Last revised as of September 28, 2008
Agreement to be Bound
accessing a site, continuing to access a site, or downloading materials
a site or download materials from a site. Your access to and use of this site is subject to the following terms
and conditions and all applicable laws. By accessing and using this
site, you accept the following terms and conditions, without limitation
Unless otherwise stated, the contents of this site including, but not
limited to, the intellectual property, the text and images contained
herein and their arrangement are the property of Elite Designs, LLC. All
trademarks used or referred to in this website are the property of
their respective owners.
Nothing contained in this site shall be construed as conferring by
implication, estoppel, or otherwise, any license or right to any
copyright, patent, trademark or other proprietary interest of Elite
Designs or any third party. This site and the content provided in this
site, including, but not limited to, graphic images, audio, video, html
code, buttons, and text, may not be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, without the
prior written consent of Elite Designs, except that you may download,
display, and print one copy of the materials on any single computer
solely for your personal, non-commercial use, provided that you do not
modify the material in any way and you keep intact all copyright,
trademark, and other proprietary notices.
The information provided on this site is free of charge and for
informational purposes only and does not create a business or
professional services relationship between you and Elite Designs. Links
on this site may lead to services or sites not operated by Elite
Designs. No judgment or warranty is made with respect to such other
services or sites and Elite Designs takes no responsibility for such
other sites or services. A link to another site or service is not an
endorsement of that site or service. Any use you make of the
information provided on this site, or any site or service linked to by
this site, is at your own risk.
This site and its contents are provided "as is" and Elite Designs makes
no representation or warranty of any kind with respect to this site or
any site or service accessible through this site. Elite Designs
expressly disclaims all express and implied warranties including, but
not limited to, the implied warranties of merchantability, fitness for
a particular purpose, title, and non-infringement. In no event will
Elite Designs be liable to any party for any direct, indirect,
incidental, special, exemplary, consequential, or other damages
(including, but not limited to, lost profits, business interruption,
loss of programs or data) without regard to the form of action and
whether in contract, tort, negligence, strict liability, or otherwise,
arising out of or in connection with this site, any content on or
accessed through this site or any site Elite Designs may be linked to,
or any copying, displaying, or use thereof.
Elite Designs maintains this site in Illinois, USA through Elite
proceeding relating to this site shall be governed by the laws of the
State of Illinois without reference to its choice of law rules. If you
attempt to bring any legal proceedings against Elite Designs you
specifically acknowledge that Elite Designs is free to choose the
jurisdiction of our preference as to where such action against us may
be held. As you have agreed by using this site to choose the laws of
the State of Illinois to govern any such proceedings, we will probably
choose to defend any such action in Illinois and we can make this
decision entirely as it suits us, without regard to where in the world
you are located, or from where in the world you visited this site.
You are responsible for complying with the laws of the jurisdiction
from which you are accessing this site and you agree that you will not
access or use the information on this site in violation of such laws.
Unless expressly stated otherwise herein, any information submitted by
you through this site shall be deemed non-confidential and
nonproprietary. You represent that you have the lawful right to submit
such information and agree that you will not submit any information
unless you are legally entitled to do so. Because of the open nature of
the Internet, we recommend that you not submit information you consider
Elite Designs shall not be held liable for any action or event that
could now and in the future be construed as negligent or misleading.
This site is for entertainment purposes only and visitors should
approach it as such. Elite Designs reserves the right to change and or
alter any information contained within Elite Designs. Our information
is accurate to the best of our knowledge and the way it is used outside
the premise of this site, shall be the sole responsibility of the
visitor. Any negative results or actions occurring as a result of this
information is not the responsibilty of Elite Designs. We are here to
help you and entertain you. Please look at our site as such. To our
knowledge, the information shown on these pages is correct.
apply to the domain(s) below. We refer to the website(s) accessible
through the domain(s) and all related websites as “sites” and to each
of them as a “site.”
refer to “you” or “your,” we mean the person accessing the site. If
the person accessing the site does so on behalf of, or for the purposes
of, another person, including a business or other organization, “you”
or “your” also means that other person, including a business
Copyrights and Other Intellectual Property
site is © 2002-2009 by us and we reserve all rights. You may inquire
about rights to reproduce content from this site by e-mailing us using
the technical support e-mail address below.
