Terms & Conditions

These Terms of Service, together with all of the documents referred to or attached herein (collectively, the “Agreement”), is a legal Agreement between you (“you,” “your,” or “user(s)” and Eleglyph, LLC (the “Company,” “us,” “we” or “our”) Montana Limited Liability Company governing the access and use of this website (https://www.Eleglyph.com) (“Website”), including all deliverables, materials, content, functionality, and services offered by the Company (collectively a “Service” or the “Services”) whether as a guest or registered or unregistered user or whether or not you purchase Services from the Company.

Please read these Terms of Service carefully before you start to use our Website or Services. Please also read our Privacy Policy at www.Eleglyph.com/privacy-policy. BY USING OUR WEBSITE OR SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO OUR TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THEM AND THAT YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THEM INCLUDING ALL DOCUMENTS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OUR WEBSITE OR USE OUR WEBSITE OR SERVICES.

By accessing or using our Website or Services, you acknowledge and agree to be legally bound by the terms and conditions set forth in the version of this Agreement that is in effect at the time of such access or use. We reserve the right, in our sole discretion, to revise, amend, or otherwise modify this Agreement at any time. Any such modifications shall be effective immediately upon posting to the Website and shall apply to all subsequent access to and use of the Website or Services. Your continued use of the Website or Services following the posting of modifications constitutes your acceptance of and agreement to be bound by the modified Agreement. If you do not agree to the terms of this Agreement, as amended from time to time, or to our Privacy Policy, you must immediately discontinue use of the Website and Services.

1. Eligibility and Authority

By accessing or using the Website, you represent and warrant that you are at least eighteen (18) years of age, or otherwise of sufficient legal age and capacity to enter into a binding contract, and that you agree to be bound by the terms and conditions of this Agreement.

If you are accepting or agreeing to this Agreement on behalf of another individual, a company, or any other legal entity, you further represent and warrant that you have the full legal right, power, and authority to bind such individual or entity to this Agreement. In such circumstances, all references to “you” or “your” in this Agreement shall be deemed to refer to such individual or entity.

If you do not satisfy all of the foregoing requirements, you are not authorized to access or use the Website, and you must immediately discontinue any such use.

2. Privacy Policy

We value and respect your privacy. Our practices regarding the collection, use, storage, and protection of your personal information are set forth in our Privacy Policy, available at www.Eleglyph.com/privacy-policy. By accessing or using the Website or Services, you acknowledge and agree to the terms of our Privacy Policy, which is incorporated into and made a part of this Agreement. The Privacy Policy describes, in detail, the types of information we collect from you, the purposes for which such information is used, the measures we employ to safeguard your personal information, and the manner in which we honor your choices and requests concerning your personal information.

3. Website, Services, and Consent to Electronic Communications

We reserve the right, in our sole discretion and without prior notice, to withdraw, suspend, or amend the Website, the Services, or any material provided through the Website. Unless expressly agreed otherwise in writing, we shall not be liable for any unavailability of the Website or any portion thereof at any time or for any period. From time to time, access to certain parts of the Website, or to the entire Website, may be restricted to certain users, including registered users. To protect the integrity, security, and proper functioning of the Website and Services, the Company reserves the right, in its sole discretion, to block access to the Website from certain IP addresses at any time and without notice.

By accessing the Website, registering an account, or using our Services, you hereby consent to receive this Agreement and all related communications in electronic form. You further agree that the Company may provide you with all communications, notices, disclosures, updates, agreements, and other information electronically, including without limitation by posting such communications on the Website or by sending them to the email address you designate. All such electronic communications shall be deemed to satisfy any legal requirements for written communications and shall have the same legal force and effect as if they were provided in writing and signed by the Company.

We agree to provide Services and Deliverables requested by you through the Website, or as otherwise agreed to in writing between you and the Company. Descriptions of our current Services, packages, and terms and conditions specific to certain Services are available on the Website or as otherwise communicated in writing. We shall determine, in our sole discretion, the content, functionality, and level of resources, including the designation of employees, contractors, or third parties, necessary to provide and support the Services and Deliverables. The Company expressly reserves the right to engage contractors or third parties to perform any portion of the Services or to provide any Deliverable, in its sole discretion.

