Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU START USING THE ELBI OFFERINGS.  THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABLIITY, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING,RIGHT TO JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

Taproot Interventions & Solutions, Inc., a Delaware corporation, doing business as elbi (“elbi”, "we," or "us")provides users with a service available online at www.askelbi.com (the “Website”) and through related mobile and desktop applications (the “elbi Service”, and collectively with the Website, the “elbi Offerings”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms ofUse"), govern your access to and use of the elbi Offerings, including any content, functionality, and services offered on or through the elbi Offerings,whether as a guest or a registered user.

The elbi Offerings include a proprietary database of content to normalize and elevate caregiving, which is supported by a personalized, agentic and conversational AI built specifically for caregivers.  In addition, you may be eligible to interact with a person (an “Assistant”), either on a phone call or by live chat.  However, the elbi Offerings, including interactions with Assistants, are not mental health consulting, addiction counseling, therapy, medical services, medical care, medical direction, an ERISAcovered service, any service requiring licenser in the jurisdiction within which you reside, any in-person service, face-to-face service or tele-medicine service.  

NO MEDICAL ADVICE, NOR ANY MEDICAL, PROFESSIONAL OR COUNSELING CARE IS PROVIDED.  

The elbi Offerings are designed for informational purposes only.  Nothing stated, posted or otherwise provided on or through the elbi Offering (including anything provided by assistants) is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. For purposes of this AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY,OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.   YOU SHOULD NOT RELY ON ANY INFORMATION stated, posted or otherwise provided on or through the elbi Offering (including anything provided by assistants), AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE HEALTH OF ANYONE ELSE, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING PROFESSIONAL, MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH CARE OR OTHER PROFESSIONAL BECAUSE OF SOMETHING YOU RECEIVED THROUGH THE ELBI OFFERINGS. YOUR USE OF OR RELIANCE UPON ANY INFORMATION PROVIDED FROM THE ELBI OFFERINGS IS SOLELY AT YOUR OWN RISK.

IF YOU ARE IN THE UNITED STATES AND THINK YOU OR SOMEONE ELSE IS HAVING A MEDICAL OR HEALTH EMERGENCY, CALL 911 IMMEDIATELY.

THE ELBI OFFERINGS ARE CONTINUALLY UNDER DEVELOPMENT AND ELBI MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE OF THE ELBI OFFERINGS. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION PROVIDED FROM THE ELBI OFFERINGS WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO PARTICULAR MATERIAL.  

OUR ASSISTANTS AND AI AGENT PROVIDE DIRECTION TO CONTENT AVAILABLE WITHIN THE ELBI OFFERINGS AND OTHER GENERAL ADVICE, BUT ASSISTANTS AND THE AI AGENT DO NOT PROVIDE MEDICAL ADVICE, ARE NOT ACTING AS LICENSED PROFESSIONALS, AND ARE NEITHER BUSINESS ASSOCIATES OR COVERED ENTITIES AS SUCH TERMS ARE DEFINED UNDER HIPAA OR ERISA.  ASSISTANTS ARE NOT REQUIRED TO BE MAINTAIN ANY SPECIFIC CREDENTIALS OR CERTIFICATIONS FROM MEDICAL LICENSING BOARDS OR OTHER SIMILAR ORGANIZATIONS, AND PROVIDE DIRECTION AND ASSISTANCE BASED OFF THEIR OWN PERSONAL EXPERIENCES AND THE INFORMATIONAL MATERIALS AVAILABLE IN THE ELBI OFFERINGS.  YOU ARE SOLELY RESPONSIBLE FOR EVALUATING (INCLUDING BY HUMAN REVIEW) ALL AI AGENT OUTPUTS FOR ACCURACY, COMPLETENESS, AND OTHER FACTORS RELEVANT TO YOUR USE BEFORE USING, DISTRIBUTING OR RELYING UPON THE AI AGENT OUTPUTS.

YOUR RELIANCE ON AND USE OF ANY INFORMATION PROVIDED BY THE ELBI OFFERINGS (INCLUDING INFORMATION PROVIDED BY ASSISTANTS AND THE AI AGENT) IS SOLELY AT YOUR OWN RISK.

By using the elbi Offerings or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.askelbi.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the elbi Offerings.

The elbi Offerings are offered and available to users who are 18 years of age or older, and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with elbi and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the elbi Offerings.

The information provided from the elbi Offerings is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. Accordingly, if you are accessing the Site from such locations, you acknowledge that you are doing so on your own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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, and apply to all access to and use of the elbi Offerings thereafter.  The date the Terms of Use was last revised is identified at the top of the page.

