PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THIS WEBSITE AND THE ELITE PRODUCTS AND SERVICES PROVIDED HEREUNDER. Using this Website indicates that you accept these Terms. If you do not accept these Terms, you must exit and not use this Website.
Introduction
These Terms govern your access to and use of this Website operated by Carlo Biasucci Consulting Inc. with a domain address of theelitepractice.com (“Elite”), referred to herein as the “Website”. The Terms also apply to:
the purchase of any products, services or materials from Elite through this Website (the “Elite Products”);
the use of any information, material and content provided in the Website, including the details and particulars of any Elite Products (collectively referred to as the “Website Content”;
any and all services available on or through the Website (the “Services”); and
our independent consultants’ (the “Consultants’) use of the Website.
ACCEPTANCE OF TERMS
Agreement. By (i) accessing and/or using the Website; (ii) purchase of any Elite Products and Services; and (iii) use of any of the Website Content, you expressly accept without limitation or qualification these Terms and intend to be legally bound by them, along with all applicable laws and regulations. The Terms are a legal agreement between you as the “User”, including any third party that is provided access to the Website, and Elite.
Company. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind such company or other legal entity, in which case the Terms “You” or “User” shall include such entity, jointly and severally with you personally. You further consent to Elite providing to you, in electronic form on this Website these Terms and the Elite Privacy Policy.
Age of Majority. By accepting these Terms, you represent and warrant that you are at least the age of majority in the Province of Ontario, and are legally capable of entering into a binding contract.
Amendment to Terms. Elite reserves the right to amend the Terms at any time to account for changes in applicable law and regulations, our services and our platform, by posting the amended Terms on our Website. It is your responsibility to review these Terms regularly as you are deemed to be aware of such amendments. If you do not agree to the amended Terms, you shall immediately stop accessing and using the website. Your continued use of the Website after such amendments have been posted shall constitute your acknowledgement and acceptance of the amended Terms.
Other Agreements. These Terms are also subject to the terms and conditions of any agreement between you and Elite, if applicable. In the event that the Terms are inconsistent with the terms of any agreement that you may have with Elite, the terms of that Agreement shall govern.
Privacy Policy
Elite respects individuals’ privacy rights and takes its responsibilities regarding the collection, use, disclosure and retention of personal information seriously. Elite’s Privacy Policy which forms part of these Terms and is hereby incorporated by reference, is posted at _____________________(“Privacy Policy”). You acknowledge that you have read and understood Elite’s Privacy Policy which you understand will apply to the processing of your personal information in relation to the Website and Services.
The Privacy Policy explains how Elite collects, uses, discloses and retains personal information. Your acceptance of these Terms will also signify your acceptance of the terms of Elite’s Privacy Policy. Elite ensures that appropriate security safeguards are in place and that personal information collected through the Website is securely stored against loss, theft, unauthorized access, disclosure or modification. However it is important to be aware that the Internet is not a secure medium, and neither the security of your communications nor visits to this Website can be completely guaranteed. Elite shall not be liable for any damages resulting from the transmission, interception or corruption of communications to or from this Website.
Use of this Website
Subject to your compliance with these Terms Elite hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable licence to access, read, download and print the information and material (including images, graphics, illustrations and written materials) which are displayed on the Website from time to time and to access such other related products and services as may be available through the Website from time to time. You agree that your access to the Website and use of any Website Content is strictly for your personal, private and end-use only. You may not use the Website, Website Content, Elite Products and Services to further any commercial purpose other than as may be expressly permitted by these Terms or unless expressly permitted in any Agreement made between you and Elite. Elite reserves the right to cease the operation of the Website at any time for any reason and/or to limit, restrict, suspend or terminate your access to and use of this Website at any time, without notice or cause.
This licence does not include any resale or commercial use of the Website, Website Contents, Elite Products or Services, or their collection or use, descriptions or prices; derivative use, downloading, copying or use of Website information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in the Terms or any other agreement between you and Elite are reserved and retained by Elite. No portion of the Website, Website Content, Elite Products and/or Services may be reproduced, duplicated, copied, sold resold, visited or otherwise exploited for any commercial purpose without the express written consent of Elite. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Elite without express written consent. You may not use any meta tags or any other “hidden text” utilizing Elite’s name or trademarks without the express written consent of Elite. You may use the Website only as permitted by law. The licence granted by Elite herein shall terminate if you do not comply with these Terms.