4. Access and Arrangements

You are solely responsible for making all arrangements necessary for your access to the Website, Services, and Deliverables. You are further responsible for ensuring that all persons who access the Website or Services through your internet connection are aware of, and comply with, this Agreement.

5. Accuracy of Information

To access the Website, this Agreement, or certain content or features of the Website, you may be required to provide registration details or other information. As a condition of your use of the Website and Services, you represent and warrant that all information you provide to us will be true, accurate, current, and complete. You acknowledge and agree that all information you provide, including through interactive features of the Website, is subject to this Agreement and our Privacy Policy, and you consent to all lawful actions taken by us with respect to your information in accordance with the Privacy Policy.

6. User Credentials

If you are provided with or create login credentials, including but not limited to a username, password, or other security identifier (collectively, “User ID”), you must treat such credentials as strictly confidential. Your User ID is personal to you and may be used solely by you for your individual and exclusive use. You agree not to disclose your User ID to any other person or entity, and not to permit any unauthorized person or entity to access your account, the Website, or the Services using your User ID.

You agree to notify us immediately of any suspected or actual unauthorized access to or use of your User ID, or any other breach of security. You further agree to properly exit your account at the end of each session and to exercise caution when accessing your account from a public or shared computer, in order to prevent unauthorized access to or disclosure of your User ID, your personal information, or information displayed on the Website. The Company shall not be liable for any loss or damage arising from your failure to comply with these obligations.

We reserve the right, but not the obligation, to disable any User ID or other identifier, whether selected by you or provided by us, at any time and in our sole discretion, including but not limited to when we believe you have violated any provision of this Agreement or have revoked consent to electronic communications. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting violations of the law.

7. Cooperation and Requests

You agree to respond promptly to any reasonable request from us or our authorized representatives for instructions, information, or approvals necessary for us to provide the Services. You further agree to cooperate fully in our provision of Services, including by granting access to your systems, premises, employees, contractors, information, and equipment as reasonably required to enable us to provide the Services.

8. Compliance with Agreements

You agree to comply with the following, each of which is incorporated herein by reference:

A. this Agreement;

B. our Privacy Policy;

C. all applicable payment obligations;

D. any addenda to this Agreement, including but not limited to special terms, conditions, or pricing for customized Services; and

E. any nondisclosure agreement(s) or confidentiality agreement(s) entered into between you and us.

9. Terms Related to Specific Services

The Company provides standard Service packages subject to the following additional terms and conditions:

10. Scheduling

A. Following the placement of your order, the Company’s representative will contact you via telephone or email to schedule your

Services, unless you elect to schedule your photoshoot online at the time of order.

B. The Company shall not be liable for any failure to contact you in the event that you provide inaccurate or incomplete contact

information during the registration process, or if you are otherwise unavailable or unreachable for any reason.

11. Presence at Property

A. If neither the property owner nor the authorized agent is present at the time the Services are scheduled to be performed, and

no specific instructions have been provided in advance regarding photo selection, all photographs shall be taken at the sole

discretion of the Company’s photographer.

B. It is the sole responsibility of the property owner and/or agent to ensure the property is prepared for photography. The

Company shall not be responsible for the condition of the property, including whether or not it is in “show-quality” condition, at

the time of the photoshoot.

C. All photographs will be taken of the property in its “as-is” condition, except that the Company’s photographers may make

minor adjustments to lighting and window coverings, in their discretion, solely to improve photographic quality.

12. Access to Property

A. Unless otherwise arranged in advance, either the property owner or an authorized agent must be present at the property

during the scheduled photoshoot.

B. The Company shall not be responsible for any property that is inaccessible at the time of the photoshoot. In the event of

inaccessibility, the Company reserves the right, in its sole discretion, to impose cancellation, rescheduling, reshoot, or

additional travel fees.

