These Terms of Use (“Terms”) govern your access to and use of the public website operated by Eolas, Inc. (“Eolas,” “we,” or “us”), including any content, materials, and information available at eolas.co (the “Site”). Please read these Terms carefully. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Site.
IMPORTANT NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND EOLAS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. IF YOU DO NOT AGREE TO ARBITRATION, YOU MAY OPT OUT BY FOLLOWING THE INSTRUCTIONS IN SECTION 11 BELOW.
These Terms apply solely to your general use of the Site. If you have entered into a separate written agreement with Eolas (such as a Master Services Agreement or other services contract) that agreement will govern your use of any Eolas services, platforms, or applications, and will supersede these Terms to the extent of any conflict.
You may use the Site only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
We may modify or discontinue any part of the Site at any time, and we are under no obligation to maintain or update it.
The information made available on or through the Site is provided solely for general informational purposes. While we strive to provide accurate and up-to-date content, Eolas makes no representations or warranties as to the completeness, reliability, accuracy, or usefulness of any information presented. You acknowledge and agree that any reliance you place on such information is strictly at your own risk, and Eolas disclaims all liability arising from such reliance by you or any third party who may be informed of or act upon such information.
Content on the Site may be updated periodically; however, we are under no obligation to ensure that all materials are current, complete, or accurate at any given time. Any portion of the Site’s content may be out of date, and we expressly disclaim any obligation to update such materials.
The Site is intended for use only by individuals who are at least the age of majority in their state or jurisdiction of residence. By accessing or using the Site, you represent and warrant that you meet this requirement. If you do not meet the age of majority requirement, you must not access or use the Site.
The Site and all content, features, and functionality made available through it (including, without limitation, all text, graphics, images, logos, icons, audio and video clips, data, software, and the design and layout of the Site) are the exclusive property of Eolas or its licensors, and are protected by U.S. and international laws, including copyright, trademark, trade secret, and other intellectual property laws.
You may use the Site and its contents solely for your personal, informational, and non-commercial use, subject to these Terms. You may not copy, reproduce, republish, upload, post, publicly display, distribute, or create derivative works based on any materials from the Site without Eolas’s prior written permission. Specifically, you may not:
Modify any content obtained from the Site;
Remove or obscure any copyright, trademark, or proprietary notices;
Use content from the Site in a manner that implies endorsement or sponsorship without express written consent;
Access or use the Site or its content for any commercial purposes without prior authorization.
No right, title, or interest in or to the Site or any materials on the Site is transferred to you under these Terms. All rights not expressly granted are reserved by Eolas and its licensors.
You agree not to use the Site, or permit others to use it, in any way that could:
Violate any applicable laws or regulations;
Infringe the rights of any third party, including privacy, publicity, or intellectual property rights;
Involve fraudulent, deceptive, or otherwise misleading activity;
Damage, disable, overburden, or impair the Site or interfere with anyone else’s use of it;
Introduce malicious code, viruses, or other harmful materials;
Use automated systems (e.g., bots, scrapers) to access or collect information from the Site;
Attempt to bypass any measures we use to restrict access to the Site;
Impersonate any person or misrepresent your affiliation with any entity;
Post or transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
We reserve the right to investigate and take appropriate legal action against violations of this section.
Use of the Site is subject to Eolas’s Privacy Policy, eolas.co/privacy, which is incorporated into these Terms. Please review it to understand how we handle your personal information.
The Site and all content, features, and functionality made available through it are provided on an “as is,” “as available,” and “with all faults” basis. To the maximum extent permitted under applicable law, Eolas expressly disclaims all warranties, representations, and conditions of any kind, whether express, implied, or statutory, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
Without limiting the foregoing, Eolas does not warrant that:
The Site or its content will be accurate, complete, reliable, current, or error-free;
The Site will be available at any particular time or location, or that access will be uninterrupted;
Any defects or errors will be corrected;
The Site will be secure, free of viruses, malware, or other harmful components; or
The Site or content will meet your expectations or requirements.
Any reliance you place on the Site or its content is strictly at your own risk. No oral or written advice or information obtained from Eolas or through the Site will create any warranty not expressly stated herein.
To the fullest extent permitted by law, Eolas will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your access to or use of the Site (even if advised of the possibility of such damages).
If any liability is found, it will be limited to the greater of (i) $100 or (ii) the amount you paid, if any, to access the Site.
The Site may include links to third-party websites, content, or resources, including through advertisements such as banner ads and sponsored links. These links are provided solely as a convenience. Eolas does not control and is not responsible for the availability, content, accuracy, or security of any third-party sites or services. Your use of any third-party site is at your own risk and subject to that site’s terms and conditions.
This Site is operated by Eolas from the United States and is intended for use by individuals located within the United States. We make no representations that the Site or its content are appropriate or available for access or use in other jurisdictions. If you choose to access the Site from outside the United States, you do so at your own initiative and are solely responsible for complying with any applicable local laws.
We may update these Terms from time to time by posting the revised version on the Site. Your continued use of the Site after any changes constitutes your acceptance of the updated Terms.
The laws of the State of Florida govern the Agreement, excluding conflict of law principles.
To the fullest extent permitted by law, you and Eolas agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site exclusively through final and binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. Arbitration will take place in a location of Eolas’s choosing, unless otherwise mutually agreed by the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
You acknowledge and agree that you and Eolas are each waiving the right to a trial by jury and to participate in a class action, class arbitration, or other representative proceeding. All claims must be brought in the parties’ individual capacities only.
Opt-Out: You may opt out of arbitration by sending written notice to legal@eolas.co within thirty (30) days of your first use of the Site. Your notice must include your full name and clearly indicate your intent to opt out of arbitration. If you opt out, this arbitration provision will not apply to you, but all other provisions of these Terms will remain in effect.
These Terms, together with our Privacy Policy and any other legal notices published by Eolas on the Site, constitute the entire agreement between you and Eolas with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be limited or eliminated to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
For questions about these Terms, please contact:
Eolas
PO Box 1368
Orlando, FL 32802-1368
help@eolas.co
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