CAREFULLY READ AND AGREE TO THE TERMS BELOW BEFORE ORDERING:
ATTENTION: This is a binding legal agreement between you, the person or entity agreeing to the terms contained in this document ("you", "your" or "Customer"), and Elite Test 360 ("Elite Test 360", "our" or "Company"), the owner and administrator of the website located at http://www.elitetest360.com, and any and all of its sub-pages (collectively, the “Website”).
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
B. This Agreement will take effect (or shall re-take effect) at the time you click “I AGREE”, submit information through this Website, respond to a request for information, and/or begin installing, accessing, or using the Website, whichever is earliest. It is suggested that you print this Agreement for your personal records.
C. Elite Test 360 reserves the right to revise, amend, or modify this Agreement and its other policies and agreements related to the Website at any time and in any manner, without prior notice to you. Accordingly, you should periodically check this page for any modifications of these Terms.
D. If you do not agree to be bound by these Terms, you may not enter, access or use the Website, or purchase any products through this Website, and you should exit the Website immediately. By accessing, using or ordering products through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of your state, province or country.
2. LICENSE GRANT AND RESTRICTIONS
Subject to your continued strict compliance with the terms and conditions of this TOU, Elite Test 360 provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, and non-transferable license to use the Website. You may download and print materials and information from the Website solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Website shall be determined by Elite Test 360 in its sole and absolute discretion; (ii) Elite Test 360 has the right to control and direct the means, manner, and method by which the Website is provided; (iii) Elite Test 360 may, from time to time, engage independent contractors, consultants, or subcontractors to aid Elite Test 360 in providing the Website or use thereof; and (iv) Elite Test 360 has the right to provide the Website to others. In addition, you hereby acknowledge and agree that this TOU provides you with only a limited license to access and use the Website. Accordingly, you hereby acknowledge and agree that Elite Test 360 transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else under this TOU. Elite Test 360 hereby reserves any and all intellectual property rights not otherwise expressly granted in this TOU.
3. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Except where prohibited by law, you and Elite Test 360 agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Website, the Services or Materials provided through our Website, any transaction or relationship between us resulting from your use of our Website, communications between us, or the purchase, order, or use of our products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and Elite Test 360 agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You and Elite Test 360 further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, Elite Test 360 will reimburse you for any standard filing fee which may have been required by AAA once you have notified Elite Test 360 in writing and provided a copy of the arbitration proceedings. However, if Elite Test 360 is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Elite Test 360. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Elite Test 360 and may not preside over any kind of representative or class proceeding against Elite Test 360, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST ELITE TEST 360, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
4. ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS.
For current pricing and descriptions of products sold by Elite Test 360, click here. Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of certain products and/or resources, participation in certain events or programs, and/or to specific portions or features of the Website, all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in any event or program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Website, including any areas to enable the on-line purchase of items or for any program, event or service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website. Elite Test 360’s obligations, if any, with respect to its services, events, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such terms, conditions, notices, and agreements.
5. REPRESENTATIONS; DISCLAIMERS
A. It is our intention to provide you with the finest products available, and we believe in the efficacy of every product we sell. You understand, however, that our products have not been evaluated by the Federal Food and Drug Administration (“FDA”), and our products are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary.
B. You agree that you either have consulted, or will consult, with a physician before taking any of our products, and you will cease immediately taking our products if you experience any ill effects or unintended side effects of any product. You understand that the products are not intended for use by any individual under 18 years of age and pregnant or lactating women. People with the following conditions should contact a Doctor before consuming this product. High blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
C. We endeavor to provide you with accurate information about our products. You understand and agree that the information we convey about or products and/or the efficacy of our products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities. We do not warrant or represent that such information is error-free, and we do not represent or endorse any independent third party or the methods that they use to arrive at their conclusions. All product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the products will conform to such specifications or performance data.
D. We do not warrant or represent that our products will provide you with any particular benefits, or that your results will match those of others who consume our products. Individual results will vary from person to person.
E. THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ELITE TEST 360 DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE WEBSITE. MOREOVER, ELITE TEST 360 MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ELITE TEST 360 MAY, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE, MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE.
6. OWNERSHIP; INTELLECTUAL PROPERTY.
A. All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by Elite Test 360 and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this TOU, Elite Test 360 does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of this Website may violate intellectual property or other proprietary rights laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes.
B. The www.elitetest360.com website is Copyright © 2014 Elite Test 360.com and/or its licensors. All rights reserved. Elite Test 360 also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, information, or materials available through this Website and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Elite Test 360 and/or its suppliers.
C. All names, logos, and icons identifying Elite Test 360, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by Elite Test 360, and any use of such marks without the prior express written permission of Elite Test 360 is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
7. YOUR REPRESENTATIONS.
You hereby represent and warrant that:
A. You are age eighteen or older or the legal age of majority in your jurisdiction of primary residence, whichever is greater;
B. You have read this Agreement and understand the terms contained in this Agreement;
C. Any products you purchase from the Website will be used for your personal, non-commercial use;
D. You will not re-sell, re-distribute or export any product that you order from the Website;
E. You will, at all times, provide true, accurate, current, and complete information when submitting information to the Website, including, without limitation, when you provide any information to Elite Test 360 via an email or any registration or submissions form found on the Website. If you provide any false, inaccurate, untrue, or incomplete information, Elite Test 360 reserves the right to, in its sole discretion immediately and without notice, terminate your access to and use of this Website and/or cancel any of your pending product purchases or registrations with Elite Test 360;
F. You will abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Website;
G. You acknowledge and agree that use of the Internet and this Website are solely at your own risk. While Elite Test 360 has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted to/from the Website over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Elite Test 360 is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these issues; and
H. Elite Test 360 may contact you by email, telephone or postal mail for any purpose relating to your use of the Website and purchase of any of its products, including, but not limited to, (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.
Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Website. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Website.
Moreover, without the express prior written authorization of Elite Test 360, you may not:
A. Frame or utilize any framing techniques in connection with the Website or any of the Materials;
B. Use any meta-tags or any other "hidden text" using the Website’s name or marks;
C. Attempt to gain unauthorized access to (a) any portion or feature of the Website, (b) any other systems or networks connected to the Website, (c) any Elite Test 360 server, or (d) to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means;
D. Probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
E. Use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Website;
F. Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein;
G. Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure;
H. Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website;
I. Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Elite Test 360 on or through the Website;
J. Use the Website to harvest or collect e-mail addresses or other contact information; or
K. Use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Elite Test 360.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY ELITE TEST 360 TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
9. POSTINGS AND PERMISSIONS TO USE POSTINGS.
The Website, and/or any social media page controlled by Elite Test 360 that is accessible directly through the Website (each, a “Elite Test 360 Social Media Page”), may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, “Forum”). To the extent the Website and/or any Elite Test 360 Social Media Page contains any such Forum, you hereby acknowledge and agree that when using the Website and/or any Elite Test 360 Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum:
You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or by otherwise using the Website and/or aElite Test 360 Social Media Page to transmit or display a Posting, you automatically grant Elite Test 360 a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub-licensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that you have all necessary rights to make the Posting available to Elite Test 360 and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that Elite Test 360 has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Website and/or aElite Test 360 Social Media Page. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Website and/or aElite Test 360 Social Media Page, Elite Test 360 has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Elite Test 360 assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.
11. ENFORCING SECURITY ON THE WEBSITE.
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Elite Test 360 reserves the unqualified right to view, monitor, and record activity on the Website without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Website is subject to review by law enforcement organizations in the sole and absolute discretion of Elite Test 360. Elite Test 360 will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Elite Test 360 reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Website or any portion thereof.
Elite Test 360 welcomes your feedback and suggestions about how to improve the Website and/or the events, programs, products and/or services of Elite Test 360. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Elite Test 360, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Elite Test 360. In addition, any feedback received through this Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sub-licensable, non-exclusive right and license for Elite Test 360 to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.