13. Inclement Weather Policy

In the event of severe or unsafe weather conditions, photo shoots may need to be rescheduled or postponed for the safety of our

team and compliance with federal regulations. Severe weather includes, but is not limited to, heavy rain, flooding, snowstorms,

high winds, or other unforeseen conditions that may impact safe travel or accessibility of roads and mountain passes.

Certain services, particularly aerial drone operations, are especially affected by weather and airspace restrictions. All drone pilots

are FAA Part 107 Certified and must adhere strictly to federal aviation laws and safety regulations. Flights will not be conducted in

unsafe or restricted conditions.

If inclement weather prevents a scheduled session from taking place, the client will be contacted promptly to arrange a suitable

alternative date. Alternatively, the client may choose to cancel any affected drone services for a full refund of those specific

services, without penalty.

14. Delivery of Deliverables

A. Upon completion of a photoshoot and subsequent processing, photographs and virtual tours (collectively, “Deliverables”) will

be uploaded to the Website.

B. An email containing a link to access the Deliverables will be sent to the contact information provided by you during

registration. The Company shall not be responsible for emails that are not received. However, if you notify the Company that the initial email was not received, the Company will use reasonable efforts to resend the Deliverables to an alternative email

address provided by you.

C. No refunds of fees shall be issued in the event that a listing is sold between the time photographs are taken and the time

Deliverables are distributed to the agent and/or property owner.

15. Internet Display

A. You acknowledge and agree that all photographs, images, and other Deliverables created by the Company remain the

exclusive property of the Company.

B. You further acknowledge and agree that any Deliverables uploaded to the internet may be publicly viewable. If agent or

property owner contact information is attached to a Deliverable or listing, such information may also be displayed publicly.

C. The Company reserves the right to distribute property information and Deliverables to third-party real estate websites, portals,

and similar platforms for the purpose of generating additional exposure for your listings. If you do not wish for such distribution,

you must expressly request, at the time Services are requested, that your listing data not be shared with third parties.

16. Term and Termination

A. This Agreement shall remain in full force and effect while you use the Website, Services, or Deliverables, or while you maintain an account with the Company as a registered user.

B. The Company may terminate this Agreement, suspend or disable your account, or decline to provide certain Services at any

time, in its sole discretion, if you fail to comply with any term of this Agreement, including without limitation payment

obligations, or as otherwise provided herein.

C. Unless otherwise agreed in writing between you and the Company, you may terminate this Agreement or your account

registration at any time, for any reason, by:

1. following the account termination instructions provided on the Website through your account settings;

sending written notice of termination to:

2. Eleglyph, LLC – Termination

1001 S. Main St, Suite 10681

Kalispell, MT 59901; or

3. sending email notice of termination to support@Eleglyph.com.

D. Termination of this Agreement shall not relieve you of any outstanding payment obligations. Any provisions of this Agreement which, by their nature, should survive termination shall remain in effect, including but not limited to confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, and governing law.

E. With respect to Confidential Information that qualifies as a trade secret under applicable law, the confidentiality obligations of this Agreement shall survive termination for so long as such information retains trade secret protection.

17. Fees and Payment

A. You agree to pay all fees in effect for each Service selected by you at the time such Service is requested. Fees for Services

may differ based on whether the Services are performed for residential or commercial properties.

B. If fees for a specific Service are not published on the Website or have not otherwise been agreed upon in writing, you are

responsible for contacting the Company at support@Eleglyph.com or by telephone to obtain current pricing information.

C. You agree to pay all fees in full without any right of setoff, recoupment, counterclaim, deduction, debit, or withholding of any

kind, except as may be required by law.

D. You shall be responsible for all applicable taxes imposed on any transaction under this Agreement (other than taxes based on

the Company’s income), which shall be paid directly by you.

E. All pricing for Services is subject to change at any time, in the Company’s sole discretion.

18. Late Payments

A. Any late payments shall accrue interest at a rate equal to the lesser of;

1. one and one-half percent (1.5%) per month, or

2. the maximum rate permitted under applicable law, calculated daily and compounded monthly.

