Elpha Secure's Legal Terms

Terms of Use

Thank you for your interest in Elpha Secure Technology Inc. (“Elpha Secure”, “we”, “our”, or “us”) and our website at www.ElphaSecure.com (together with any other websites owned and/or operated by us, our “Site”).  These Terms of Use (these “Terms”) are a legally binding contract between the user of the Site (“you” or “your”) and Elpha Secure regarding your access and use of the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.  By accessing or using the information, content, documentation, Sample Code (as defined below), tools, or other materials that are or may be made available by Elpha Secure in, on, or through the Site (the “Materials”), or submitting content to the Site, you acknowledge that you have read, understood, and agree to be bound by the Terms.  If you are not eligible (as set forth in Section 2 below), or otherwise do not agree to the Terms, then you do not have our permission to use the Site.

1. Site Overview.  The Site provides Materials primarily related to Elpha Secure and its cybersecurity and systems management software and support (the “Elpha Secure Software”).  The Site may include inaccuracies or typographical errors.  Elpha Secure may make improvements and/or changes to the Site and the Materials at any time, in its sole discretion, without notice.

2. Eligibility.  By agreeing to these Terms, you represent and warrant to us that:  (a) you are at least 18 years of age, (b) you have not previously been suspended or removed from the Site, and (c) your registration (where applicable) and your use of the Site are in compliance with all applicable laws and regulations.  If you are using the Site on behalf of an entity, organization, or company (each a “Represented Entity”), you represent and warrant that you have the authority to bind such Represented Entity to these Terms, you agree to be bound by these Terms on behalf of that Represented Entity, and all references to you throughout these Terms shall include such Represented Entity.  

3. Accounts and Registration.  To access certain features of the Site, including your client portal, you must register for an account.  When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information.  You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.  When you register, you will be asked to create a password.  You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.  Elpha Secure reserves the right to refuse access to certain areas of the Site, at any time, without notice, and for any reason.  If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@elphasecure.com.

4. Use of Software; Orders and Payment Terms.  Any use by you of Elpha Secure Software is subject to other agreements, such as the Elpha Secure Subscription Software Agreement that accompanies or is included with the Elpha Secure Software or is otherwise signed by you (the “Elpha Secure License Terms”).  Only those transaction-specific terms contained in the Elpha Secure License Terms stating the product or services ordered, quantity, price, payment and other terms contained in the Elpha Secure License Terms will have any force or effect with respect to, and shall govern, the use and license of the Elpha Secure Software.  You hereby acknowledge and agree that any decision to purchase or use any Elpha Secure product or service will be based on the then-existing version and features of such product or service and not on any unreleased or expected version or features.  

5. Privacy Policy.  Please read carefully the Elpha Secure Privacy Policy, which can be found on Elpha Secure’s website, for information relating to our collection, use, storage, and disclosure of any information that you may enter into the Site as well as other information collected about you when you use the Site.  By providing personal information to Elpha Secure, you consent to the terms of the Elpha Secure Privacy Policy, which is incorporated by reference into, and made a part of, these Terms.

6. Restrictions on Site Use; Conduct During Use of Site.  

6.1 - You may not use the Site or Materials in any manner that negatively impacts Elpha Secure or its authorized users, including to compete with Elpha Secure in any manner.  You may download, store, display on your computer, view, listen to, play and print Materials published or broadcast on the Site or made available for download through the Site subject to the following:  (a) except as otherwise set forth in these Terms, the Materials may be used solely for informational, noncommercial purposes for your benefit and may not be modified or altered in any way, and (b) the Materials may not be redistributed.

6.2 - While using the Site, including submitting or using any User Content (as defined below), you will comply with all applicable laws, rules and regulations.  Your use of the Site is conditioned on your compliance with the rules of conduct set forth herein.  

6.3 - You agree that you will not post, transmit, or otherwise make available, through or in connection with the Site, anything that is or may be (i) threatening, harassing, degrading or hateful, defamatory, fraudulent or tortious, obscene, indecent, offensive or otherwise objectionable, or protected by patents, copyright, trademark or other proprietary right without the express prior written consent of the owner of such right; (ii) User Content that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; (iii) any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software; (iv) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; or (v) any personal attacks or any type of “flaming” of other users or any “trolling”, i.e., posting topics or opinions that are designed to provoke a negative response from one or more specific users. 

