By using the eAutoPortal.com, elminternational.com or elmanalytics.com web sites ("Service"), all services of Elm Analytics, LLC ("ELM"), YOU are agreeing to be bound by the following terms and conditions ("Terms of Service").
ELM reserves the right to update and change the Terms of Service from time to time without notice.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account.
While ELM prohibits such conduct and Content on the Service, YOU understand and agree that ELM cannot be responsible for the Content posted on the Service and YOU nonetheless may be exposed to such materials.
YOU agree to use the Service at your own risk. License for Use of Digital Data
With access to the system, ELM grants YOU a non-exclusive revocable license to use the data accessible at your subscription level.
The data shall be for your use only and not for sale or re-use in any commercial application, or to be given or shared with anyone else.
- YOU agree that the data in the data base belongs to ELM.
- YOU agree the software that operates and provides the data belongs to ELM.
- The license is nontransferable, any attempted transfer is void.
- The license conveys no rights to release or distribute this data or derivatives works containing this data in any electronic/magnetic or machine-readable form.
- YOU will identify "Elm Analytics" as the data source on any report, chart, graph or map derived from data contained on the site.
- Although ELM maintains high standards of data quality control, ELM makes no warranty as to the fitness of the data for any purpose, nor that the data are necessarily accurate or complete.
- YOU represent YOU are 18 years or older to use this Service.
YOU represent that YOU are a human.
Accounts registered or accessed by "bots" or other automated methods are not permitted.
YOU must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
This information must be kept current.
Your login may only be used by one person – a single login shared by multiple people is not permitted.
YOU may create separate logins for as many people as you'd like.
YOU are responsible for maintaining the security of your account and password.
ELM cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Any purchase made on your account will be charged to your credit card.
- YOU are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
YOU may not use the Service for any illegal or unauthorized purpose.
YOU must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts.
The Service is billed in advance on the periodic basis YOU chose and is non-refundable.
There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for unused periods with an open account.
In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and YOU shall be responsible for payment of all such taxes, levies, or duties,.
- For any upgrade or downgrade in plan level, your credit card that YOU provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. ELM does not accept any liability for such loss.
Cancellation and Termination
- YOU are solely responsible for properly canceling your account.
All of your Content will be immediately deleted from the Service upon cancellation.
This information cannot be recovered once your account is cancelled.
- If YOU cancel the Service before the end of your current paid up time period, your cancellation will take effect immediately and YOU will not be charged again.
ELM, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other ELM service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
ELM reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- ELM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to quarterly subscription plan fees to the Service, are subject to change upon 30 days notice from us.
Such notice may be provided at any time by posting the changes to the Site or the Service itself.
- ELM shall not be liable to YOU or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- ELM asserts a compilation copyright on the contents of the website.
- All content posted on the Service is must comply with U.S. copyright law.
We claim no intellectual property rights over the material YOU provide to the Service.
Your profile and materials uploaded remain yours.
However, by setting your pages to be shared publicly, YOU agree to allow others to view and share your Content.
- ELM does not pre-screen Content, but ELM and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright © 2011 Elm Analytics, LLC. All rights reserved.
YOU may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from ELM.
Your use of the Service is at your sole risk.
The service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and is only available via email.
- YOU understand that ELM uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- YOU must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ELM, or any other ELM service.
- YOU agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ELM.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ELM customer, employee, member, or officer will result in immediate account termination.
- YOU understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- YOU must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- YOU must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by ELM) of other ELM customers, we reserve the right to immediately disable your account or throttle your file hosting until YOU can reduce your bandwidth consumption.
- ELM does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by YOU through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- YOU expressly understand and agree that ELM shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ELM has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of ELM to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between YOU and ELM and govern your use of the Service, superseding any prior agreements between YOU and ELM (including, but not limited to, any prior versions of the Terms of Service).
- YOU agree that any claim or lawsuit relating to this service with ELM or any of its subsidiaries must be filed no more than six (6) months after the date of the alleged action that is the subject of the claim or lawsuit. YOU waive any statute of limitations to the contrary.
- YOU consent to personal jurisdiction in the State of Michigan, and venue for all actions or disputes arising between the parties, including any dispute arising from this Agreement or violation of its terms shall be filed in the state or federal courts in or for Oakland County, in the State of Michigan, U.S.A.
This Agreement constitutes the entire agreement between YOU and ELM in respect to the subject matter hereof.
This Agreement supersedes any other agreements either oral or in writing between YOU and ELM hereto with respect to the subject matter hereof.
- The laws of the State of Michigan shall govern this Agreement.
- If any provision, clause, or part of this Agreement, or the application thereof under certain circumstances, is held invalid, the remainder of this Agreement, or the application of such provision, clause or part under other circumstances, shall not be affected thereby.
- Questions about the Terms of Service should be sent to support at www.elmanalytics.com.