It is our policy to post any change we make on this page and with a notice that the Terms of Use has been updated on our website  home page (www.askelbi.com). You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and this Terms of Use page to check for any changes.

Your continued use of elbi Offerings following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you.

Accessing and Account Security

We reserve the right to withdraw or amend the elbi Offerings in our sole discretion without notice. We will not be liable if for any reason all or any part of the elbi Offerings are unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the elbi Offerings or the entire elbi Offerings.

You are responsible for both:

·      Making all arrangements necessary for you to have access to the elbi Offerings.

·      Ensuring that all persons who access the elbi Offerings through your internet connection are aware of these Terms of Use and comply with them.

To access the elbi Offerings 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 elbi Offerings that all the information you provide is correct, current, and complete. You agree that all information you provide to register with us or otherwise, including, but not limited to, through the use of any interactive features on the Website or elsewhere in the elbi Offerings, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, 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 this Website, other elbi Offerings or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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 username, 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.

Mobile Messaging

By consenting to receive mobile text messaging from us via one of our dedicated web forms or otherwise, you are agreeing to receive recurring text messages regarding marketing offers, transactional matters (including related to your account), and any other matters related to the elbi Offerings, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent to receiving mobile text messaging not a condition of purchase.

If you wish to stop receiving text messages from Us, reply with STOP to any text message sent from us. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for signing up to receive mobile text messaging from elbi, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP in response to any of our messages or reach out to us at the contact information provided in this Agreement.

We have the right to modify any telephone number or short code we use to operate our mobile text messaging service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent via our mobile text messaging, any errors in such information, and/or any action you may or may not take in reliance on the information or participating in our mobile text messaging.

Intellectual Property Rights

The Website, other ebli Offerings and their respective 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 elbi, 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 elbi Offerings 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 the elbi Offerings, 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 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 these Terms of Use and any other end user license agreement for such applications.

·      If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

·      Modify copies of any materials from the elbi Offerings.

·      Use any illustrations, photographs, video or audio sequences, 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.

You must not access or use for any commercial purposes any part of the Website or other elbi Offerings.

·       If you wish to make any use of material available in the elbi Offerings other than that set out in this section, please address your request to: privacy@askelbi.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the elbi Offerings in breach of the Terms of Use, your right to use 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 elbi Offerings or any content available through the elbi Offerings is transferred to you, and all rights not expressly granted are reserved by elbi. Any use 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

elbi, taproot, the elbi logo, and all related names, logos, product and service names, designs, and slogans are trademarks of elbi or its affiliates or licensors. You must not use such marks without the prior written permission of elbi. All other names, logos, product and service names, designs, and slogans on the elbi Offerings are the trademarks of their respective owners.

Prohibited Uses

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

·      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 send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

·      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 elbi, an elbi 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 Website, or which, as determined by us, may harm elbi or users of the elbi Offerings, or expose them to liability.

Additionally, you agree not to:

·      Use elbi Offerings in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the elbi Offerings, including their ability to engage in real time activities through them.

·      Use any robot, spider, or other automatic device, process, or means to access the elbi Offerings for any purpose, including monitoring or copying any of the material on the elbi Offerings.

·      Use any manual process to monitor or copy any of the material on the elbi Offerings, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

·      Use any device, software, or routine that interferes with the proper working of the elbi Offerings.

·      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 elbi Offerings, the server on which they are stored, or any server, computer, or database connected to them.

·      Attack the elbi Offerings via a denial-of-service attack or a distributed denial-of-service attack.

·      Otherwise attempt to interfere with the proper working of the elbi Offerings.

User Contributions

The elbi Offerings may contain forums, comment and review posting capabilities, bulletin boards and other interactive features, such as phone calls with Assistants and messaging with elbi, (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to elbi, other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website, including by linking your elbi Offerings’ account to any of your social networking accounts.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you automatically grant us and our service providers, and each of their and our respective licensees, successors, and assigns the unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, reproduce, modify, perform, display, distribute, sell, resell, publish, broadcast, retitle, archive, store, cache, reformat, translate, transmit, excerpt (in whole or part), and otherwise disclose and freely use any of the User Contributions (including, but not limited to, your name, voice and image) for any purpose, commercial, advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such User Contributions, and grant and authorize sublicense of the same, as well as notification to authorities if concerned about potential criminal or illegal activity.  These rights may be used in any media format and through any media channels, as the right and license hereunder applies to any form of media or technology, now known or hereafter developed. You waive all moral rights in the User Contributions, and represent and warrant that moral rights have not otherwise been asserted in your User Contributions.

