ELITE INCORPORATION COMPANY®
TERMS AND CONDITIONS OF USE FOR THE WEB SITES
JANUARY 2008
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
Elite Incorporation Company® (EI) Web Site (the "Web Site") is a service made available by "EI" and all content, information and software ("Content") provided on or through the Web Site may be used solely under the following terms and conditions ("Terms of Use")
Web Site License
Limitations on Use
Not Legal Advice
Intellectual Property Rights
Registration
Errors and Corrections
Third Party Content
Our Privacy Policy
Disclaimer
Limitation on Liability
Unlawful Activity
Remedies for Violations
Governing Law and Jurisdictions
Severability of Provisions
Force Majeure
Injunctive Relief
Governing Law
Right To Rely On Instructions & Right of Refusal
State and Federal Filing Requirements
Business Licenses
Returning Physical Products
Miscellaneous
Intellectual Property - Permitted Uses and Restrictions on Use
Trademarks
As a user of this Web Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site in accordance with these Terms of Use. EI may terminate this license at any time for any reason.
Use of the Content on this Web Site is limited to lawful business purposes including the filing of documents with state and national offices, as permitted. You may not reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Web Site or Content without EI’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Web Site or its Content is prohibited.
Content contained on or made available through the Web Site is not intended to and does not constitute legal advice and no attorney-client relationship formed, nor is anything submitted to this Web Site treated as confidential. The completeness, adequacy or currency of the Content is not warranted or guaranteed. Use of the information on the Web Site or materials linked from the Web Site is at your own risk. THIS SITE IS NOT A SUBSTITUTE FOR LEGAL COUNSEL. Elite Incorporation Company is an internet publishing service. All materials accessible via the Web Site are intended to provide you with a convenient method for completing and filing your requested forms. The materials contain information of general application and are not intended to replace the advice of an attorney. While our staff expends great efforts to maintain and publish accurate information, State, Federal and non-U.S. laws are constantly evolving. In addition, laws are open to different interpretation and greatly vary amongst different jurisdictions.
The materials, information and links posted on the Web Site are provided for public informational purposes only, and do not constitute individualized legal advice. The information on the Web Site is only provided with the understanding that Elite Incorporation Company and its affiliates are not engaged in rendering legal or other professional services. Elite Incorporation Company expressly disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional.
When using our services, you will be acting as your own attorney. Elite Incorporation Company completes information on the requested forms based upon the information you have provided to us. By providing you with this service, Elite Incorporation Service, its advisors, agents, representatives, and employees are not rendering any legal or otherwise professional advice or service, and no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our services, including but not limited to information, content and/or forms.
Elite Incorporation Company, its advisors, agents, representatives, and employees are not engaged in the practice of law and cannot provide you with legal advice. Although Elite Incorporation Company expends great efforts and respects the confidential nature of the information you are submitting to us, no special relationship or privilege exists between Elite Incorporation Company and you, including but not limited to any Attorney-Client relationship that might exist had you consulted with a licensed attorney.
Elite Incorporation Company, its advisors, agents, representatives, and employees strongly recommend that you consult a licensed attorney or accountant in the applicable jurisdiction.
Elite Incorporation Company is a document filing service and cannot provide you with legal or financial advice. The information on the website is designed to provide accurate and authoritative information in regard to the subject matter covered. It is presented with the understanding that Elite Incorporation Company is not engaged in rendering legal, accounting or other professional services. If legal advice or other professional assistance is required, the services of a competent professional person should be sought.
4. Intellectual Property Rights:
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For further information see Intellectual Property - Permitted Uses and Restrictions on Use.
Certain sections of the Web Site may require you to register. If registration is requested, you agree to provide EI with accurate, complete registration information. It is your responsibility to inform EI of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. EI does not permit any other person using the sections under your name or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
EI does not represent or warrant that the Web Site is error free or other harmful components. We will take steps to the best of our ability to correct all defects with the Web site. EI does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely or otherwise reliable. EI may make improvements and/or changes to its features, functionality or Content at any time.
