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User
Agreement Policies Statement
This User
Agreement ("Agreement") is an agreement between ("elitelimit.com""Elite
Limit"), and the party set forth in the related shopping
cart order form or custom developed invoices incorporated
herein by reference (together with any subsequent orders
submitted by Customer, the "Shopping Cart"), and applies
to the purchase of all services (collectively, the "Services")
ordered by Customer on the shopping cart or invoice. Such
party is referred to in this Agreement as "Customer" or
"You". The above Domain Name as well as the .html product
purchasing pages falling within the host server space connected
to the above domain name URL http internet addresses will
be referred to as "EliteLimit".
PLEASE READ THIS AGREEMENT CAREFULLY. BY VISITING THE ABOVE
MENTIONED WEB SITES LOCATED WITHIN THE HOST SERVER SPACE,
ORDERING ANY SERVICE OR PRODUCT SOLD BY EliteLimit OR BY CLICKING
ON THE GREEN "BUY IT" BUTTON PAYPAL PROVIDED SHOPPING
CART, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE
IN THIS AGREEMENT. YOUR USE OF THE SERVICES, PURCHASE OF
THE PRODUCTS, AND ACCESS TO EliteLimit CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT. EliteLimit reserves
the right to reject this Agreement for any reason or no
reason, prior to acceptance thereof by EliteLimit. Activation
of the Services shall indicate EliteLimit's acceptance
of this Agreement. Subject to the terms and conditions of
this Agreement, EliteLimit will provide
to Customer the Services selected by Customer set forth
on the Order Form or paypal shopping cart merchant ordering
system.
1. Intellectual Property Rights.
All right,
title and interest in and to the Photographic Images, Designs,
Logos, Text, html, URLs, Domain Names, .PDF files, .GIF
files, .JPG files, .html files, .htm files, .swf files,
.mp3 files, trade names, trademarks, service marks, inventions,
copyrights, trade secrets, patents, know-how and other intellectual
property rights relating to the Services and Products Sold
and the related art artwork logo designs and all images
text and html seen and heard or in printed, digital, or
static form on the Internet are the property of EliteLimit.
All Rights are Reserved.
EliteLimit does not
in any way claim that our products are affiliated with any
major vehicle manufacturing company's oem product. All
vinyl stripe kits sold at this web site are original designed
logos images art decals stripes graphics and stickers exclusively
produced and sold here and should not be confused with any
major vehicle manufacturers oem product or trademarked or
copyrighted design or logo image or products or services.
2. Other Intellectual
Property Rights.
There
is NO CLAIM that the vinyl decals stickers
graphics stripe templates and stripes artworks logos or
designs sold are any kind of major vehicle manufacturer's
oem products trademarked or copyrighted design logo or image.
We make custom designed aftermarket vinyl decal and sticker
products only. If you wish to purchase any kind of genuine
oem major vehicle company parts or products we recommend
you visit their appropriate local or web site for those
products or services desired.
EliteLimit
recognizes that "Toyota", "Dodge", "Ram",
"Ford", "Chevy", "GMC" and
various model names are registered trademarks of major vehicle
manufacturing entities and these terms
are used for identification purposes only in reference to
the various vehicle types and models in which EliteLimit's
vinyl stickers decals and graphics products you purchase
can be applied onto.
You are purchasing vinyl sticker material custom cut to
you the buyer's specifications. By ordering decals from
EliteLimit you constitute and agree that you are not purchasing
any copyrighted or trademarked logo or design owned by Chrysler
Group LLC, Ford Motor Company, Chevrolet, Chevy, GM General
Motors, Toyota, or any major vehicle manufacturer's design
or logo or product. If a copyrighted
or trademarked logo or design is ordered by specific request
with provided artwork emailed to EliteLimit for creation.
You agree to and acknowledge that you have obtained any
necessary permission, agreement, letter or right to recreate
and use any logo or image or design being created for the
vinyl sticker product you purchase. Furthermore EliteLimit
will not be held liable or at fault or considered infringment
on any intellectual property right or copyright or trademarked
design or logo.
By ordering any products you acknowledge and agree that
you are not purchasing any known registered tradmarked copyrighted
logo or image or design and further agree to and acknowledge
the vinyl sticker product you purchase is an original designed
custom vinyl decal or stripe product from EliteLimit only.
You further agree and acknowledge the product you are ordering
is not related to or should have any confusion with purchasing
any genuine major vehicle manufactured oem parts, products
or services trademarked or copyrighted designs or logos
or images.
3. Usage Policy.
Under this Agreement, Visitors and/or Customers shall comply
with EliteLimit's then
current "Usage Policy", as amended, modified or updated
from time to time by EliteLimit, which
currently can be viewed at http://elitelimit.com/legalpolicy.html,
and which is incorporated in this Agreement by reference.
