USE OF THIS SITE
GutterGenius.com may contain other proprietary notices and copyright
information, the terms of which must be observed and followed.
Information on this site may contain technical inaccuracies or
typographical errors. Information, including product pricing and
availability, may be changed or updated without notice. Elko Products
Company, Inc. (
ELKO) and their subsidiaries reserve the right to refuse
service, terminate accounts, and/or cancel orders in its discretion,
including, without limitation, if
ELKO believes that customer
conduct violates applicable law or is harmful to the interests of
ELKO and its subsidiaries.
CONDITIONS OF USE
By using this site, you signify your agreement to the following
conditions of use without limitation or qualification. Please read
these conditions carefully before using this site.
ELKO
may at any time revise these terms and conditions
by updating this posting. You are bound by any such revisions and
should therefore periodically visit this page to review the then
current terms and conditions to which you are bound.
DISCLAIMER
The materials on this Website are provided "as is" and without
warranties of any kind, either expressed or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose.
ELKO does
not warrant that the functions contained in the materials will be
uninterrupted or error-free, that defects will be corrected, or that
this Website or the server that makes it available are free of viruses
or other harmful components.
ELKO
does not warrant or make any representations regarding the use or the
results of the use of the materials on this Website in terms of their
correctness, accuracy, reliability, or otherwise. You (and not
ELKO
assume the entire cost of all necessary
servicing, repair, or correction. Links to other sites may be available
for access through this home page. Such external Internet addresses
contain information created, published, maintained or otherwise posted
by organizations independent of
ELKO.
ELKO does not
endorse, approve or certify any information, product or service
referenced or provided at such addresses.
LIMITATION OF LIABILITY
While
ELKO uses reasonable
efforts to include accurate and up-to-date information on this Website,
errors or omissions may occur.
ELKO
makes no warranties or representations as to the accuracy of this
Website. Under no circumstances including, but not limited to,
negligence by act or omission, shall
ELKO
or any party involved in creating, producing, or delivering this
Website be liable for any direct, incidental, consequential, indirect,
or punitive damages that result from the use of, or the inability to
use, the materials on this Website, even if
ELKO
or a
ELKO authorized
representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability
of incidental or consequential damages, so the above limitation or
exclusion may not apply to you. In no event shall
ELKO's total liability to you for all damages, losses,
and causes of action exceed the amount paid by you for accessing this
Website.
ELKO assumes no
responsibility and shall not be liable for any damages due to viruses
that may infect your computer equipment or other property on account of
your access to, use of, or browsing in the Website or your downloading
of any materials, data, text, images, video, or audio from this
Website.
RESTRICTIONS ON USE OF
MATERIALS
This site is owned by
ELKO.
Permission is granted to display and navigate around this Website with
a computer using HTML browser software, solely for personal,
non-commercial use. Any commercial or public use of this Website or any
portion hereof is strictly prohibited.
Except as otherwise permitted by
ELKO,
no materials from this Website or any Website owned, operated, licensed
or controlled by
ELKO may be
copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way. You may download material displayed on this
Website for non-commercial, personal use only provided you also retain
all copyright and other proprietary notices contained on the materials.
You may not distribute, modify, transmit, reuse, re-post, or use the
content of this Website for public or commercial purposes, including
the text, images, audio, and video, without
ELKO's written permission.
ELKO
neither warrants nor represents that your use of materials displayed on
this Website will not infringe rights of third parties not owned by or
affiliated with
ELKO.
JURISDICTIONAL ISSUES
This Website is controlled and operated by
ELKO
from its offices within the Commonwealth of Virginia, United States of
America.
ELKO makes no
representation that materials on this Website are appropriate or
available for use in other locations. Those who choose to access this
site from other locations do so on their own initiative and are
responsible for compliance with local laws.
TRADEMARKS/SERVICE MARKS AND
COPYRIGHTS
Images displayed on this Website are either the property of
ELKO, or used with permission from a third party by
ELKO. The use of these images by you, or anyone else
authorized by you, is prohibited unless specifically permitted herein.
Any unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
Nothing contained on the Website should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
trademark or service mark displayed on this Website without the written
permission of
ELKO or such third
party that may own the trademarks or service marks displayed on this
Website. Your use of the trademarks or service marks displayed on this
Website, or any other content on this Website, except as provided
herein, is strictly prohibited.
Inquiries concerning use of
ELKO
trademarks, service marks, trade names, logos, icons, copyrights or
other intellectual property should be addressed to the following areas:
Staub Anderson Green LLC, 55 West Monroe Street, Suite 1925, Chicago,
Illinois, 60603, United States of America.
Any communications or material you transmit to this Website by
electronic mail or otherwise, including data, questions, comments, or
suggestions, will be treated as nonconfidential and nonproprietary and
will become the property of
ELKO
or its affiliates. Such communications or material shall be used for
any purpose including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore,
ELKO is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to this Website for
any purpose whatsoever including, but not limited to, developing and
marketing products using such information.
TRADEMARKS/SERVICE MARK
NOTICES
ELKO®, Gutter
Genius® DIY™, "End Gutter Clutter"™; "Why Pay More?"™; "Sticker Shock?"™;
"The Rainwater Management Company"™, and all other trademarks service
marks, trade names and logos used by
GutterGenius.com
are registered trademarks or service marks of
ELKO and/or its affiliates. All information and
content including any software programs available on or through the
Site ("Content") is protected by copyright. Users are prohibited from
modifying, copying, distributing, transmitting, displaying, publishing,
selling, licensing, creating derivative works or using any Content
available on or through the Site for commercial or public purposes. We
are very protective of our trademarks and service marks. All use of
these marks must be with our permission. We will file appropriate legal
actions to enjoin the unauthorized use of these marks. Under the law,
we would be entitled to collect your profits, our actual damages and,
perhaps, our attorney fees. We thank you for your cooperation.