ALL RIGHTS IN ALL
MATERIALS POSTED ON SITES EITHER BELONG TO US OR ARE LICENSED BY US
WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY
RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY ANY MATERIAL FROM ANY SITE
WITHOUT OUR EXPRESS PERMISSION IN FOR FORM OF A RECORD SIGNED BY US.
non-transferable, limited right to access the sites and the materials
thereon. You may use the sites for informational purposes and in
connection with the purchase of products or services from us.
You agree not to interrupt or attempt to interrupt the operation of any site in any way.
Use of Materials
authorize you to view and download materials from the sites only for
your use in connection with the purchase or evaluation of our products
and services or in the exercise of any membership rights described in a
site. This authorization is not a transfer of any rights in the
materials other than those expressly granted. Any copies you make of
the materials (including by printing or by retaining electronic copies)
are subject to the following restrictions.
(1) You may
not remove, or disassociate, from any of the materials any copyright or
other proprietary notices contained in the materials;
may not modify, reproduce, display, perform, distribute, prepare
derivative works from, or otherwise use the materials for any purpose
(3) You may not transfer the materials to any other person.
Information Posted on the Site
as expressly requested in a site, you should not provide to us any
information that you do not want published on a site or presented to
other users of a site. To the extent that you provide to us any
information by posting it on the site or submitting to us any
information for posting on the site (including text, graphic materials,
audio, or any other materials):
(1) You represent and
warrant to us and to all others that access any site that you own, or
possess sufficient rights in, all such information and all such parties
may regard such information as publicly disclosable and, in any case,
not your confidential information;
(2) You represent and
warranty that you have the authority to grant to us the right to use
the likeness of any person appearing in any graphic material in the
commercial promotion of our products and/or services and you grant to
us that right;
(3) You grant to us an exclusive, irrevocable,
worldwide, fully-paid, royalty-free license to use, reproduce, display,
publicly perform, prepare derivative works from, transmit and
distribute such information as we see fit;
(4) You grant to us
the right to sue or to otherwise enforce all intellectual property
rights in such materials (including the right to sue for past
infringement) including, without limitation any user of a site or other
person who copies, replicates, duplicates, or windows any such
(5) We are free to use any ideas, concepts or
know-how contained in such information without any compensation or
remuneration to you.
CAN-SPAM, Telephone Consumer Protection Act and Similar Law
use of a site establishes a business or other applicable relationship
with us for purposes of CAN-SPAM, the Telephone Consumer Protection
Act, and all other applicable law that addresses unsolicited commercial
communications. By accessing, or continuing to access, this site, you
agree that we or our agents may call, e-mail, or otherwise communicate
with you regarding promotion of the sale, lease, or exchange of goods,
services, real property, or any other thing of value.
Misuse of the Sites
may not make any statements on, or provide or post any information to,
a site that is defamatory, threatening, obscene, harassing, or
otherwise unlawful, or that, without due authorization, incorporates
the proprietary material of another.
Disclaimer of Warranties
SITES AND ALL MATERIALS AVAILABLE ON OR THROUGH THEM (INCLUDING, BUT
NOT LIMITED TO, GOODS ORDERED OR REQUESTED THROUGH A SITE) ARE PROVIDED
WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. WE FURTHER
DISCLAIM ALL IMPLIED WARRANTIES AS TO NON-INFRINGEMENT,
NON-INTERFERENCE, MISAPPROPRIATION, MERCHANTABILITY, AND FITNESS FOR A
Fail-Safe and Critical Applications and Services
You must not use or permit to be
used any good or service that you acquire through any site for such
fail-safe or critical applications, and you must indemnify, defend, and
hold harmless us and our affiliates and agents from and against all
actions, suits, proceedings, costs, expenses, damages, and liabilities,
including, but not limited to, legal fees, arising out of the breach of
Unless an appropriate
license, exemption or similar authorization has been duly obtained, you
may not, and you may not authorize or permit your employees, agents,
successors or assigns to, export or re-export any products that you
obtain through a site to any country identified as a prohibited
destination by any applicable laws or regulations. Furthermore, You
must undertake and perform all “denied party screening” or similar
obligations imposed by or arising under applicable laws or
regulations. You agree and acknowledge that, to the extent applicable,
any good or service that you order or receive through any site will
be/were exported from the United States or other country of origin in
accordance with the United States Export Administration Regulations or
other export regulations applicable in the jurisdiction of origin. Any
diversion contrary to United States or other applicable law is
prohibited. You must indemnify, defend, and hold harmless us and our
affiliates and agents from and against any and all claims, losses,
expenses, suits, damages, costs, penalties and/or fines, including, but
not limited to, attorneys' fees, known or unknown, arising out of, or
related to, your violation of this provision.
