Welcome to EliteATS LLC, a Minnesota limited liability company. EliteATS is an online platform offering health and fitness content, information, services, and products via the website www.eliteats.co and any other website, channel, application, mobile feature, and/or platform we operate. In these Terms and Conditions of Use ("Terms"), the use of the words “Company,” “we,” “our,” and “us” refer to EliteATS LLC. The words “user,” “you,” and “your” refer to entities or individuals that access and/or use the Site. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

 

1. Cookies

We employ the use of cookies. By accessing EliteATS LLC, you agreed to use cookies in agreement with EliteATS LLC's Privacy Policy.

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Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

 

2. License

Unless otherwise stated, EliteATS LLC and/or its licensors own the intellectual property rights for all material on EliteATS LLC. All intellectual property rights are reserved. You may access this from EliteATS LLC for your own personal use subjected to restrictions set in these terms and conditions.

 

You must not:

• Republish material from EliteATS LLC

• Sell, rent or sub-license material from EliteATS LLC

• Reproduce, duplicate or copy material from EliteATS LLC

• Redistribute content from EliteATS LLC

 

This Agreement shall begin on the date hereof. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. EliteATS LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of EliteATS LLC,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, EliteATS LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

 

EliteATS LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

 

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

 

You hereby grant EliteATS LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

 

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

 

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

 

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.

 

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of EliteATS LLC; and (d) the link is in the context of general resource information.

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These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

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If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to EliteATS LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

 

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

 

No use of EliteATS LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames. Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

 

3. Purchases

Company reserves the right not to accept or process orders that do not comply with our business policies and/or vendor agreements. Items ordered via the Site may be subject to shipping or processing limitations, such as shipping only to physical addresses located in the United States, or no shipping to P.O. boxes or APO/FPO addresses, and applicable limitations will be noted in connection with available items or during the purchasing process. All services and products offered by Company are provided subject to applicable U.S. federal, state, and local laws.

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All orders are subject to acceptance by Company and availability. By submitting a purchase request to us (directly, or through our Site or our authorized vendors or affiliates) for any item, you represent and warrant that all information submitted to us in connection thereto is complete and accurate. At our discretion, purchase requests will be processed, but we reserve the right not to accept your purchase request at our sole discretion. In such case, we may inform you by email or via your User Account.

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Prices (if any) indicated on each item page are exclusive of applicable taxes. Prices are subject to change. However, such changes will not impact the price or the description of the items for which you have already submitted a purchase request.

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You may pay for your order using the payment methods available on the Site. The price for the purchase of items and the corresponding costs for shipping, delivery, and/or tax, as indicated by Company, may be charged to your chosen available payment method. You agree to pay Company (or our authorized vendors or affiliates) in full as identified in the purchase process via the Sites or the third party method. To ensure that your credit or debit card is not being used without your consent, Company (or our authorized vendors or affiliates) may validate your name, address, and certain other personal information supplied by you in placing the order. Company reserves the right to implement any additional and/or other payment security system from time to time.

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The appearance of items displayed on the Site may not exactly correspond to actual items in terms of image, dimensions, and color depending on your Internet browser and/or your monitor quality.

 

4. Refunds and Returns

Refunds or returns, for whatever reason, if available for the product or service ordered, of any payment to be received by you may take place using the same method of payment you chose during the check- out procedure. Company, including any of its authorized vendors or affiliates, will not be responsible for any delays or conditions beyond its control, including without limitation delays caused by the method of payment/refund.

 

5. Subscription Options

You do not have to set up User Account with us to access or use most of the information available through the Site. If any portion of the Site require you to open a User Account, you must be eighteen (18) years of age or older and complete the registration process by providing EliteATS with current, complete, and accurate information, as prompted by the applicable registration form or process (“Subscription Agreement”). By entering into a Subscription Agreement, you represent and warrant that any information that you submit to us is true and accurate and that you are eighteen (18) years of age or older and are fully able and competent to enter into and abide by these Terms and the terms of the Subscription Agreement. You further agree to (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, subscription, and/or registration forms within our registration process (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (e) notify us immediately of any unauthorized access to or use of your User Account or any other breach of security by emailing us at eliteats.co@gmail.com. Access to or use of the Services is void where prohibited.

 

6. Free Trial Options

Company offers or may offer a range of subscription plans for its Site, which may be selected as you set up a User Account, access or use the Site, and/or enter into a Subscription Agreement with us. Certain aspects of the Site may begin with or have an optional a free trial period, and/or a ramping up period where you are able to explore the scope of Site offered under our Subscription Agreements without charge (“Free Trial”). Not all of the Site or functionality of such may be available during a Free Trial period. We reserve the right to determine if you are eligible for a Free Trial and to discontinue any Free Trial without notice for any or no reason. We also reserve the right to modify, cancel, and or limit a Free Trial without notice at any time.

