTOMER REVIEWS

Where the Website provides, you may submit reviews so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

SOFTWARE USE RESTRICTIONS 

Any software that may be made available to download from this Website (”Software”) is the copyrighted work of ElastiFlow. Use of ElastiFlow is governed by the terms of the end user license agreement that accompanies or is included with the Software (”EULA”) https://www.elastiflow.com/commercial-license. An end user agrees to the EULA terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the EULA. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law and may result in severe civil and criminal penalties. 

SUBMISSIONS 

Except where expressly provided otherwise by ElastiFlow, all comments, feedback, information, or materials submitted to ElastiFlow through or in association with this Website or any forum (See Community Forum Terms below) (“Submissions”) shall be considered non-confidential and ElastiFlow property. By providing such Submissions to ElastiFlow, you agree to assign to ElastiFlow, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. ElastiFlow shall be free to use and/or disseminate such Submissions without any fee or cost and on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not ElastiFlow, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. 

LINKS TO THIRD PARTY SITES 

From time to time, this Website may contain links to websites that are not owned, operated, or controlled by ElastiFlow or its respective affiliates or partners.  ElastiFlow does not make any representation whatsoever regarding the content of any other website, which you may access from the Website. When you access a third party website, please understand that it is independent from ElastiFlow and that ElastiFlow does not have any control over the content on that website. A link to a non-ElastiFlow website does not mean that ElastiFlow endorses or accepts any responsibility for the content or use of such website.  All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither ElastiFlow nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither ElastiFlow nor any of its respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. Please also review the terms and conditions of any other website that you access from the Website, as they may be different from these Terms.

COMMUNITY FORUM TERMS

Registration

You must register for use of or participation in ElastiFlows’ Community Forum; provided, however, no one under the age of 13 may register for, use or access any ElastiFlow forum. To register, or cancel any registration, please contact us at security@elastiflow.com.  When you register for our discussion boards, the only requirement is a functioning email address to confirm your registration. Your email address will also be subscribed to our email newsletter service for which you can unsubscribe if you wish. The address you provide will never be shared with any other party as specified in our Privacy Policy.  

Please note that ElastiFlow also reserves the right to disclose any known personal information when required by law or in the good-faith belief that such action is necessary to conform to the law or comply with a legal process served on ElastiFlow, protect and defend the rights or property of the ElastiFlow domains, or visitors to these domains, identify persons who may be violating the law, the legal notice, or the rights of third parties, and cooperate with the investigations of purported unlawful activities.  

These Terms embody the full agreement between you and ElastiFlow regarding your use of any forum. These Terms entirely replace any other agreements regarding use of any ElastiFlow forum, written or otherwise.

Content

You understand and acknowledge that you remain solely responsible any content you submit to the forum. You agree not to wrongly imply that content you submit to the forum is sponsored or approved by ElastiFlow. These Terms do not obligate ElastiFlow to store, maintain, or provide copies of content you submit.

You acknowledge and agree that ElastiFlow may provide content that you submit to the forum to other users of the forum, and ElastiFlow may copy, publish, and analyze content you submit to the forum.

ElastiFlow reserves the right to change, redact, and delete content on the forum for any reason. For more information about the registration process, or the forums in general, please send email to security@elastiflow.com

When content you submit is removed from the forum, whether by you or by ElastiFlow, other licenses may apply to content you submit, such as Creative Commons licenses, may continue after your content is removed. Those licenses may give others, or ElastiFlow itself, the right to share your content through the forum again.

Others who receive content you submit to the forum may violate the terms on which you license your content. You agree that ElastiFlow will not be liable to you for those violations or their consequences.

Restrictions on Use

1. You may not break the law using the forum.

2. You may not use or try to use another’s account on the forum without their specific permission.

3. You may not buy, sell, or otherwise trade in user names or other unique identifiers on the forum.

4. You may not send advertisements, chain letters, or other solicitations through the forum, or use the forum to gather addresses or other personal data for commercial mailing lists or databases.

5. You may not automate access to the forum, or monitor the forum, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may crawl the forum to index it for a publicly available search engine, if you run one.