6.4 - You further agree that you will not (i) use the Site for any fraudulent, illegal or unlawful purpose or in violation of any local, state, national or international law or to compete with Elpha Secure; (ii) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; (iii) harvest or collect personally identifiable information about other users of the Site; (iv) impersonate any person or entity, including any representative of Elpha Secure, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Elpha Secure endorses any statement you make; (v) interfere with or disrupt the operation of the Site, including security-related features of the Site, including by (A) disabling or circumventing features that prevent or limit use or copying of any content, (B) reverse engineering or otherwise attempting to discover the source code of any portion of the Site, except to the extent that the activity is expressly permitted by applicable law, or (C) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (vi) restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site); (vii) use the Site to advertise or offer to sell or buy any goods or services; (viii) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site (including any User Content, Elpha Secure Software and other Materials); (ix) modify, adapt, create derivative works of, translate, reverse engineer, decompile, or disassemble any portion of the Site (including any content and other Materials available through the Site); (x) remove any copyright, trademark or other proprietary rights notice from the Site or content, Elpha Secure Software or other Materials; (xi) frame or mirror any part of the Site without Elpha Secure’s express prior written consent; (xii) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site; (xiii) use the Site or any Materials for any benchmarking or other competitive purposes; or (xiv) link to the Site without Elpha Secure’s prior written consent.

7. Third Party Links.  The Site may contain links to third party sites.  Any such linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site.  We reserve the right to remove any links at any time.  Inclusion of a link does not imply endorsement by Elpha Secure of third party companies or products.  If you decide to access any of the third party sites linked, you do so entirely at your own risk.

8. User Content.

8.1 - User Content Generally.  Certain features of the Site may permit users to upload content to the Site, including (i) images, video, data, text, source code, and other types of works, (ii) questions and answers about the Elpha Secure Software, or (iii) use cases, integration information, and sample queries for use with the Elpha Secure Software (collectively, “User Content”).

8.2 - User Content Submitted by You.  By submitting User Content to the Site, you acknowledge and agree that:  (i) you have authorized the public distribution of the User Content, (ii) Elpha Secure is not under any obligation of confidentiality, express or implied, with respect to such User Content, (iii) Elpha Secure shall be entitled to use or disclose (or choose not to use or disclose) such User Content for any purpose, in any way, in any media worldwide, including to create features and/or functionality of the Elpha Secure Software, (iv) Elpha Secure may have something similar to such User Content already under consideration or in development and does not waive any rights to use similar or related ideas, including to the extent previously known or developed by Elpha Secure or obtained from sources other than you, and (v) you are not entitled to any compensation or reimbursement of any kind from Elpha Secure for such User Content under any circumstances.

8.3 - License Grant to User Content.  By posting User Content you grant Elpha Secure and any users of the Site a worldwide, perpetual, non-exclusive, sub-licensable, irrevocable, royalty-free, fully-paid, right and license under all of your intellectual property rights to such User Content to host, store, transfer, display, use, make, sell, perform, reproduce, modify, distribute and otherwise fully exploit your User Content, in whole or in part, for any and all purposes.

8.4 - User Content Representations and Warranties.  You are solely responsible for your User Content and the consequences of posting, using, or publishing User Content.  By posting or publishing User Content, you represent and warrant that: (i) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Elpha Secure and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you above, in the manner contemplated by Elpha Secure, the Site, and these Terms, including the authorization of a Represented Entity if required, and (ii) your User Content, and the use of your User Content as contemplated by these Terms, do not and will not:  (A) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, and (B) cause Elpha Secure or any third parties to violate any law or regulation.

8.5 - User Content Disclaimer.  We are under no obligation to monitor, edit, or control User Content that you or other users post or publish, and we will not in any way be responsible or liable for User Content, including any actions you may take based on User Content.  Elpha Secure may, however, at any time and without prior notice, screen, remove, edit, or block any User Content, including any such User Content that in Elpha Secure’s sole judgment violates these Terms or is otherwise objectionable.  You understand that when using the Site, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable or have unintended consequences.  You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Elpha Secure with respect to User Content.  We expressly disclaim any and all liability in connection with User Content.  No materials or content made available through the Site constitutes a promise or undertaking by Elpha Secure, including a promise or undertaking to develop, incorporate, implement, or take any other action regarding an idea, or to refrain from doing so.  Any unreleased product or service (including any related feature) may not be made available on time or at all, notwithstanding any comments Elpha Secure or its representatives may make.  Elpha Secure does not guarantee that any User Content will work for your purposes or that User Content is free from security exposures, bugs, defects, or other issues.  User Consent is provided “as is.”   Elpha Secure provides no indemnification, express warranties, or guarantees with regard to User Content or the Site.  To the extent permitted under applicable law, Elpha Secure excludes implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