You represent and warrant that:

·      You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors, and assigns.

·      All of your User Contributions do and will comply with these Terms of Use.

·      Your User Contributions do not contain any personal medical information that would require us to comply with HIPAA or other similar laws, rules or regulations with respect to such information.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not elbi, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.

Monitoring and Enforcement; Termination

We have the right to:

·      Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·      Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for elbi.

·      Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·      Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the elbi Offerings.

·      Terminate or suspend your access to all or part of the elbi Offerings for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the elbi Offerings. YOU WAIVE AND HOLD HARMLESS ELBI AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review user material before it is posted in the elbi Offerings and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

·      Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·      Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·      Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

·      Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

·      Be likely to deceive any person.

·      Promote any illegal activity, or advocate, promote, or assist any unlawful act.

·      Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

·      Impersonate any person or misrepresent your identity or affiliation with any person or organization.

·      Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

·      Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the elbi Offerings is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user or visitor, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by elbi, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of elbi. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website and Other elbi Offerings

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

Information About You and Your Visits to the Website

All information we collect through the elbi Offerings are subject to our Privacy Policy.  By using the elbi Offerings, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

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

·      Link from your own or certain third-party websites to certain content on this Website.

·      Send emails or other communications with certain content, or links to certain content, on this Website.

·      Cause limited portions of content on this Website 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, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

·      Establish a link from any website that is not owned by you.

·      Cause the Website 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 Website other than the homepage.

·      Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in 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 Website or Other elbi Offerings

If the Website or other elbi Offerings contain 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, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website and the other elbi Offerings is based in the State of Arizona in the United States. We provide this Website and the other elbi Offerings for use only by persons located in the United States. We make no claims that the Website, other elbi Offerings, or any of their content is accessible or appropriate outside of the United States. Access to the Website or other ebli Offerings may not be legal by certain persons or in certain countries. If you access the Website or other elbi Offerings from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE OTHER ELBI OFFERINGS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE OTHER ELBI OFFERINGS OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE WEBSITE, OTHER ELBI OFFERINGS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE WEBSITE, OTHER ELBI OFFERINGS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ELBI NOR ANY PERSON ASSOCIATED WITH ELBI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR OTHER ELBI OFFERINGS. WITHOUT LIMITING THE FOREGOING, NEITHER ELBI NOR ANYONE ASSOCIATED WITH ELBI REPRESENTS OR WARRANTS THAT THE WEBSITE, THE OTHER ELBI OFFERINGS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, OTHER ELBI SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, NOR FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ELBI OFFERINGS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ELBI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ELBI OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE OTHER ELBI OFFERINGS (INCLUDING ANY OF THE ELBI ASSISTANTS OR AI AGENT), ANY WEBSITES LINKED TO BY THEM, ANY CONTENT ON THE ELBI OFFERINGS OR OTHER WEBSITES LINKED TO BY THEM, AND PRODUCTS, SERVICES OR INFORMATION OFFER ON THE EBLI OFFERINGS OR ANY WEBSITES LINKED TO BY THEM.  

YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE ELBI OFFERINGS OR SERVICES. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ELBI AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless elbi, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the elbi Offerings, including, but not limited to, your User Contributions, any use of the elbi Offerings, content, services, and products offered hereunder other than as expressly authorized in these Terms of Use, or your use of any information obtained from the elbi Offerings.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in Maricopa County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At elbi's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

Limitation on  Class Actions and Time to File Claims; Waiver of Jury Trial Rights

ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL AND NON-CLASS, NONREPRESENTATIVE BASIS, AND YOU FOREVER WAIVE ANY RIGHT TO BRING SUCH CLAIMS ON A CLASS WIDE, CONSOLIDATED OR REPRESENTATIVE BASIS.  ONLY INDIVIDUAL RELIEF IS AVAILABLE. YOU FUTHER  AGREE AND HEREBY FOREVER WAIVE YOUR RIGHT TO JURY TRIAL WITH RESPECT TO ANY SUCH ACTION.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE ELBI OFFERINGS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by elbi of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of elbi to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and  elbi regarding the elbi Offerings and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.

Your Comments andConcerns

This website is operated by TapRoot Interventions &Solutions, Inc., and we can be reached at:

• 3104 E Camelback Road, Suite 520, Phoenix, AZ 85016 
• privacy@askelbi.com
• or via toll free telephone number at 1-844-ask-elbi (1-844-275-3524)  (to leave a message for support).