reserve the right, at our sole discretion and without any notice, to
change, modify, add, or remove any portion of these terms and
conditions at any time. Changes in these terms and conditions will be
effective when the revised terms and conditions are posted. Your use or
continued use of any site after any changes to these terms and
conditions are posted will be considered acceptance of those changes.
READ THESE TERMS AND CONDITIONS AND THE RELATED PRIVACY INFORMATION
EVERY TIME YOU ACCESS ANY SITE TO MAKE SURE THAT YOU CONTINUE TO AGREE
TO THEIR TERMS.
Changes to the Site
We may terminate,
change, suspend, or discontinue any aspect of any site, including the
availability of any features of any site, at any time. We may also
impose limits on certain features and services or restrict your access
to parts or a site or one or more entire sites without notice or
liability. We may terminate the authorization, rights, and license
given above and, upon such termination, you will immediately destroy
all materials that you obtained from or through the site and that are
in your possession or control.
site is controlled, operated and administered by us or our agents from
offices within the United States and the state of Illinois utilizing servers located in the United States. We make no representation that materials at this site
are appropriate or available for transmission to or from, or use in,
locations outside of the jurisdiction(s) stated above and accessing any
site from any jurisdiction where such site’s contents are illegal is
prohibited. You may not use the site or export the materials in
violation of import or export laws and regulations. If you access a
site from a location outside of the United States you are responsible
for compliance with all local laws.
Limitation of Actions
must commence any suit or other action in connection with your use of
any site within one year after events giving rise to the claim or cause
of action occur.
If, for any reason, a
court of competent jurisdiction finds any provision of these terms of
that provision shall be enforced to the maximum extent permissible so
continue in full force and effect.
Responsibility for Username and Password
may provide to you a username and a password to use in accessing one or
more sites. Until you notify us otherwise and we have had a
commercially reasonable time to respond to your notice, we may, and
will, assume that every transaction entered into, every authorization
received, and every act or omission undertaken using your username and
password are fully authorized by you. Except to the extent that your
password or account are compromised by our gross negligence, you are
entirely and absolutely responsible for all activity performed using
your username and password. KEEP YOUR PASSWORD CONFIDENTIAL. DO NOT
WRITE IT DOWN. CHANGE IT OFTEN. DO NOT USE COMMON WORDS OR NAMES OF
PETS, FAMILY MEMBERS CELEBRITIES, OR OTHER WORDS THAT ARE EASILY
Certain areas and features of
sites contain terms and conditions specific to those areas and
features. Such terms and conditions are in addition to these terms and
conditions and prevail over these terms and conditions and the privacy
policy only to the extent it is not possible to construe these terms or
Warning regarding Other Users of Sites
DO NOT INVESTIGATE OR VET ANY USERS OF ANY SITE. YOU SHOULD NOT ASSUME
THAT ANY INFORMATION YOU RECEIVE THROUGH THIS SITE FROM ANY OTHER
PERSON IS TRUE, ACCURATE, OR VERIFIED BY ANYONE. YOU USE THE SITES AT
YOUR OWN RISK. WE ARE NOT, AND WILL NOT BE, LIABLE TO YOU FOR ANY
DAMAGES, COSTS, SUITS, ACTIONS, LOSSES, OR ANY OTHER HARM THAT RESULTS
FROM YOUR USE OF ANY INFORMATION PROVIDED BY OR THROUGH THIS SITE OR
RESULTING FROM ANY ACT OR OMISSION OF ANY OTHER PERSON, WHETHER A USER
OF A SITE OR OTHERWISE.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER
DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR
INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE
ELSE IN CONNECTION WITH THE USE OF ANY SITE OR ANY SERVICE RELATED
THERETO, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL
DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR
MEETINGS WITH OTHER USERS OF ANY SITE OR SERVICE RELATED THERETO OR
PERSONS INTRODUCED TO YOU THROUGH ANY SITE OR SERVICE RELATED THERETO;
(b) IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING
TO THE USE OR INABILITY TO USE ANY SITE OR ANY GOOD OR SERVICE RELATED
THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION
OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, AND PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OUR
AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION
WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO US.