9. Sample Code and API Documentation.  Certain portions of the Site may contain computer program examples, along with associated documentation and other example files or directories provided by Elpha Secure (“Sample Code”) that assist third parties in building integrations to Elpha Secure’s application programming interfaces that enable external applications to access Elpha Secure Software (e.g., via SOAP- or REST-based interfaces) (“Elpha Secure API’s”).  This Section 9 applies to your use of the Sample Code. 

9.1 - Restrictions on Sample Code.  The fact that Sample Code may exist as set out above does not grant you any rights to any Elpha Secure intellectual property.  In addition, you will not yourself – nor through any affiliate, agent, or third party – use, modify, reproduce, create derivative works of, or distribute the Sample Code.

9.2 - No Commercialization.  Sample Code shall be for your internal business use only. You may not use the Elpha Secure API’s for any commercial purpose or to compete with Elpha Secure.  You may not publicly claim or advertise an integration with Elpha Secure based on your use of the Sample Code.  

9.3 - Liability.  You shall be solely responsible for use of any Sample Code and shall indemnify, defend, and hold the Elpha Secure Indemnitees (as defined below) harmless from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with the Sample Code.

9.4 - Additional Terms.  Elpha Secure is not obligated to provide any testing or technical support for any Sample Code.  Elpha Secure does not guarantee that the Sample Code will work for your purposes or that it is free from security exposures, bugs, defects, or other issues.  Sample Code is provided “as is”.  You alone bear the risk of using Sample Code.  Elpha Secure will bear no liability whatsoever with respect to Sample Code and provides no indemnification, express warranties, or guarantees with regard to Sample Code.  To the extent permitted under applicable law, Elpha Secure excludes implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement with respect to Sample Code.  Your use of the Sample Code is not subject to any commitments provided by Elpha Secure under any other agreements Elpha Secure may have with you.  Elpha Secure reserves the right to remove or replace Sample Code at any time.

10. Digital Millennium Copyright Act.

10.1 - Notification.  We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).  If you have a complaint related to intellectual property rights concerning any material posted on the Site, including User Content, you may contact us at the following address:  Elpha Secure Technology Inc., 576 Fifth Avenue, Suite 903, New York, NY 10036.  Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include the following information:  (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that you claim has been infringed, (ii) a description of the copyright-protected work or other intellectual property right that you claim has been infringed, (iii) a description of the material that you claim is infringing and where it is located on the Site, (iv) your address, telephone number, and email address, (v) a statement by you that you have a good faith belief that the use of those materials on the Site is not authorized by the copyright owner, its agent, or the law, and (vi) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

10.2 - Repeat Infringers.  Elpha Secure will promptly terminate the accounts of users that are determined by Elpha Secure to have repeatedly posted or shared User Content that may infringe the rights of others.

11. Export Compliance.  The Materials, User Content, and derivatives thereof may be subject to export and import laws and regulations of the United States and other jurisdictions.  You represent that you are not named on any U.S. government denied-party list.  You will not permit any access to, or use any Materials or User Content in or from, a U.S.-embargoed country, as such list of countries may be updated from time to time, or in violation of any export or import law or regulation of any jurisdiction.

12. Termination of Use; Discontinuation and Modification of the Site.  You may terminate your account at any time by contacting customer service at support@elphasecure.com.  If you violate any provision of these Terms, your permission from us to use the Site will terminate automatically.  In addition, Elpha Secure may in its sole discretion terminate your user account on the Site or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice.  We also reserve the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you.  We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site.

13. Modification of these Terms.  We reserve the right, at our discretion, to change or amend these Terms on a going-forward basis at any time.  Please check these Terms periodically for changes as indicated by the “last updated date”.  By continuing to access or use the Site after these Terms have changed, you indicate your agreement to any revised Terms.  If you do not agree to the changes, you should stop accessing or using the Site.  Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

14. Ownership; Propriety Rights.  The Site is owned and operated by Elpha Secure.  The visual interfaces, graphics, design, compilation, information, documents, data, software, computer code (including source code or object code), Sample Code, services, and all other elements of the Site provided by Elpha Secure, including the Materials (together, the “Elpha Secure Property”), are protected by intellectual property and other laws.  All Elpha Secure Property contained in the Site are the property of Elpha Secure or our third party licensors, as applicable.  Except as expressly authorized by Elpha Secure, you may not make use of the Elpha Secure Property.  Elpha Secure reserves all rights to the Elpha Secure Property not granted expressly in these Terms.

