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Terms of Use

Last revised as of September 28, 2008

Agreement to be Bound

By accessing a site, continuing to access a site, or downloading materials from a site, you agree to abide by the terms of use described in this notice. If you do not agree to abide by these terms of use, do not use 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 or qualification.

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 Designs, and you agree that these terms of use and any legal action or 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 confidential.

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.

General Information

These are the legal notices and terms of use and the privacy policy that 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.”

elitedesignsltd.com

When we 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 organization.

LEGAL NOTICES AND TERMS OF USE

Copyrights and Other Intellectual Property

This 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.

Limited License

Subject to these terms of use, we grant to you a non-exclusive, 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.

No Interruption

You agree not to interrupt or attempt to interrupt the operation of any site in any way.

 

Domain Registration Refund Policy
We want to provide you a risk free domain registration experience with us. We understand some time we do make mistakes when registering a domain name and we want to offer ways for you to make changes when necessary. However, to prevent abuses of such offer, we do require you to observe the following rules:
1. This refund policy is applicable only for ALL domain name registration and renewals. All domain renewal and transfer orders are non-refundable once they are processed.
 
2. Refund for ALL domain registration and renewals are non-refundable and can include but are not limited to these domain extensions:
 
.COM, .NET, .ORG, .BIZ, .US, .CO

Registration for ALL other domain extensions are final and non-refundable
 
That's all the conditions we have for our refund policy. They are necessary to protect ourselves against domain speculators who are trying to abuse our service for domain tasting. This is not the place for such abusive activities.  

Domain Registration Refund Policy

We want to provide you a risk free domain registration experience with us. We understand some time we do make mistakes when registering a domain name and we want to offer ways for you to make changes when necessary. However, to prevent abuses of such offer, we do require you to observe the following rules:

 1. This refund policy is applicable only for ALL domain name registration and renewals. All domain renewal and transfer orders are non-refundable once they are processed.
 

 2. Refund for ALL domain registration and renewals are non-refundable and can include but are not limited to these domain extensions:
 
.COM, .NET, .ORG, .BIZ, .US, .CO

Registration for ALL other domain extensions are final and non-refundable
 

That's all the conditions we have for our refund policy. They are necessary to protect ourselves against domain speculators who are trying to abuse our service for domain tasting. This is not the place for such abusive activities.  

 

Use of Materials

We 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;

(2)  You may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms of use; and

(3)  You may not transfer the materials to any other person.

Information Posted on the Site

Except 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 materials; and

(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

Your 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

You 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

THE 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 PARTICULAR PURPOSE.

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 this obligation.

Export Controls

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.

Revisions to Terms of Use

We 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.

International Users

The 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

You 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.

Partial Invalidity

If, for any reason, a court of competent jurisdiction finds any provision of these terms of use or any privacy policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms of use and the privacy policy, and the remainder of these terms of use and the privacy policy shall continue in full force and effect.

Responsibility for Username and Password

We 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 GUESSED.

Other Provisions

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 the privacy policy consistently with such other terms and conditions.
Warning regarding Other Users of Sites

WE 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

Without affecting any other limitation of liability contained in these terms of use or otherwise:

(a) 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; and

(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

The laws of the State of Illinois and the federal laws of the United States (without regard for choice of law rules) govern these terms of use, the 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.

3 Golf Center, Suite 220, Hoffman Estates, IL 60169 | 847.380.9360 tel | Fax 224-333-5728
terms of use | privacy policy