Terms of Service

Policy updated on July 15, 2025

• These Terms of Service (this “Agreement”) are a Legal Agreement between You and ELE HARRIS (“eleharris.com”) regarding the terms under which the Website will provide the Subscriber access to the Service.
• By visiting our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the terms and conditions (“Terms of Service,” the “Terms”), including those additional terms and policies referenced herein and/or available through hyperlinks.
• These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, suppliers, customers, consumers, and/or content contributors.
• If you do not agree to all the terms and conditions of this Agreement, then you may not visit the Website or use any services.
  The headings used in this Agreement are included for your convenience only and will not limit or otherwise affect these Terms.

This Agreement applies to (1) all subscriptions to eleharris.com defined as “software as a service” (SaaS) solutions (including, but not limited to, online sales, marketing, and business productivity software solutions for companies, businesses, marketing agencies, and entrepreneurs), and (2) any other related service that eleharris.com may offer you in connection with those SaaS solutions, such as business audits, strategic advisory, business management, executive consulting, business mentoring, business training, support, among others.

By clicking the button that says “I ACCEPT” or otherwise agreeing to this Agreement as stipulated in any online form or purchase form referencing this Agreement, you and any company you represent agree to be bound by the terms and conditions of this Agreement. If you are accepting this Agreement on behalf of your business or company, you represent to us that you have the authority to bind your company to the terms of this Agreement, and the term “You” shall refer to Your Company.

Subscribers agree that this Agreement, presented electronically, will have the same legal effect as if it had been personally signed by the Subscriber. As permitted by law, these Terms of Service supersede any applicable legal provision that may limit their enforceability or effect, because this Agreement was accepted electronically.

If you do not agree or if you do not have such authority, or if you do not agree with all the terms and conditions of this Agreement, you must choose the button that says “CANCEL,” and you will not be allowed to use the service on eleharris.com.

“Authorized User” means any of your employees, consultants, contractors, or agents who are authorized by your management to access and use the service on accionica.com on behalf of your company, each of whom agrees to be bound by the terms of this Agreement.

“Effective Date” refers to the date on which ELE HARRIS confirms to the Subscriber the rights to use the Subscription Website.

“Front-End Code” means the display of my user interface and usability platform. This includes, but is not limited to, layout, color scheme, HTML pages, and source code.

“Gifted Subscription” refers to the right to use the Subscription Website as the recipient of a gifted subscription. For example, the recipient does not have to enter credit card information during the registration process. The sender of the Gifted Subscription is not recognized as a Subscriber, but the recipient is considered a Subscriber upon accepting these Terms of Service.

“Materials” means any documentation, user guides, or similar materials provided by ELE HARRIS to you in connection with your use of the accionica.com service.

“No-Fee Trial” refers to the temporary right to use the Subscription Website at no cost during the allowed trial period and in accordance with any applicable terms, including, but not limited to, the acceptance of these Terms of Service. A No-Fee Trial may or may not require entering a credit/debit card.

“Order Form” means any online or written subscription order form to access accionica.com services submitted by you during the online subscription process or separately, signed by you and submitted to accionica.com, and any future purchase or order form referencing this Agreement.

“Premium Content” means content accessible to the user for a fee within a subscription plan on the Website.

“Public Site” means the portion of the Website available to any individual without the need to be a subscriber.

“Site” or “Website” refers to a site on the Internet. “ELE HARRIS Site” or “ELE HARRIS Website” refers to the ELE HARRIS Website located at www.eleharris.com and/or any other additional, substitute, or successor site designated by ELE HARRIS. The ELE HARRIS Website includes all information, content, concepts, interfaces, structures, functionalities, programming code, published materials, electronic documents, graphic files, and other technology inherent to its operation (or any other web address ELE HARRIS may notify subscribers of at any time), and fully includes both the subscription site and the public site.

“Service” refers to the Public Site, the Subscription Site, and all of its content, features, and functionalities (including but not limited to all information, software, text, displays, images, video, and audio, and the design, Standard Content, exercise files, and any related documentation). It also includes any of the accionica.com SaaS solutions that are developed, operated, and maintained by ELE HARRIS (and any outsourced provider) and subscribed to through the accionica.com brand or associated website that links to this Agreement. The definition of eleharris.com’s service does not include any separate professional services (defined below) that may be contracted by you from ELE HARRIS.

“Services” means any implementation, training, coaching, advisory, consulting, and other types of professional services performed by ELE HARRIS under the terms of an Order Form.

“Standard Content” refers to content within the Subscription Website that does not include the exercise files.