3. You shall reimburse the Company for all costs and expenses incurred in collecting late payments, including but not limited to reasonable attorneys’ fees and costs.

4. In addition to any other rights or remedies available under this Agreement or at law, the Company reserves the right to

suspend your account or the provision of Services immediately, without notice, if you fail to pay any amounts when due.

19. Billing and Payment Method

A. The Company will bill you for Services and any Additional Fees through an online billing account (the “Billing Account”) upon completion of each Service, unless otherwise agreed in writing.

B. You agree to provide valid payment card information in your Billing Account (the “Payment Method”) and authorize the

Company to charge the Payment Method for all fees and Additional Fees.

C. “Additional Fees” may include, without limitation, charges for cancellations, reshoots, travel expenses, “no show” incidents,

upgrades to Services, or other charges agreed to or incurred after the initial order.

D. Services will not be performed if a valid Payment Method is not provided or if payment is not otherwise arranged or received

at the time a Service is requested.

20. Authorization of Charges

A. You authorize the Company and its third-party payment processor to:

1. charge your Payment Method for all fees due upon completion of Photoshoot and, or Services;

2. process recurring charges for all fees payable to the Company until this Agreement is terminated; and

3. process charges for any Additional Fees incurred under this Agreement.

B. You represent and warrant that:

1. all information provided regarding your Payment Method is true, complete, and accurate;

2. you are duly authorized to use the Payment Method; and

3. all payments made using the Payment Method will be honored.

4. If the Company does not receive payment through your Payment Method, you agree to promptly pay all amounts due upon demand through an alternative method of payment acceptable to the Company.

21. Retention of Payment Information

A. The Company may retain Payment Method information in your Billing Account for the purpose of facilitating recurring

payments and payment for future Services.

B. The Company will use commercially reasonable administrative, technical, and physical safeguards to protect your Payment

Method information from unauthorized access.

C. Notwithstanding the foregoing, you acknowledge and agree that no system can be completely secure. The Company shall not

be responsible or liable for any unauthorized access to or use of your Payment Method information resulting from malicious

attacks, theft, or other circumstances beyond the Company’s reasonable control.

22. Additional Fees

The Company reserves the right to charge additional fees in connection with cancellations, rescheduling, travel time, and reshoots (collectively, “Additional Fees”), as set forth below.

23. Cancellations and Rescheduling

A. Cancellations or rescheduling requests received by 5:00 p.m. local time (in the time zone where the Services are to be

performed) on the day prior to the scheduled shoot shall not incur a fee.

B. Cancellations received after 5:00 p.m. local time on the day prior to the scheduled shoot shall incur a cancellation fee equal to twenty-five percent (25%) of the total order price, excluding discounts and travel fees.

C. Onsite cancellations, meaning cancellations occurring after the photographer has arrived at the property, shall incur a

cancellation fee equal to one hundred percent (100%) of any applicable travel fee, in order to compensate for the

photographer’s time and travel expenses.

D. Once a photographer has completed photography of a property, no cancellation or rescheduling request will entitle you to a

refund.

24. Travel Fees

A. Travel fees may be assessed for properties located outside of the Company’s designated geographical Service area.

B. If a travel fee is applicable, such fee will be disclosed to you in advance of the scheduled shoot.

25. Confidentiality

From time to time, either you or the Company (the “Discloser”) may disclose or make available to the other party (the “Recipient”) certain non-public, proprietary, or confidential information that the Recipient should reasonably understand to be confidential in nature (“Confidential Information” or “CI”). If the parties have entered into a separate nondisclosure agreement, the terms of such agreement shall govern with respect to CI disclosed pursuant to this Agreement. In the absence of such agreement, the provisions of this Section shall apply.

