PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER.
2. ACCEPTANCE OF TERMS
The Terms and Additional Terms also apply when you use a downloadable application or other technology to access any features, functionality, content and/or information that is made available or provided on the Website.
3. WEBSITE CONTENT
(a) Content, Agreements and Inconsistencies
Elite may, in its sole discretion, change or withdraw any portion of the Website Content without notice and are, in addition to the Terms and Additional Terms, subject to the terms and conditions of any agreement between you and Elite, if applicable. In the event that the Terms or Additional Terms are inconsistent with the terms of any agreement that you may have with Elite, the terms of that agreement shall govern.
(b) Content and Accuracy
The Website and the Website Content is believed to be reliable when posted. There is no guarantee that it is accurate, complete or current at all times. Without limiting the generality of the foregoing, the Website and/or the Website Content may include technical inaccuracies or typographical errors, and Elite and its officers, directors, employees and agents (“Elite Staff”) have no obligation to update the Website and/or the Website Content. The Website and/or the Website Content may be changed, withdrawn or terminated at any time without notice. Any submission by you of an application, instruction or other request is subject to acceptance by Elite and may be declined by Elite.
The Website may contain links to third party websites that are not owned or controlled by Elite. These links are provided for your convenience and their inclusion does not imply Elite’s approval or endorsement of any third party website. 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 other type of link, and to require termination of any such link.
4. OWNERSHIP OF WEBSITE CONTENT
Elite owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Website and the Website Content, including, without limitation, all written, audio visual, 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. 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.
Unless Elite states otherwise, you may access the Website and the Website Content only for your personal use. This means that you may download any posted materials on the Website on a single computer for personal, noncommercial home use only, provided that you do not change, modify, alter or delete any author attribution, trademark, legend or copyright notice. You further shall not gather, extract, modify, copy, publish, reproduce, delete, display, transmit, adapt, distribute, download, license, reuse, sell, alter or in any other way exploit the Website and/or the Website Content (“Use of Website Content”) without the prior express written consent of Elite. To secure Elite’s written consent, you may request permission by sending an email to [email protected]. However, Elite reserves the right to at any time rescind any such permission for the Use of Website Content at Elite’s sole discretion and, in such event, you shall forthwith cease and desist any such Use of Website Content. Any unauthorized downloading, re-transmission, 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 and/or the Website Contents may be a violation of federal or other law, and could subject the copier to legal action.
5. INFORMATION PROVIDED BY YOU AND PRIVACY
You may be able to post or upload written content or other content (collectively "User Content") in designated areas of the Website. You are solely responsible for your own User Content and the consequences of posting or publishing same. You further 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 may not use the Elite Website for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Website.
You further acknowledge and agree that any unprotected electronic communication over the Internet is not secure or confidential, subject to possible interception or loss, and possible alteration. You should not send any confidential, proprietary or sensitive information about you or others via these mediums. Elite is not responsible for and shall not be liable to you or anyone else for any damages in connection with an email, text message, comment, post or any other electronic message sent by you to Elite and/or this Website or an email, text message, comment post or any other electronic message sent by Elite and/or this Website to you.
You agree not to do any of the following while accessing or otherwise using the Website and/or the Website Content: 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; upload, post or otherwise make available any User Content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; harass, stalk or otherwise abuse another user; upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post User Content that interferes with any third party’s uninterrupted use and enjoyment of the Website; impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website; transmit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services; or otherwise violate any applicable local, provincial, federal or international law, rule or regulation. You may not 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.
While Elite prohibits such conduct and User Content in connection with the Website, you understand that nonetheless you may be exposed to such conduct or User Content and that you use the Website at your own risk. Elite hereby reserves the right to monitor use of this Website to determine compliance with these Terms. Elite does not read, review, vet or otherwise assess User Content in advance of its posting. However, Elite reserves the right to remove any User Content and/or terminate your access to the Website without notice for breach or for any other reason.
6. NO ADVICE
The Website and the Website Content is for informational purposes only and is not intended to provide specific financial, investment, tax, legal, accounting or other advice to you. You should not act or rely upon the Website and/or the Website Content in that regard without seeking the advice of a professional. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law.
Elite makes no endorsement or approval of any third party nor shall any third party’s advice, opinions, information, products or services be expressed or implied by or through any Website Content.
7. LOCAL LAWS/EXPORT CONTROL
Not all products, services and materials as set out in the Website and/or Website Content 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 and/or Elite Product(s) 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. If you choose to access the Website, you 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 and/or the Website Content or adaptation thereof in violation of any applicable laws or regulations, including export laws and regulations of Canada.
8. NO WARRANTIES
YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. The Website and Website Content are provided “as is, where is” and without warranties, representations, guarantees or endorsements of any kind, either express or implied. Elite hereby disclaims all warranties to the maximum extent of the law, express or implied, including but not limited to implied warranties of merchantability, merchantable quality, title, operation, non-infringement, usefulness, accuracy, currency, completeness and fitness for a particular purpose.
Neither Elite nor any of our respective licensors or suppliers represent or warrant that the Website and the Website Content will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
Further, neither Elite nor any of our respective licensors or suppliers make any representations or warranties regarding the use of the Website and/or the Website Content, including but not limited to their usefulness, correctness, accuracy, reliability or otherwise. The Website and/or the Website Content may include technical inaccuracies or typographical errors. Elite may make changes or improvements to the Website and/or the Website Content in its sole discretion at any time. Elite makes no warranties that your use of the Website and/or the Website Content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in the Website and/or Website Content. You hereby have sole responsibility for and assume the entire cost of any necessary servicing, repair or correction to your system.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE YOUR RIGHTS WITH RESPECT TO SUCH CLAIMS AS SET OUT IN THESE TERMS AND THE ADDITIONAL TERMS.
