Elite Legacy Education Affiliate Terms of Service
Your use of this web site (and any related ELE applications and software) (the "Service"), which is owned by Elite Legacy Education, Inc. ("ELE") (inclusive of any and all affiliated entities and any entities owned or controlled, in whole or in part, by ELE), is subject to the below terms (the "Terms").
BY USING THE ELE WEB SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE AND ANY RELATED WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, THEN DO NOT CLICK THE CONTINUE BUTTON.
You may not use the Service and may not accept the Terms if (i) you are not of legal age to form a binding contract with ELE and do not have verifiable permission from a parent or legal guardian, or (ii) you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.
You acknowledge and agree that ELE may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at any time in ELE's sole discretion, without prior notice to you.
You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to ELE will always be accurate, correct and up to date.
You agree to use the Service only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
You acknowledge that ELE is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which ELE provides may change from time to time without prior notice to you.
As part of ELE's continuing innovation, you acknowledge and agree that ELE may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at ELE's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform ELE when you stop using the Service.
You acknowledge and agree that if ELE disables access to your account, you may be prevented from accessing the Service, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while ELE may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of the Service, such fixed upper limits may be set by ELE at any time, at ELE's discretion and ELE may apply limits to you that are different than other users and ELE reserves the right to terminate the Service at any time in its sole discretion for exceeding the limits that apply to you.
Unless you have been specifically permitted to do so in a separate agreement with ELE, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose. Furthermore, you may not copy, download, distribute, or make any other unauthorized use of the Service including its source code.
You agree that you are solely responsible for (and that ELE has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ELE may suffer) of any such breach.
You acknowledge and agree that ELE (or ELE's licensees, designees, or assignees) own all legal right, title and interest in and to the Service, including without limitation any intellectual property rights that subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by ELE and that you shall not disclose such information without ELE's prior written consent.
Unless you have agreed otherwise in writing with ELE, nothing in the Terms gives you a right to use any of ELE's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of ELE or any third party, except for the right of use license expressly set forth herein.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
YOU MAY NOT DOWNLOAD OR OBTAIN ANY MATERIAL ON OR THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE AND LIABLE, AND SHALL DEFEND AND INDEMNIFY ELE WITH RESPECT THERETO, FOR ANY DAMAGE TO YOUR COMPUTER, A THIRD PARTY COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR PROHIBITED USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
ELE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELE, ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE, WITHOUT LIMITATION, LIABLE TO YOU FOR: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS; (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY CHANGES WHICH ELE MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE; (iv) YOUR FAILURE TO PROVIDE ELE WITH ACCURATE INFORMATION; (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
The Terms constitute the whole legal agreement between you and ELE and govern your use of the Service and completely replace any prior agreements between you and ELE in relation to the Service.
You agree that if ELE does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ELE has the benefit of under any applicable law), this will not be taken to be a formal waiver of ELE's rights and that those rights or remedies will still be available to ELE.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms shall be deem to have been made and entered into in the State of Florida and construed under the laws of Florida. The parties agree that any and all Disputes (as defined below) shall be resolved exclusively and finally by binding arbitration under the Federal Arbitration Act and that this arbitration agreement is made in connection with a transaction involving interstate commerce. Any arbitration is to be administered by JAMS and such arbitration shall be conducted under JAMS rules, except as otherwise provided below. If JAMS ceases operations, refuses to arbitrate any Dispute, or is in any way otherwise unavailable, the parties agree that any and all Disputes shall still be resolved exclusively and finally by binding arbitration administered by another binding arbitration forum. All determinations as to the scope, enforceability, and effect of this paragraph shall be decided by the arbitrator and not by a court. The arbitration shall be held by submission of documents, by telephone, or online, or at your election in person at a location in Lee County, Florida. The arbitration will be conducted before a single neutral arbitrator selected with input from both you and us, and will be limited solely to the Dispute between you and us. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitrator's decision shall be in writing and shall set forth the essential findings and conclusions upon which the decision is based. Any decision rendered in such arbitration proceedings shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. To the extent permitted by applicable law and JAMS rules, no party shall be entitled to recover for any indirect and/or consequential damages, including any incidental expenses associated with arbitrating a Dispute hereunder. The arbitrator shall have no authority or power to modify or alter any term or condition of the Agreement or the Terms or to render any award that by its terms has the effect of altering or modifying any express term or condition of the Agreement or the Terms.
The parties further agree that all proceedings and documents prepared in connection with any Dispute shall be confidential, and unless otherwise required by law or legal process, the subject matter of the same shall not be disclosed to any person other than the parties to the proceedings, their counsel, witnesses and experts, and the arbitrator. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PARAGRAPH, YOU WOULD HAVE HAD A RIGHT TO LITIGAE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS BEFORE A JURY AND ON A CLASS-WIDE OR CLASS ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING ABRITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH. For the purposes of this paragraph, the term "Dispute" means any dispute, controversy or claim arising out of or relating to (i) the Terms, their interpretation, or the breach, termination, applicability or validity thereof, (ii) accessing or the use of the Service and any related order for, purchase, delivery, receipt or use of any products or service from us, or (iii) any other dispute arising out of or relating to the relationship between you and us. The terms "Company," "we," "us," or "ours" as used in the paragraph shall include our parent entity, subsidiaries, affiliates, offices, directors, shareholders, members, employees, agents, licensors, licensees, contractors, successors and assigns. Information concerning arbitration rules, process and procedures, including fees and deposit information, may be obtained from JAMS on one at www.jamsadr.com.
You agree to indemnify, defend and hold ELE and its officers, directors, owners, and agents harmless from and against any and all claims; liability, losses, costs and expenses (including attorneys' fees) incurred by any of them in connection with any use or alleged use of the Service by you or anyone in privity with you.