“Subscriber” also referred to as “Member,” means any individual/entity/organization/institution that has the right to access the Subscription Website through a Subscription Fee (“Paid Subscription”), Gifted Subscription, Trial Period, or other form of access. A Subscriber must be at least 18 years old, or the legal age of majority in their country, state, or other jurisdiction of residence (and if underage, must have parental or legal guardian permission to access the Subscription Website), and have the legal right and capacity to enter into a binding contract. Therefore, a Subscriber may be an “Individual” or “Multi-User,” as follows:

• “Individual Subscriber” refers to a subscription for only one person.
• “Multi-User Subscriber” refers to an entity, organization, or institution that subscribes to the Service for use by its constituents, which may include employees, students, faculty, and other end-users, etc. Multi-User Subscribers are responsible for all acts or omissions of their Authorized Users (as defined below) in connection with access to and use of the Service; and, for clarity, Subscribers are responsible for ensuring their Authorized Users accept and fully comply with these Terms of Service, the Privacy Policy, and the Website Use Policy.

For Multi-User Subscriptions, the following terms apply:

• “Authorized Users” refers to the constituents of a Multi-User Subscriber. The number of Authorized Users under any Multi-User Subscription may not exceed the number of seats allotted under the Subscription (“Maximum Seat Count”).
• “Master Administrator” means the administrator designated by the Multi-User Subscriber who has access to reports and administrative tools and who may replace Authorized Users without exceeding the Maximum Seat Count.
• The Subscriber agrees, on their behalf or that of their Authorized Users, to keep passwords, usernames, and other security-related information (“Authentication Information”) confidential and not to share access to the Subscription Site or its components with any other person using the Subscriber’s (or Authorized Users’) Authentication Information. The Subscriber will notify accionica.com immediately about any unauthorized access or use of Authentication Information. ELE HARRIS reserves the right to disable access to the Service for any Subscriber or Authorized User at any time, at its sole discretion and for any reason, including if, in ELE HARRIS’s opinion, the Subscriber or Authorized User has violated any provision of these Terms of Service or there is reason to believe they have.

“Subscription” refers to the right to use the applicable component of the Subscription Website as a Subscriber under a Paid Subscription, Gifted Subscription, No-Fee Trial, or other form of access and/or fee to gain entry to the Subscription Site.

“Subscription Term” means the period during which a Subscriber may use the applicable component of the Subscription Website, as detailed in their Order Form and any subsequent renewal of such term.

“Subscription Website” means the applicable components of the Website (e.g., Premium Content or Standard Content or any other included component), which are available only to a Subscriber.

“Third-Party Content” means content, including source code or software, offered by a strategic partner of accionica.com or another associated entity alongside the accionica.com Service, for a specific market or niche.

Under the Terms of this Agreement, ELE HARRIS grants you, during the Subscription Term, a non-transferable (except as described below), non-exclusive right to allow your Authorized Users to access and use the accionica.com Service (and any materials shared with you through accionica.com) to perform any business functions for which the accionica.com Service is designed, subject to the following restrictions:

• The Subscriber is granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access the component of the Subscription Website corresponding to their Subscription type. In granting such access, ELE HARRIS is not obligated to maintain the Website or to preserve its current state. ELE HARRIS may update, modify, alter, or enhance the Service and migrate a Subscriber to a new version at any time and at its sole discretion, provided such changes are not detrimental to the Subscriber’s use of the Service and with prior reasonable notice to the Subscriber (unless the change is critically important or beyond ELE HARRIS’s control, in which case ELE HARRIS will explain the reason for the changes as soon as reasonably possible).
• The Subscriber agrees to comply with all rules and regulations published by ELE HARRIS regarding Subscriber conduct and the conduct of other users of the Website. Such rules and regulations are incorporated into these Terms of Service by reference. ELE HARRIS reserves the right to deny access to the Subscription Website to a Subscriber and/or their Authorized Users if, in its sole discretion, it determines that the Subscriber or Authorized Users have violated these Terms of Service or appear to have done so.

• The Subscriber acknowledges that ELE HARRIS, at its sole discretion, may—but is not obligated to—administer the Service or any of its components, and/or enforce compliance with these Terms of Service.

  The Subscriber represents, acknowledges, and agrees—on their own behalf or that of their Authorized Users (in the case of Multi-User Subscriptions)—to the following:

• • Access privileges may not be transferred to third parties.
  • The Subscriber will not store, distribute, or transmit viruses.
  • The Subscriber will comply with all applicable laws and regulations regarding use of the Service.
  • The Subscriber will not rent, lease, sublicense, resell, distribute, transfer, copy, or modify the Service or any of its components.
  • The Subscriber will not translate, decompile, create or attempt to create—via reverse engineering or otherwise—the source code to which they may have access.
  • The Subscriber will not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit the Service or any of its components.
  • The Subscriber will not remove or alter any copyright, trademark, or other proprietary rights notices or disclaimers from materials or copies of materials within the Website or Service.
  • The Subscriber is solely responsible for acquiring, installing, operating, and maintaining the hardware, software, network connections, and telecommunications links necessary to access and use the Service.
  • The Subscriber will not use the Service in any manner, or in connection with any content, data, hardware, software, or materials, that infringe or violate any third-party intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks), or that constitute defamation, libel, invasion of privacy, violation of publicity rights, or are considered threatening, harassing, or malicious.
• If the Subscriber is a Multi-User Subscriber, they agree to obtain any and all required consents as mandated by applicable law, including, but not limited to: (a) Consent to transfer personal information of Authorized Users (and their representatives) to ELE HARRIS, where applicable. (b) Consent to compile usage reports on the Service by Authorized Users and to share those reports. (c) Any other necessary consent required for ELE HARRIS to provide the Service to the Subscriber and/or their Authorized Users.

