Last Updated: 09/05/2020.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT
CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR
OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER,
OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS
BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY
AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this “Agreement” or “Terms“) is a legal agreement between
you and Elaine One Enterprises® (hereinafter ” “), a company duly organized and validly existing,
located at 244 S Randall Rd, Elgin, Illinois 60123. This Agreement annuls and voids all previous
The Site (https://www.eoneenterprises.com) is operated by . Throughout the Site, the terms “we“,
“us” and “our” refer to . offers this Site, including all information, tools and services available from
this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and
notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree
to be bound by the following terms and conditions, including those additional terms and conditions
and policies referenced herein and/or available by hyperlink. These Terms apply to all users of
the Site, including without limitation users who are browsers, vendors, customers, merchants,
and/or contributors of content. In the event of an inconsistency between this Agreement and any
additional terms or policies referenced herein, the provisions of the additional terms or policies
Please read these Terms carefully before accessing or using our Site. By accessing or using any
part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this
Agreement, then you may not access the Site or use any Service. If these Terms are considered
an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms.
You can review the most current version of the Terms at any time on this page. We reserve the
right to update, change or replace any part of these Terms by posting updates and/or changes to
our Site. It is your responsibility to check this page periodically for changes. Your continued use of
or access to the Site following the posting of any changes constitutes acceptance of those
SECTION 1 – GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state
or province of residence, or that you are the age of majority in your state or province of residence
and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the
use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account
and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion
at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service
announcements and administrative or legal notices from us. Please note that you cannot opt out
of receiving these notices.
You understand that your content (not including credit card information), 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. Credit card information is
always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of
the Site, or access to the Site or any contact on the Site, without express written permission by
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
content is not for resale. Use of the Site does not entitle users to make any unauthorized use of
any protected content, and in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for your personal use, and
will make no other use of the content without the express written permission of and the copyright
owner. You agree that you do not acquire any ownership rights in any protected content. We do
not grant you any licenses, express or implied, to the intellectual property of or our licensors
except as expressly authorized by these Terms.
SECTION 2 – CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Site. The terms “member,”
“membership,” and “account” all refer to this registration as a member on ‘s Site. If you are merely
surfing or browsing through the Site and have not yet created an account, your use of the Site is
still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also ask
you to create a password. Because any activities that occur under your username or password
are your responsibility it is important for you to keep your username and/or password secure. You
may not assign or otherwise transfer your account to any other person or entity. You
acknowledge that is not responsible for third party access to your account that results from theft
or misappropriation of your account. Notify us immediately if you believe that someone has used
your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,
Elaine One Enterprises® will have sufficient grounds and rights to suspend or terminate the
member in violation of this aspect of the Agreement, and as such refuse any and all current or
future use of Elaine One Enterprises® Services, or any portion thereof.
SECTION 3 – CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that you are
solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of the Services, and as such, we do not guarantee the accuracy, integrity
or quality of such content. It is expressly understood that by use of our Services, you may be
exposed to content including, but not limited to, any errors or omissions in any content posted,
and/or any loss or damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by .
Furthermore, you herein agree not to make use of Elaine One Enterprises®’s Services for the
a) uploading, posting, emailing, transmitting, or otherwise making available any content
that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful,
and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any officials, forum
leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with
an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally
have no right to pursuant to any law nor having any contractual or fiduciary relationship
e) uploading, posting, emailing, transmitting or otherwise offering any such content that
may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual
rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any Elaine One Enterprises®Services, servers and/or
networks that may be connected or related to our website, including, but not limited to, the
use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or other
securities exchange, that would include without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having the force of
l) providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as
a “foreign terrorist organization” in accordance to Section 219 of the Immigration
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in the
Elaine One Enterprises® herein reserves the right to pre-screen, refuse and/or delete any content
currently available through our Services. In addition, we reserve the right to remove and/or delete
any such content that would violate the Terms or which would otherwise be considered offensive
to other visitors, users and/or members.
Elaine One Enterprises® herein reserves the right to access, preserve and/or disclose member
account information and/or content if it is requested to do so by law or in good faith belief that any
such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of any
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Elaine One Enterprises®, its
visitors, users and members, including the general public.
Elaine One Enterprises® herein reserves the right to include the use of security components that
may permit digital information or material to be protected, and that such use of information and/or
material is subject to usage guidelines and regulations established by Elaine One Enterprises® or
any other content providers supplying content services to Elaine One Enterprises®. You are
hereby prohibited from making any attempt to override or circumvent any of the embedded usage
rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or
exhibition of any information or materials supplied by our Services, despite whether done so in
whole or in part, is expressly prohibited.
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resource-
center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any
other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export laws;
d) agree not to post, transfer nor upload any software, technology or any other technical
data which would be in violation of the U.S. or other applicable export and/or import laws.
