P:  786-571-5728
E:  info@iamelitekm.com

TERMS OF SERVICE

The Terms of Service (a.k.a., the “Agreement”) was last updated October 1st, 2013. 

  

You agree to these terms by Using, Viewing, Browsing, Accessing, Submitting, Downloading and/or otherwise Visiting any part of IAMELITEKM.com/IAMELITEKRAVMAGA.com/kravmagabrickell.com (collectively hereinafter, “Site”)

Please read this Agreement carefully before accessing, browsing, viewing, and/or submitting of/to/from any part of the Site.  The following terms and conditions govern all viewing, using, downloading, accessing, browsing, and/or submitting of/to/from the Site and all content, services and products available at or through the Site.  The Site is owned and operated by I AM ELITE LLC d/b/a I AM ELITE KRAV MAGA (hereinafter, “I AM ELITE”). The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, I AM ELITE’S Privacy Policy) and procedures that may be published from time to time on this Site by I AM ELITE (collectively, the “Agreement”).

 

By using, downloading, accessing, browsing, viewing, and/or submitting of/to/from any part of the Site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access, browse, view, submit of/to/from this Site nor use, access, browse, or view, any of the Site’s services. If these terms and conditions are considered an offer by I AM ELITE, acceptance is expressly limited to these terms. The Site is available only to individuals who are at least 13 years old.

Access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing, using and/or otherwise visiting the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and I AM ELITE, Inc. (“I AM ELITE” “we” “us” or “our”) are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site immediately.

Ownership of Content

The Site and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by I AM ELITE or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of I AM ELITE or others. Your use of any Content, except as provided in these Terms of Use, without the prior written permission of the Content owner is strictly prohibited.

Termination

We reserve the right at any time to terminate your use and/or access to/of the Site, this Agreement or cease offering the service(s) or product(s), at any time if you fail to comply in full with any term of this Agreement, or any other terms, agreements, policies and/or for any reason in our sole discretion as it applies to the Site and the use and/or access of it.

Privacy

Any and All personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by I AM ELITE in accordance with the Site's Privacy Policy. Any and all other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

Disclaimer of Warranties

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, I AM ELITE neither warrants nor represents that your use of the Site or any Content on the Site will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any emails, transmissions, posts, and the like that may be on the Site, I AM ELITE assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained on the Site.

Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER I AM ELITE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARENT(S), OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS, EMPLOYEES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, CONTRIBUTING (TO) OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

MOREOVER, YOUR ACCESS AND USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE OF THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH USE OF THE SITE. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU ALSO UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED AND/OR VIEWED FROM AND/OR ON OR OTHERWISE PROVIDED THROUGH THE SITE. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY ON THE SITE, OR (B) THAT THE SERVICE(S) WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICE WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Links to Third Party Sites

The Site, Content, emails or other transmissions may contain links to sites owned or operated by parties other than I AM ELITE. Such links are provided for your convenience only. I AM ELITE does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, I AM ELITE specifically disclaims any responsibility if such sites:

  • infringe any third party's intellectual property rights;
  • are inaccurate, incomplete or misleading;
  • are not merchantable or fit for a particular purpose;
  • do not provide adequate security;
  • contain viruses or other items of a destructive nature; or
  • are libelous or defamatory.

Neither does I AM ELITE endorse the content, nor any products or services available, on such sites.

Revisions to the Terms

I AM ELITE may at any time, and without notice, revise these Terms of Use by updating this posting. By having accessed used, browsed, and/or otherwise visited this Site, you have agreed to be bound by any and all revisions and should therefore periodically visit this page to review the current Terms of Use.

Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Florida without regard to its choice of law provisions. The courts of general jurisdiction located within Miami-Dade County, Florida will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

 Reliance on the Site

 

You agree, accept and understand that the services and information provided and portrayed on the Site are neither always accurate nor complete. Therefore, you also agree, accept and understand that you will not rely on solely upon the Site, but rather will conduct independent research to verify all content provided by the Site and/or portrayed on the Site. 

 

Use License

 

Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;

use the materials for any commercial purpose or activity, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software contained on the Site;

remove any copyright or other proprietary notations from the materials; or

transfer the materials to another person or "mirror" the materials on any other server.

 

You agree that your use of this Site and/or services on this Site is subject to all applicable local, state, national and international laws and regulations.

 

You also agree:

to comply with all US law(s) and local law(s) and/or rules regarding online conduct, acceptable material(s), and/or the transmission of technical data exported through the Site or any service provided by the Site and/or I AM ELITE and/or I AM

ELITE KRAV MAGA from the US or the country in which you reside;

not to host, submit content to or use the Site or its services without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a "Minor");

not to use the Site for any illegal and/or unlawful purposes\;

not to commit any acts of infringement on the Site or with respect to content on the Site;

not to copy any Site content for republication, whether in print or on-line;

not to create, use, post and/or maintain an account for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, and linking to any commercial or other website from an account;

not to attempt to gain unauthorized access to other computer systems from or through the Site;

not to interfere with another person’s use and enjoyment of the Site or another entity’s use and enjoyment of the Site;

not to use the Site for chain letters, junk mail, spamming, or use of distribution lists;

not to upload or transmits viruses or other harmful, disruptive or destructive files;

not to disrupt, interfere with, or otherwise harm or violate the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites.

not to link or frame to any pages of this Site or any content contained therein, whether in whole or in part.