6. You may not use the forum to send e-mail to distribution lists, newsgroups, or group mail aliases.

7. You may not falsely imply that you’re affiliated with or endorsed by the company.

8. You may not hyperlink to images or other non-hypertext content on the forum on other webpages.

9 You may not remove any marks showing proprietary ownership from materials you download from the forum.

10. You may not show any part of the forum on other websites.

11. You may not disable, avoid, or circumvent any security or access restrictions of the forum.

12. You may not strain infrastructure of the forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the forum.

13. You may not impersonate others through the forum.

14. You may not encourage or help anyone in violation of these terms.

Content Standards

1. You may not submit content to the forum that is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, abusive, or hateful conduct.

2. You may not submit content to the forum that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.

3. You may not submit content to the forum containing malicious computer code, such as computer viruses or spyware.

4. You may not submit content to the forum as a mere placeholder, to hold a particular address, user name, or other unique identifier.

5. You may not use the forum to disclose information that you don’t have the right to disclose, like others’ confidential or personal information.

If you believe someone has submitted content to the forum in violation of these terms, please contact as at security@elastiflow.com

You understand and acknowledge that you are responsible for all actions taken using your account, whether authorized by you or not. You agree to notify ElastiFlow immediately if you suspect your account has been compromised. You agree to select a secure password for your account, and keep it secret.

ElastiFlow may restrict, suspend, or close your account on the forum according based on copyright-related takedown requests, or if ElastiFlow reasonably believes that you are in violation of these Terms.

Limitations

In addition to the Disclaimer set forth below, you accept all risk of using the forum and content on the forum. ElastiFlow and its suppliers, to the maximum extent permitted by law provide the forum as is, without any warranty whatsoever.

The forum may hyperlink to and integrate forums and services run by others. ElastiFlow does not make any warranty about any services run by others, or content they may provide, and may be governed by other terms between you and the third party running any such service.

DISCLAIMER 

ElastiFlow attempts to ensure that information on this Website is complete, accurate, and current. However, ElastiFlow makes no representation as to the completeness, accuracy, or currency of any information on this Website.  ALL SOFTWARE AND MATERIALS ON OR AVAILBLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ELASTIFLOW HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ELASTIFLOW MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE. 

INDEMNFICATION

You agree to indemnify ElastiFlow from all legal claims by others related to your breach of these Terms, or breach of these terms by others using your account on the forum. Both you and ElastiFlow agree to notify the other side of any legal claims for which you might have to indemnify ElastiFlow as soon as possible. You agree to allow ElastiFlow to control investigation, defense, and settlement of legal claims for which you would have to indemnify ElastiFlow, and you will cooperate with those efforts. ElastiFlow agrees not to enter into any settlement that imposes an admission of liability or fault on without your prior agreement.

LIMITATION OF LIABILITY 

ElastiFlow does not assume any responsibility, and ElastiFlow will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, your downloading of any information or materials from this Website or using any software or services made available on or through this Website. IN NO EVENT WILL ELASTIFLOW, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY NATURE IN EXCESS OF $100, WHETHER DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL ECONOMIC DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, ANY SOFTWARE OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE, OR THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CLAIMS FOR CONSUMER FRAUD.

IN THE EVENT OF ANY PROBLEM WITH YOUR USE OF THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR ANY SOFTWARE OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE.

EXPORT CONTROL 

You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. 

GENERAL 

This Website may include inaccuracies or typographical errors. ElastiFlow and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Any action related to these Terms will be governed by Delaware law and controlling U.S. federal law, regardless of any conflicts of law principles. These Terms represent the entire understanding relating to the use of the Website, and any forums, and prevail over any prior or contemporaneous, conflicting, or additional, communications. If a provision of these Terms is unenforceable as written, but could be changed to make it enforceable, that provision shall be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.

You may not assign your rights or obligations under these Terms to any other party, whether by operation of law or otherwise. Any attempted assignment of these Terms is void.

Any rights not expressly granted herein are reserved by ElastiFlow. 

HOW TO CONTACT US 

info@elastiflow.com