OWNERSHIP OF WEBSITE CONTENT / INTELLECTUAL PROPERTY
Elite owns all intellectual property rights, including without limitation copyright and trade-mark rights in all materials on or comprising the Website, Website Content, Elite Products and Services, including without limitation, all written, audiovisual, products, services, text, graphics, logos, button icons, audio clips, digital downloads, data compilations and software, and any other materials and graphical elements on the Website. The Website, Website Content, Elite Products and Services are the property of Elite and are protected by Canadian and international copyright laws. In the event that you download, review or use in any way the Website Content, you agree that you do not obtain any ownership rights in the Website or the Website Content. Nothing on this Website shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise. You may not change, modify, alter or delete any author attribution, trademark, legend or copyright notice. Any unauthorized downloading, retransmission, change, modification, alteration, deletion, gathering, copying, publishing, reproduction, display, adaption, distribution, license, reuse, sale or other exploitation of Elite’s intellectual property, trademarks, the Website, Website Contents, Elite Products and/or Services may be a violation of federal or other law and you could be subject to legal action.
MEMBER CONDUCT
As a term and condition of using the Website, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
You understand that all Website Content, being the information, data, text, software, music, sounds, photographs, graphics, video, messages or other materials whether publicly posted or privately transmitted are the sole responsibility of the person from which such Website Content originated. This means that you are entirely responsible for all Website content that you upload, post, email, transmit or otherwise make available via the Website. Elite does not verify the Content posted via the Website and as such, does not guarantee the accuracy, integrity or quality of such Website Content. You understand that by using the Website, you may be exposed to Website Content that is offensive, indecent or objectionable. Elite does not take responsibility for Website Content posted on the Website by other users.
You must evaluate and bear all risks associated with the use of the Website, Website Content, Elite Products and Services, including any reliance on the accuracy, completeness or usefulness of such Content submitted to the Website, any response boards, forums and in all other parts of the Website.
You acknowledge and agree that by uploading or posting any User Content to the Website, you grant Elite a worldwide, non-exclusive, royalty-free, license to use, reproduce, modify, translate into different languages or formats, and publish such User Content on the Website for the purpose of sharing the User Content with users of the Website, to promote the Website or to otherwise use freely the User Content as determined by Elite. To this end, you represent and warrant that you have all necessary rights to submit the User Content and that your upload and sharing of same does not infringe the rights of any third parties.
You are responsible for all equipment necessary to access the Website, Website Content, Elite Products and Services.
You are prohibited from and will not:
a. Upload, post, email, transmit or otherwise make available any Website Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, discriminatory or otherwise objectionable;
b. Remove or alter any copyright, trademark, brand elements or other proprietary notices;
c. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, Website Content, Elite Products and Services except as expressly permitted by Elite;
d. decompile, reverse engineer or disassemble or otherwise tamper with the security of the Website;
e. use the Website, Website Content, Elite Products and Services in any commercial product or services;
f. link to, incorporate, merge, combine or otherwise include the Website, Website Content, Elite Products and/or Services in any database, compilation or other storage means;
g. attempt to gain unauthorized access to or impair any aspect of the Website, Website Content, Elite Products or Services or their related systems or networks;
h. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
i. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “Pyramid schemes” or any other form of solicitation;
j. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or communications equipment;
k. Harm a user or other individual in any way;
l. Send any confidential, proprietary or sensitive information about you or others via these mediums;
m. Upload, post or otherwise make available any User Content that is false, harmful, threatening, disparaging, abusive, defamatory, libelous, vulgar, obscene, pornographic or that promotes violence, terrorism, illegal acts, racial hatred or is otherwise objectionable, the determination of which shall be made by Elite at its sole discretion;
n. use the Website, Website Content, Elite Products and/or Services in a manner that violates any laws or conduct any activity that would constitute a civil or criminate offence.
You also agree not to use the Website in any manner which could disable, overburden, damage or impair the Website, Elite’s servers or network or otherwise interfere with any other party’s use of the Website.
ACCESS, PRESERVATION AND DISCLOSURE
You agree that Elite may access, preserve and disclose your information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with the legal process; (b) enforce the Terms; (c) respond to claims that any Website Content violates the rights of third parties; (d) respond to requests for customer service; or (e) protect the rights, property or personal safety of the Website, its users and the public.
