Agreement between User and elasticdev.io
Welcome to elasticdev.io. The elasticdev.io website (the
"Site") is comprised of various web pages operated by Jiffy LLC ("Jiffy"). elasticdev.io is
offered to you conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of elasticdev.io constitutes your agreement to all such
Terms. Please read these terms carefully, and keep a copy of them for your reference.
elasticdev.io is an E-Commerce Site.
The Site offers access to Jiffy's proprietary tools that provide subscribers a service that
automates the infrastructure management, build and deploy process in a cloud hosted environment.
Privacy
Your use of elasticdev.io is subject to Jiffy's Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting elasticdev.io or sending emails to Jiffy constitutes
electronic communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically, via email
and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. You may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that Jiffy is not responsible for third
party access to your account that results from theft or misappropriation of your account. Jiffy and its
associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in
our sole discretion.
Children Under Thirteen
Jiffy does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use elasticdev.io only with
permission of a parent or guardian.
Cancellation/Refund Policy
Free Trial
If you subscribe to a free trial of ElasticDev
Services, your trial subscription will automatically expire at the expiry of the trial period unless you
affirmatively subscribe for a paid subscription prior to the expiry date. If your trial subscription expires
and you do not subscribe to a paid subscription, you will still be able to access the ElasticDev Site and
use some of its features but not as a Subscriber User. To cancel your free trial, please follow the process
set forth in your account settings on your subscription.
Links to Third Party Sites/Third Party Services
elasticdev.io may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control of Jiffy and Jiffy is not
responsible for the contents of any Linked Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. Jiffy is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Jiffy of the site or any
association with its operators.
Certain services made available via elasticdev.io are delivered by third party sites and
organizations. By using any product, service or functionality originating from the elasticdev.io domain, you
hereby acknowledge and consent that Jiffy may share such information and data with any third party with whom
Jiffy has a contractual relationship to provide the requested product, service or functionality on behalf of
elasticdev.io users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive,
non-transferable, revocable license to access and use elasticdev.io strictly in accordance with these terms
of use. As a condition of your use of the Site, you warrant to Jiffy that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of
the Site. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Jiffy or its suppliers and
protected by copyright and other laws that protect intellectual property and proprietary rights. You agree
to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained
in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Jiffy
content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any
protected content, and in particular you will not delete or alter any proprietary rights or attribution
notices in any content. You will use protected content solely for your personal use, and will make no other
use of the content without the express written permission of Jiffy and the copyright owner. You agree that
you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Jiffy or our licensors except as expressly authorized by these
Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you
will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload
files that contain software or other material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar software or programs that may
damage the operation of another's computer; advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service specifically allows such messages; conduct or
forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a file that is uploaded;
restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of
conduct or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
Jiffy has no obligation to monitor the Communication Services. However, Jiffy reserves the right to
review materials posted to a Communication Service and to remove any materials in its sole discretion. Jiffy
reserves the right to terminate your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
Jiffy reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in Jiffy's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Jiffy does not control or endorse the content, messages or
information found in any Communication Service and, therefore, Jiffy specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Jiffy spokespersons, and their views do not
necessarily reflect those of Jiffy.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the
materials.
Materials Provided to elasticdev.io or Posted on Any Jiffy Web Page
Jiffy does not claim
ownership of the materials you provide to elasticdev.io (including feedback and suggestions) or post,
upload, input or submit to any Jiffy Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you are granting Jiffy,
our affiliated companies and necessary sublicensees permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Jiffy is
under no obligation to post or use any Submission you may provide and may remove any Submission at any time
in Jiffy's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to provide, post, upload, input or submit
the Submissions.
International Users
The Service is controlled, operated and administered by Jiffy from our
offices within the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Jiffy Content accessed through
elasticdev.io in any country or in any manner prohibited by any applicable laws, restrictions or
regulations.
Indemnification
You agree to indemnify, defend and hold harmless Jiffy, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any rights of
a third party, or your violation of any applicable laws, rules or regulations. Jiffy reserves the right, at
its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will fully cooperate with Jiffy in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an
individual basis; class arbitrations and class/representative/collective actions are not permitted. THE
PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Jiffy
agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise
preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. JIFFY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.
JIFFY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. JIFFY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JIFFY LLC AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JIFFY LLC OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Jiffy reserves the right, in its sole discretion, to terminate
your access to the Site and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of California and you
hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out
of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you
and Jiffy as a result of this agreement or use of the Site. Jiffy's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement is in derogation of
Jiffy's right to comply with governmental, court and law enforcement requests or requirements relating
to your use of the Site or information provided to or gathered by Jiffy with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Jiffy with respect to the Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Jiffy with respect to the Site. A
printed version of this agreement and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Jiffy reserves the right, in its sole discretion, to change the Terms under
which elasticdev.io is offered. The most current version of the Terms will supersede all previous versions.
Jiffy encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Jiffy welcomes your questions or comments regarding the Terms:
Jiffy LLC
Daly City, California 94014
Email Address:
licenses@elasticdev.io
Effective as of April 15, 2018