SECTION 5 – SUBMITTED CONTENT
Elaine One Enterprises® shall not lay claim to ownership of any content submitted by any visitor,
member, or user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for Elaine One Enterprises® the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas
o f Elaine One Enterprises®’s Sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting the specific area to
which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Elaine One Enterprises®’s sites, and shall
terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Elaine One Enterprises®’s sites, the license provided to permit
to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services are for the sole purpose of providing and promoting the
specific area in which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Elaine One Enterprises®’s sites
and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly
accessible areas ofElaine One Enterprises®’s sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and/or publicly display said content,
whether in whole or in part, and the incorporation of any such Content into other works in
any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Elaine One Enterprises®’s
Sites are those such areas of our network properties which are meant to be available to the
general public, and which would include message boards and groups that are openly available to
both users and members. However, those areas which are not open to the public, and thus
available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Elaine One Enterprises® may provide an area for our user and members to contribute feedback
to our website. When you submit ideas, documents, suggestions and/or proposals
(“Contributions“) to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b ) shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in
any manner or nature.
SECTION 6 – INDEMNITY
All users and/or members agree to insure and hold Elaine One Enterprises®, our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any
claim or demand, which may include, but is not limited to, reasonable attorney fees made by any
third party which may arise from any content a member or user of our Site may submit, post,
modify, transmit or otherwise make available through our Services, the use of Services or your
connection with these Services, your violations of the Terms of Service and/or your violation of
any such rights of another person.
SECTION 7 – COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
for any commercial reason any part, use of, or access to ‘s sites.
SECTION 8 – MODIFICATIONS
Elaine One Enterprises®reserves the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 9 – TERMINATION
As a member of https://www.eoneenterprises.com, you may cancel or terminate your account,
associated email address and/or access to our Services by submitting a cancellation or
termination request to .
As a member, you agree that Elaine One Enterprises® may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, any email associated with
your account, and access to any of our Services. The cause for such termination, discontinuance,
suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or any other incorporated agreement, regulation
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with
your https://www.eoneenterprises.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account, associated
email address and/or access to any of our Services.
The termination of your account with https://www.eoneenterprises.com shall include any and/or
all of the following:
a) the removal of any access to all or part of the Services offered within
b) the deletion of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
SECTION 10 – LINKS
Either Elaine One Enterprises® or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the availability of
any such external sites or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials, on or available from such third-
party sites or resources. Furthermore, you acknowledge and agree that Elaine One Enterprises®
shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be
a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on
any such content, goods or Services made available on or through any such site or resource.
SECTION 11 – PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Elaine One Enterprises®’s Services and any
essential software that may be used in connection with our Services (“Software”) shall contain
proprietary and confidential material that is protected by applicable intellectual property rights and
other laws. Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
Therefore, except for that which is expressly permitted by applicable law or as authorized by
Elaine One Enterprises® or such applicable licensor, you agree not to alter, modify, lease, rent,
loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works
which are based on Elaine One Enterprises® Services (e.g. Content or Software), in whole or
Elaine One Enterprises® hereby grants you a personal, non-transferable and non-exclusive right
and/or license to make use of the object code or our Software on a single computer, as long as
you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work
from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any
source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any
such right in the Software. Furthermore, you do herein agree not to alter or change the Software
in any manner, nature or form, and as such, not to use any modified versions of the Software,
including and without limitation, for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services through any means other
than through the interface which is provided by Elaine One Enterprises® for use in accessing our
SECTION 12 – WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF ELAINE ONE ENTERPRISES® SERVICES AND SOFTWARE ARE AT
THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED
ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. ELAINE ONE ENTERPRISES® AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) ELAINE ONE ENTERPRISES® AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
ELAINE ONE ENTERPRISES® SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) ELAINE ONE ENTERPRISES® SERVICES OR SOFTWARE
SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ELAINE ONE
ENTERPRISES® SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)
QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR
SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY
SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF ELAINE ONE ENTERPRISES® SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU
SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL,
THAT MAY BE OBTAINED BY YOU FROM ELAINE ONE ENTERPRISES® OR BY WAY
OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 – LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ELAINE ONE
ENTERPRISES® AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO
THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE
LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT
SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 – RELEASE
In the event you have a dispute, you agree to release Elaine One Enterprises®(and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other
third parties) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected to such dispute.
SECTION 15 – NOTICE
Elaine One Enterprises® may furnish you with notices, including those with regards to any
changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or any
which may be herein after developed. Any such notices may not be received if you violate any
aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of
this Agreement constitutes your agreement that you are deemed to have received any and all
notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 16 – INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of theElaine One
Enterprises®trademarks, copyright, trade name, service marks, and otherElaine One
Enterprises®logos and any brand features, and/or product and service names are trademarks
and as such, are and shall remain the property of Elaine One Enterprises®. You herein agree not
to display and/or use in any manner the Elaine One Enterprises®logo or marks without obtaining
Elaine One Enterprises®’s prior written consent.
Elaine One Enterprises® will always respect the intellectual property of others, and we ask that all
of our users do the same. With regards to appropriate circumstances and at its sole discretion,
Elaine One Enterprises® may disable and/or terminate the accounts of any user who violates our
Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such
a way that would constitute copyright infringement, or if you believe your intellectual property
rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of
the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner’s behalf.
