TERMS AND CONDITIONS OF WEBSITE USE
PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE OR DOWNLOAD MATERIALS FROM THIS SITE, AND YOU SHOULD EXIT THIS SITE IMMEDIATELY.
The Site and its Use.
- This website (the "Site") is owned and provided by Elite Sportswear, L.P. ("Elite") from its office in Reading, Pennsylvania, USA as a service to Elite's customers and prospective customers and Elite's authorized Distributors ("Distributors"). Please feel free to browse this Site; however, your access and use of this Site is subject to these Terms and all applicable laws.
- This Site may be accessed and used only by users who are legally recognized as able to enter into valid and enforceable contracts. Users of this Site (referred to as "you") must comply with all applicable laws. This site may not be used in jurisdictions where access to this Site, or by users visiting this Site, may be illegal or otherwise prohibited. If you breach any of these Terms, your authorization to use this Site automatically terminates and you are no longer permitted to use it. Additionally, you must destroy immediately all downloaded or printed Materials (as defined below) taken from this Site.
- Elite makes no warranty that this Site is compatible with all computer systems or browsers.
Permissible & Non-Permissible Uses.
You shall use this Site for lawful purposes only. You shall not, without Elite's prior written approval, post or transmit through this Site any information or material that:
- violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing or otherwise objectionable to Elite in its absolute discretion;
- could cause or introduce a software virus or other disruptive program;
- encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, or is in violation of these Terms;
- contains any advertising or any solicitation; or
- otherwise violates any of these Terms.
Any conduct by you that, in Elite's opinion, restricts or inhibits any other user from using or enjoying this Site will not be permitted.
User ID and Passwords.
- In order to access certain areas of the Site and purchase Elite's products online you need to create and key in a user ID and password. You are responsible for keeping your personal user ID and password secure and confidential. You should not share, display, disclose or permit your user ID and password to be disclosed to any other party.
- If your user ID and password is disclosed or discovered by another party, you should contact us immediately.
- You are responsible for use of the Site when access is obtained through the use of your user ID and password whether authorized or unauthorized.
- You agree not to impersonate any other person or entity or use any false name or use any other person's user ID and password to access the Site.
- You agree and warrant that you will implement and comply with the above procedures and that all information supplied to us is true and accurate.
- Elite reserves the right to withdraw user IDs and passwords at any time without notice and in its sole discretion may allocate a new user ID and password where Elite has reason to believe that such user ID and password has been discovered and/or used by any person or organization other than you.
- Without prejudice to any other rights, Elite reserves the right to suspend provision of all or any part of the Site and/or block or remove any emails or other postings or content if Elite has reason to believe that such use or material is in violation of these Terms.
Descriptions of Elite goods or services and/or price quotations which may be contained in this Site are not offers to sell and should not be construed as such. Any order you place ("Orders") may be accepted or rejected by Elite or, in certain cases, the Distributor for the territory in which the products will be shipped. No order shall be deemed accepted until you have been notified expressly in writing of such acceptance by Elite or a Distributor, which may be given by fax, e-mail or regular mail. E-mail or other electronic or non-electronic acknowledgement of Orders issued by Elite does not constitute legal acceptance of Orders unless expressly so stated.
Ownership and Copyright.
- The Site may contain information and materials including but not limited to, text, software, photos, video, graphics, audio, images or files incorporated in or generated by the software and data accompanying the software (collectively "Materials") which are derived in whole or in part from information and materials supplied by Elite and other sources, and are protected by U.S. and international copyright, trademark and other laws.
- The entire content of this Site is copyrighted as a collective work under the United States Copyright Laws. Elite owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in (or license to use) the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download, view and print the Materials, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and, by your use of this Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials or intellectual property.
- Any modification of the Materials is a violation of Elite's or such other sources' copyright, trademark and other proprietary rights and may violate other laws, including but not limited to, the laws of privacy and publicity and communications regulations and statutes. The use of any such Materials on any other website without Elite's express written consent is prohibited.
- Elite reserves its right to enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution when and where appropriate.
- Elite will use all reasonable efforts to ensure that the information supplied in this Site is true and accurate. There are some instances, however, when information in this Site will not with absolute certainty represent or depict the actual conditions (e.g., your monitor does not have the capabilities to accurately reflect the colors on Elite's Site, etc.). If inaccurate information is supplied on this Site, Elite shall not be responsible or liable for the results therefrom; and Elite shall have all available remedies, including, but not limited to the right to refuse or cancel any order or retroactively cancel any contract if such order or contract results from inaccurate information that does not result from Elite's gross negligence or willful misconduct.
- THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. ELITE ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, FORMULA, TABLE OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT, FORMULA, TABLE OR INFORMATION SHALL BE AT YOUR SOLE RISK.