• Si el Suscriptor es un Suscriptor Multi-Usuarios, promete obtener cualquier y todos los permisos requeridos por la ley, incluyendo, pero no limitados a, (a) consentimiento para transferir información personal de Usuarios Autorizados, y sus representantes, a accionica.com, si es aplicable, (b) consentimiento para compilar reportes del uso del Servicio por parte de Usuarios Autorizados y proveer esos reportes y (c) cualquier otro consentimiento que sea requerido para que ELE HARRIS pueda proveer el Servicio al Suscriptor o Usuarios Autorizados. The Subscriber agrees to obtain required consents from all parties involved, including but not limited to work councils, Authorized Users, parents or legal guardians (where applicable), and any other relevant individuals as necessary in each case.
• The Subscriber’s use of the accionica.com Service may not be on behalf of third parties unless there is a separate agreement between the Subscriber and ELE HARRIS explicitly allowing such use on behalf of clients (and, in that case, only on behalf of clients for whom the Subscriber has purchased access rights to the Service).
• Except where expressly permitted in this Agreement or in a separate agreement with ELE HARRIS, the Subscriber may not license, sell, lease, rent, transfer, assign, distribute, display, store, outsource, or otherwise commercially exploit the accionica.com Service or its materials to third parties.
• The Subscriber may not modify, create derivative works, disassemble, or reverse engineer any part of the accionica.com Service or its materials (understanding that reverse engineering is prohibited to the extent such prohibition is not contrary to applicable law), or access or use the Service or materials with the intent to create a competing product or service.
• The Subscriber’s use of the accionica.com Service (in terms of the number of Authorized Users, maximum list sizes, monthly email limitations, etc.) must comply with the restrictions outlined in the Order Form based on the subscription level purchased. ELE HARRIS reserves the right to monitor such usage and may require the Subscriber to upgrade their subscription level if overuse is detected.
• The Subscriber’s use of the Service must not cause undue or excessive strain on the accionica.com network through excessive API calls or other non-standard usage.
• The Subscriber’s use of the Service must also comply with the Website Use Policy published at www.accionica.com, as updated by ELE HARRIS from time to time.

The Subscriber acknowledges that data traffic over the Internet may cause delays during the download of information from the Website and, therefore, shall not hold ELE HARRIS liable for delays that are common and inherent to Internet use. The Subscriber also acknowledges and agrees that the Website will not be available continuously 24 hours a day due to such delays or delays caused by updates, modifications, and maintenance of the Website performed by ELE HARRIS.

ELE HARRIS will use commercially reasonable efforts to enable access to the Service, except for scheduled maintenance activities and necessary repairs, and except for any interruption due to causes beyond its reasonable control or not reasonably foreseeable by ELE HARRIS, including but not limited to any force majeure events (as defined below). Use of the Service in a manner contrary to ELE HARRIS’s instructions shall not apply, especially in cases where there are modifications or alterations to the Service made by third parties. In the event of a service interruption, ELE HARRIS will use all commercially reasonable efforts to correct the disruption and will provide the Subscriber with alternative methods to restore access and connectivity to the Service.

During the Subscription Term, the Subscriber will have the right, at no additional cost, to online access to user guides, knowledge bases, resources and tools, and any other type of support resources (collectively, “Technical Support”) provided by ELE HARRIS in connection with the Service. Likewise, the Terms and Conditions will be described and updated at www.eleharris.com. ELE HARRIS reserves the right to modify and publish the Terms and Conditions of Technical Support at any time and at its sole discretion.

ELE HARRIS will retain all rights, title, and interest (including all copyrights, patents, service marks, trademarks, and other intellectual property rights) in and to the accionica.com Service and the eleharris.com materials (including application development, technical and business methodologies, business design and implementation used by ELE HARRIS to develop or provide the accionica.com Service or materials), as well as any and all updates, enhancements, customizations, revisions, modifications, future releases, and any other changes related to its products and services.

Except for the limited access and usage rights granted under this Agreement, the Subscriber does not acquire any interest in the accionica.com Service or materials. The Subscriber agrees that any suggestions, requests for enhancements, feedback, tracking, recommendations, or other input provided by the Subscriber or Authorized Users relating to the accionica.com Service or materials may be used by accionica.com without restriction or obligation to the Subscriber.