USE OF COOKIES
Elite uses “cookies” to collect information and track user patterns on its Website. A cookie is a small text file containing a unique identification number that identifies your browser (not you) to our Website each time you visit. Cookies allow Elite to assess which pages of our Website are visited and by how many people. Although Elite may assign a cookie to your computer, unless you specifically advise us, we will not know who you are. Cookie information is a small text file sent from a Web server and placed on your computer’s hard drive. You can choose to set your browser to detect and reject cookies, to accept cookies from all site, or to prompt you whenever a site wants to send you a cookie. If you choose to refuse cookies, you may not be able to access some of the interactive features on our website. Cookies used by Elite do not provide us with access to anything on your hard drive and cannot do anything to your computer. Rather, Cookies are encrypted for security purposes to make any information in the cookie unreadable to anyone except Elite.
THIRD PARTY SERVICES, COLLABORATION WITH THIRD PARTIES AND THIRD PARTY LINKS
Third Party Website Links. The Website may from time to time include links to other websites or resources, including those operated by parties other than Elite. These links are provided for your convenience and their inclusion does not imply Elite’s approval or endorsement of any third party website.
Third Party Services. Further, you understand and agree that management and deliver of the Website, Website Content, Elite Products and Services may include or utilize third party products or services (all collectively the “Third Party Services”). The Third Party Services may include third party providers and data centers and facilities that may be located outside of Canada. This means that information in connection with your use of the Website, Website Content, Elite Products and Services, including your personal information, may be subject to the laws and lawful disclosure requirements of the jurisdictions where such information is transmitted or stored. Elite reserves the right to contract with third-party subcontractors to provide all or part of the Website, Website Content, Elite Products and Services, including cloud service or hosting cloud service or hosting solution providers, on behalf of Elite. Elite may change or replace such subcontractors at any time in its sole discretion.
Sole Risk. Elite does not review or control and is not responsible for any websites linked from or to the Website, the content of those websites, the privacy practices of those websites, the third parties named therein or their products or services. Linking to any other website is at your sole risk and under no circumstances shall Elite be responsible or liable for any damages related directly or indirectly to such linking and/or your use of or reliance on any content, goods or services available on any other site. Other sites may link to this Website only through a plain-text link or provided graphics link. Advance express written consent must be granted by Elite for any other type of link to this Website. To secure Elite’s written consent, you may request permission by sending an email to [email protected]. Elite reserves the right in its sole discretion to at any time rescind any permission granted to link via plain-text link, provided graphics link or another type of link, and to require termination of any such link.
Elite also has no responsibility for or control over the privacy policy (if any) of the operators of the external websites. Your access and viewing of any third party websites is conducted at your own risk. You are strongly advised to check the Terms and Conditions of use and the Privacy Policies of any such linked websites before entering or making use of them.
DISCLAIMER
No Warranty. You acknowledge and agree that the Website, Website Content, Elite Products and Services are provided “AS-IS” and “AS AVAILABLE” basis, without any representations or warranties of any kind or nature whatsoever, express or implied with regard to information accessed to or via the Website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that this Website, the Website Content, Elite Products and Services will be available timely, secure, uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make our Website available are free of viruses or other harmful components. Elite is not responsible for errors or delay in, or the security of information via, transmissions over the internet.
Sole Risk. The use of the Website, Website Content, Elite Products and Services are at your sole risk and you assume full responsibility for any costs associated with your use of same. Elite will not be liable for any damages of any kind related to the use of the Website, Website Content, Elite Products and/or Services.
No Liability. In no event will Elite, or Elite’s affiliates or Elite or Elite’s affiliates respective content or service providers, or Elite or Elite’s affiliates respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, the Website, Website Content, Elite Products and/or Services, event if Elite was advised of the possibility of such damages.
Other Jurisdictions. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions or limitations may not apply to you and our liability will be limited to the maximum extent permitted by law.
USER PUBLIC FORUM – PARTICIPATION POLICY AND TERMS OF USE
Caution Re Forums. The Website may, from time to time, and at the sole discretion of Elite, feature message board, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups, and/or other communication facilities (collectively referred to herein as “Forums”). The purpose of the Forums, are to provide users with the opportunity to share information, post questions and answers and support one another. You further acknowledge that there may be other forums through other resources over which Elite has absolutely no control. By their very nature, forums may carry offensive, harmful, inaccurate or otherwise inappropriate material. Furthermore, postings can be mislabeled or be otherwise deceptive. Elite expects that you shall use caution and common sense when participating in forums. You acknowledge that each Forum description and content, messaging, comment and/or posting as the case may be is provided by and is the responsibility of the third party who created the Forum or the person posting therein. Elite has no responsibility for the content of any Forum or liability as a result of matters related directly or indirectly thereto.
