TERMS AND CONDITIONS
Elite Influential ("Elite”) operates the eliteinfluential.com website. ELITE is sometimes hereinafter referred to as "we" or "us."
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE. This is a legal agreement between ELITE and you, the individual or entity using or accessing the Service. BY USING OR ACESSING THE SERVICE, OR CLICKING "ACCEPT" OR "I AGREE BELOW," YOU ARE CONFIRMING YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE. YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SERVICE.
1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Service are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Service at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Service. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2. Product Orders. All orders placed through the Service are subject to ELITE's acceptance, which is in its sole and absolute discretion. Without limitation, this means that ELITE may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole and absolute discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, ELITE shall issue a credit to your credit card account.
3. Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Service. All purchases from the Service are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Service pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. In some cases, shipping insurance may be available from the carrier, and we encourage our customers to purchase such shipping insurance when available.
4. Accuracy of Information. We attempt to ensure that information on the Service is complete, accurate and current. Despite our efforts, the information on the Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Service. For example, products included on the Service may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Service. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
5. Use of the Service. The Service design and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Service are either the property of, or used with permission by, ELITE and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on the Service in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. No portion or element of the Service or its content may be copied or retransmitted via any means. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
6. Copyrights. The copyright in all content is and remains owned by ELITE. Except as may be otherwise indicated in specific documents within the Service, you are authorized to view, play, print and download documents, audio and video found on the Service for personal, informational, and non-commercial purposes only. You may not modify any of the information and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content. Except as authorized under the law relating to copyright, you may not reuse any content without first obtaining the written consent of ELITE. For purposes of these terms, the use of any such material on any other Service or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Service. In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Service, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (the "Software") are licensed to you by ELITE. ELITE does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but ELITE retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
HDSI respects the intellectual property of others. It is ELITE's policy to respond to claims of copyright and other intellectual property infringement. ELITE will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, ELITE may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ELITE will terminate access for Users who are repeat infringers.
7. Trademarks. Certain trademarks, trade names, ELITE marks and logos used or displayed on the Service are registered and unregistered trademarks, trade names and service marks of ELITE and/or our affiliates or Licensors. Other trademarks, trade names and service marks used or displayed on the Service are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Service grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Service without our written permission or the written permission of such third party owner. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify ELITE trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without ELITE's prior written consent. The use of ELITE trademarks on any other Service or network computer environment, for example the storage or reproduction of (a part of) the Service in any external internet site or the creation of links, hypertext, links or deep links between the Service and any other internet site, is prohibited without the express written consent of ELITE.
8. Linking to the Service. Creating or maintaining any link from another website to any page on the Service without our prior written permission is prohibited. Running or displaying the Service or any material displayed on the Service in frames or through similar means on another Service without our prior written permission is prohibited. Any permitted links to the Service must comply will all applicable laws, rules, and regulations.
10. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, infringing, false, misleading, inflammatory, invasive of privacy, abusive, discriminating, illegal, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, violate the rights of any party or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Service of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
11.2 We do not guarantee the accuracy, integrity or quality of User Communications, and cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Communications will not appear on the Service. You acknowledge that by providing you with the ability to access and view User Communications on the Service, ELITE is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Communications or activities of users on the Service. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Communications are not necessarily those of ELITE or its affiliated or related entities or content providers. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. ELITE does not, and you agree that ELITE has no obligation to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications.
11.3 Notwithstanding the foregoing, you acknowledge and agree that ELITE has the absolute right to monitor User Communications posted to the Service in its sole discretion. In addition, ELITE reserves the right to alter, edit, refuse to post or remove any such User Communications, in whole or in part, for any reason or for no reason, and to disclose such User Communications and the circumstances surrounding their transmission to any third party.
11.4 You agree that you shall immediately notify ELITE in writing of any objectionable content appearing on the Service. ELITE will make good-faith efforts to investigate allegations that any User Communications violate these Terms and Conditions but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Communications, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Communications whatsoever.