• The Service is the property of ELE HARRIS, its licensors, or other providers of such services or materials, and is protected under international laws governing copyrights, trademarks, patents, trade secrets, and intellectual property.
• No right, title, or interest in or to the Service or any of its components is transferred to any Subscriber or Authorized User, and all rights not expressly granted in this Agreement are reserved by ELE HARRIS.
• The name ELE HARRIS, the ELE HARRIS logo, and all related names, logos, products and services, designs, and slogans are trademarks or service marks of ELE HARRIS or its affiliates or licensors. The Subscriber may not use such marks without the prior written consent of ELE HARRIS. Other names, logos, products and services, designs, and slogans appearing on this Website are the trademarks of their respective owners.

Additional Restrictions

The Subscriber is expressly prohibited from using any front-end code for any purpose other than their authorized use of the eleharris.com Service. Any replication or use of any aspect of the front-end code or other application of accionica.com or its services for any purpose intended or designed to compete with solutions developed by accionica.com is strictly prohibited.

As established in this Agreement between You and ELE HARRIS, Your Data and any similar information submitted to eleharris.com outside of the upload process (whether in physical or electronic format) is and shall remain your property.

To enable ELE HARRIS to provide you with the accionica.com Service, and in accordance with the Terms and Conditions of this Agreement, you hereby grant accionica.com a non-exclusive right to use, copy, distribute, and display Your Data solely in connection with the operation of the accionica.com Service for your benefit.

You, and not ELE HARRIS, are responsible for the omission, correction, destruction, damage, deletion, loss, or failure to store Your Data, and ELE HARRIS shall not be liable for any deletion, correction, destruction, damage, loss, or failure to store Your Data.

ELE HARRIS will protect your submitted data as confidential in accordance with Clause 11.

The fees for the eleharris.com Service and any additional services (“Fees”) are set forth in the Order Form and are payable in advance, non-cancelable, and non-refundable, except as expressly stated in the Order Form and this Agreement. You agree to provide ELE HARRIS with complete and accurate billing and contact information.

Where credit card payment is indicated on the Order Form, or if you otherwise provide accionica.com with credit card information, you authorize eleharris.com to charge such card:
(a) at the time you order the accionica.com Service or other services listed in the Order Form,
(b) according to the billing frequency set forth in the Order Form, and
(c) at the time of any renewal, for the applicable subscription period amount plus any applicable sales taxes.

If ELE HARRIS, at its discretion, allows you to make payment by a method other than credit card, eleharris.com will invoice you at the time of the initial Order Form and then monthly, in advance, for the applicable billing period. All invoiced amounts must be paid within ten (10) days of receiving the invoice from eleharris.com. Late payments are subject to a service charge of one and a half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower.

• Subscription Fee. The Subscriber agrees to pay the applicable fee for the specific Services they wish to access during the relevant subscription period (“Subscription Fee”). ELE HARRIS reserves the right to change the Subscription Fee for any renewal period, with prior written notice. Unless expressly stated otherwise, all fees are non-cancelable and non-refundable.

• Free Trial. If the Subscriber cancels a free trial before it expires, their credit/debit card will not be charged. If the Subscriber does not cancel before the expiration of the free trial, they will be automatically enrolled in the applicable membership (based on the Subscriber’s free trial enrollment option), and their credit/debit card will be charged accordingly.

• Gift Subscription. If the Subscriber receives a gift subscription, they will not be required to provide billing information.

• Payment Details. Recurring charges are billed in advance for the service. The Subscriber agrees to provide valid, current, and complete debit/credit card details, contact information, and billing information to ELE HARRIS. Furthermore, the Subscriber authorizes ELE HARRIS to charge such debit/credit card on the Effective Date (and on any applicable Renewal Dates) for the Subscription Fee corresponding to the subscription (and renewal) period. If, for any reason, the Subscriber’s credit/debit card company refuses to pay the amount billed for the services, the Subscriber agrees that accionica.com may, at its option, suspend or cancel the Subscriber’s access to the services, and require payment of the outstanding amount by other means acceptable to ELE HARRIS. ELE HARRIS may charge a reactivation fee for accounts that have been suspended or canceled. The Subscriber agrees that until their subscription is properly canceled, they will continue to accrue charges for which they remain responsible, even if they do not use the service. In the event legal action is required to collect any outstanding balances, the Subscriber agrees to reimburse ELE HARRIS for all costs incurred in recovering such amounts, including attorney’s fees and other legal expenses. Unless expressly stated otherwise, all fees are quoted in U.S. dollars.

The subscriber shall pay all personal property, sales, use, value-added, withholding, transfer, and similar taxes arising from the transactions described in this Agreement, even if such amounts are not listed on the Order Form. To the extent the subscriber is exempt from sales or other taxes, the subscriber agrees to provide ELE HARRIS, upon request, with the appropriate exemption certificate.

The subscriber is responsible for all applicable taxes and duties, whether international, national, state, or local, however designated, that apply to or are imposed as a result of the transaction contemplated in this Agreement, excluding, however, income taxes on profits that may be imposed on ELE HARRIS.

