Terms and Conditions of Use Of Elite Auto Squad Inc. Website
We are pleased that you have elected to visit this Website (referred to herein as the “Website” or the “Site”), operated by, or on behalf of Elite Auto Squad Inc. ("EAS").
Use of this Website
This Website is controlled and operated by EAS from its offices in the United States of America, and is intended for use in the United States, and its territories and possessions. EAS makes no representation that this Website, or the materials contained hereon, are appropriate for users located in other countries. Those who choose to access this Site from other countries do so on their own initiative and are responsible for compliance with all laws in that country, if and to the extent that such laws are applicable.
By accepting these Terms and Conditions, and/or entering and participating in the activities offered on this Site, you affirm, represent and warrant that: (a) you are 18 years of age or older; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms and Conditions; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.
EAS may terminate your right to access and/or use this Website at any time and for any reason whatsoever.
Changes to the Terms and Conditions
From time to time, these Terms and Conditions may change. EAS reserves the right to modify these Terms and Conditions without prior individual notice. We will post changes to the Terms and Conditions on this Website and changes will become effective once posted. Your continued access to or use of the Website will be deemed as acceptance by you of the then-current Terms and Conditions. Please review these Terms and Conditions often so that you will remain abreast of our current policies.
You can tell when the Terms and Conditions were last modified by checking the “last updated” date that appears at the top.
Use of Materials
Materials displayed on and/or accessed through this Website, including but not limited to informational materials, audio files, images, logos, and trademarks (collectively referred to as the "Material"), are protected under various intellectual property laws and owned or controlled by EAS, or used with permission of the owner(s) of such Material. The display of Materials at this Website does not imply that a license of any kind has been granted to you.
EAS hereby grants you permission to use the Website as set forth in these Terms and Conditions, provided that:
(i) your use of the Website as permitted is solely for your personal use unless otherwise agreed to by EAS;
(ii) you will not copy or distribute any part of the Website in any medium and you will not “frame” the Website or any Materials in any site you create or operate without EAS’s prior written authorization; you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website; and,
(iii) you will otherwise comply with these Terms and Conditions and all applicable laws.
In order to access some features of the Website, you may have to create an account. When creating an account, you must provide your accurate and complete personal information and you may not use a fake identity or any other individual’s identity.
Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of EAS, is prohibited. You may download digital files where expressly permitted. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.
By providing links to other websites that are not controlled and/or maintained by EAS, EAS shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. EAS is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or Terms and Conditions of use that differ from those of the EAS Website and/or may provide their users with less security than the EAS Website. Accordingly, you should review the privacy policies and Terms and Conditions on such other sites before using them.
When you create an account (for example, in connection with purchasing a product through the Website), you will be asked to choose a password which you shall use to access the secure portion of the Website, and which may be required when you are seeking to participate in certain offerings of the Site. You are responsible for maintaining the confidentiality of your password. You agree not to (i) use the account, username or password of any other user of the Site at any time, (ii) share your account, or (iii) disclose your password to any third party. You agree to notify EAS immediately if you suspect any unauthorized access to or use of your account or password. You are solely responsible for any and all use of your account and password.
You may not use the Website or any Materials provided herein in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by EAS’s management.
User Submitted Content
On certain sections of this Site, users may be permitted to: post, display and/or publish (“post”) comments about EAS’s products or other materials (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that EAS has no responsibility for, and makes no representations concerning, any User Content posted at this Site and will not be liable for any User Content. With respect to all User Content that you post, you represent and warrant that: (i) the material is fully original to you; (ii) such User Content will not infringe or violate the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the Terms and Conditions; (iii) no money will be owing to any person or entity as a result of the posting of the User Content or its use as contemplated by these Terms and Conditions; and (iv) you will be responsible for all User Content submitted through your account, and for all purposes under these Terms and Conditions, all User Content submitted from your account shall be deemed to have been submitted by you.
EAS does not monitor User Content. EAS has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under this Agreement, at law or in equity, EAS reserves the right, in its sole and absolute discretion, to remove without notice, or refuse to post in the first instance, any User Content.
Any private or public communications, including any User Content, sought to be posted at the Site must conform, in the sole and exclusive opinion of EAS, to the following rules and standards. It must: (i) conform to all applicable laws, including intellectual property, privacy and defamation laws, (ii) be appropriate in the context of the general purposes of the Site; (ii) not be vulgar, derogatory, obscene, pornographic, patently offensive, defamatory hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other user of the Site; (iv) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (v) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; and (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by these Terms and Conditions.