Choice of Law
laws of the State of Illinois and the federal laws of the United States
privacy policies, and performance under them.
Client is responsible for all monies due and owing for services rendered by
Elite Designs and realizes that services may be disconnected for any past due amounts. In the event this account is turned over to an attorney for collection, the client or party initiating litigation hereby agrees to pay all costs
of collection including, but not limited to, court costs, late fees, re-connect costs, and attorney's fees.
Any case may be brought only
in the courts of the State of Illinois sitting in Cook County, Illinois
or in the United States District Court for the Northern District of
Illinois. You irrevocably consent to the jurisdiction and venue of
such courts and that you will be responsible for all fees associated with collection, arbitration, and/or litigation in regards to but not limited to attorney's fees, late fees, court costs, and any other fees.
A Special Note For Parents concerning Privacy
Elite Designs asks that children under 13 years of age not submit personal information through this site and encourages all children to consult with their parents before furnishing personal information on this site or any other site on the Internet. Technology is not currently available, however, that would enable Elite Designs to restrict children under 13 from submitting personal information without unduly limiting the ability of other visitors to interact with us. Consequently, we suggest that parents supervise their children's online activities and consider using parental control tools available from online services and software manufacturers (e.g. Net Nanny). Among other things, these tools can prevent children from disclosing personal information online without parental permission.
Submissions & Third-Party Content Disclaimer
You agree that nothing submitted by you to the Site shall contain any content which: a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; c) violates any law; d) advocates illegal activity; or, e) advertises or otherwise solicits funds or is a solicitation for goods or services (collectively, "Non-Approved Material"). You acknowledge that you are responsible for the Materials that you submit, and you, not Elite Designs, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.
Materials provided by Third-Party Providers have not been independently authenticated in whole or in part by Elite Designs. Elite Designs does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Elite Designs.
Anything submitted that is of a threatening or libelous nature on this Site which might be considered a violation of any law may require Elite Designs to report and fully cooperate with any law enforcement authorities or a court order requesting or directing Elite Designs to disclose the identity of anyone submitting any such Materials.
Merchandise Sales and/or Trading Post
You assume total responsibility and risk for your use of the merchandise trading post on this Site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through the trading post. You understand that, except for information, products or services clearly identified as being supplied by Elite Designs, all merchandise, information and services offered or made available or accessible through the trading post are offered or made available or accessible by third parties who are not affiliated with Elite Designs, but who have registered on the Elite Designs website and contracted outside of the Elite Designs website to fulfill any orders placed with them for the merchandise being ordered, traded, and/or transacted. If you are dissatisfied with the merchandise or trading post or with any terms, conditions, rules, policies, guidelines, or practices of Elite Designs in sponsoring this service, your sole and exclusive remedy is to discontinue using the service.
Nonetheless, Elite Designs marketing and advertising department would appreciate hearing from you should you have any complaints or concerns about this trading post. Products, services, and programs posted on this Site may not be available in your country. References to any product, service or program do not imply that Elite Designs or the third party (registered user of Elite Designs), as the case may be, will make available such products, services or programs in your country. The prices displayed at the Site, however, are quoted in U.S. Dollars and are valid and effective only in the United States.
Elite Designs and its registered users have made every effort to display as accurately as possible the physical nature, including colors,style, and specifications of the merchandise being displayed on this Site. However, as the size and actual colors you see will depend on your monitor, neither Elite Designs nor the particular merchandise seller at issue can guarantee that your monitor's display will be accurate.