ELE HARRIS may terminate the eleharris.com service if the billing or contact information you provided is false or fraudulent. Likewise, ELE HARRIS reserves the right, at its discretion, to suspend your access to and/or use of the eleharris.com service in the following cases: (i) when there is an outstanding payment and, after being requested to resolve it, you fail to do so in a timely manner; or (ii) in the event of a dispute over who has the authority to act on or manage your account within your business, and no immediate written instructions are provided by the interested parties associated with your account that fully resolve the dispute.

You acknowledge and agree that if a dispute arises regarding the management of your account, then: (i) if the registered account holder is a corporation, limited liability company, or other registered entity, ELE HARRIS may rely on public records (to the extent they are available) to determine the authorized executives or managers of your entity; or (ii) if the registered account holder is a business operating under a trade name (dba), a sole proprietorship, or another type of entity for which public control records are not readily accessible online, eleharris.com may assume that the person or entity that has been making payments on your account has the authority to manage it.

You agree that ELE HARRIS will not be liable to you or any third party for any suspension of the accionica.com service resulting from your failure to pay fees or from a dispute regarding the administrative rights to your account.

For the purposes of this Agreement, Confidential Information shall include the business terms set forth in the Order Form, Your Data, the accionica.com service, and the accionica.com Materials, as well as any information that is clearly identified in writing at the time of disclosure as confidential or that, by its nature and the circumstances of its disclosure, should reasonably be understood as confidential by the receiving party (“Confidential Information”). Each party agrees to: (a) receive and maintain in confidence all Confidential Information disclosed by the other party or by a third party; (b) not use the other party’s Confidential Information except to the extent necessary to fulfill its obligations or exercise its rights under this Agreement; (c) limit internal disclosure of the Confidential Information to those employees and contractors of the recipient who need to know such information and are bound to protect it; and (d) protect the confidentiality of such information in the same manner it protects the confidentiality of its own similar information and data (using at all times at least a reasonable degree of care to protect such Confidential Information).

ELE HARRIS will restrict access to Your Confidential Information only to those of its employees who are necessary to successfully provide the eleharris.com service. ELE HARRIS may disclose Confidential Information to its contractors only when necessary, and provided such contractors have signed written agreements requiring them to maintain the confidentiality of such information and to use it solely to assist in the provision of services to eleharris.com in connection with the execution of this Agreement.

Confidential Information shall not include information that: (a) is publicly known; (b) was generally known in the industry prior to disclosure; (c) becomes publicly available without fault of the recipient after disclosure by the disclosing party; or (d) is known to the recipient through a third party who is not subject to confidentiality obligations to the disclosing party and has the legal right to disclose such information to the recipient.

This Section shall not be construed as prohibiting the disclosure of Confidential Information to the extent such disclosure is required by law or by order of a court or other governmental authority. The parties agree to promptly notify the other party upon receiving a subpoena or similar request for disclosure. Furthermore, the Subscriber agrees to maintain the confidentiality of ELE HARRIS’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” includes all parts of the Services, including, but not limited to, the Subscription Website.

ELE HARRIS agrees to retain and store any credit card information provided only for the minimum time required for business, legal, and/or regulatory purposes, and will use industry-standard practices to protect such information from unauthorized access, disclosure, or use.

You understand that your content (excluding credit card information) may be transmitted unencrypted and may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You may use the name and credentials of eleharris.com in an appropriate and acceptable manner for your standard marketing promotions, provided that you agree to cease or modify such use at ELE HARRIS’s request if it is contrary to eleharris.com’s branding policies, could cause brand confusion in the market, or is deemed objectionable by eleharris.com.

Similarly, accionica.com may use your company’s name in an appropriate and acceptable manner for standard marketing promotions, provided that accionica.com agrees to cease or modify such use at your request if it is contrary to your branding policies, could cause brand confusion in the market, or is deemed objectionable by you.

Acceptable and standard marketing promotions include, but are not limited to: client listings, press releases, surveys, interviews, recognized trade publications, television, and presentations and promotions on websites, among others.

The obligations and responsibilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).

Standard Term

Unless a different term is specified in a signed Order Form between you and eleharris.com, the Initial Term of your Subscription to an accionica.com Service will begin upon submission or execution of your Order Form and will continue on a monthly basis until the Subscription is terminated as set forth in this section. The term of this Agreement will automatically end when all active Subscription Terms have been terminated.

Termination Without Cause

Either party may terminate the Subscription Term to an accionica.com Service by providing thirty (30) days’ written notice to the other party. ELE HARRIS’s termination rights are in addition to any suspension rights it may have under this Agreement or the incorporated Website Use Policy.

Effect of Termination

Upon termination of the Subscription Term, all Fees owed to eleharris.com shall become immediately due and payable in full. The subscriber will no longer have any rights to access the Subscription Website. Termination will not affect any rights or responsibilities of either party that accrued prior to termination.

