Terms of Use
This website is maintained by The James G. Elliott Co., Inc.
Effective Date: October 17, 2023
Binding Effect
This is a binding agreement. By using this Internet site (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by The James G. Elliott Co., Inc. (the "Company") from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Privacy
Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company's current privacy policy can be found below. Company's privacy policy is expressly incorporated into this Agreement by this reference. The Company uses reasonable precautions to maintain the confidentiality of any information provided to it or created, input or developed in connection with the use of this website, but because such information can be accessed through the Internet, the Company provides no assurances that any such information, or any communication through E-mail, will remain secure. In addition, the Company may disclose information collected on this website to its employees, representatives, officers, agents, clients and affiliates, as well as a governmental entity, or any other third party agent or service provider (a) for any purpose related to the conduct of the Company's business or any contest, or providing or maintaining of any services provided on or through this website or (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any government agency or official lawfully requesting such information, or (c) for any other legitimate business purpose.
Copyright
This website is Copyright ©2006, 2011, 2019, 2023. The James G. Elliott Co., Inc. All rights reserved. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The James G. Elliott Co., Inc. or its content suppliers and protected by the laws of the United States and other countries. The compilation of all content on this site is the exclusive property of The James G. Elliott Co., Inc. All software used on this site is the property of The James G. Elliott Co., Inc. or its software suppliers.
This website or any portion of this website may not be reproduced, modified, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of The James G. Elliott Co., Inc.
You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The James G. Elliott Co., Inc., /, so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
Copyright Infringement
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company's designated agent at: The James G. Elliott Co., Inc., 626 Wilshire Blvd., Suite 500, Los Angeles, CA 90017
Tel: (213) 624-0900 x1514, Fax: (213) 624-4389
Email: info@jamesgelliott.com
Alleged Violations
Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
Disclaimers
The Company does not assume and by use of this site you expressly waive and disclaim any liability for any loss or damage of any kind, arising out of or caused by, directly or indirectly, the use of the information provided herein. The Company and its agents and representatives shall not have any responsibility for direct, indirect, consequential, special or other damages incurred by a user of this website in reliance on the accuracy, reliability, completeness, sequence or timeliness of any of the information and/or data provided on this website, nor for any delays or errors in transmission or delivery of any such information.
In addition, and without limiting the foregoing, The Company shall not be liable for any harm caused by the transmission, through the services provided by or with the information contained in this website, of a computer virus or other computer code or programming device that might be used to access, modify, disrupt or otherwise impede in any manner the operation of any software, hardware, data or property of the user.
In addition and without limiting the foregoing, the Company makes no representations and assumes no liability regarding the quality, safety, accuracy or suitability for any use or purpose of any information or software found on any other website not under the control of the Company, regardless of whether such other website is reached through a hyperlink on this website to that other website.
No Warranties
The Company attempts to ensure that the information provided on this website is accurate as of the date of publication. However no warranties of any kind, either expressed or implied, as to the accuracy of the information or its suitability or fitness for a particular purpose, are made. The information contained on this website is subject to change without notice.
THE COMPANY AND ITS AGENTS AND REPRESENTATIVES HEREBY EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES AND MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE AND ERROR-FREE AND UNINTERRUPTED SERVICE. THE COMPANY DOES NOT MAKE ANY WARRANTY OR GUARANTY, OR MAKE ANY REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE USE OR RESULT OF ANY INFORMATION OR SERVICES PROVIDED BY THIS WEBSITE, OR SYSTEM PERFORMANCE AND EFFECTS, OR DAMAGES TO SOFTWARE OR HARDWARE IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE INFORMATION AND/OR DATA CONTAINED ON THIS WEBSITE.
LIMITED LIABILITY
COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Prohibited Uses
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Indemnity
You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Governing Law
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive venue jurisdiction of the state or federal courts in Los Angeles, California, USA, in all disputes arising out of or related to the use of the Site or Service.
Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
No License
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
California Use Only
The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Modifications
Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
Acknowledgement
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Privacy Policy
Website Privacy Policy of The James G. Elliott Co., Inc.
Effective Date: October 17, 2023
1. INTRODUCTION
1.1. PURPOSE OF POLICY. The James G. Elliott Co., Inc. (“us,” “we,” or “Company”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Company Website (the “Site”). We created this Website Privacy Policy (this “Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy.
1.2. NOTICE CONCERNING CHILDREN
PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is under age 13, we will promptly delete any personal information in that user’s account.
2. INFORMATION COLLECTION PRACTICES
2.1. WHAT BASIC INFORMATION DOES THE COMPANY COLLECT?
In operating the Site, Company may include registration, online surveys, and other online forms that ask users to provide their names, e-mail addresses, and other contact information.
2.2. WHAT ADDITIONAL INFORMATION DOES COMPANY COLLECT?
(a) AUTOMATIC COLLECTION. Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
(b) COOKIES. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to our Web site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on our website other than cookies, except as described in section 2.2(a). Cookies help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Web site may be diminished and some features may not work as they were intended.
3. USE AND SHARING OF INFORMATION
3.1. WHAT DOES COMPANY DO WITH COLLECTED INFORMATION?
(a) PERSONAL INFORMATION. We will not share your personal information with any third parties without your consent, except as necessary to provide you with the services offered by us or to comply with the law. We may use your personal information to verify your identity, to check your qualifications, or to follow up with transactions initiated on the Site. We may also use your contact information to inform you of any changes to the Site, or to send you additional information about Company. If you give your permission during the account registration process, we may share your contact information with our business partners or other companies so that they may send you promotional materials. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
(b) ANONYMOUS INFORMATION. We use anonymous information to analyze our Site traffic, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.
(c) USE OF COOKIES. We may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our site, or for other purposes. Promotions or advertisements displayed on our site may contain cookies. We do not have access to or control over information collected by outside advertisers on our site.
(d) DISCLOSURE OF PERSONAL INFORMATION. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Company or its parent company, subsidiaries or affiliates, (2) protect and defend the rights or property of Company or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site.
(e) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through this Web site. If Company or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer.
(f) ACCESS TO INFORMATION. We do not maintain any procedures for you to review or request changes to the information that we collect about you, except that you may request that we remove all information about you from our database by contacting us in accordance with Section 6.1 below.
4. SECURITY
The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
5. WEBSITE AREAS BEYOND COMPANY’S CONTROL
5.1. PUBLIC FORUMS
The Site may include interactive forums such as message boards and chat rooms. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
5.2. THIRD PARTY WEBSITES
The Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.
6. CONTACT INFORMATION AND POLICY UPDATES
6.1. CONTACTING US
If you have any questions about this Policy, our practices related to this Site, or if you would like to have us remove your information from our database please feel contact us at the following:
The James G. Elliott Co., Inc., 626 Wilshire Blvd., Suite 500, Los Angeles, CA 90017
Tel: (213) 624-0900, Fax: (213) 624-4389
Email: info@jamesgelliott.com
6.2. UPDATES AND CHANGES
We reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.