Elite Terms of Use

I | This site is ours and we’re proud of it

We (Elite Specialty Staffing, LLC), own Our Website and all of the text, images, software, trademarks, service marks or other material contained on Our Website (“Our Platform”). You will not copy or transmit any of the Elite platform, except for your personal, non-commercial use on your device. All copyright, trademark and other proprietary rights notices included in the Elite platform as presented at Our Website must appear on all copies you print. Other product, service, or company designations on Our Website belong to their respective owners (“Other Guys”) and may be mentioned in Our Website for identification purposes only. You should contact the appropriate Other Guys for more complete information regarding such designations and their registration status. Your use of and access to Our Website do not grant you any license or right to use any of the marks included on Our Website.

II | Elite and You – Our Agreement

These terms constitute a legal agreement between Elite (“Elite”, “we”, “Our Website”, “Our Platform”) and the client (“you”, “your”). These terms govern your use of Our Website. For the purposes of these terms, “client” means the company or other organization or individual that is using Our Platform in any way considered “reasonable usage” by us. If you are entering into these terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these terms on behalf of such company or other organization.

We have the right to monitor your compliance of these terms. If any such monitoring reveals that you have exceeded any usage limitations or otherwise are not using the Website or the Platform in compliance with these terms, then you will remedy any such non-compliance within three (3) business days of receiving notice from us, including, if applicable, through the payment of additional Subscription Fees.

III | Your data and the Golden Rule

We will use Your Data (“your stuff”) to provide agreed upon services and as permitted by these terms; and our Privacy Policy. You acknowledge and agree that in order to provide service, we may: (i) copy your stuff that you store on our servers or on a third-party service to which you facilitate our access via an API (“application programming interface” or other means); and (ii) modify and transfer your stuff back to such third party, all subject to such third party’s terms of service governing your stuff. We will retain an archival copy of your stuff, unless you provide us written notice to delete your stuff. You shall have sole responsibility for the accuracy, quality, and legality of your stuff.

You agree to remove any information you do not want shared with Our Platform before transferring your stuff to us. We will not have any liability that may result from your disclosure of such information to us. We shall utilize commercially reasonable physical, managerial, and technical safeguards to secure your stuff on Our Platform from unauthorized and unwanted use or disclosure.

We may monitor the performance and use of Our Website and Our Platform by all of our customers, combine this data (“our stuff”) with other data including your stuff, and use such combined data in any way we see fit. You hereby agree that we may collect, use, and publish such aggregate data for the purpose of creating additional products, improving current products, and to create statistics regarding our customer base. Examples of our use of our stuff include, but are not limited to, statistics aggregated across all of our clients, the number of users of Our Platform, revenue, number of transactions, and growth rates.

Elite will: (a) protect the confidentiality of your stuff and confidential information using the same degree of care that it uses with its own stuff and confidential information, but with no less than reasonable care; (b) not use any of your stuff or confidential information for any purpose outside these terms; and (c) not disclose your stuff and confidential information to any party other than our personnel, contractors, advisors, and agents. If Elite is legally compelled to disclose any of your stuff or confidential information, Elite will provide you prior written notice of such requirement so that you may seek a protective order or other appropriate remedy with these terms.

IV | Here’s how the cookie crumbles

According to these terms or a signed contract, you authorize us to charge a credit card which belongs to you where applicable for: (i) subscription fees, we may automatically charge them in advance at the beginning of an Initial Subscription Term described in the software and at the beginning of any Renewal Subscription Term; and (ii) for any upgrades to the services or products that you order we may automatically charge them at the time of the order. You also authorize us to use a third party to process payments and hereby consent to the disclosure of your billing information to whatever third party we deem most appropriate for successful operations of Elite. You may receive a receipt upon our receipt of payment. All fees payable under these terms are non-cancelable and all payments made are non-refundable.

These terms commence on the date you sign up for Our Platform, or the agreed date noted in your signed contract and continue in perpetuity based on the billing terms presented to you at the conclusion of your registration on Our Platform. If a contract was signed initiating your relationship with Elite, upon reaching the end of your contract length your subscription shall automatically renew for a successive twelve (12) month period unless either party provides written notice to the other party of its desire not to renew at least thirty-days (30) prior to the commencement of the applicable subscription term.