Third party content may appear on the Web Site or may be accessible via links from the Web Site. EI is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of EI.
Our Privacy Policy for this Site is posted at our main page. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms.
THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. EI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. EI DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, OUT OF OR IN ANY WAY RELATED TO (A) ERRORS IN OR OMMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERROS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEB SITE, OR (E) YOUR USE OF EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.
EI SHALL NOT BE LIABLE FOR ANY INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. EI SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ATTORNEY FEES, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT.
EI reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
EI reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to EI’s Web Site and its features.
13. Severability of Provisions:
These Terms of Use incorporate by reference any notices contained on the Web Site. The Terms of Use constitute the entire agreement with respect to access to and use of the Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
EI is not responsible for any delay or failure in performance of the web site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your from further mischief.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF DELAWARE (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).
17. Right To Rely On Instructions & Right Of Refusal
EI may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the web site's automated criteria or which is believed by EI's personnel to be genuine. For any password protected areas, EI may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. EI may assume the latest email addresses and registration information on file with EI are accurate and current. When programmed to do so, EI may take prescribed actions in the absence of receiving proper and complete contrary instructions.
Elite Incorporation Company, in its sole discretion, reserve the right to refuse to provide services to you. You agree that Elite Incorporation Company shall not be liable to you for loss or damages that may result from our refusal to provide services to you.
18. State and Federal Filing Requirements
EI is not responsible for advising or reminding you of any requirements or obligations, including but not limited to any required State, Federal or other governmental or regulatory filings, annual reports, taxes due, or other filing requirements. Elite Incorporation Company’s sole responsibility is the preparation of your requested form. Any requirements or obligations for the maintenance of you corporation, business entity or other business services are not the responsibility of EI and are the sole responsibility of you. We strongly suggest that you send all correspondence to third parties via the U.S. Certified Return Receipt Mail.
EI provides no guarantee that all necessary authorizations, licenses and permits are included in any business license package. A business license package does not, nor does it intend to, provide, legal, business or tax advice. It is provided for information purposes only and is not and should not be construed as legal advice. EI does not provide guidance or assistance in filling out the documents contained with the business lciense package. Compliance with all laws and regulation remains the responsibility of the user of the package. No representations, warranties, express or implied, are given regarding the legal or other consequences resulting from the use of EI’s services, reports or forms.
20. Returning Physical Products
You have 60 days from the product’s ship date to be eligible for a refund under the satisfaction guarantee. You must include a copy of the packing slip for a refund. Send all physical products to:
Elite Incorporation Company
Attn: Returns
160 Congress Park Drive, Suite 117
Delray Beach, FL 33445
Any and all funds already applied towards state filing fees, publication fees, corporate kits and/or shipping and handling are nonrefundable. For all checks returned to Elite Incorporation Company due to insufficient funds or closed accounts, a twenty-five dollar ($25.00) penalty and any additional bank service fees will be added. Please contact us by phone or email if you have additional questions regarding returns and refunds, please call us.
This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the web site. Your continued use of this web site after the effective date of such amendment will constitute your acceptance of it. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
22. Intellectual Property - Permitted Uses and Restrictions on Use
The Elite Incorporation Company® Web Site is protected by copyright law. Copyright© 2008 Elite Incorporation Company®. All rights reserved.
Access to and use of the EI Web Site services is provided subject to Terms and Conditions, which you accepted during the Registration process. These Terms and Conditions contain warranty disclaimers, limitations of liability, Linking guidelines and restrictions on use.
Except for these specified uses, no part of the materials, including graphics or logos, available through the EI Web Site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without prior written consent of EI. Any other reproduction in any form without the permission of EI is prohibited. Distribution for commercial purposes is prohibited.
Listed below are trademarks for EI and its affiliated companies, plus other companies' recognized trademarks and service marks that you are likely to encounter. Nothing contained on this site should be construed as granting any license or right to use any Trademark displayed on this site without the express written permission of EI or such third party that may own the Trademark.
Elite Incorporation Company®
Elite Incorporation Company is a registered trademark of Elite Incorporation Company® in the United States and/or other countries.