Confidential Information does not include information that;

A. is or becomes publicly available other than as a result of a breach of this Agreement;

B. is lawfully received by the Recipient from a third party who is not under any duty of confidentiality to the Discloser;

C. was lawfully in the Recipient’s possession prior to disclosure by the Discloser; or

D. is independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information.

26. Recipient’s Obligations

The Recipient agrees to;

A. protect and safeguard the confidentiality of the Discloser’s CI with at least a commercially reasonable degree of care;

B. use the Discloser’s CI solely for the purposes of performing its obligations or exercising its rights under this Agreement; and

C. not disclose the Discloser’s CI to any person or entity, except to the Recipient’s employees, agents, or independent

contractors who have a need to know such CI for purposes of carrying out this Agreement and who are bound by

confidentiality obligations at least as protective as those set forth herein.

27. Compelled Disclosure

If the Recipient is required by applicable law, regulation, or legal process to disclose any of the Discloser’s CI, the Recipient shall, to the extent legally permissible, provide the Discloser with prompt written notice of such requirement prior to making the disclosure. This notice shall afford the Discloser an opportunity, at its sole cost and expense, to seek a protective order or other appropriate remedy. If such protective order or remedy is not obtained, the Recipient shall disclose only that portion of the CI which it is legally required to disclose and shall use commercially reasonable efforts to ensure that any CI so disclosed is accorded confidential treatment.

28. Services and Website Content

A. As between you and the Company, all Services, the Website, and all content, features, and functionality thereof—including,

without limitation, all information, software, text, displays, unique color selections, images, video, audio, design, selection,

arrangement, goodwill, and derivative works (collectively, “Intellectual Property”)—are and shall remain the sole and exclusive

property of the Company.

B. All Intellectual Property is protected under United States and international copyright, trademark, patent, trade secret, and

other applicable intellectual property or proprietary rights laws (collectively, “Intellectual Property Rights”).

C. Except as expressly set forth in this Agreement, you shall not acquire any right, title, or interest in or to any Intellectual

Property or other property of the Company by virtue of this Agreement, your use of the Services, or otherwise.

29. Limited License to Deliverables

All photographs, images, video, audio, and other materials provided to you as part of the Services or the Website (collectively, “Deliverables”) are the sole and exclusive property of the Company. The Company retains all right, title, and interest, including all Intellectual Property Rights, in and to all Deliverables.
Upon full payment of all applicable fees for the Deliverables and provided you remain in compliance with this Agreement, the Company grants you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to use and display the Deliverables solely to the extent reasonably necessary to market the real property associated with such Deliverables in accordance with this Agreement.
You may permit your Multiple Listing Service (“MLS”) provider to display the Deliverables on your behalf for the sole purpose of fulfilling your MLS listing obligations. Such permitted use shall not be construed as a license to, or transfer of ownership of, the Deliverables to the MLS provider.
If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your personal use in accordance with this Agreement and any applicable end-user license agreement associated with such applications.

30. Restrictions on Stock and Community Images

Deliverables designated as “Stock Image Packages” or “Community Images” may be used solely by you and your MLS provider to market the specific real property listing for which the Service was purchased. Such Deliverables may not be duplicated, copied, modified, or used to market any other property or for any other purpose.

31. Permitted Use

This Agreement grants you a limited right to access and use the Website and Services solely for the purposes expressly authorized on the Website or as otherwise agreed in writing by the Company. Except as explicitly permitted under this Agreement or pursuant to prior written consent from the Company, you shall not, and by using the Website or Services you agree not to;

A. reproduce, modify, create derivative works of, download, store, or transmit any Deliverables, materials on the Website, or other

Intellectual Property;

B. distribute, publicly display, publicly perform, republish, sublicense, sell, or transfer any Deliverables or materials to any third

party;

C. print or download information from the Website except for internal business purposes, and not for further reproduction,

publication, or distribution to third parties; or

D. delete, alter, or obscure any copyright, trademark, or other proprietary rights notices from Deliverables or materials from the

Website.