Either party may terminate a contract only if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation, or assignment for the benefit of creditors. These terms, and/or your contract may not otherwise be terminated prior to the end of the contract length outlined in your signed contract.

Upon termination or expiration of your contract, we will stop providing service and access to Our Platform, and you will stop all use of Our Platform. If we terminate your contract we may automatically charge your credit card, all unpaid fees due through the end of the agreed contract length.

We may also suspend your contract upon ten (10) days’ notice to you if any undisputed payment due to Elite is over thirty (15) days past due, and such failure to pay will be considered a breach of your contract. We will not suspend service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If your service is suspended for non-payment, we may charge a re-activation fee. You will also promptly reimburse us for any expenses of collection, including costs, disbursements, and reasonable outside legal fees we incur, to the extent necessitated by your refusal to pay amounts that you are not disputing in good faith.

V | This is our really boring – but very important Limitation of Liability

We (That is all of us at Elite, officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or your use of Our Platform (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, or our content; (ii) any failure or delay (iii) the performance or non-performance by us. Some states do not allow the limitation of liability, so the limitations above may not apply to you if you reside in an applicable state.

VI | This is also very boring – but important; Our Warranty Disclaimer

Elite expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Elite makes no warranty, and expressly disclaims any obligation, that: (a) Our Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of Our Website or any services offered through Our Website or (d) the quality of any products, services, information, or other material obtained by you through Our Website will meet your expectations.

VII | This part is for Our protection

Subject to these terms, you will defend, indemnify and hold us, and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these terms or the agreements made part of these terms by reference, your use of or access to Our Website.

You cannot and will not authorize, permit, or invite any third party to: (a) allow anyone other than registered users to access and use the Platform; (b) use any robot, spider, scraper or other automated means or interface not provided by us to access Our Website or extract data or gather or use information (c) impersonate or misrepresent your affiliation with any person or entity – this means that you under no circumstances can pretend you are Superman (or anyone else whom you are not) on Our Website or in your conversations with any of us here at Elite; (d) reverse engineer any licensed software, application, or any other aspect of Our Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of Our Website; or take any action which might impose a significant burden (as determined by us) on Our Website’s infrastructure, systems, or otherwise interfere with the ordinary operation of Our Website; (e) remove or modify any proprietary marking or restrictive legends placed on the Platform; (f) frame any part of Our Website, or link to Our Website, or otherwise represent that you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us to you; (g) use the Platform in violation of any Applicable Law or for any purpose not specifically permitted in these terms.

VIII | Pretty much everything else

Nothing contained in these terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these terms. We may assign our rights and duties under these terms without such assignment being considered a change to the Terms and without notice to you. We may modify these terms, at any time, by posting notice on Our Website. Your continued use of Our Website, following the posting of notice of any modification will be subject to the Terms in effect at the time of your use. Please review these terms periodically for changes. If you object to any provision of these terms or any subsequent modifications to these terms or become dissatisfied with Our Website, in any way, your only recourse is to immediately terminate use of Our Website after payment of the remainder of your contract length in full. Other terms and conditions may apply to our services to you through Our Website. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These terms, together with those agreements made a part of these terms by reference, make up the entire agreement between us relating to your use of Our Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website. The laws of the State of Utah (USA), without regard to its conflict of laws rules, will govern these terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website, or these terms, you agree to file such action only in the state and federal courts located in Salt Lake City, Utah (USA). In any such action or any action, we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these terms, will be resolved individually, without resort to any form of class action.

Except for your obligations to pay any sums due hereunder, neither party shall be deemed to be in breach of these terms and agreements.

IX | Elite is great thanks to You.

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them as quickly as we, or you would like. If we don’t reply don’t take that personal. Be proud of who you are, and what you bring to the team. We’re grateful you’d take the time to make a suggestion that helps make us better. Please note that we assume no responsibility for reviewing unsolicited ideas for Our Website (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Elite programs or content. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Elite Specialty Staffing, LLC.

You acknowledge that you have read and understood these terms, and that these terms have the same force and effect as a signed agreement.

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