Terms & Conditions
ELITEPLUS WEB SITE TERMS & CONDITIONS
- USE OF THE WEBSITE
- INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE
The Content is the exclusive property of Eliteplus or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of Eliteplus or others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of Eliteplus or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other Eliteplus material, please contact firstname.lastname@example.org.
You may not use the Website for any unlawful purpose. You shall honor all reasonable requests by Eliteplus to protect Eliteplus’ proprietary interests in the Website.
If you believe that any Content or other material posted on the Website infringes your copyright, you must file a notice of infringement and Eliteplus will address your concerns in accordance with the Digital Millennium Copyright Act.
- Information identifying the copyrighted work or works you believe is being infringed.
- Information identifying the material you believe is infringing your copyright, including exact permanent URL and any other information that will allow Eliteplus to locate the allegedly infringing material.
- Your address, telephone number, email address and any other relevant contact information.
- A statement that you have a good faith belief that the use of the allegedly infringing material on the Website is not authorized by you, your agent or the law.
- A statement that the information provided to Eliteplus is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that by submitting an infringement notification, you are initiating a legal process. You may be liable for damages or other legal consequences if you make any false claims or otherwise misuse this process.
- REGISTRATION PROCEDURES
As part of the registration process, you must create a User account by selecting a username and password and providing Eliteplus with accurate, complete, and updated information. If you are accessing this Website within the scope of your employment, you are required to register using an email address containing your employer’s domain name. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access to the Website.
If you wish to use the Eliteplus Payment Portal (the “Portal”) to make payments to Eliteplus, you are responsible for creating a User account in the Portal at Eliteplus. You are responsible for maintaining the confidentiality of your username and password and you accept responsibility for all activities, charges and damages that occur in relation to your User account. Your access to the Portal is contingent upon your employment with the company on behalf of which you are registered and must be deactivated once your employment has ended. You shall promptly contact Eliteplus if you believe there has been unauthorized use of your User account.
You are also solely responsible for all access to, usage of or activity on your User account including, but not limited to, use of the account by any person who uses your user name and password, with or without authorization, or who has access to any computer, mobile or other device on which your account resides or is accessible.
- LIMITATION OF LIABILITY
Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Website.
THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. NEITHER ELITEPLUS MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE WEBSITE, THE WEBSITE’S OWN CONTENT, OTHER CONTENT (AS DEFINED IN SECTION 6 BELOW), OR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEBSITE.
ELITEPLUS, ITS AFFILIATES, AND ALL THIRD PARTY PROVIDERS AND LICENSORS (COLLECTIVELY, THE “ELITEPLUS PARTIES”) HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NONE OF THE ELITEPLUS PARTIES SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
IN NO EVENT WILL ANY OF THE ELITEPLUS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEBSITE. NONE OF THE ELITEPLUS PARTIES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEBSITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEBSITE AND ANY CONTENT ON THE WEBSITE OR OTHERWISE. IN NO EVENT WILL ANY OF THE ELITEPLUS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE.
Eliteplus assumes no responsibility for the use of third party software on the Website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
- LINKS TO OTHER WEB SITES
You may, through hypertext or other computer links, gain access to websites operated by persons other than Eliteplus. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites’ owners. You agree that Eliteplus is not responsible for the content or operation of such websites, and that Eliteplus shall have no liability to you or any other person or entity for the use of third party websites. Except as described below, a hyperlink from this Website to another website does not imply or mean that Eliteplus endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from the Website.
- THE USER’S CONTENT
The User grants to Eliteplus the non-exclusive right to use all material submitted, uploaded, or otherwise made available into the Website by the User (other than third party material transmitted through private electronic mail)
Users entering material into the Website are responsible for the Other Content. Neither Eliteplus has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Website. Eliteplus retains the right, which it may exercise in its sole discretion, to review, edit, or delete Other Content that Eliteplus deems to be (i) illegal, (ii) offensive, (iii) in violation of contractual obligations; or (iv) otherwise inappropriate.
You may not input or distribute any material through the Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Eliteplus.
The User agrees to indemnify the Eliteplus Parties from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that the Eliteplus Parties, their employees, and authorized representatives may incur as a result of either: (i) the User’s breach of this Agreement or (ii) material entered into the Website with the use of the User’s username or password.
- ANTI-HACKING PROVISION
You expressly agree not to:
- use the Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
- use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website or the Content found on or accessed through the Website without prior express written consent;
- obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
- in any way bypass or circumvent any other measure employed to limit or prevent access to the Website or its Content;
- violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with this Website, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website;
- exceed three thousand (3,000) symbol calls in any single request for data, or request the same data more frequently than once every sixty (60) seconds; or
- take or attempt any action that, in the sole discretion of this Website’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or such operation’s infrastructure.
- ADDITIONAL LEGAL TERMS