• Termination of Individual Subscription (applicable only to residents of a European Union member country).
  If you are an Individual Subscriber residing in a European Union member country, in addition to any other rights under these Terms of Service, you may cancel any Subscription for any reason within fourteen (14) days from the Effective Date by sending written notice to ELE HARRIS at [email protected]. If you do so, and in connection with any paid Subscription, accionica.com may, but is not obligated to, charge you a pro-rated portion of the Subscription Fee for the part of the Subscription you used.

The provisions of this Agreement that by their nature are intended to survive expiration or termination shall survive, including but not limited to obligations related to confidentiality, intellectual property protection, indemnification, and the payment of unpaid fees and expenses.
Subject to the receipt of all such fees, accionica.com will continue to make Your Data available for download until the termination date. Additionally, for a period of thirty (30) days following termination, you may arrange to download Your Data by contacting accionica.com. After this thirty (30) day grace period, accionica.com may delete Your Data from the production environment of the accionica.com Service.

The Subscriber agrees to comply with the then-current Website Use Policy and Privacy Policy (collectively, the “Policies” and individually, a “Policy”). ELE HARRIS reserves the right to modify any of the Policies at any time, and to the extent permitted by applicable law, changes to the Policies will become effective immediately upon being posted on the Website.

The Subscriber’s continued use of any part or all of the Services after a revised Policy is posted signifies acceptance of and agreement to the changes. In the event of a direct conflict between these Terms of Service and the terms of the Policies, the Terms of Service shall prevail.

The data that eleharris.com collects from a Subscriber may be transferred to and stored at a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for ELE HARRIS or one of its service providers. Such staff may be involved, among other things, in the fulfillment of your order, the processing of your payment details, and the provision of support services.

By submitting your personal data, you agree to this transfer, storage, or processing. ELE HARRIS will take all reasonably necessary steps to ensure that your data is treated securely and in accordance with its Privacy Policy.

You acknowledge that the law requires parental consent to collect or use information from a child under the age of 13. If you are a child under 13 years old, please show these Terms of Service to your parent or legal guardian, and do not use the Services without verifiable parental consent in accordance with the Children’s Online Privacy Protection Act (COPPA).

If you, as the Subscriber, are the parent or legal guardian of a child under the age of 13 who may access or use the Services, you expressly consent to that child’s use of the Services, including all features and functionalities associated with the Subscription, such as social networking or community features.

You represent and warrant that you will not allow a child under the age of 13 to use the Services if they do not agree to the provisions of this Section.

You agree that U.S. export control laws and other applicable import and export laws govern your use of the eleharris.com service, including its technology. You represent that you are not a citizen of an embargoed country nor a prohibited end user under applicable U.S. export, sanctions, or anti-terrorism laws, regulations, and lists.

The eleharris.com service may be included in packages offered by third parties (including, but not limited to, marketing partners or eleharris.com content) along with Third-Party Content designed to facilitate the use of the service in certain market niches or customize it for specific customer categories.

If you acquire the eleharris.com service through such third parties or access third-party setup content or services (even if you purchase the main service directly from accionica.com), eleharris.com makes no warranties and assumes no responsibility for such Third-Party Content. In the event of any issues with such content or its interaction with the accionica.com service, you agree to direct your concerns exclusively to the relevant third-party provider and not to eleharris.com.

This website may contain links to other websites that are not operated by or affiliated with ELE HARRIS. ELE HARRIS is not responsible for the content, accuracy, or opinions expressed on such third-party sites, nor does it verify their accuracy or completeness. The inclusion of any link on this website does not imply approval or endorsement by ELE HARRIS. If a user chooses to access these third-party websites, they do so at their own risk.

Legal notices related to this Agreement addressed to ELE HARRIS must be made in writing and sent to [email protected] (if by email), or by first-class mail or express courier service (if sent from within the United States), or via an international courier service, addressed to:

ELE HARRIS
Attn. Legal
Registered Studio: Signature Rhone 8, GENEVA, CH

Notices addressed to the Subscriber may be sent to the email address registered in their account or to the address provided as part of their registration data.

Additionally, ELE HARRIS may disseminate notices or messages through the website to inform about service changes or other relevant matters. Such communications will constitute valid notice to the Subscriber, to the extent permitted by applicable law.

Any notice or communication under these Terms of Service shall be deemed delivered within the following timeframes:

(a) On the date of delivery, if delivered personally.
(b) Two business days after being deposited with an express courier service, with receipt verification.
(c) Five business days after the mailing date, if sent by mail with acknowledgment of receipt.
(d) On the date of delivery, if sent by email.
(e) Within twelve (12) hours after publication of a notice on the ELE HARRIS website.

Except for the provisions that establish the primary contractual obligations of the Subscriber and ELE HARRIS under this Agreement, ELE HARRIS has the right to review and modify these Terms of Service from time to time to reflect changes in business needs, including but not limited to changes in features and functionalities, changes in market conditions, changes in technology, changes in payment methods, changes in applicable laws and regulations, and changes in system capabilities. Such modifications will become effective immediately upon posting, and the Subscriber’s continued use of any of the Services after the revised Terms of Service are posted constitutes acceptance and agreement to those changes, to the extent permitted by applicable law.