The Elaine One Enterprises® agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Elaine One Enterprises®
Attn: Copyright Agent
244 S Randall Rd
Elgin, Illinois 60123
SECTION 17 – ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Elaine One Enterprises®and
shall govern the use of our Services, superseding any prior version of this Agreement between
you and us with respect to Elaine One Enterprises® Services. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain other Elaine
One Enterprises® Services, affiliate Services, third-party content or third-party software.
SECTION 18 – CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Elaine One Enterprises® with regard to the
Agreement that the relationship between the parties shall be governed by the laws of the state of
Illinois without regard to its conflict of law provisions and that any andall claims, causes of action
and/or disputes, arising out of or relating to the Agreement, or the relationship between you and
Elaine One Enterprises®, shall be filed within the courts having jurisdiction within the County of
Cook, Illinois or the U.S. District Court located in said state. You and Elaine One Enterprises®
agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any
and all objections to the exercise of jurisdiction over the parties by such courts and to venue in
SECTION 19 – WAIVER AND SEVERABILITY OF TERMS
At any time, should Elaine One Enterprises® fail to exercise or enforce any right or provision of
the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision
of this Agreement is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of the Agreement remain in full force and
SECTION 20 – NO RIGHT OF SURVIVORSHIP NON-
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein permanently
SECTION 21 – STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the Agreement must be filed
within 1 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 22 – VIOLATIONS
Please report any and all violations of this Agreement to Elaine One Enterprises® as follows:
Elaine One Enterprises®
244 S Randall Rd
Elgin, Illinois 60123
SECTION 23 – GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our
systems, or to ensure the integrity and operation of our business and systems, we may access
and disclose any information we consider necessary or appropriate, including and without
limitation, your information, IP address, and usage history. Our right to disclose any such
SECTION 24 – FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by from our offices within the USA. If you
access the Site from a location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use ‘s content accessed through the Site in any country or in any
manner prohibited by any applicable laws, restrictions or regulations.
SECTION 25 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders if any
information on the Site or on any related Site is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related
Site, including without limitation, pricing information, except as required by law. No specified
update or refresh date applied on the Site or on any related Site, should be taken to indicate that
all information on the Site or on any related Site has been modified or updated.
Every member’s registration data and various other personal information are strictly protected by
https://eoneenterprises.com/privacy-policy/). As a member, you herein consent to the collection
and use of the information provided, including the transfer of information within the United States
and/or other countries for storage, processing or use by Elaine One Enterprises® and/or our
subsidiaries and affiliates.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Elaine One Enterprises®, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Elaine One Enterprises® Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Elaine One Enterprises® Services, any User Content you post, store, or otherwise transmit in or through the Elaine One Enterprises® Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Elaine One Enterprises® Parties of any third-party claim, and Elaine One Enterprises® reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Elaine One Enterprises®, and you agree to cooperate with Elaine One Enterprises® defense of these claims. Elaine One Enterprises® will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
b. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE Elaine One Enterprises® SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY Elaine One Enterprises®; (B) THE Elaine One Enterprises® PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE Elaine One Enterprises® SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) Elaine One Enterprises® DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE Elaine One Enterprises® SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) Elaine One Enterprises® IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE Elaine One Enterprises® ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE Elaine One Enterprises® SERVICES SAFE, Elaine One Enterprises® CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE Elaine One Enterprises® SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Elaine One Enterprises® OR THROUGH THE Elaine One Enterprises® SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
c. Limitation of Liability and Damages
i. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL Elaine One Enterprises® OR THE Elaine One Enterprises® PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE Elaine One Enterprises® SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM TWITCH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Elaine One Enterprises® RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Elaine One Enterprises®, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE Elaine One Enterprises® SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Elaine One Enterprises® SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, Elaine One Enterprises® SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
ii. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Elaine One Enterprises® AND RECEIVED THROUGH OR ADVERTISED ON THE Elaine One Enterprises® SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
iii. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT Elaine One Enterprises® HAS OFFERED THE Elaine One Enterprises® SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Elaine One Enterprises®, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Elaine One Enterprises®. Elaine One Enterprises® WOULD NOT BE ABLE TO PROVIDE THE Elaine One Enterprises® SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
d. Applicable Law and Venue
(i) To the fullest extent permitted by applicable law, you and Elaine One Enterprises® agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Elaine One Enterprises® AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Elaine One Enterprises®.
You and Elaine One Enterprises® agree to arbitrate any dispute arising from these Terms of Service or your use of the Elaine One Enterprises® Services, except that you and Elaine One Enterprises® are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Elaine One Enterprises® agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Elaine One Enterprises® shall be sent to: firstname.lastname@example.org You and Elaine One Enterprises® further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Illinois; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Cook County, Illinois have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Illinois and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Elaine One Enterprises® will not commence against the other a class action, class arbitration, or other representative action or proceeding.
(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of your jurisdiction of residence, and shall be resolved by competent civil courts within your jurisdiction of residence.
YOU AND Elaine One Enterprises® AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Elaine One Enterprises® SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.