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Effective: September 1st, 2020
Last Modified: September 1st, 2020


ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between you and Ellingson Drainage, Inc. (”Ellingson”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Terms”), govern your access to and use of our website at https://ellingson.app, our application, and any other digital services including any content, functionality, and services we offer (collectively, our “System”).

Please read the Terms of Use carefully before you start to use the System. By accessing, browsing, using or subscribing to, or registering for the System, you acknowledge that you have read, understood, and agree to be bound by the following terms, which incorporates by reference our Privacy Notice. If you do not agree to these Terms of Use, you must not access or use the System.

Our System is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the System, you represent and warrant that you are of legal age to form a binding contract with Ellingson and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not
access or use the System.‌

 

CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on our System, and apply to all access to and use of the System thereafter. Your continued use of the System following the posting of revised Terms of Use means that you accept and agree to the changes.

 

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the System, and any services or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the System, or the entire System, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the System and ensuring that all persons who access the System through your internet connection are aware of these Terms of Use and comply with them.

To access the System or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the System that all the information you provide on the System is correct, current, and complete. You agree that all information you provide to register with this System or otherwise, including but not limited to through the use of any interactive features on the System, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the System or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

INTELLECTUAL PROPERTY RIGHTS

The System and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ellingson, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret,
and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the System for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our System, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the System for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our User Agreement for such applications.

You must not:

  • Modify copies of any materials from the System.
  • Use any illustrations, photographs, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the System or any services or materials available through the System.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the System in breach of the Terms of Use, your right to use the System will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the System or any content on the System is transferred to you, and all rights not expressly granted are reserved by the Ellingson. Any use of the System not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

‌TRADEMARKS

The Ellingson name, the terms “Ellingson Companies” and “Ellingson Drainage,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Ellingson or its affiliates or licensors. You must not use such marks without the prior written permission of Ellingson. All other names, logos, product and service names, designs, and slogans on this System are the trademarks of their respective owners.

 

PROHIBITED USES

You may use the System only for lawful purposes and in accordance with these Terms of Use. You agree not to use the System:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Ellingson, a Ellingson employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the System, or which, as determined by us, may harm the Ellingson or users of the System or expose them to liability.

Additionally, you agree not to:

  • Use the System in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the System, including their ability to engage in real time activities through the System.
  • Use any robot, spider, or other automatic device, process, or means to access the System for any purpose, including monitoring or copying any of the material on the System.
  • Use any manual process to monitor or copy any of the material on the System or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the System.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the System, the server on which the System is stored, or any server, computer, or database connected to the System.
  • Attack the System via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the System.

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THIRD-PARTY MATERIALS; RELIANCE ON INFORMATION

The System may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services or through third-party advertising (“Third-Party Materials”).

You acknowledge and agree that Ellingson is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Ellingson does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

ANY RELIANCE YOU PLACE ON THE INFORMATION PROVIDED BY THE SYSTEM IS AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. YOUR USE OF THE SYSTEM CONSTITUTES AN ACKNOWLEDGEMENT BY YOU OF THE FOREGOING TERMS.

All statements and/or opinions expressed in any Third-Party Materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Ellingson.

 

CHANGES TO THE SYSTEM

We may update the content on the System from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the System may be out of date at any given time, and we are under no obligation to update such material.

This System may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the System.
  • Send emails or other communications with certain content, or links to certain content, on the System.
  • Cause limited portions of content on the System to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the System or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the System other than the homepage.
  • Otherwise take any action with respect to the materials on this System that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

 

LINKS FROM THE SYSTEM

If the System contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked
to this System, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

GEOGRAPHIC RESTRICTIONS

Ellingson is based in the state of Minnesota in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the System content outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the System from outside the United States, you are responsible for compliance with local laws.

 

‌ELECTRONIC COMMUNICATIONS

Visiting the System, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences or contact us at support@ellingson.app. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

 

DISCLAIMER OF WARRANTIES

THE SYSTEM IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELLINGSON, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SYSTEM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITATION TO THE FOREGOING, ELLINGSON PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SYSTEM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, WEBSITES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELLINGSON OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SYSTEM OR THE CONTENT AND SERVICES FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR USE OF THE SYSTEM.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ELLINGSON WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ellingson and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the System or your breach of this Agreement.

 

Governing Law and Jurisdiction

All matters relating to the System and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), is governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in Minneapolis, Minnesota and Hennepin County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.‌

 

Your Comments and Concerns

The System is operated by Ellingson Drainage, Inc., 56113 State Hwy 56, West Concord, MN 55985.

All other feedback, comments, requests for technical support, and other communications relating to the System should be directed to: support@ellingson.app

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