ELE HARRIS guarantees that, for a period of thirty (30) days from delivery, all professional services provided under this agreement will be performed professionally and in accordance with the industry standards for comparable services. In the event of any breach of this warranty reported by you in a timely manner, your exclusive remedy will be the re-performance of the deficient services, and if accionica.com is unable to re-perform the deficient services as warranted, you shall be entitled to recover the portion of the fees paid to eleharris.com for such deficient services, and such refund shall be ELE HARRIS’s sole liability.

You warrant that your business will at all times comply with all applicable federal, state, and local laws and regulations, as well as eleharris.com’s Website Use Policy, in connection with your use of the eleharris.com service, and you agree to indemnify and hold ELE HARRIS harmless from and against any third-party or governmental claims, including all related damages, costs, and expenses (including reasonable attorney’s fees), arising out of your violation of the law or breach of this warranty in your use of the eleharris.com service.

ELE HARRIS shall not be liable or obligated to perform any of its duties, nor be held responsible for any delay in performance, if such performance is affected by events beyond its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-event, omission, or accident beyond ELE HARRIS’s reasonable control, including but not limited to actions by any governmental agency, legal restrictions, regulations, orders, or other governmental directives, labor disputes, acts of God, mechanical failures or failures of third-party equipment, material shortages, acts of terrorism, terrorist attacks, fires, explosions, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, the stability or availability of the Internet or any part thereof, storms, or other similar events.

EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, UNINTERRUPTED SERVICE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT ELE HARRIS SPECIFICALLY DISCLAIMS ALL WARRANTIES RELATED TO THE ELE HARRIS.COM SERVICE. USE OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER ELE HARRIS NOR ANY PERSON ASSOCIATED WITH ELE HARRIS MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

IN NO EVENT SHALL ELE HARRIS, ITS DIRECTORS OR OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (WITH CONSEQUENTIAL DAMAGES BEING UNDERSTOOD AS LOSSES ARISING AS A SECONDARY EFFECT OF THE PRIMARY LOSS) THAT ARE NOT A REASONABLY FORESEEABLE RESULT OF SUCH PRIMARY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOST PROFITS, (II) LOSS OF REVENUE OR INCOME, (III) LOSS OF ANTICIPATED SAVINGS, (IV) LOSS OF DATA, (V) BUSINESS INTERRUPTION, (VI) REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM THE USE OF ANY SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO THE USE OF THE SERVICE OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICE OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING APPLIES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY WEBSITE REFERENCED OR LINKED FROM THE SERVICES.

FURTHERMORE, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ELE HARRIS UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO ELE HARRIS DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE ALLEGED LIABILITY EVENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ELE HARRIS DOES NOT IN ANY WAY EXCLUDE OR LIMIT LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR ELE HARRIS TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY.

SECTION 18 (B) APPLIES TO MULTI-USER SUBSCRIBERS:

• IN NO EVENT SHALL ELE HARRIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (WITH CONSEQUENTIAL DAMAGES BEING LOSSES ARISING AS A SECONDARY EFFECT OF THE PRIMARY LOSS) THAT ARE NOT A REASONABLY FORESEEABLE RESULT OF SUCH PRIMARY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOST PROFITS, (II) LOSS OF REVENUE OR INCOME, (III) LOSS OF ANTICIPATED SAVINGS, (IV) LOSS OF DATA, (V) BUSINESS INTERRUPTION, (VI) REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM THE USE OF ANY SERVICE OR PRODUCTS OBTAINED THROUGH THE SERVICE, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO THE USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICE OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING APPLIES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY WEBSITE REFERENCED OR LINKED FROM THE SERVICES.
• NOTWITHSTANDING ANY PROVISION TO THE CONTRARY ABOVE, THE SUBSCRIBER’S EXCLUSIVE REMEDY AND ELE HARRIS’S TOTAL LIABILITY, IF ANY, FOR ANY CLAIM ARISING UNDER THESE TERMS OF SERVICE SHALL BE LIMITED TO THE LESSER OF: (I) THE AMOUNT PAID BY THE SUBSCRIBER TO ELE HARRIS IN SUBSCRIPTION FEES DURING THE TWO (2) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CLAIM OR ACTION AROSE, OR (II) TWO HUNDRED DOLLARS (USD $200), REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, TORT, WARRANTY, INDEMNITY, OR OTHERWISE. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND THIS LIMIT. THE SUBSCRIBER SHALL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES ARISING FROM MISUSE OF THE SERVICES BY THE SUBSCRIBER AND/OR ITS AUTHORIZED USERS.