15. Feedback.  If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site, Elpha Secure Software, or any other Elpha Secure Property (collectively, “Feedback”), then you hereby grant Elpha Secure an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site, the Elpha Secure Software, or any Elpha Secure Property.

16. Indemnity.  You are responsible for your use of the Site, and you will defend and indemnify Elpha Secure and its officers, directors, managers, members, employees,  advisors, consultants, affiliates, attorneys, subsidiaries and agents (together, the “Elpha Secure Indemnitees”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:  (a) your access to, use of, or alleged use of, the Site, (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation, (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, or (d) any dispute or issue between you and any third party.  

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

17. Disclaimers; No Warranties.

THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.  THE ELPHA SECURE INDEMNITEES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.  THE ELPHA SECURE INDEMNITEES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ELPHA SECURE INDEMNITEES, THE ELPHA SECURE SOFTWARE, ANY OTHER ELPHA SECURE PROPERTY, OR THE SITE, THAT IS NOT EXPRESSLY STATED IN THESE TERMS.  YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, YOUR DEALING WITH ANY OTHER SITE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE.  YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR USER CONTENT THROUGH THE SITE, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR NETWORK, ENDPOINTS, COMPUTER SYSTEM OR MOBILE DEVICES USED IN CONNECTION WITH THE SITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR USER CONTENT.

18. Limitation of Liability.

IN NO EVENT WILL THE ELPHA SECURE INDEMNITEES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR USER CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ELPHA SECURE INDEMNITEES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

THE AGGREGATE LIABILITY OF THE ELPHA SECURE INDEMNITEES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SITE, ANY INABILITY TO USE ANY PORTION OF THE SITE, ANY MATERIALS, USER CONTENT ON THE SITE, OR OTHERWISE UNDER OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS.  THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND ALLOWING YOU USE OF THE SITE.  EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.  THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

19. Governing Law.  These Terms are governed by the laws of the State of New York without regard to conflict of law principles.  If a lawsuit or court proceeding is permitted under these Terms, and is not otherwise subject to arbitration pursuant to Section 21 below, then you and Elpha Secure agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of New York, City of New York, Borough of Manhattan, for the purpose of litigating any dispute, and you shall not assert that such forum is inconvenient or inappropriate.  

20. General.  These Terms, together with any other Elpha Secure policies or agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Elpha Secure regarding your use of the Site.  Except as expressly permitted above in Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.  You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent of Elpha Secure.  Elpha Secure may assign these Terms at any time without notice or consent.  The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of any provision of these Terms be a waiver of any subsequent breach or default or a waiver of the provision itself.  Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.  If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.  Upon any termination of these Terms by Elpha Secure, Sections 2, 4–6, 8-12, and 14-22 will survive such termination.

21. Dispute Resolution and Arbitration.

21.1 - Generally.  In the interest of resolving disputes between you and Elpha Secure in the most expedient and cost effective manner, you and Elpha Secure agree that, unless prohibited by law, every dispute arising in connection with these Terms and the use of the Site will be resolved by binding arbitration.  This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms and the use of the Site, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.  YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ELPHA SECURE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION.

21.2 - Exceptions.  Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to seek injunctive relief in court.

21.3 - Arbitration Rules.  Any arbitration between you and Elpha Secure will be governed by the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association and will be held in the State of New York, City of New York, Borough of Manhattan, and will be conducted in the English language.  

21.4 - No Class Actions.  YOU AND ELPHA SECURE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and Elpha Secure agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

21.5 - Enforceability.  If this Section 21 is found to be unenforceable, the parties agree that the exclusive jurisdiction and venue described in Section 19 will govern any action arising out of or related to these Terms and the use of the Site.

22. Consent to Electronic Communications.  By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy, which can be found on our website (www.ElphaSecure.com).  Please read our Privacy Policy to learn more about our electronic communications practices.  You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

23. Contact Information.  The Site is offered by Elpha Secure.  You may contact us by sending correspondence to Elpha Secure Technology Inc., 576 Fifth Avenue, Suite 903, New York, NY 10036, or by emailing us at support@elphasecure.com.