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Each Free Trial and/or subscription term will begin on the Start Date as set forth in the Subscription Agreement or as otherwise set by Company (or at the end of your Free Trial) and will continue for the term length as set forth in the Subscription Agreement. Your subscription will automatically renew unless you or we terminate pursuant to these Terms. The renewal terms will be for additional terms equal to the expiring subscription term and on or in connection with the current Terms and the provisions of your Subscription Agreement, subject to the renewal pricing provided for in your Subscription Agreement or, if not specified in your Subscription Agreement, on our standard pricing as may be available through our Site. You are responsible for all fees related to your initial term as well as any renewal terms.

If you wish to upgrade your subscription level or certain portions of such, please contact us at eliteats.co@gmail.com or via your User Account. Upgrading your subscription may require a new Subscription Agreement to be executed. Any discounts applied to a previous subscription or an initial term may not apply to a renewed subscription, including to any automatic renewals.

 

7. Fees and Payments

Payment and pricing terms for those portions of the Site requiring such are as specified in the Subscription Agreement utilized to order Site subscriptions or as otherwise set forth by us from time to time. By entering into a Subscription Agreement you agree to pay Company all subscription fees indicated, any other fees for additional services you may purchase, and any applicable taxes in connection with your access to or use of such. All fees charged by Company are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties excluding taxes based solely on Company’s income. For any paid Site services, including Subscription Agreements or other services or features available only to a certain User Account, after seven (7) days, unless otherwise agreed by both you and us and memorialized in your Subscription Agreement or other relevant agreement, all sales are final, all invoices due net thirty (30) upon receipt, and consistent with other provisions in the Terms, Company is not obligated to issue refunds, including for prepaid fees.

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Unless otherwise agreed by both you and us and memorialized in your Subscription Agreement, all payments due will be charged on the day you sign up for such or enter into a subscription for such and will cover access to or use of such for a period as indicated or the term for which you subscribed. Payments are made for the upcoming billing cycle and are immediately due upon the first day of such. You will be billed for the relevant services, access, or content, as applicable, until you properly terminate your subscription (and corresponding User Account, if any) or Company terminates your Subscription Agreement and/or User Account. Your termination may not take effect until completion of the billing cycle for the then-current term.

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We will bill the fees due under your Subscription Agreement or for any other agreed-to services to the credit card or other payment option you provide to us or select during registration (or to a different credit card or payment option if you change your payment information). You acknowledge that the amount billed for each renewal term may vary due to promotional offers, changes in the subscription or Site, changes to our standard pricing, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts. You also authorize your credit card issuer, bank, or payment service to pay any amounts described herein and associated with your User Account and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account, bank account, or payment service account until you or we terminate your Subscription Agreement as provided herein or these amounts are paid in full, whichever is later.

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You represent and warrant that you are authorized to use such credit card, bank, or payment service for the purpose of purchasing such subscriptions, products, or services from us. You further authorize us to store your credit card, bank, and/or payment service information. You must of course provide us with current, complete, and accurate billing, credit card, and Registration Data information. At the beginning of each billing cycle Company will make attempts to charge the applicable fee to the credit card, bank, or payment service on record, and if we are unable to process the payment due, the relevant subscriptions, products, or services, and your access to them, will be immediately disabled. You must also promptly update all billing information to keep your User Account and Registration Data current, complete, and accurate, and you must promptly contact Company if your credit card or other relevant account information is lost, stolen, compromised, or if you become aware of a potential breach of account security. You authorize us to obtain or determine updated or replacement expiration dates for your credit card or other payment method in the event that such, as you provided to us, expires or is terminated. We reserve the right to charge any renewal card or payment method issued to you to the same extent as the expired or terminated card or payment method. If payment is not received from your credit card issuer, bank, or payment service, you agree to pay all amounts due upon demand. You also agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. Unless otherwise stated, all fees are quoted in U.S. Dollars. Company reserves the right, with respect to any amount not paid when due, to charge a finance charge equal to one and one-half percent (1.5%) of the unpaid balance per month or the highest rate permitted by applicable usury law, whichever is less, determined and compounded daily from the date due until the date paid.