11.5 Any use of any content on the Service, including, without limitation, User Communications will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT ELITE IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, OR ANY DAMAGE THAT MAY OCCUR TO YOUR USE OF THE SERVICE.
12. General Use of the Service—Permissions and Restrictions
ELITE hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A. You are at least 13 years old.
B. YOU SHALL NOT USE THE SERVICE, INCLUDING ANY SOFTWARE APPLICATIONS, SUCH AS THE ELITEINFLUENTIAL.COM WEBSITE, AND ELITE APPS, WHILE OPERATING A VEHICLE OR PERFORMING ANY OTHER HAZARDOUS ACTIVITY.
C. You agree not to distribute in any medium any part of the Service or the content without ELITE's prior written authorization, unless ELITE makes available the means for such distribution through functionality offered by the Service.
D. You agree not to alter or modify any part of the Service.
E. You agree not to access content through any technology or means other than the video playback pages of the Service itself, or other explicitly authorized means ELITE may designate.
F. You agree not to use the Service for any of the following commercial uses unless you obtain ELITE's prior written approval:
• the sale of access to the Service;
• the sale of advertising, sponsorships, or promotions placed on or within the Service or content; or
• the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Service, unless other material not obtained from ELITE appears on the same page and is of sufficient value to be the basis for such sales.
G. Prohibited commercial uses do not include:
• uploading an original video to the Service, or maintaining an original channel on the Service, to promote your business or artistic enterprise;
• showing ELITE videos through an embeddable player on an ad-enabled blog or website;
• any use that ELITE expressly authorizes in writing.
H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the ELITE servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ELITE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ELITE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their content.
I. In your use of the Service, you will comply with all applicable laws.
J. ELITE reserves the right to discontinue any aspect of the Service at any time.
13. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content.
A. The content on the Service, and the trademarks, ELITE marks and logos ("Marks") on the Service are owned by or licensed to ELITE, subject to copyright and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any content unless you see a “download” or similar link displayed by ELITE on the Service for that content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of ELITE or the respective licensors of the content. ELITE and its licensors reserve all rights not expressly granted in and to the Service and the content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
D. You understand that when using the Service, you will be exposed to content from a variety of sources, and that ELITE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ELITE with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ELITE, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
14. Your Content and Conduct
A. As an ELITE account holder you may submit content to the Service, including videos, images, and user comments. You understand that ELITE does not guarantee any confidentiality with respect to any content you submit.
B. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to ELITE all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these Terms of Service.
C. For clarity, you retain all of your ownership rights in your content. However, by submitting content to ELITE, you hereby grant ELITE a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service and ELITE's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your content through the Service, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that ELITE may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
D. You further agree that content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ELITE all of the license rights granted herein.
E. ELITE does not endorse any content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ELITE expressly disclaims any and all liability in connection with content. ELITE does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and ELITE will remove all content if properly notified that such content infringes on another's intellectual property rights. ELITE reserves the right to remove content without prior notice.
15. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the Content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles County, California, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, ELITE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ELITE's sole discretion.
16.1 YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SERVICE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICESS ON OR THROUGH THE SERVICE. NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND SERVICESS ON OR THROUGH THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICESS. NEITHER WE NOR ANY OF OUR AFFILIATES REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THE INFORMATION ON THE SERVICE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE. WE RESERVE THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SERVICE AT ANY TIME WITHOUT NOTICE AND WITHOUT INCURRING ANY LIABILITY.
16.2 ALL PRODUCTS AND SERVICESS PURCHASED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICESS LISTED OR PURCHASED ON OR THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
16.3 WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, USING THE SERVICE WHILE OPERATING VEHICLES, HEAVY EQUIPMENT, OR OTHER HAZARDOUS ACTIVITIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ELITE OR ITS AFFILIATES FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
17. Limitations of Liability.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Service or your downloading of any materials from the Service.
