We are pleased that you have elected to visit and use this website, www.theelliotgroup.com (the “Website” or the “Site”), operated by, or on behalf of Elliot Group Enterprises, LLC (“EGE” or the “Company”).
EGE is comprised of The Elliot Group, a global exclusive executive search firm focusing on the consumer and service industries, including hospitality, restaurants, foodservice, beverage, hotel, retail, lifestyle, fitness, health, wellness, and more.
Please read these Terms of Use (“Terms of Use”) carefully and ensure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between EGE and you regarding your use of this Website and supersede any prior statements or representations. This Website’s Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to all or any of these Terms of Use.
From time to time, these Terms of Use may change. EGE reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on this Website and changes will become effective once posted. Your continued access to or use of the Website will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.
You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.
This Website is controlled and operated by EGE from its offices in the United States of America, and is intended for use solely within the United States, and its territories and possessions. You must be 18 years of age to use this Site. EGE makes no representation that this Website, or the materials contained hereon, are appropriate for users located in other countries. Those who choose to access this Site from other countries do so on their own initiative and are responsible for compliance with all laws in that country, if and to the extent that such laws are applicable.
Access to, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website, you are deemed to have confirmed your acceptance to these Terms of Use and the Website’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use this Website.
By participating in the activities offered on this Site, you affirm, represent and warrant that: (a) you are 18 years of age or older and reside in the United States;(b) all information you submit via the Site shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.
EGE may terminate your right to access and/or use this Website at any time.
Materials on this Website, including but not limited to sound recordings, images, reports, trademarks, compilations, and graphics (collectively referred to as the “Materials”), are protected under various intellectual property laws and owned or controlled by EGE, or used with permission of the owner(s) of such Materials. The display of Materials at this Website does not imply that a license of any kind has been granted to you.
EGE hereby grants you permission to use the Website and the Materials as set forth in these Terms of Use, provided that:
Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of EGE, is prohibited. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Please see EGE’s Privacy Policy for information concerning the collection and use of Personal Information from this Website.
The Website may contain links to other websites and to social media sites and pages (collectively, “other sites”) that are not controlled and/or maintained by EGE. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern other sites. By providing such links, EGE shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on other sites. EGE is not responsible for the content contained on other sites, or for the failure of any product or service offered for sale or advertised on any other sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked other sites are owned and/or controlled by other organizations. Moreover, such other sites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.
Certain pages or sections of this Website may contain Terms of Use which are in addition to or different from these Terms of Use. In the event that there is a conflict between such additional or different Terms of Use and these Terms of Use, the additional or different Terms of Use of use will govern with respect to the specific pages or sections to which they apply.
When you provide EGE with your resume, employment history, background materials, or related information through the Website (“Employment Materials”), EGE will maintain your Employment Materials on databases it owns and/or controls and will not share the Employment Materials with third parties without your consent. For example, when you provide your resume to EGE through the Website, that resume is uploaded and stored on EGE’s databases, but is accessible only to EGE and is not disclosed or disseminated outside of EGE unless you have consented to such disclosure upon its submission or subsequently. If and when EGE identifies a potential employment or other opportunity it thinks may be suitable for you, EGE will share your Employment Materials if you have given your consent and/or contact you by e-mail or telephone before it forwards any Employment Materials to a prospective employer or other third party. You can ask EGE to remove or delete your Employment Materials from EGE’s databases by e-mailing EGE at info@theelliotgroup.com.
EGE endeavors to make sure that all information and data it originates on the Website is accurate. However, EGE is not responsible for any damages or loss related to the use of this Website or the products and/or services provided through the Website.
THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. EGE RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES.
UNLESS PROHIBITED BY LAW, NEITHER EGE (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, EGE MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF EGE’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.
EGE is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.
Unless prohibited by law, you will indemnify EGE, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify EGE, shall survive beyond any term for which these Terms of Use are in effect.
When you communicate with EGE electronically, via email or otherwise, you consent to receive electronic communications from EGE. You may opt out of receiving electronic communications from EGE at any time. Please refer to the Company’s Privacy Policy on how to opt out of electronic communications from EGE. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by EGE satisfy any legal requirement that such communication be in writing. EGE encourages you to retain your own copies of relevant information; however, upon your written request, EGE will provide you with a copy of any information you have provided to EGE. To make such a request, please contact info@theelliotgroup.com.
In the event that EGE and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of EGE and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, EGE will post a notice to such effect on this Website.
If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at:
Mailing address: 505 White Plains Rd., Suite 228, Tarrytown, New York 10591
Email: info@theelliotgroup.com
EGE values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you should provide the following notice to EGE:
Address: 505 White Plains Rd., Suite 228, Tarrytown, New York 10591
Electronic Mail Address: info@theelliotgroup.com
In your notice, you must include the following:
Software and the products obtained through or related to this Website may be subject to United States export controls or the export controls of other countries from where you access the Site. No software or products may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries’ export laws, as applicable. Downloading or using the software or products is at your sole risk.
Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by EGE of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and EGE’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. You understand that by accepting these Terms of Use, you are giving up your right to a trial in court, either with or without a jury.
To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the site you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Notwithstanding anything to the contrary set forth in these Terms of Use, EGE may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by EGE, in the event that EGE believes that there is a violation, or a threatened violation, of any of EGE’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.