This website – and any other websites owned or controlled by it (hereafter the “Website”) – is provided by Elite Anywhere and its subsidiaries and affiliates. The use of the Website and its services are subject to the following Terms of Service Agreement (“ToS”).
These ToS are entered into between you and Elite Anywhere and govern your use of the Website. By using the Website, you acknowledge and agree to these ToS. Please read these ToS carefully. If you do not accept and agree to be bound by these ToS, then please discontinue use of the Website.
Elite Anywhere reserves the right to unilaterally update the ToS at any time without notice. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these ToS regularly.
Elite Anywhere may amend or discontinue the Website at any time in its sole discretion. Elite Anywhere may also withdraw, suspend, or restrict your access to all or parts of the Website at any time in its sole discretion, with or without notice. Elite Anywhere shall not be liable if, for any reason, the Website is discontinued or amended or your access to the Website is withdrawn, suspended, or restricted.
The Website is intended solely for users who are 16 years of age or older. It is a violation of these ToS for anyone under 16 years of age to use the Website. By using the Website, you represent and warrant to Elite Anywhere that you are 16 years of age or older.
Elite Anywhere provides you with access to a variety of resources (the “Services”) including general information, message and/or communication facilities, downloads, calendars, etc. The Services may include a Members Only section that can be accessed only by Elite Anywhere staff and registered user members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these ToS.
The Services may include a Members Only section that can be accessed only by Elite Anywhere staff and registered user members. If you choose or are provided with a username, password, or other log-in information in connection with your use of the Member only section of the Website, then you must treat such information as confidential and not disclose it to any other person or entity. You will be responsible for maintaining the confidentiality of your log-in information and for any and all actions taken using such information.
If your access to the Members only section of the Website includes access for more than one user or allows you to create/register sub-users with access to all or part of your Members only account, you must designate an administrator for your account. This account administrator will be solely responsible for registering additional users or sub-users for your account and interact with Elite Anywhere in this respect.
You will be solely responsible for the use of your Members only account by all your registered users and sub-users and for the level of access rights of these users, additional users or sub-users to your account. Elite Anywhere shall not be liable or responsible for any unintended use or access to your account by additional users or sub-users or errors in access rights levels or permission settings of additional users or sub-users on your account. You will always be responsible for compliance of your registered users and sub-users with these ToS as well as for the security of their login credentials.
You must notify Elite Anywhere immediately of any unauthorized use of your (or your users/sub-users) log-in information. Such notifications must be sent to Elite Anywhere Support at info@eliteanywhere.
All material included on the Website, including but not limited to text, documents, white papers, graphics, images, photographs, videos, audio clips, digital downloads, data compilation, logos, software, forums, polls, etc. (the “Content”) is the property of Elite Anywhere and/or third party licensors and is protected by US and international copyrights laws. Modification or use of the Content except as provided in these ToS violates Elite Anywhere or its licensor’s intellectual property.
The use of the Content is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services without the prior written consent of Elite Anywhere or its licensors, except that you may:
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by other rules, regulations or these ToS, such as;
The Website may contain message boards, forums, calendars and/or other interactive features, which allow users of the Website to post, publish, add or transmit content or materials on or through the Website, including its Members only section (collectively, “User Contributions”).
All User Contributions must comply with the Content Standards set forth below and will be considered non-confidential and non-proprietary. By providing User Contributions, you grant to Elite Anywhere and its successors and assigns, a non-exclusive, world-wide, royalty-free, sub-licensable license to use, copy, reproduce, distribute, modify, display, perform, republish, download, store, and transmit to third parties such User Contributions for any lawful purpose. By providing User Contributions, you also represent and warrant to Elite Anywhere that: (i) you own or control all rights in and to such User Contributions and have the right to grant the foregoing license; and (ii) all such User Contributions comply with these ToS.
You are responsible for User Contributions that you provide, including the legality, reliability, accuracy, and appropriateness of any such User Contributions. Elite Anywhere do not endorse and is not responsible or liable to any third party for the content of any User Contributions. Elite Anywhere cannot review all User Contributions before they are posted on the Website. Therefore, Elite Anywhere assumes no responsibility for any action or inaction regarding User Contributions.
