TERMS AND CONDITIONS
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Elite Products
You agree that by accessing our website, you have read, understood, and agreed to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the website
from time to time are hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or modifications to these Terms of Use
at any time and for any reason. We will alert you about any changes by updating the
“Last updated” date of these Terms of Use, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically review these Terms
of Use to stay informed of updates. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised Terms of Use
by your continued use of the Website after the date such revised Terms of Use are
posted.
- USER ELIGIBILITY
By using the Website, you represent and warrant that: (1) all registration information you
submit will be true, accurate, current, and complete; (2) you will maintain the accuracy
of such information and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Terms of Use; (4) you
are not under the age of 18; (5) you are not a minor in the jurisdiction in which you
reside, or if a minor, you have received parental permission to use the Website; (6) you
will not access the Website through automated or non-human means, whether through
a bot, script, or otherwise; (7) you will not use the website for any illegal or unauthorized
purpose; and (8) your use of the Website will not violate any website applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Website (or any portion thereof). - USER REGISTRATION
You agree to keep your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that such username is website
inappropriate, obscene, or otherwise objectionable. - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website is our proprietary property and all source code,
databases, functionality, software, website designs, audio, branding, video, text,
photographs, and graphics on the Website (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by copyright and trademark laws
and various other intellectual property rights and unfair competition laws of United
States, international copyright laws, and international conventions. The Content and the
Marks are provided on the Website “AS IS” for your information and personal use only.
Except as expressly provided in these Terms of Use, no part of the Website and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed,
or otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided that you are eligible to use the Website, you are granted a limited license to
access and use the Website and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your personal, non-
commercial use. We reserve all rights not expressly granted to you in and to the
Website, the Content and the Marks - PROHIBITED ACTIVITIES
You may not access or use the website for any purpose other than that for which we
make the website available. The website may not be used in connection with any
commercial endeavors except those that are specifically endorsed or website approved
by us.
As a user of the website, you agree not to: - Systematically retrieve data or other content from the website to create or compile,
directly or indirectly, a collection, compilation, database, or directory without written
permission from us. - Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords. - Circumvent, disable, or otherwise interfere with security-related features of the
Website, including features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Website and/or the Content contained therein. - Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
- Use any information obtained from the Website in order to harass, abuse, or harm
another person. - Make improper use of our support services or submit false reports of abuse or
misconduct. - Use the Website in a manner inconsistent with any website applicable laws or
regulations. - Use the Website to advertise or offer to sell goods and services.
- Engage in unauthorized framing of or linking to the Website.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Website. - Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering and
extraction tools. - Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another
user. - Sell or otherwise transfer your profile.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”). - Interfere with, disrupt, or create an undue burden on the Website or the networks or
services connected to the Website. - Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Website to you. - Attempt to bypass any measures of the Website designed to prevent or restrict
access to the Website, or any portion of the Website. - Copy or adapt the Website’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code. - Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Website. - Except as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including without limitation,
any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or
using or launching any unauthorized script or other software.
- Make any unauthorized use of the Website, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses. - Use the Website as part of any effort to compete with us or otherwise use the
Website and/or the Content for any revenue-generating endeavor or commercial
enterprise. - CONTRIBUTION LICENSE
You and the Website agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the Privacy Policy
and your choices (including settings).
By submitting suggestions or other feedback regarding the Website, you agree that we
can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Website. You
are solely responsible for your Contributions to the Website and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action against
us regarding your Contributions. - SOCIAL MEDIA
As part of the functionality of the Website, you may link your account with online
accounts you have with third-party service providers (each such account, a “Third-Party
Account”) by either: (1) providing your Third-Party Account login information through the
Website; or (2) allowing us to access your Third-Party Account, as is permitted under
the website applicable terms and conditions that govern your use of each Third-Party
Account for example by payment for tickets and any returns/issues/refunds. You
represent and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without breach by
you of any of the terms and conditions that govern your use of the website applicable
Third-Party Account, and without obligating us to pay any fees or making us subject to
any usage limitations imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you understand that (1)
we may access, make available, and store any content that you have provided to and
stored in your Third-Party Account (the “Social Network Content”) so that it is available
on and through the Website via your account, including without limitation any friend lists
and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the Third-
Party Account. Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts, personally identifiable
information that you post to your Third-Party Accounts may be available on and through
your account on the Website. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third Party Account is terminated
by the third-party service provider, then Social Network Content may no longer be
available on and through the Website. You will have the ability to disable the connection
between your account on the Website and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or non-infringement, and we
are not responsible for any Social Network Content. You acknowledge and agree that
we may access your email address book associated with a Third-Party Account and
your contacts list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use the
Website. You can deactivate the connection between the Website and your Third-Party
Account by contacting us using the contact information below or through your account
setting. We will attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and profile picture
that become associated with your account.
- SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Website (“Submissions”) provided by you
to us are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to the unrestricted
use and dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all
moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or website misappropriation of any proprietary right in your Submissions. - ADVERTISERS
We allow advertisers to display their advertisements and other information in certain
areas of the Website, such as sidebar advertisements or banner advertisements. If you
are an advertiser, you shall take full responsibility for any advertisements you place on
the Website and any services provided on the Website or products sold through those
advertisements. Further, as an advertiser, you warrant and represent that you possess
all rights and authority to place advertisements on the Website, including, but not limited
to, intellectual property rights, publicity rights, and contractual rights. We simply provide
the space to place such advertisements, and we have no other relationship with
advertisers.
- WEBSITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Website for violations of
these Terms of Use; (2) take website appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Website or
otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Website in a manner
designed to protect our rights and property and to facilitate the proper functioning of the
Website. - TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Website.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS
OF USE OR OF ANY WEBSITE APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take website
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress. - MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Website. We also reserve the right to modify
or discontinue all or part of the Website without notice at any time. We will not be liable
to you or any third party for any modification, price change, suspension, or
discontinuance of the Website.
We cannot guarantee the Website will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Website, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Website at any time or for
any reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Website
during any downtime or discontinuance of the Website. Nothing in these Terms of Use
will be construed to obligate us to maintain and support the Website or to supply any
corrections, updates, or releases in connection therewith.
- GOVERNING LAW
These Terms of Use and your use of the Website are governed by and construed in
accordance with the _____________law to agreements made and to be entirely
performed within __________________without regard to its conflict of law principles. - DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to Terms or the relationship
established by this Agreement to the jurisdiction of the United States Courts. We shall
also maintain the right to bring proceedings as to the substance of the matter in the
courts of the country where you reside or, if these Terms are entered into in the course
of your trade or profession, the state of your principal place of business. - CORRECTIONS
There may be information on the Website that contains typographical errors,
inaccuracies, or omissions, including descriptions, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Website at any time, without prior notice. - DISCLAIMER
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE WEBSITELICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE WEBSITE APPROPRIATE.
- LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID,
IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS WEBSITE
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY
NOT WEBSITE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. - INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of: (1) use of the
Website; (2) breach of these Terms of Use; (3) any breach of your representations and
warranties set forth in these Terms of Use; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Website with whom you connected via the Website.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
- USER DATA
We will maintain certain data that you transmit to the Website for the purpose of
managing the performance of the Website, as well as data relating to your use of the
Website. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Website. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action against us
arising from any such loss or corruption of such data. - ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Website, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means. - MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Website or
in respect to the Website constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these Terms of
Use shall not operate as a waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may assign any or all of our rights
and obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Terms of Use is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms of Use or use of the Website.
You agree that these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of signing by the parties hereto to
execute these Terms of Use.
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