Customer hereby acknowledges that it has reviewed the Usage
Policy and that the terms of the Usage Policy are incorporated
herein by reference. In the event of any inconsistencies
between this Agreement and the Usage Policy, the terms of
the Usage Policy shall govern. EliteLimit does not
intend to systematically monitor the content which is submitted
to, stored on or distributed or disseminated by Customer
via the Service (the "Customer Content"). Customer Content
includes content of Customer's customers and/or users of
Customer's website. Accordingly, under this Agreement, you
will be responsible for your customers content and activities
on your website. Notwithstanding anything to the contrary
contained in this Agreement, EliteLimit may immediately
take corrective action, including removal of all or a portion
of the Customer Content, disconnection or discontinuance
of any and all Services, or termination of this Agreement
in the event of notice of possible violation by Customer
of the Usage Policy. In the event EliteLimit takes corrective
action due to a violation of the Usage Policy, EliteLimit shall not
refund to Customer any fees paid in advance of such corrective
action. Customer hereby agrees that EliteLimit shall have
no liability to Customer or any of Customer's customers
due to any corrective action that EliteLimit may take
(including, without limitation, disconnection of Services).
4. Amendment.
EliteLimit may amend,
modify or update this Agreement or the Usage Policy at any
time in its sole discretion, and Customer shall be bound
by any such amendment, modification or update. EliteLimit may, but
is under no obligation to, provide notice of any amendment,
modification or update of this Agreement or the Usage Policy.
Any modification is effective on the earlier of two days
after posting on EliteLimit's website
or two days after the sending of a notice by EliteLimit to Customer
by e-mail or conventional mail. If any material modification
to this Agreement or the Usage Policy is unacceptable to
you, you may terminate your subscription as provided in
Section 3. However, if you do not terminate the Agreement,
or if you continue to use the Services following effectiveness
of the modification, your continued use will mean that you
have accepted that modification. EliteLimit reserves
the right to amend its service offerings and add, delete,
suspend or modify the terms and conditions of the Services,
at any time and from time to time, and to determine whether
and when any such changes apply to both existing and future
customers.
5. Billing and Payment.
All fees for the Services shall be in accordance with EliteLimit's PayPal
Shopping Cart or Custom Developed Invoice then in effect,
the terms of which are incorporated herein by reference,
and shall be due at the time of purchase.
Returned checks will be assessed a $35.00 charge. No Wire
transfer accepted.
6. Disclaimer of Warranty.
Customer agrees to use all Services and any information
obtained through or from EliteLimit, at Customer's
own risk. Customer acknowledges and agrees that EliteLimit exercises
no control over, and accepts no responsibility for, the
content of the information passing through EliteLimit's host
computers, network hubs and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED
ON AN AS IS, AS AVAILABLE BASIS. NONE OF EliteLimit, SUBSIDIARY
OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS,
THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS
OR THE LIKE (EACH, AN "EliteLimit PERSON")
MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
FOR THE SERVICES OR ANY EQUIPMENT EliteLimit PROVIDES.
NO EliteLimit PERSON
MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED
OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF
ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR
PROVIDED THROUGH THE SERVICES. EliteLimit IS NOT
LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT
OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED
BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES
PROVIDED BY EliteLimit. NO ORAL
ADVICE OR WRITTEN INFORMATION GIVEN BY ANY EliteLimit PERSON,
WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION
OR ADVICE. The terms of this section shall survive any termination
of this Agreement.
7. Indemnification.
Customer agrees to indemnify, defend and hold harmless EliteLimit and its
parent, subsidiary and affiliated companies, and each of
their respective officers, directors, employees, shareholders
and agents (each an "indemnified party" and, collectively,
"indemnified parties") from and against any and all claims,
damages, losses, liabilities, suits, actions, demands, proceedings
(whether legal or administrative), and expenses (including,
but not limited to, reasonable attorney's fees) threatened,
asserted, or filed by a third party against any of the indemnified
parties arising out of or relating to (i) Customer's use
of the Services, (ii) any violation by Customer of the Usage
Policy, (iii) any breach of any representation, warranty
or covenant of Customer contained in this Agreement or (iv)
any acts or omissions of Customer. The terms of this section
shall survive any termination of this Agreement.
8. Limitation of Liability.
Customer agrees that no Person, under any circumstances,
shall be held responsible or liable for situations where
the Services are accessed by third parties through illegal
or illicit means, including situations where such data is
accessed through the exploitation of security gaps, weaknesses
or flaws which may exist in the Services or EliteLimit's equipment
used to provide the Services.