 

8. Termination

You are solely responsible for properly closing any User Account or terminating any Subscription Agreement you may have with us if you no longer desire to pay for or use the relevant subscriptions, products, or services. Written notice of termination by either you or us must be sent forty-eight (48) hours prior to your renewal date, or pursuant to the terms of any User Account or Subscription Agreement, and such termination becomes effective at the end of the then-current subscription term. Termination is not available during any designated free trial period. To close your User Account or terminate your Subscription Agreement, please email us at eliteats.co@gmail.com or as otherwise indicated by Company from time to time. Suspension, amendment, or termination does not relieve your obligation to pay amounts due and owing to Company.

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If you do not amend your subscription to another subscription, upon terminating your Subscription Agreement or any User Account you have with us you will immediately lose all access to the relevant subscriptions, products, or services and any data or information stored within your User Account or associated with the canceled Subscription Agreement.

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If you upgrade or downgrade your Subscription Agreement, your credit card or other payment provider as indicated in your User Account information may be immediately charged for the new subscription fees as stated in your new Subscription Agreement. Any downgrading of your subscription becomes effective at the end of your then-current subscription term, and may cause the loss of User Account content, features, or capacity. Company disclaims liability for any such loss.

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Upon suspension or termination for any reason, Company will cease providing the suspended or terminated Services; Company shall delete or confirm you have deleted all copies of any relevant Company software or data from your web page(s) or computers; any outstanding balance you owe to Company will become immediately due and payable and any collection expenses incurred will be included in the amount owed; you will not be entitled to any refunds of any subscription fees or any other fees, unless expressly agreed by Company; and all of your historical report data will no longer be available to you through Company. Refunds are not granted after seven (7) days after the start of your Subscription Agreement, or at any time if any coupon or discount has been applied or if you have participated in the Free Trial option. You understand and acknowledge that, unless and until all Company software and data is deleted from your web page, computers, or User Account, we may continue to track data on an automated basis. Upon termination, you agree to discontinue all use of the Services and to delete any Confidential Information (as defined herein) in your systems within one hundred eighty (180) days after the effective date of termination.

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Company may terminate or suspend your access to use the Site, and to block or prevent your future access to and use of the Site, without prior notice or liability, if you breach this Agreement, or for any other reason.

 

9. Copyright Issues

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Site for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the Site for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Site for any users for reasons of our own discretion, that we are not obligated to reveal, at any time.

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10. Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

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11. Liability Release, Waiver and Indemnity

First, Last (“Client”) hereby to the fullest extent permitted by law, will, at their expense, indemnify, defend, and hold (“Company”) and its affiliates, and their respective directors, officers, employees, agents, and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, damages, losses, judgements, amounts agreed upon in settlement, costs, and expenses of any nature whatsoever (including, without limitation, reasonable attorneys’ fees with interest and disbursements) arising out of, relating to, or in connection with, in whole or in part: any act or omission, or alleged act or omission, of Client; any breach of this Agreement by Client noncompliance with applicable consulting advice, law, code, rule, regulation, or order: and any claim or action, or threatened claim or action, made for bodily injury, sickness, or disease, including death, by anyone, or for damage to property resulting from any act or omission or alleged act or omission by the Client. The Client will further indemnify the Indemnified Parties against any and all costs and fees (including, without limitation, reasonable attorneys’ fees with interest and disbursements) incurred by the Indemnified Parties in connection with any investigation or the preparation related thereto or in the enforcement of the indemnity obligations under this Agreement. The Indemnified Parties are entitled to reimbursement of their attorneys’ fees and expenses from the inception of the loss, damage, claim, or demand and not from the date of tender. The indemnity contained herein will be in addition to and not in limitation upon and right of common law indemnity.

 

The Client hereby waives and releases Company from any and all liability or fault for any injuries, damages, expenses, or otherwise that may arise directly or indirectly from any causes related to the provision of services by Company or, owners, affiliates and subcontractors (collectively “Company Parties”) under this or any other agreement, including any negligence. This waiver and release of liability is executed by Client without reliance upon any promise, inducement, statements or a representation by Company, or their representatives or attorneys. This waiver and release of liability shall bind the Client, the Client’s hairs, successors, representatives and assigns. The Client agrees that the terms of this release and waiver are clear, and that there are no other understandings or agreements concerning this subject matter other than as set out above, and the Client voluntarily consents to all the terms and provisions herein.

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12. Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

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13. Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

 

14. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

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• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

 

Company are not a physician or registered dietitian. The contents of this application document should not be taken as medical advice. It is not intended to diagnose, treat, cure, or prevent any health problem - nor is it intended to replace the advice of a physician. Always consult your physician or qualified health professional on any matters regarding your health.

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The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

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As long as the website and the information and services on the website are provided, we will not be liable for any loss or damage of any nature.

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