Sole Risk. You acknowledge that any information that you post, upload or message in a Forum, including information that is personal and private, is by design, open to the public, is not private or secure and can be seen, collected and used by third parties in a manner that you cannot control or predict. As such, it is solely your responsibility to determine whether or not to disclose any information in a Forum. You further agree not to post, upload or message any communications or information in a Forum that infringes or violates any rights of any party or is contrary to any applicable law. It is your obligation to confirm that any post, upload or message in a Forum does not constitute a breach of any confidentiality obligations or applicable law.
Grant of Licence. In the event that you post, upload or message in a Forum, you represent and warrant that you are the owner of such post and the information contained therein is not required to be preserved as confidential. To this end, you further grant Elite a royalty-free, perpetual, irrevocable, world-wide nonexclusive unlimited, transferable, fully sublicenseable (through multiple tiers), assignable, fully paid up and license to use, reproduce, modify, publish, edit, translate, distribute, create derivative works of, perform, display, and/or otherwise exploit, the post, upload, sell, offer for sale, import and commercialize User Content or any portion thereof in any manner and context (including but not limited to usage in commercial advertising or promotional materials) now known or in the future discovered, in Elite’s sole discretion, Elite will not be liable for any use or disclosure of any User Content in any way in any and all media now know or hereinafter discovered without limitation and without any compensation or acknowledgement to you or any third party. To the extent permitted by law, you specifically waive any “moral rights” in and to the User Content. If you have any User Content that you would like to keep confidential and/or do not want others to use do not post it to the Website. Elite is not responsible for a User’s use or misappropriation of any User Content you post to the site.
Release of Liability. If Elite does decide in its sole discretion to attribute User Content to you, you hereby grant Elite the right to use your member name with respect to such attribution and hereby completely and irrevocably release and forever discharge us from and waive any claims (including without limitation any privacy or publicity rights claims) with respect to such use of your member name. For clarity, the license grant to Elite does not affect your other ownership or license rights in your User Content, unless otherwise agreed in writing.
You hereby acknowledge and agree that Elite does not control the information, posts, uploads or messages to the Forums, and therefore has no obligation to monitor same. Elite may, at its sole discretion, disclose any information as is necessary to satisfy any applicable law, legal process or legal request, or further, may edit, remove, delete or refuse to post all or part of any post, upload or message in a Forum. In the event that Elite determines that any information, post, upload or message to a Forum does not conform to the Terms or the Website itself, Elite reserves its right to conduct any investigation it determines necessary and determine the appropriate remedy, including but not limited to the removal of the communication. Elite however shall have no liability or responsibility for performance or non-performance of such activities. You hereby agree not to initiate, support , maintain, or authorize any claims, actions or lawsuits against Elite or its directors, officers, affiliates, employees, and/or agents or any other person on the grounds that any use of User Content or any derivative works thereof, infringe any of your rights as creator of the User Content, including without limitation, trademark rights, copyrights, publicity rights, privacy rights and
Terminate/Restrict Access. Elite further may terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. Elite does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any information, post, upload or message to the Forums, nor does Elite endorse any opinions expressed in the Forums.
PURCHASE OF ELITE PRODUCTS AND/OR SERVICES
General Rules. This section is applicable if you place an order for any Elite Product(s) and/or Services or register for an Event described on the Website (each a “Transaction”). Upon submitting an order for an Elite Product(s) and/or Services, you agree to be bound by the exclusive terms set out in the Agreement between you and Elite which governs the sales transaction in addition to the Terms herein (collectively the “Purchase Agreement”). Elite reserves its right to modify the Purchase Agreement terms without prior written notice. An order is not binding upon Elite until Elite accepts same.
Payment. You will be asked to supply certain information applicable to your Transaction, including without limitation, credit card and other information. You understand that any such information will be treated by Elite in the manner described in our Privacy Policy. Prior to accepting same, Elite must receive payment in full. Elite shall provide written confirmation that payment has been received. The Website shall set out the options for payment and you shall select the payment method. If you select payment by credit card, you hereby agree and permit Elite to charge your credit card the total amount of the Elite Product(s) plus any applicable taxes and shipping/handling fees as set out below.
Shipping. Elite shall ship the Elite Product(s) purchased through this Website via the shipping method selected by you on the Website. Shipping charges applicable to the method of shipping shall be imposed and the total cost of the Elite Product(s) plus any applicable taxes and shipping/handling charges shall be set forth on the invoice. Orders require at least 24-72 hours processing time before shipping. Elite does not process orders during weekends and no deliveries shall be made on a Saturday or Sunday. Elite does not guarantee exact delivery times.