“Content Standards”: User Contributions must comply with these ToS and all applicable laws, rules, and regulations. Without limiting the foregoing, User Contributions may not:
Monitoring and enforcement: Elite Anywhere may, at any time, in its sole discretion and without notice:
You may link to the Website provided that you comply with all the following conditions:
Links to other websites in the Website do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by Elite Anywhere as a convenience to its users. Elite Anywhere is not responsible for the materials contained on any website linked to this site.
The Content is provided for general information purposes only. Elite Anywhere does not represent or warrant the accuracy, completeness, or usefulness of the Content. Any reliance you place on the Content is strictly at your own risk. Elite Anywhere disclaims all liability arising from any reliance placed on the Content by you or anyone who may be informed of the Content.
The Website may contain Content provided by third parties. All statements provided in such third-party Content are solely the statements of the party providing them. Such statements do not necessarily reflect the opinion or position of Elite Anywhere.
The Website is provided by Elite Anywhere on an “as is” and “as available” basis.
Elite Anywhere makes no warranties or representations of any kind that the Services or the Content in the Website will be uninterrupted, error-free, or that the Website or the server that hosts the Website are free from viruses or other forms of harmful computer code. You are responsible for implementing sufficient procedures and appropriate administrative, technical, and physical security controls to satisfy your particular requirements for virus, data, and privacy protection. You are also responsible for maintaining means, other than the Website, to retrieve or reconstruct lost data. Elite Anywhere shall not be liable for any loss or damage caused by a virus, DoS attack, or other technologically harmful material that may infect your computer, device, programs, software, or data due to your use of the Website or any website linked to the Website. Your use of the Website and the Content is at your own risk.
All Content is provided “as is,” and Elite Anywhere makes no representations or warranties of any kind, express or implied, related to the Website or the Content, including but not limited to the implied warranty on merchantability, fitness for a particular purpose, title, or non-infringement. Elite Anywhere does not warrant that the Content is, accurate, reliable, up-to-date, or correct, nor that the Website will be available at any particular time.
Neither Elite Anywhere, nor any of its affiliates, shareholders, directors, officers, employees, agents, successors, assigns, licensors, insurers, or service providers shall be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Website, the Content, or any website linked to the Website. Elite Anywhere hereby disclaims all direct, indirect, special, incidental, consequential, and punitive damages, including, without limitation, loss of use, loss of goodwill, or loss of data, caused by your use or inability to use the Website, the Content, or any website liked to the Website, even if such damages were foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Your acceptance of this limitation of liability is an essential term of this agreement and you acknowledge that Elite Anywhere would not grant access to the Website or the Content without your agreement to this term.
For goods or services purchased directly from Elite Anywhere through the Website or otherwise, Elite Anywhere’s liability is expressly limited by its standard conditions of business which vary according to jurisdiction, customer, and service type. Please enquire with your local office to discover which contract terms apply to you.
You shall indemnify, defend, and hold Elite Anywhere, its affiliates, shareholders, directors, officers, employees, agents, successors, assigns, licensors, insurers, and service providers, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your violation of these ToS, including, without limitation, your User Contributions or use of the Content.
These ToS are governed by the laws of United States. Any conflict, controversy, or dispute regarding the Website, the Contents, or these ToS must be resolved in accordance with such laws and exclusively in a court of competent jurisdiction located in Indio, California, USA. You hereby consent, irrevocably and unconditionally, to the jurisdiction and venue of such courts.
If any provision of these ToS is deemed by a court of competent jurisdiction to be invalid or unenforceable, then it will be severed from these ToS and the legality, validity, and enforceability of the remaining provisions will not be affected thereby. Any delay or failure to enforce any provision of these ToS will not constitute a waiver thereof or of any other provision.
These ToS constitute the entire agreement between you and Elite Anywhere regarding the Website and the Content and supersedes all prior agreements and understandings, whether oral or written, with respect thereto.