32. Prohibited Uses

A. You shall use the Website and Services only for lawful purposes and in accordance with this Agreement. You agree not to

use the Website or Services to:

1. violate any applicable federal, state, local, or international law or regulation, including, without limitation, laws regarding the export of data or software;

2. exploit or harm, or attempt to exploit or harm, minors in any manner, including exposure to inappropriate content or

solicitation of personally identifiable information;

3. engage in fraudulent, false, misleading, or deceptive conduct, including impersonation of the Company, its personnel, other users, or third parties;

4. engage in conduct that is defamatory, obscene, pornographic, or vulgar;

5. share your User ID or provide access to the password-protected portions of the Website to multiple users; or

6. engage in any other conduct that restricts or inhibits the use or enjoyment of the Website by others, or which may, in the Company’s reasonable discretion, harm the Company or users, or expose them to liability, violence, or injury.

B. You further agree not to:

1. use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website;

2. use robots, spiders, crawlers, data mining tools, or other automated devices or processes to access the Website or copy any Deliverables or materials;

3. manually monitor, copy, reverse engineer, decompile, or disassemble any part of the Website without prior written

consent;

4. use any device, software, or routine that interferes with the proper functioning of the Website;

5. introduce viruses, trojan horses, worms, logic bombs, or other malicious software;

6. probe, scan, or test the vulnerability of any the Company system or network, attempt to breach security, or gain

unauthorized access to any part of the Website or connected systems;

7. perform denial-of-service or distributed denial-of-service attacks; or

8. otherwise attempt to interfere with the operation of the Website.

33. Third-Party Links

The Website may contain links to third-party websites or resources provided for your convenience, including advertisements, banners, and sponsored links. The Company has no control over such third-party sites or resources and assumes no responsibility for their content or any loss or damage resulting from your use of them. Your access and use of third-party websites is at your sole risk and subject to the terms and conditions of such websites.

34. Social Media Features

A. The Website may provide social media features that allow you to:

1. link from your own or certain third-party websites to content on the Website;

2. send emails or other communications with content or links to content on or from the Website; or

3. cause limited portions of content on the Website to be displayed on your or your MLS websites.

B. Such features may be used solely with respect to the content they are associated with and in accordance with this

Agreement. You agree not to:

1. establish links from websites not owned or controlled by you or your MLS;

2. display or cause to appear content from the Website via framing, deep linking, in-line linking, or similar methods on any

other site;

3. link to any portion of the Website other than the Company’s homepage; or

4. otherwise act inconsistently with this Agreement with respect to Website materials.

C. You agree to cooperate with the Company in terminating any unauthorized linking or framing of the Website. The Company

reserves the right to withdraw linking permission at any time without notice.

D. The Company may, in its sole discretion, disable all or any social media features or links at any time, with or without notice.

35. Modifications to Services and Website

A. The Company may update, revise, or modify the content of the Website from time to time; however, the Website content is not

guaranteed to be complete, accurate, or up to date.

B. The Company shall have no obligation to update any content or other materials on the Website.

C. The Company reserves the right, in its sole discretion, at any time and without prior notice, to modify, suspend, or discontinue,

temporarily or permanently, the Website, the Services, or any portion thereof.

D. You agree that The Company shall not be liable to you or any third party for any modification, suspension, or discontinuance

of the Website or Services.

36. Customer Service

A. The Company personnel may provide assistance and guidance regarding your use of the Website.

B. When communicating with the Company personnel, you agree to refrain from abusive, obscene, profane, offensive, sexist,

threatening, harassing, racially offensive, or otherwise inappropriate behavior.

C. The Company reserves the right, in its sole discretion, to immediately terminate your account or registration if your conduct

toward any personnel is deemed threatening, offensive, or otherwise inappropriate.

37. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE COMPANY MAKES NO WARRANTIES EXCEPT FOR THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM OR RELATED TO: (I) 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; (II) YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE; OR (III) YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ON ANY WEBSITE LINKED TO THE WEBSITE.

