Humble Elephant and the humbleelephant.com website (collectively, the "Sites") is brought to you by Humble Elephant, LLC and its affiliates ("Humble Elephant"). Humble Elephant provides the Sites to you subject to these Conditions of Use.
By using the Sites, you are agreeing to these Conditions of Use. Please read them carefully.
When you use the Sites, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on or through the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through the Sites, such as text, graphics, logos, button icons, images, books, digital downloads, and data compilations, is the property of Humble Elephant or its content suppliers and protected by United States and international copyright laws. The compilation of all content accessible through the Sites is the exclusive property of Humble Elephant and protected by U.S. and international copyright laws.
HUMBLE ELEPHANT, humbleelephant.com, and other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Sites are trademarks, registered trademarks or trade dress of Humble Elephant in the U.S. and other countries. Humble Elephant’s trademarks and trade dress may not be used in connection with any product or service that is not Humble Elephant's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Humble Elephant. You may not use any Humble Elephant logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from Humble Elephant. All other trademarks not owned by Humble Elephant that appear in the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Humble Elephant.
License and Site Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Humble Elephant or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Sites. This license does not include any resale or commercial use of the Sites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use are reserved and retained by Humble Elephant or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Sites nor any part of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Humble Elephant. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Humble Elephant without express written consent. You may not use any meta tags or any other "hidden text" utilizing Humble Elephant's name or trademarks without the express written consent of Humble Elephant. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of eficonnections.com so long as the link does not portray Humble Elephant, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Humble Elephant logo or other proprietary graphic or trademark as part of the link without express written permission.
You may not misuse the Sites. You may use the Sites only as permitted by law. The licenses granted by Humble Elephant terminate if you do not comply with these Conditions of Use.
If you choose to access the Sites, you do so on your own initiative and are responsible for compliance with local laws. Products made available on the Sites may be subject to local laws and regulations and you are responsible to ensure that your use of the products are not in violation of those laws and regulations.
As a registered user of the Sites, you may receive or establish one or more passwords and accounts ("Account"). If you use the Sites, you are responsible for maintaining the confidentiality of your Account(s) and for restricting access to your computer(s) or device(s), and you agree to accept responsibility for all activities that occur under any of your Accounts. Humble Elephant does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sites only with the involvement of a parent or guardian. Humble Elephant reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
We may permit visitors to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
If you do post content or submit any material to us, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Humble Elephant and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Humble Elephant for all claims resulting from content you supply. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. Humble Elephant takes no responsibility and assumes no liability for any content posted by you or any third party.
Your right to use the Sites will automatically terminate if you violate these Conditions of Use. In case of such termination, we may terminate your access to the Sites without notice and you will not receive a full or partial refund of any fees already paid. Our failure to insist upon or enforce your strict compliance with the Conditions of Use will not constitute a waiver of any of our rights.
Termination of Sites
Our business may change over time and we reserve the right to modify the Sites. We also reserve the right to suspend or discontinue the Sites or your use of the Sites, in whole or in part, at any time with or without notice and without liability to you.
Disclaimer of Warranties and Limitation of Liability
THE SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HUMBLE ELEPHANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HUMBLE ELEPHANT DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES OR ELECTRONIC COMMUNICATIONS SENT FROM THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HUMBLE ELEPHANT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of the Sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using the Sites, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Humble Elephant.
Site Policies, Modification, and Severability
We reserve the right to make changes to the Sites, these Conditions of Use and any policies at any time. Your continued use of the Sites following any changes will indicate your acceptance of such changes. If you do not agree to a change, you must immediately stop using the Sites. If any policies or these Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition or policy shall be deemed severable and shall not affect the validity and enforceability of any remaining condition or policy.
You may contact us through our Contact Us page at http://www.humbleelephant.com/contact-us