Customs/Duty Charges. If shipping outside of Canada, Customs/Duty charges may be applied to your purchase by the Customs Office in your country.
Product Issues. If you have problems or concerns regarding Elite or your purchases, you may contact us by emailing us at [email protected].
Return Policy. Each Elite Product shall specify the Return Policy applicable for the Elite Product. You acknowledge and agree to the Return Policy/Policies applicable for the Elite Product(s) so purchased and that same form part of the Purchase Agreement.
ERRORS AND OMISSIONS
The Website, Website Content, Elite Products and/or Services may contain typographical errors or inaccuracies and may not be complete or current. Elite reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been made for Elite Products). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and Elite reserves the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
NO ADVICE
The Website, Website Content, Elite Products and Services is for informational purposes only and is not intended to provide specific financial, investment, tax, legal, accounting or other advise to you. You should not act or rely upon the Website, Website Content, Elite Products and Services in that regard without seeking the advice of a professional.
LOCAL LAWS/EXPORT CONTROL
Not all products, services and materials as set out in the Website, Website Content, Elite Products and Services are available in all jurisdictions outside of Canada. In addition, the Website and/or Website Content shall not constitute an offer or solicitation to buy or sell any Website Content, Elite Product(s) and/or Services to anyone in any jurisdiction in which such an offer or solicitation is not authorized or cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation. For information specific to any jurisdiction outside of Canada, please contact your financial advisor. You must be aware of the laws of your country or that otherwise apply to you in relation to any matters as set out in the Website, Website Content, Elite Products and Services. If you choose to access the Website, Website Content, Elite Products and/or Seriyou do so on your own risk and initiative and are solely responsible for compliance with any and all applicable laws. You may not use, export or re-export the Website, Website Content, Elite Products and/or Services or adaptation thereof in violation of any applicable laws or regulations, including export laws and regulations of Canada.
LIMITATION OF LIABILITY
Elite and Elite’s directors, officers, employees or agents shall not, under any circumstances including but not limited to negligence, be liable for any direct, indirect, incidental, punitive, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages, or damages resulting from (i) use of, or the inability to use the Website, Website Content, Elite Products and Services; (ii) any unauthorized access to or use of Elite’s servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from this Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party; (v) any action or decision made by you in reliance on the Website, Website Content, Elite Products and Services; (vi) any errors in or omissions from the Website, Website Content, Elite Products and Services; or (vii) any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website. This limitation of liability applies regardless of the legal theory giving rise to the damages, and even if Elite has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Elite and Elite’s Staff shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. In no event shall the total liability to you by Elite, Elite’s Staff or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Website.
INDEMNITY
You agree to defend, indemnify and hold harmless Elite and Elite’s directors, officers, employees and agents from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney's fees and disbursements and other expenses arising from: (i) your use of and access to the Website, Website Content, Elite Products and/or Services; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iii) any claim that you did not have the right to provide the User Content or that same caused damage to a third party; or (iv) any other claim arising directly or indirectly from your use of the Website, Website Content, Elite Products and Services. This defense and indemnification obligation shall survive these Terms and your use of the Website, Website Content, Elite Products and Services.
JURISDICTION AND GOVERNING LAW
This Website is administered by Elite from its offices in Canada. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to the conflicts of laws principals thereof. You hereby agree and confirm that your use of the Website and all of the communications, transmissions and transactions associated with the Website shall be deemed to have occurred in the Province of Ontario, Canada, and that you irrevocably agree that the courts of the Province of Ontario, Canada as the proper and most convenient forum concerning the Website, shall have exclusive jurisdiction to settle any and all disputes arising out of these Terms and you irrevocably submit and attorn to the jurisdiction of the courts of the Province of Ontario, Canada.
ASSIGNMENT AND INVALIDITY
These Terms may be assigned by Elite to any other person in Elite’s discretion. You may not assign these Terms. If any provision of these Terms is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms which shall remain in full force and effect.
WAIVER
No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such provision or any other provision. All waivers by Elite must be in writing.
ENTIRE AGREEMENT
The Terms together with the Privacy Policy are the entire agreement between you and Elite concerning your access to and use of the Website, Website Content, Elite Products and Services, subject to any other agreements entered into by you and Elite concerning the purchase of Elite Products on or through this Website.
The Terms shall continue to be in force, subject to any amendment as provided above, unless and until terminated by Elite which Elite may elect to do in its discretion at any time without notice to you.
This electronic document and all other electronic documents referred to or incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed forms.
CONTACTING US
You can reach customer support by emailing Elite at
Version 2.0
Effective April 3, 2024