Terms Of Use

EL YOKU / Terms Of Use

TERMS OF USE

Last updated: April 28, 2023

Welcome to El Yoku LLC’s website. As you access and use this site, please note that you are agreeing to these Terms of Use (“Terms”), which include our Privacy Policy. We encourage you to review our Privacy Policy to better understand our practices. By accessing and using this site, you accept and agree to comply with these Terms on behalf of yourself and any other users who access the site under your account.

LICENSE & USE OF THIS SITE
El Yoku has established this website with the intention of providing personal information, educational resources, shopping options for Shower Seats, Shower Curtain Rods, Grab Bars, and other toilet accessories, as well as communication tools. In accordance with the Terms, El Yoku grants you a limited, non-transferable, non-sublicensable, and non-exclusive license to access and utilize this website for personal, lawful, and non-commercial purposes. El Yoku retains all rights not expressly granted to you in the Terms.

Please be aware that this license does not include any commercial rights, and any commercial use of this website’s content without El Yoku’s express written permission is strictly prohibited. This prohibition includes, but is not limited to, the reproduction, distribution, modification, transmission, reuse, reposting, reselling, usage, or exploitation of any text, images, audio, or video content, including trademarks, logos, photographs, product listings, descriptions, prices, or any other material contained on this website. Furthermore, you are not authorized to download, copy, or use any information or images on this site for the benefit of a third party.

The use of data mining, robots, or similar data gathering and extraction tools to extract content from this website, as well as using any meta tags or hidden text that utilize El Yoku’s name or trademarks, is strictly forbidden without El Yoku’s express written consent.

The licenses granted by El Yoku automatically terminate if you do not comply with these Terms.

DMCA POLICY
In the event that you believe any content on this website infringes upon your copyrighted work, please provide a written notice in accordance with the Digital Millennium Copyright Act (DMCA) to El Yoku’s designated copyright agent. Your notice should include the necessary information as outlined by the DMCA.

ELECTRONIC COMMUNICATIONS
By accessing this site and utilizing the products, services, and information offered herein, as well as sending electronic communications such as emails, text messages, and other types of correspondence from your desktop or mobile device, you authorize us to send electronic communications to you. These may include, but are not limited to, emails, mobile push notifications, texts, or notices and messages on this site or through other El Yoku departments. You are encouraged to retain copies of these communications for your own records, and you agree that any agreements, notices, disclosures, or other communications provided to you electronically will satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY
All trademarks, service marks, trade names, copyrights, and other forms of intellectual property contained within this website, including product names, designs, logos, titles, text, images, audio, and video, are the exclusive property of El Yoku (“El Yoku’s Intellectual Property”) unless otherwise indicated. Any unregistered or registered trademarks mentioned on this site belong to their respective owners. Please note that nothing on this site should be construed as a license or right to use any of El Yoku’s Intellectual Property displayed on this site without El Yoku’s prior written consent, whether by implication, estoppel, or any other means.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided on an “as is” basis, without any express or implied warranties of any kind, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

El Yoku and its affiliates disclaim any responsibility for any damages to or viruses that may infect your computer equipment, software, data, or other property as a result of accessing, using, or browsing this site, or downloading any materials, data, text, images, video, or audio from the site or any linked sites.

El Yoku, its affiliates, or any other party involved in creating, producing, maintaining, or delivering the site, or any of their officers, directors, employees, shareholders, or agents, shall not be liable for any damages of any kind, including but not limited to direct, special, incidental, indirect, exemplary, punitive, or consequential damages. They are not accountable whether or not they have been advised of the possibility of such damages, and regardless of the theory of liability, arising out of or in connection with the use or performance of this site, or your browsing of, linking to, or use of any other site.

GOVERNING LAW AND JURISDICTION
These Terms of Use and your use of this Site shall be governed by and construed in accordance with the laws of the State of Connecticut, United States, without giving effect to any principles of conflicts of law. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Connecticut.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless El Yoku, its affiliates, and their respective officers, directors, employees, shareholders, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Site or your breach of these Terms of Use.

GENERAL PROVISIONS
El Yoku’s Terms of Use, which include the Privacy Policy, form a binding agreement between you and El Yoku governing the use of this Site and supersede all previous or contemporaneous communications and proposals, whether written or verbal, between you and El Yoku regarding this Site.

In the event that any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, that provision shall be considered separate from the remaining provisions and shall not affect their enforceability. El Yoku’s failure to enforce any of the rights or provisions in these Terms of Use shall not constitute a waiver of such rights or provisions unless expressly agreed to by El Yoku in writing.

El Yoku reserves the right to assign these Terms of Use, or any portion thereof, with or without notice to you. You are not permitted to assign these Terms of Use or transfer or sublicense your rights, if any, in this Site.

MODIFICATIONS TO TERMS OF USE
El Yoku reserves the right to modify these Terms of Use at any time. We will notify you of any changes by updating the “Last Updated” date at the top of this page. Your continued use of the Site after such changes are posted will constitute your acceptance of the modified Terms of Use.

CONTACT INFORMATION
If you have any questions or concerns regarding these Terms of Use, please contact El Yoku at:
Email: info@elyoku.com