38. Additional Disclaimers and Limitation of Liability

For clarification, but not as a limitation, the Company makes no warranty, express or implied, regarding the accuracy, completeness, or usefulness of any information contained on the Website. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, including, but not limited to, communications line failure, theft, destruction, unauthorized access to, or alteration of, your account, User ID, or communications. The Company shall not be liable for any problems or technical malfunction arising from telephone networks or lines, computer online systems, servers or service providers, computer equipment, software, failure of email or media players, technical problems, or traffic congestion on the Internet or any combination thereof, including any injury or damage to equipment, hardware, computers, or other property resulting from or related to the Services. Under no circumstances shall the Company or any of its affiliates, advertisers, promoters, or distribution partners be liable for any loss or damage, including personal injury or death, resulting from use of the Website or Services. The Company does not guarantee, and makes no promises regarding, any specific results arising from use of the Website or the Services.

39. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, OR DATA, OR FOR ANY DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR THE SERVICES, WHETHER ARISING OUT OF OR RELATING TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

40. DISPUTE RESOLUTION

If a dispute arises regarding the respective rights or obligations under this Agreement, the parties agree to first attempt to settle the dispute through direct discussions. If such dispute cannot be resolved by direct discussions, any unresolved dispute or breach shall be resolved as provided herein. The prevailing or non-dismissing party in any dispute, litigation, or cause of action related to this Agreement shall be entitled to reimbursement of all reasonable expenses, including, without limitation, court, arbitration, or mediation costs, and attorney’s fees incurred in good faith.

If a dispute arising out of this Agreement cannot be resolved through direct discussions, by using the Website, you expressly agree that any such dispute shall be GOVERNED BY THE LAWS OF THE STATE OF MONTANA, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. You expressly consent to the EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF MONTANA, IN THE CITY OF KALISPELL OR FLATHEAD COUNTY, FOR THE RESOLUTION OF ANY SUCH CLAIM OR DISPUTE.

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

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR SERVICES, WHETHER ARISING OUT OF OR RELATING TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

41. Indemnity by You

You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, officers, agents, partners, and employees from any and all losses, liabilities, claims, damages, costs, or demands of any nature, including reasonable attorneys’ fees, made by any third party arising out of or relating to your use of the Website, any Services, or Deliverables, in violation of this Agreement, or arising from any breach of this Agreement or your obligations hereunder.

No Third-Party Beneficiaries

Except as expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

42. General Provisions

A. Limitation of Liability for Force Majeure

the Company shall not be liable or responsible to you, nor deemed to have defaulted or breached this Agreement, for any failure or delay in providing Services caused by events or circumstances beyond its reasonable control, including, without limitation, interruption of internet services, acts of God, flood, fire, earthquake, pandemic, governmental actions, war, terrorist acts or threats, riot, civil unrest, national emergency, telecommunication failure, or power outage. If such an event continues for more than sixty (60) days, you may provide notice to terminate the Service, provided you permanently discontinue use of the Service.

B. Assignment

Neither this Agreement nor any rights or obligations hereunder may be assigned or transferred by you without the prior written consent of the Company, which shall be at its sole discretion. Any attempted assignment without consent shall be null and void. This Agreement is binding on the parties and their successors and permitted assigns.

C. Waiver

No failure or delay by a party in exercising any right, power, or privilege under this Agreement shall operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise preclude further exercise of any other rights, powers, or privileges under this Agreement.

D. Modification

This Agreement may not be modified except as expressly provided herein.

E. Independent Contractor

You and the Company are independent contractors. Nothing in this Agreement shall be construed to create an agency, partnership, joint venture, or employer-employee relationship.

F. Entire Agreement and Severability

This Agreement constitutes the entire agreement between you and the Company regarding the use of the Website and/or Services. If any provision of this Agreement is found to be invalid or unenforceable, the remainder shall continue in full force and effect.

43. Contact Information

For questions, concerns, or data-related requests, please contact:

Eleglyph, LLC

1001 S Main Street, Suite 10682

Kalispell, MT 59901

Email: support@Eleglyph.com

Phone: (406) 299-1814