SECTION 18 (C) APPLIES TO INDIVIDUAL SUBSCRIBERS RESIDING IN A MEMBER COUNTRY OF THE EUROPEAN UNION:

• IN NO EVENT SHALL ELE HARRIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSEES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (WITH CONSEQUENTIAL DAMAGES BEING THOSE DAMAGES ARISING AS A SECONDARY EFFECT OF THE PRIMARY LOSS) THAT ARE NOT A REASONABLY FORESEEABLE RESULT OF SUCH PRIMARY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOST PROFITS, (II) LOSS OF REVENUE OR RECEIPTS, (III) LOSS OF ANTICIPATED SAVINGS, (IV) LOSS OF DATA, (V) BUSINESS INTERRUPTION, (VI) REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM THE USE OF ANY SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICE OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING APPLIES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY WEBSITE REFERENCED OR LINKED FROM THE SERVICES.

The subscriber acknowledges that any breach of confidentiality or proprietary rights provisions in these Terms of Service may cause irreparable harm to ELE HARRIS, for which monetary damages would be an inadequate remedy. Consequently, ELE HARRIS may seek an injunction to prevent the subscriber from engaging in any act that violates those provisions. This remedy is cumulative and non-exclusive, and ELE HARRIS may seek a court order prohibiting any actual or threatened breach of such provisions, in addition to any other remedies to which ELE HARRIS is entitled under law or equity.

The subscriber agrees to fully indemnify and defend ELE HARRIS, its directors or officers, employees, subsidiaries, affiliates, agents, contractors, interns, suppliers, service providers, licensors, successors, and assigns, against any damages, losses, and expenses (including reasonable attorney’s fees) arising from any claim, action, or demand by third parties resulting from any breach by the subscriber of any representation, warranty, covenant, obligation, or duty under this Agreement.

All provisions related to proprietary rights, payment of fees, confidentiality, warranty disclaimers, indemnification, and limitation of liability shall survive the expiration or early termination of these Terms of Service.

You may not assign this Agreement without providing prior notice and obtaining the consent of ELE HARRIS, which will not be unreasonably withheld as long as your account is in good standing. Any purported assignment in violation of this section shall be null and void. The subscriber may not transfer these Terms of Service, in whole or in part. ELE HARRIS may transfer these Terms of Service and/or subcontract some or all of its obligations under them at any time.

This Agreement and the information incorporated into this Agreement by written reference (including references to information contained in a URL or referenced policy), together with any applicable Order Form, represent the entire understanding between the parties regarding the Service of eleharris.com, the Materials of accionica.com, and the Services, and supersede any prior or contemporaneous, conflicting or additional communications. The terms and conditions of this Agreement may only be modified by a written agreement between the parties.

These Terms of Service shall be interpreted and governed by the laws of United Kingdom, without regard to its conflict of law principles. You agree and consent that any legal action or proceeding shall be brought exclusively in the federal or state courts of the city of London, and you expressly waive any objections to personal jurisdiction, venue, or inconvenient forum. Furthermore, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claim for breach of contract, tort, or infringement), you agree that all such disputes/claims will be resolved by trial in the superior or district courts in London, United Kingdom, and you expressly waive any right you may have to a jury trial.

THE ABOVE JURISDICTION PROVISION DOES NOT APPLY IF YOU ARE AN INDIVIDUAL SUBSCRIBER RESIDING IN A MEMBER COUNTRY OF THE EUROPEAN UNION. IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU MAY BRING A CLAIM IN THE COURTS OF THE COUNTRY WHERE YOU RESIDE.

In the event that any provision of these Terms of Service is deemed by a court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall be modified and construed to the fullest extent permitted by law to best effectuate the original intent of the provision, and the remaining provisions of these Terms of Service shall remain in full force and effect.

No joint venture, partnership, employment, or agency relationship exists between ELE HARRIS and you as a result of this Agreement or your use of the eleharris.com Service. No person, entity, or party subject to these Terms of Service shall be considered a third-party beneficiary of these Terms of Service or any of their provisions.

The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by that party. If ELE HARRIS does not insist on strict compliance with the subscriber’s obligations under any of these terms and conditions, or if ELE HARRIS does not exercise any of the rights or remedies to which it is entitled under these Terms of Service, such failure shall not constitute a waiver of those rights or remedies and shall not excuse the subscriber from complying with such obligations. No waiver by ELE HARRIS of any breach shall constitute a waiver of any subsequent breach, and no waiver by ELE HARRIS of any of these terms and conditions shall be effective unless expressly stated as a waiver and communicated to the subscriber in writing.

These Terms of Service (“this Agreement”), together with the Terms of Service, Website Use Policy, and other policies posted on this Website, constitute the sole and complete agreement between you and ELE HARRIS regarding any type of products and/or services and supersede any prior agreements, representations, warranties, communications, proposals, and other terms, whether oral or written (including, but not limited to, any prior Terms of Service). Any ambiguity in the interpretation of this Agreement shall not be construed against ELE HARRIS, its brands, or affiliates.