13. THIRD PARTY PRODUCTS/SERVICES.
Elite Test 360, in its sole and absolute discretion, may post the advertisements of third parties on this Website and/or feature materials, programs, events, products, and services provided by third parties. Elite Test 360 makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third party materials, products, and services. Your correspondence or any other dealings with third parties found on this Website are solely between you and such third party. Elite Test 360 expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the Website, and you agree that Elite Test 360 shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties’ materials, products, and/or services on this Website.
14. LINKS TO OTHER SITES.
Elite Test 360 may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These other sites have not necessarily been reviewed by Elite Test 360 and may be maintained by third parties over which Elite Test 360 exercises no control. Accordingly, Elite Test 360 expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
15. TERM & TERMINATION.
A. This Agreement will take effect (or shall re-take effect) at the time you click “I AGREE”, submit information through this Website, respond to a request for information, and/or begin installing, accessing, or using the Website, whichever is earliest.
B. This Agreement shall remain in force as long as you access the Website, use any functions or features of the Website, or order anything from the Website.
C. Elite Test 360 reserves the right at any time and without notice to deny you access to the Website or to any portion thereof and to terminate your rights under this Agreement, in its sole and absolute discretion. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession.
D. The provisions concerning permission to use postings, proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this Agreement, and governing law will survive the termination of this Agreement for any reason
16. LIMITATION OF LIABILITY; NO WARRANTIES.
A. In no event shall Elite Test 360 or its affiliates, subsidiaries, parents, assignees, licenses, and their respective officers, directors, employees, subcontractors, be liable for any indirect, special, incidental, exemplary, consequential or punitive damages, under any cause of action whatsoever including but not limited to contract, tort, strict liability, warranty or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, "Claims") arising from or related to this Agreement, the products, or Customer’s use of the Website or any product. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
B. Notwithstanding the foregoing, You agree that Elite Test 360’s entire liability for all Claims related to the use of the Website, Elite Test 360’s Services and Materials, Elite Test 360’s products, and/or any program or event made available through the Website shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money you paid to Elite Test 360 in the one (1) month period immediately preceding the incident on which your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether Elite Test 360 was aware of or advised in advance of the possibility of damages or such Claims.
C. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
You agree to defend, indemnify, and hold harmless Elite Test 360, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your breach of this Agreement.
Any notice required to be given under this Agreement to you may be provided to you by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that you provided to us, and shall be deemed delivered once sent. Notices by customers to Elite Test 360 must be sent in writing to the following address: Elite Test 360, Attention: Legal, 2658 Del Mar Heights Road #368 Del Mar, CA 92014
19. FORCE MAJEURE.
Elite Test 360 shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Elite Test 360’s performance.
* Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Nevada, without regard to its principles of conflicts of law. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in Douglas County, Nevada, and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in Douglas County, Nevada for such purpose. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU or Elite Test 360’s services, materials, events and/or products accessed or purchased through this Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Website is controlled and operated by Elite Test 360 from its offices and facilities within the United States. Elite Test 360 makes no representation that the Website is appropriate or available for use in other locations, and access to the Website from territories or nations where any aspect of the Website is illegal is hereby expressly prohibited. You access the Website solely on your own volition and are responsible for compliance with all applicable local laws.
* Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
* Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
* Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect. Further, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by Elite Test 360 in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
* Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
* No Waiver. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Elite Test 360 of any right or provision under this Agreement shall be deemed a waiver of the same right or provision under this Agreement at any other time.
* Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
* Modifications. Elite Test 360 reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Elite Test 360 does not and will not assume any obligation to provide you with notice of any change to this document. Unless accepted by Elite Test 360 in writing, these terms and conditions may not be amended by you.
21. CONTACT INFORMATION.
If you have questions regarding this Website or if you are interested in obtaining more information concerning Elite Test 360 and its products or services or permission to use any Elite Test 360 content, please contact Elite Test 360 at 1-877-433-2774 or firstname.lastname@example.org.
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