Under no circumstances, including negligence, shall EliteLimit be liable
for any indirect, incidental, special, consequential or
punitive damages, or loss of profits, revenue, data or use
by Customer, any of its customers, any Reseller Customer
or any other third party, whether in an action in contract
or tort or strict liability or other legal theory, even
if EliteLimit has been
advised of the possibility of such damages. No EliteLimit Person
shall be liable to Customer, any of its customers, any Reseller
Customer or any other third party, for any loss or damages
that result or are alleged to have resulted from the use
of or inability to use the Services, or that results from
mistakes, omissions, interruptions, deletion of files, loss
of data, errors, viruses, defects, delays in operations,
or transmission or any failure of performance, whether or
not limited to acts of God, communications failure, theft,
destruction or unauthorized access to EliteLimit's records,
programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement,
EliteLimit's maximum
liability under this Agreement for all damages, losses,
costs and causes of actions from any and all claims (whether
in contract, tort, including negligence, quasi-contract,
statutory or otherwise) shall not exceed the actual dollar
amount paid by Customer for the Services which gave rise
to such damages, losses and causes of actions at any time
before or after the date the damage or loss occurred or
the cause of action arose.
Customer understands, acknowledges and agrees that if EliteLimit takes any
corrective action under this Agreement because of an action
by Customer or one if its customer or a Reseller Customer,
that corrective action may adversely affect other customers
of Customer or other Reseller Customers, and Customer agrees
that EliteLimit shall have
no liability to Customer, any of its customers or any Reseller
Customer due to such corrective action by EliteLimit.
This limitation of liability reflects an informed, voluntary
allocation between the parties of the risks (known and unknown)
that may exist in connection with this Agreement. The terms
of this section shall survive any termination of this Agreement.
9. Force Majeure.
EliteLimit shall not
be liable for failure or delay in performing it obligations
hereunder if such failure or delay is due to circumstances
beyond its reasonable control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability
of, interruption or delay in telecommunications or third
party services (including DNS propagation), failure of third
party software or hardware or inability to obtain raw materials,
supplies or power used in or equipment needed for provision
of the Services.
10. Governing Law; Jurisdiction; Arbitration.
This Agreement shall be governed in all respects by US law
without regard to the conflict of law provisions thereof.
Both parties submit to personal jurisdiction in United States.
Any controversy or claim arising out of, relating to or
in connection with this Agreement, or the breach thereof,
shall be subject to arbitration administered by the American
Arbitration Association ("AAA") in accordance with its then
existing Commercial Arbitration Rules (collectively, the
"AAA Rules") and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction
thereof. The place of arbitration shall be in the United
States or any other place selected by mutual agreement of
the parties. An award rendered in connection with an arbitration
pursuant to this Section shall be final and binding upon
the parties and the parties agree and consent that the arbitral
award shall be conclusive proof of the validity of the determinations
of the arbitrations set forth in the award, and any judgment
upon such an award may be entered and enforced in any court
of competent jurisdiction. The parties agree that the award
of the arbitral tribunal will be the sole and exclusive
remedy between them regarding any and all claims and counterclaims
between them with respect to the subject matter of the arbitrated
dispute. The parties hereby waive all in person jurisdictional
defenses in connection with any arbitration hereunder or
the enforcement of an order or award rendered pursuant thereto.
In any legal action, the prevailing party will be entitled
to recover all legal expenses incurred in connection with
the action, including but not limited to its costs, both
taxable and non-taxable, and reasonable attorney's fees.
The terms of this section shall survive any termination
of this Agreement.
11. Assignment.
Customer shall not have the right to assign this Agreement
without the prior written consent of EliteLimit. This Agreement
shall be binding upon and inure to the benefit of Customer
and EliteLimit and their
successors and permitted assigns.
12. Entire Agreement; Severability.
This Agreement, together with the Shopping Cart or products
ordered and any other documents or agreements specifically
identified in this Agreement, represents the entire agreement
between the parties, and supercedes all previous representations,
understandings or agreements. If any provision of this Agreement
shall be held by a court of competent jurisdiction to be
invalid, unenforceable, or void, the remainder of this Agreement
shall remain in full force and effect.
Customer hereby represents that he, she or it is either,
an individual entering this Agreement for his or her personal
use and is over 18 years of age, or a corporation, limited
partnership or other legal entity, duly organized, validly
existing and in good standing under the laws of the state
of its organization and the person acting on behalf of Customer
is duly authorized to accept, execute and deliver this Agreement
on behalf of Customer.
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Demonstrate commitment to our customers' privacy by
providing this statement. We will do everything in our power
to ensure your right to privacy. We are committed to developing
long lasting relationships that are built on trust. We will
in no way ever reveal your personal information or payment
information to any third parties or marketing corporations.
Payment information such as Credit Card Numbers are immediately
shreded once process has completed if ordering by phone.
Web site shopping cart payments are 128 Bit Encrypted through
PayPal.
Personal Data Transmissions Are Encrypted
When you order all your personal information is protected.
We use Secure Sockets Layer (SSL), the industry standard,
for encrypting all personal information, including name,
address and credit card numbers.
We Will NEVER Sell Your Personal
Information!
We keep all personal information confidential and in all
cases unless requested by customer, always shred C.C. information
after payment processing.
Policy Changes
EliteLimit
is dedicated to providing the best service possible to every
one of our clients. We are also dedicated to staying on
top of available technology. We
reserve
the right to change policies at any time to meet the needs
of our customers, changing laws and new technology.
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