17.1 IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, THE RESULTS OF USE OF THE SERVICE, THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SERVICE, ANY WEBSITES LINKED TO THE SERVICE, OR THE MATERIALS, INFORMATION OR SERVICESS CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
17.2 IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICESS THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES.
17.3 YOU AGREE NOT TO POST USER CONTENT THAT: (i) MAY CREATE A RISK OF HARM, LOSS, PHYSICAL OR MENTAL INJURY, EMOTIONAL DISTRESS, DEATH, DISABILITY, DISFIGUREMENT, OR PHYSICAL OR MENTAL ILLNESS TO YOU OR ANY OTHER PERSON; (ii) MAY CREATE A RISK OF ANY OTHER LOSS OR DAMAGE TO ANY PERSON OR PROPERTY; (iii) MAY CONSTITUTE OR CONTRIBUTE TO A CRIME OR TORT; (iv) CONTAINS ANY INFORMATION OR CONTENT THAT IS UNLAWFUL, HARMFUL, ABUSIVE, RACIALLY OR ETHNICALLY OFFENSIVE, DEFAMATORY, INFRINGING, INVASIVE OF PERSONAL PRIVACY OR PUBLICITY RIGHTS, HARASSING, HUMILIATING TO OTHER PEOPLE (PUBLICLY OR OTHERWISE), LIBELOUS, THREATENING, OR OTHERWISE OBJECTIONABLE; (v) CONTAINS ANY INFORMATION OR CONTENT THAT IS ILLEGAL; (vi) CONTAINS ANY INFORMATION OR CONTENT THAT YOU DO NOT HAVE A RIGHT TO MAKE AVAILABLE UNDER ANY LAW OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIPS; OR (vii) CONTAINS ANY INFORMATION OR CONTENT THAT YOU KNOW IS NOT CORRECT AND CURRENT. YOU AGREE THAT ANY USER CONTENT THAT YOU POST DOES NOT AND WILL NOT VIOLATE THIRD-PARTY RIGHTS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY AND PRIVACY.
17.4 ELITE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USERS OR THIRD PARTIES POST OR SEND OVER THE NETWORK. YOU UNDERSTAND AND AGREE THAT ANY LOSS OR DAMAGE OF ANY KIND THAT OCCURS AS A RESULT OF THE USE OF ANY USER CONTENT THAT YOU SEND, UPLOAD, DOWNLOAD, STREAM, POST, TRANSMIT, DISPLAY, OR OTHERWISE MAKE AVAILABLE OR ACCESS THROUGH YOUR USE OF THE NETWORK, IS SOLELY YOUR RESPONSIBILITY. ELITE IS NOT RESPONSIBLE FOR ANY PUBLIC DISPLAY OR MISUSE OF YOUR USER CONTENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE THAT ELITE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF SUCH USER CONTENT.
18. Indemnification. You agree to indemnify, defend, and hold harmless ELITE, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees and paraprofessional fees, arising from or relating in any way to your use of the Service.
20. Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Service. You agree to review the these Terms and Conditions periodically to be aware of such modifications and that your continued use of the Service shall be deemed to be your conclusive acceptance of any modified Terms and Conditions.
21. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that you will not assert any objection to the court's personal jurisdiction over you, or to the convenience of the forum. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Service (including but not limited to the purchase of ELITE products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Miami-Dade County, FL, USA. Any cause of action or claim you may have with respect to the Service (including but not limited to the purchase of ELITE products) must be commenced within one (1) year after the claim or cause of action arises. By using the Service, you agree to receive electronic communications from ELITE. You agree that any notice, agreement, disclosure or other communication that ELITE sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. ELITE's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. ELITE may assign its rights and duties under this Agreement to any party at any time without notice to you.
22. Termination. We may suspend or terminate your account or your use of the Service at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Service at any time without notice.
23. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our customer service department at 954-400-4930.
Last Revised: June 11, 2018