9. LIMITATION OF LIABILITY
Elite and Elite’s Staff 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 and/or the Website Content; (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 and/or the Website Content; (vi) any errors in or omissions from the Website or the Website Content; 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.
You agree to defend, indemnify and hold harmless Elite and Elite’s Staff from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney's fees and other expenses arising from: (i) your use of and access to the Website and/or the Website Content; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide the User Content or that same caused damage to a third party. This defense and indemnification obligation shall survive these Terms and your use of the Website and Website Content.
(a) Public Forum
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 SENCE 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.
(b) Participation in Forum
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.
(c) Grant of License
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 license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, upload or message in any form, format, or forum now known or hereafter developed as determined by Elite in its sole discretion. You further acknowledge and agree that Elite may sublicense or assign its rights as set out herein.
(d) No Requirement to Monitor/Remove – Ability to Act
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 confirm to the Terms and/or Additional 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. Elite further may terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever.
(e) No Endorsement
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.
You affirm that you are at least (18) years of age, or that you possess parental or guardian consent to agree to these Terms and Additional Terms, to access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Additional Terms, and to abide by and comply with same.
The Website is administered by Elite from its offices in Ontario, Canada. The Website, the Website Content, these Terms and the Additional Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any conflict of laws provisions, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Website, the Website Content, the Terms and/or the Additional Terms or any matters related directly or indirectly thereto shall be submitted to and be subject to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada and you do hereby submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario in respect of all such matters.
You may not assign these Terms and/or Additional Terms or assign any rights or delegate any obligations under these Terms and/or Additional Terms, in whole or in part, whether voluntarily or by operation of law, without Elite’s prior written consent.
The failure of either you or Elite to require performance by the other party of any provision of these Terms and/or the Additional Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either you or Elite of a breach of any provision of these Terms and/or the Additional Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
13. CONTACTING US
14. ELITE PRODUCTS
This section is applicable if you place an order for any Elite Product(s). Upon submitting an order for an Elite Product(s), you agree to be bound by the exclusive terms set out below governing the sales transaction between you and Elite, in addition to the Terms and Additional Terms set out above (collectively the “Purchase Agreement”). You may not alter or supplement the Purchase Agreement and any attempt to do so by you shall render the Purchase Agreement null and void. Elite reserves its right to modify the Purchase Agreement terms without prior written notice. Please review the Purchase Agreement terms each time you place an order for any Elite Product(s).
An order is not binding upon Elite until Elite accepts same. 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.
(b) Shipping Methods
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.
(c) Customs/Duty Charges
If shipping outside of Canada, Customs/Duty charges may be applied to your purchase by the Customs Office in your country.
(d) Elite Products
Elite strives to provide accurate descriptions on the Website of all Elite Products, including item descriptions, photographs, specifications, pricing, links, etc. Elite cannot guarantee that all such descriptions are completely accurate or current. Elite does not assume any liability or responsibility for such errors. Elite shall, at its sole discretion, have the right to refuse and/or cancel an order for an Elite Product(s) and immediately amend and correct the inaccurate information. Title to the Elite Products shall remain with Elite and you agree that in purchasing the Elite Product(s), you do not acquire any title or other proprietary rights to the Elite Product(s) so purchased.
(e) Product Issues
If you have problems or concerns regarding Elite or your purchases, you may contact us by emailing us at [email protected].
All Elite Products are sold “as is, where is” and without warranties, representations, guarantees or endorsements of any kind, either express or implied. Elite hereby disclaims all warranties to the maximum extent of the law, express or implied, including but not limited to implied warranties of merchantability, merchantable quality, title, operation, non-infringement, usefulness, accuracy, currency, completeness and fitness for a particular purpose. The entire risk as to the quality and performance of the Elite Products is with you, the Purchaser. If any of the Elite Products proves defective, does not function or functions improperly in any way following their purchase, you, as the Purchaser and not Elite assumes all liability and costs of all necessary servicing and/or repair.
(g) Limitation of Liability
Elite and Elite’s Staff 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 directly or indirectly from your use of and/or implementation of the Elite Products. In all circumstances, Elite’s maximum liability is limited to the purchase price of the Elite Product(s). Elite shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the Elite Product(s) it sells which exceeds this liability limit. Furthermore, Elite shall not be liable for third party claims for damages against you, the Purchaser, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages. The limitation of liability set out herein applies regardless of the legal theory giving rise to the damages, and even if Elite has been advised of the possibility of such damages.
(h) Agreement Regarding Confidentiality
You acknowledge and agree that the Elite Products are confidential and the proprietary property of Elite. You therefore acknowledge and agree to protect the confidentiality of the Elite Products so purchased. As a further condition to the purchase and receipt of the Elite Product(s), you shall not, nor allow others, to directly or indirectly use, gather, extract, modify, copy, publish, reproduce, delete, display, transmit, adapt, distribute, download, license, reuse, sell, teach to others, show, alter or in any other way exploit the Elite Product(s) without the prior express written consent of Elite.
You do hereby acknowledge and agree that the use of the Elite Product(s) shall be limited to your own personal use. In the event that you disagree with any of the Purchase Agreement terms, you shall immediately discontinue the use of the Elite Product(s).
You represent and warrant that you are at least 18 years old. In the event that you are under 18 years old, you shall immediately discontinue utilizing the Elite Product(s).
(j) 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.
Effective March 18, 2017