- ELITE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT OR OTHERWISE AFFECT, YOUR COMPUTER EQUIPMENT, OPERATING SYSTEMS, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE. IN PARTICULAR, YOU ACKNOWLEDGE THAT ELITE SHALL HAVE NO LIABILITY FOR ANY VANDALISM, ALTERATION, OR OTHER USE OR MISUSE OF ELITE'S SITE BY ANY PERSON NOR FOR ANY DATA, COMMUNICATION OR TRANSMISSION SENT BY ANY OTHER PARTY.
- As a convenience to you, Elite may provide links to websites owned or operated by other entities and persons, but makes no representation whatsoever about any other website that you may access through Elite's Site. Any link to a non-Elite website does not mean that Elite endorses or accepts any responsibility for the content, or the use of such website. If you use these websites, you do so at your own risk. Elite makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any products and services described thereon. Furthermore, links do not imply that Elite is affiliated or associated with, or that any linked website is authorized to use any trademark, trade name, logo or copyright of Elite.
- The framing, mirroring, scraping or data-mining of this Site or any of its contents in any form or by any method is strictly prohibited.
Third Party Content.
Any opinions, statements, services, offers or other information or content expressed or made available in this Site by any third party are those of the respective author(s) or distributor(s) and not those of Elite.
Limitation of Liability.
- Your use and browsing of this Site is at your sole risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using this Site.
- UNDER NO CIRCUMSTANCES WILL ELITE, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED IN, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEBSITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OR MISUSE OF ANY COMPUTER OR SYSTEM) WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ELITE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ELITE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
- Applicable laws of your jurisdiction may give you additional rights and/or may limit the effect of the waivers contained herein.
Elite's obligations and responsibilities regarding its products and services are governed solely by Elite's Terms and Conditions of Sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from Elite(click here to view)and shall control the terms of any sale or license, regardless of whether they may differ from those set forth on this Site.
Information Provided By You.
- It has been and remains Elite's policy not to accept or consider ideas, comments, suggestions or materials other than those that Elite has specifically requested from you. Accordingly, unless expressly agreed by Elite, Elite does not want you to, and you agree through the use of this Site that you will not, send any drawings, designs, sketches, projects, plans, or other confidential or proprietary information belonging to you or any other entity to Elite through our Site unless specifically requested by Elite (e.g., information necessary to place an order). Please note that, unless expressly agreed by Elite, any unsolicited information or material sent to Elite will be deemed not to be confidential or proprietary. By submitting information and material to this Site, unless expressly agreed by Elite, you automatically grant to Elite (or warrant that the owner of such information and material has expressly granted to Elite) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, exploit, reproduce, display, perform, modify, adapt, publish, translate, manufacture, market, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it into other works in any form, media, or technology now known or hereafter developed. You also agree that, unless expressly agreed by Elite, Elite is free to use or exploit, any ideas, concepts, know-how or techniques that you send Elite for any purpose, without compensating you in any way.
- You shall not upload, post or otherwise make available on or through this Site any information or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You agree to be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
- Any contact which you may make with Elite, Elite employees or Distributors via this Site must be for an Elite business-related purpose and all such communications are property of Elite, and subject to review and monitoring by Elite in accordance with applicable laws.
Elite reserves the right, in its sole discretion and without giving notice to anyone either before or after, to edit or revise these Terms at any time and correct any errors or omissions in any portion of this Site and Materials. All Materials on the Site may also be changed, modified, added or removed and updated without notice at any time; however, Elite is under no obligation to update Materials. Elite may also make changes in the products, services, programs or prices (if any) described in this Site at any time without notice. Your continued use of this Site after any change that has been made to this Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the current Terms because they are binding on you.
Availability of this Site.
Elite cannot guarantee the availability of this Site. This site may be unavailable because of routine maintenance performed by Elite, or by causes beyond Elite's control or at Elite's sole discretion. By consenting to the Terms, you acknowledge and agree that Elite shall not be liable or held responsible, for any reason or for any damages, delay or harm caused as a result of this Site becoming unavailable.
This Site is administered by Elite from its offices in the United States. Materials published at this Site may refer to products, programs or services that are not available in your country. Furthermore, Elite makes no representation that the Materials at this Site are appropriate or available for use at locations outside of the United States, and access to such Materials from territories where the contents of the Materials are illegal is prohibited. You may not use this Site or export information or Materials in violation of the export or other laws, regulations, executive orders, decrees or other legal enactments or requirements of the United States or any other country. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
These Terms shall be governed by the laws of the Commonwealth of Pennsylvania, United States of America, without giving effect to any principles of conflict of laws. By using this Site, you agree to bring any claim or suit in, and submit to the exclusive jurisdiction of, the Court of Common Pleas, Berks County, Pennsylvania, United States of America, or the United States District Court for the Eastern District of Pennsylvania. The United Nations Conventions on Contracts for the International Sale of Goods does not apply.
Entire Agreement; Time Limitation.
These Terms constitute the entire agreement between Elite and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
- (a) Should there be any dispute regarding the meaning or enforcement of these Terms, the English language version of these Terms is deemed to be the only official version.
- (b) If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion hereof, to be unenforceable, that provision or portion thereof shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.