Terms of Service

Acceptance of Terms

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.

Access to the Website

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shall not be liable if, for any reason, the Website is discontinued or amended or your access to the Website is withdrawn, suspended, or restricted.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.

Personal Data

You may be asked to provide certain Personal Data to access the Website or some parts of it, or if you send us an inquiry or wish to subscribe to our newsletter or receive promotional or marketing material. Any Personal Data that you provide must be correct, current, and complete. You acknowledge and agree that any Personal Data that you provide to Elite Anywhere may be collected, stored, and processed in accordance with the terms of our Privacy Policy. For more information, please read the following Privacy Policy.

Description of the Services

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.

Account Security

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.com.

Use of Content

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:

1. Temporarily store copies of the Website and the Contents on your computer and other electronic devices in RAM incidental to your use of the Website and the Contents;
2. Store files that are automatically cached by your internet browser to enhance the display of the Website and the Contents;
3. Download, print, and use pages from the Website and the Content for your own personal, informational, and non-commercial use and not for further reproduction, publication, or distribution; If you make copies of the Website or the Content, then you may not subsequently modify that copy or delete or alter any copyright, trademark, or other proprietary rights from that copy. If you use, copy, or modify the Website or the Content in breach of these ToS, then: (i) your right to use the Website and the Content will cease immediately; (ii) you must, at Elite Anywhere option, return or destroy any copies of the Website or the Content that you have made; and (iii) you may be subject to civil and criminal penalties. If you wish to use the Website or the Content other than as outlined in this Section, don't hesitate to get in touch with Elite Anywhere at info@eliteanywhere.com.
4. You may download applications from the Website to your computer and other electronic devices for your own personal use, provided you accept and agree to be bound by the applicable end-use license agreements; and
5. You may enable your computer and other electronic devices to interact with social media features provided on the Website.

Unlawful or Prohibited Use

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;

1. Engage in any activities through or in connection with the Website that seek to attempt to harm minors or are unlawful, offensive, obscene, pornographic, threatening, harassing, abusive or that violate any rights of third parties;
2. Use the Services in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party's use and enjoyment of the Website, the Content, or the Services, such as using any robot, "bot," spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind to monitor, gather or copy the Website or the Content;
3. Attempt to gain unauthorized access to any Services, Content, other accounts, computer systems, or networks connected to any Elite Anywhere server or any of the Services, through hacking, password mining, or any other means;
4. Attempt to circumvent the security systems of the Website;
5. Engage in activities that interfere with other user access to the Website or the proper operation of the Website;
6. Impersonate or attempt to impersonate Elite Anywhere, an Elite Anywhere employee or any other person or entity;
7. Introduce any malicious software, including viruses, trojan horses, worms, or logic bombs to Elite Anywhere, the Website, or any database or computer connected to the Website;
8. Attack the Website with a direct or distributed denial-of-service (DoS) attack; and
9. Attempt to use the Website for any purposes other than those intended by Elite Anywhere, as determined by Elite Anywhere at its sole discretion, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

User Contributions

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:

1. Contain any material that is defamatory, obscene, pornographic, indecent, profane, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
2. Promote violence, harassment, or discrimination based on any grounds, including, without limitation, sex, race, gender, ethnic or social origin, religion or belief, political or any other opinion, age, or sexual orientation;
3. Infringe any patent, trademark, copyright, or other intellectual property right;
4. Promote any illegal activity;
5. Involve contests, sweepstakes, or other marketing or promotions; or
6. Give the impression that they emanate from or are endorsed by Elite Anywhere.

Monitoring and enforcement: Elite Anywhere may, at any time, in its sole discretion and without notice:

1. Remove or refuse to post or accept any User Contributions;
2. Take any action with respect to any User Contributions that Elite Anywhere deems necessary or appropriate, including, without limitation, referral to law enforcement authorities; and
3. Disclose your identity and certain Personal Data to any: (i) third party who claims that your User Contributions violate their legal rights; (ii) law enforcement authority that requests such information in connection with your User Contributions; or (iii) third party pursuant to a court order.

Linking

You may link to the Website provided that you comply with all the following conditions:

1. It complies with these ToS;
2. It does not interfere with, damage or disrupt the Website or the Content;
3. It does not portray Elite Anywhere or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner; and
4. It does not suggest any association with, approval of, or endorsement by Elite Anywhere without our prior written consent.

External Links

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.

Reliance on the Content

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.

Disclaimer

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.

Limitation of Liability

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.

Indemnification

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.

Governing Law, Jurisdiction, and Venue

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.

Waiver and Severability

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.

Entire Agreement

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.