Last issued; May 2018

Thank you for visiting www.elucidat.com. These Terms of Use (together with the documents referred to in them) shall apply. Please read these Site Terms of Use carefully before using this Site. 

1.) Definitions

Content” refers to any text, photograph or other image presented on this Site;

Free Trial” means any free, temporary and/or limited use of the Software as may be permitted by Elucidat at its sole discretion;

Elucidat” refers to Elucidat Limited, or us, we, a company registered in England with registered number 8526821 and having its registered office at 22-23 Kensington Street, Brighton, BN1 4AJ, United Kingdom;

This Site” refers to all Internet pages in the www.elucidat.com domain and all subdomains;

Software” means the e-learning software provided by Elucidat from time to time;

Subscribers” means individuals or entities using the Software by Subscription;

Subscription” means any paid-for license to use the Software pursuant to a License Agreement;

 “User” refers to any person viewing or interacting with this Site, including “you.”

2.) Site Terms of Use

a.) These Terms of Use apply to the entire Content of our Site and any correspondence between us. By using this Site, you agree to comply with these Terms of Use.

b.) If you do not agree to these Terms of Use, disconnect from this Site and do not use this Site further.

c.) Unless you are a Subscriber, your right to use this Site is at our sole discretion, and we may refuse or block your usage of the Site and/or refuse any application for a Free Trial or Subscription at any time.

3.) Site Access and Use

a.) You may access some areas of our Site without registering your details with us. Certain areas of our Site are only open to Subscribers.

b.)If you are not a Subscriber, you are permitted to access, print and download extracts of our Site which are accessible to you solely for the purposes of evaluating Elucidat and the Software for your own internal purposes on the following basis:

1.) No Content is modified in any way;

2.) Proprietary notices are not removed from any Content.

c.) All content and materials on this Site, save where otherwise expressed, are subject to copyright and are protected by worldwide intellectual property laws and treaty provisions. No logo, graphic, text, sound or image from this Site may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Elucidat’s prior written permission. Except as expressly provided herein, Elucidat does not grant any express or implied right to you under any patents, copyrights, designs or trademarks.

4.) Free Trials

a.) Where we provide you with any access to the Software on a Free Trial basis, we do so on the following basis:

1.) Free trials are entirely without obligation in relation to any Subscription services.

2.) No credit card or payment details will be taken.

3.) Only one Free Trial may be permitted per business or business division.

4.) The Software accessible on a Free Trial basis may be limited to only part of the Software normally accessible to Subscribers.

5.) Access to the Software shall only continue for the duration of the Free Trial. 

6.) Once your Free Trial ends, you will no longer be able to able to access any materials uploaded to or created using the Software. It will be your responsibility to export any of your authored e-learning materials from the Software at the end of your Free Trial. 

7.) We reserve the right to refuse a Free Trial for any reason at our sole discretion.

8.) Access to the Software via a Free Trial shall be entirely at the risk of the User and subject to the Conditions, Disclaimers and Limitations of Liability as contained in these Terms of Use.

9.) Any misuse of our Free Trials (e.g., by subscribing for multiple Free Trials to avoid applicable Subscription fees) shall entitle us to immediately suspend a Free Trial, refuse any further Free Trials for the same individuals or business, and we reserve the right to charge you for all use of the Software made after the first Free Trial period.

10.) Participation in a Free Trial does not confer or imply any right to purchase a Subscription.

5.) Conditions of Use of this Site

a.) Except where otherwise expressed or agreed, all opinions, advice, statements, offers or other information content made available through this Site are provided for convenience only and should not be relied upon. Elucidat assumes no responsibility for any opinions, advice, statements, offers or other information provided on this Site. Elucidat does not guarantee the accuracy, completeness, or usefulness of any information on this Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. 

b.) Elucidat is not responsible for any Content that is illegal, offensive or otherwise actionable which is not published by Elucidat. Under no circumstances will Elucidat be responsible for any loss or damage resulting from any User’s reliance on information or other Content posted on this Site or transmitted to Users.

c.) Elucidat reserves the right, but has no obligation, to edit or remove any Content and/or the Site or any part of them without question, reason or notice.

d.) The Content made available on this Site is provided “as is” without warranties of any kind, either express or implied, including but not limited to all implied warranties of satisfactory quality, fitness for a particular purpose, title, or non-infringement of any third-party rights including, without limitation, intellectual property rights.

e.) Elucidat does not warrant that the Content or the Site will be error free, nor free of viruses, nor free from defamatory, offensive, infringing or other harmful matter. The Content may include inaccuracies or typographical errors that will be corrected as they are discovered at Elucidat’s sole discretion. You acknowledge that Elucidat has not undertaken any verification of Content featured on this Site.

6.) Site Links 

This Site links to websites operated by third parties. Elucidat does not control these third-party websites and is not responsible for their content. The presence on this Site of a link to a website operated by a third-party does not imply any endorsement by Elucidat of that third-party or of any products or services advertised, or other information or content featured on that website. Nor does it constitute any assurance by Elucidat that that website has in place security measures to protect information which you may submit online.

7.) Conduct of users

a.) You acknowledge that you are solely responsible for interactions with other Users of this Site (if any) and any Elucidat personnel, and that you are solely responsible for all materials you publish or post to this Site or transmit to other Users of this Site.

b.) You agree that by interacting with this Site or providing materials to Elucidat, you are granting Elucidat permission to use that material for the purposes that it is provided.

c.) You agree not to post, distribute or reproduce in any way any copyright material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

d.) You will not include material on this Site that contains offensive, obscene or otherwise unlawful references, offensive language, or other material that we may consider could bring Elucidat or the Site or Software into disrepute.

e.) Elucidat reserves the right, but has no obligation, to reject any text, photograph or other image that does not comply with these prohibitions.

f.) You agree not to transmit any chain letters, spam letters, or junk email to other Users, and not to participate in mischievous or malicious behavior which causes damage or may cause damage to Elucidat or this Site or any of the computer systems on which this Site resides. You agree not to attempt to bypass any of the security measures implemented on this Site or on any of the computer systems on which this Site resides.

8.) Disclaimer of warranty and limitation of liability

a.) Under no circumstances shall Elucidat, nor affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the Content or this Site or any linked site, even if Elucidat is advised of the possibility thereof, nor for any claim.

b.) Elucidat hereby expressly disclaims any and all warranties, including without limitation, any warranties to the availability, accuracy, or information, products or services, and any warranties of satisfactory quality or fitness for a particular purpose.

c.) Elucidat shall in no event be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records for any cause of action.

d.) Nothing in the above limits Elucidat’s liability for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict.

9.) Privacy Policy 

Our Privacy Policy shall apply.

10.) Security Policy 

Our Security Policy shall apply.

11.) Law and Jurisdiction

 The Site and these Terms of Use are governed by and construed under the laws of England and Wales.  If any party wants to take court proceedings in relation to the Site, it must do so in the courts of England. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access the Site.

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