User Content License
After posting your User Content on or through the Website, you will continue to retain all ownership rights in such User Content except as specifically set forth herein. However, by posting any User Content on or through the Website, you hereby agree to abide by the Terms and Conditions and grant to EAS absolutely and without any restriction or limitation whatsoever, a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, fully paid, sublicensable (through multiple tiers) and transferable license to use, adapt, modify, publicly perform, publicly display, publish, republish, copy, broadcast, transmit, reproduce, edit, distort, aggregate, translate, reformat, prepare derivative works based upon, distribute and otherwise exploit such User Content, in whole or in part and in any media now known or hereafter developed, in connection with the Website and the promotion and marketing of the Website and of EAS and its related entities and each of their respective products and services (collectively, the “Services”), and irrevocably waive any and all “moral rights” (howsoever known) you may have in such User Content and/or consent to EAS (or any of its nominees, licensees or successors) engaging in conduct which may otherwise infringe any “moral rights” in your User Content. Further, you understand and agree that EAS may retain, but not display, distribute or perform, server copies of User Content that has been deleted or removed. You understand that EAS performs technical functions necessary to offer the Website and its Services, including but not limited to transcoding and/or reformatting content to allow its use through the Website. You agree that you will make no commercial use of any User Content obtained through this Site, without the express written agreement of EAS.
You represent and warrant that:
(a) You own the content or material that you post on or through the Website.
(b) As at the date that such content or material is submitted:
(i) It is accurate and truthful;
(ii) Use of the content and material does not breach these Terms and Conditions or any other applicable policies or guidelines communicated to you by or on behalf of EAS;
(iii) Use of the content or material you supply will not cause injury to any person or entity (including that the content or material is not defamatory).
Copyright Infringement - Notice and Take-Down Policy
EAS values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, then pursuant to Title 17, United States Code, § 512, you may notify EAS's Designated Agent in writing as follows:
Name of Designated Agent: Geralyn Timmins
1178 Broadway, 3rd Floor #1212
New York, New York
United States of America
In your notice, you must include the following:
(i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;
(iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow EAS to locate such materials;
(iv) contact information (i.e., name, address, email address) sufficient to enable EAS to contact you;
(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of, the owner of the exclusive right that is allegedly being infringed.
Certain pages or sections of this Website may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. In the event that there is a conflict between such additional or different terms and conditions of use and these Terms and Conditions, the additional or different terms and conditions of use will govern with respect to the specific pages or sections to which they apply.
Limitation of Liability and Use Disclaimer
EAS endeavors to make sure that all information and data it originates on the Website is accurate. However, EAS is not responsible for any damages or loss related to the use of this Website.
THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. EAS RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND, TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES.
Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, EAS's liability is limited to the greatest extent allowable under applicable law.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.
To the extent that you have created a password and/or provided account information in connection with your use of this Website, you agree that you will be responsible for maintaining the confidentiality of your password and account information, and that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
You will indemnify EAS, and each of its parent, subsidiary and affiliated entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms and Conditions; (ii) your use of the Website; and/or (iii) any violation of these Terms and Conditions. You agree that your representations and warranties, and your obligation to indemnify EAS, shall survive beyond any term for which these Terms and Conditions are in effect.
When you communicate with EAS electronically, via email or otherwise, you consent to receive electronic communications from EAS. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by EAS satisfy any legal requirement that such communication be in writing..
With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and EAS shall have no obligation to protect your communications from disclosure; (ii) EAS shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) EAS shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Acquisition of Business
In the event that EAS and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of EAS and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, EAS will post a notice to such effect on this Website.
If you have any questions concerning this Website or any of the policies set forth in these Terms and Conditions, please contact us at legal@ eliteautosquad.com.
U.S. Export Controls
Software from or related to this Website (the "Software") may be subject to United States export controls or the export controls of other countries from where the Site may be accessed. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.
Disputes and Governing Law
Use of this Website and these Terms and Conditions shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms and Conditions is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms and Conditions shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms and Conditions to the extent necessary to make such portion of these Terms and Conditions enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms and Conditions would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms and Conditions. No narrowed construction, modification or invalidation of any portion of the Terms and Conditions shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by EAS of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and EAS’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of you clicking acceptance of these Terms and Conditions and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action you seek to bring arising out of or connected with this Website or the Materials shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Site you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms and Conditions or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, EAS may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by EAS in the event that EAS believes that there is a violation, or a threatened violation, of any of EAS’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
Updated: September 28th, 2019