 

This use license shall automatically terminate if you violate any of these restrictions and may be terminated by I AM ELITE at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

Except as specifically authorized by I AM ELITE, you may not deep-link to the Site for any purpose or access the Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. I AM ELITE reserves all of its statutory and common law rights against any person or entity who violates this paragraph.

 

Any rights not expressly granted herein are reserved.

 

Harm from Commercial Use

 

You agree that the consequences of commercial use or re-publication may be so serious and

incalculable that monetary compensation may not be a sufficient or an appropriate remedy.

 

Your I AM ELITE Account and Site

 

 If you create an account on any part of the Site, in addition to all other terms of service, you

specifically understand, agree and accept that:

  1. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.
  2. You must immediately notify I AM ELITE of any unauthorized use(s) of your account and/or any other breaches of security. I AM ELITE will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  3. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others; and
  4. I AM ELITE may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause I AM ELITE, the Site, and/or any other person or entity, liability.

Responsibility of Contributors

 

      If you comment on any blog and/or social media page associated with the Site, post material to the Site, post links on the Site, and/or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Postings”), you are entirely responsible for the Postings of, and any harm resulting from, that Postings. That is the case regardless of whether the Postings in question constitute(s) any of the following, but not limited to the following: text, graphics, an audio file, a video file, or computer software.

     

      By making Postings available, you represent and warrant that:

the Postings do not/does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Postings;

you have fully complied with any third-party licenses relating to the Postings, and have done all things necessary to successfully pass through to end users any required terms;

the downloading, copying and use of the Postings will not infringe on any proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you have either (i.) received permission from your employer to post or make available the Postings, including but not limited to any software, or (ii.) secured from your employer a waiver as to all rights in or to the Postings;

the Postings is not/are not spam, is not/are not machine-or randomly-generated, and do not/does not contain unethical or unwanted commercial Postings designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

you have, in the case of Postings that include(s) computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Site, I AM ELITE or otherwise.

the Postings is not/are not libelous or defamatory, do not/does not contain threats or incite violence towards individuals or entities, and do not/does not violate the privacy or publicity rights of any third party;

your blog and/or account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

your blog and/or account is not named in a manner that misleads your readers into thinking that you are another person or company.

you are authorized by State, Federal and local law to do so.

 

By submitting Postings to the site, you grant the Site and I AM ELITE a worldwide, royalty-free, and non-exclusive license to reproduce, use, modify, adapt and publish the Postings, regardless if you later delete such Postings.

 

Without limiting any of those representations or warranties, I AM ELITE may, in I AM ELITE’s sole discretion (i) refuse or remove any Postings that, in I AM ELITE’s reasonable opinion, violates any I AM ELITE policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in I AM ELITE’s sole discretion.  You understand, agree, and accept that I AM ELITE will have no obligation to refund any amounts paid by you and if I AM ELITE does choose to repay you, that doing so shall not serve as any sort of admission on the part of I AM ELITE.  

 

Consideration

 

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use and/or viewing and/or browsing of the Site, any part of the Site, and/or receipt or use of data, content, products, services, material and information available at or through the Site, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and promotion from our review, use or display of your user-generated content.

 

Fees and Payments for Services

 

      Optional paid service are available on the Site. By selecting a paid service you agree to comply with the terms delineated for that Service.

 

You understand, agree, and accept that I AM ELITE will have no obligation to refund any amounts paid by you and if I AM ELITE does choose to repay you, that doing so shall not serve as any sort of admission on the part of I AM ELITE.  

 

Support

 

The Site provides email and phone support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by the Site to respond within one business day) concerning the use of the Site and or services offered on the Site.

 

 

Responsibility of Website Visitors

 

      I AM ELITE has not reviewed, and cannot review, all of the material, including but not limited to text, graphics, audio, video and computer software, posted to the Site, and cannot therefore be responsible for that material’s content, use or effects.  The materials appearing on the Site may include errors including but not limited to the following: technical, typographical, audio, visual and/or or photographic errors.  I AM ELITE does not warrant that any of the materials on the Site are accurate, complete, or current. Furthermore, I AM ELITE does not represent or imply that it endorses materials posted, or that it believes such materials to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain materials that violate privacy or publicity rights, or infringe upon intellectual property and/or other proprietary rights of third parties.  The downloading, copying or use of these materials mentioned in the previous sentence may be subject to additional terms and conditions, stated or unstated.  I AM ELITE disclaims any responsibility for any harm resulting from a visitor’s using the Site, and/or copying and/or downloading any content and/or materials there posted.

    

     You understand and agree that before You rely on anything that is written and/or that is posted and/or that appears on the Site, you must first contact I AM ELITE in writing (at 1200 Brickell Ave, Suite 1440, Miami, FL 33131) in order to receive confirmation of such from I AM ELITE.  Nothing appearing, and/or written, and/or posted on the Site is considered final until confirmed in a writing to You by an authorized representative of I AM ELITE.

 

Content Posted on Other Websites  

 

I AM ELITE may place on the Site links to other websites. While some of these websites may be affiliated with the Site, others may not.  You understand and agree that:

 

I AM ELITE has not reviewed, and cannot review, all of the material, including but not limited to text, graphics, audio, video and computer software, made available through the websites and webpages to which the Site links (i.e., advertisers and other service providers), and that link to the Site.

 

I AM ELITE does not have any control over those non-Site websites and webpages, and is not responsible for their contents or their use.

 

By linking to a non-Site website or webpage, I AM ELITE does not represent or imply that it endorses such website or webpage or any of the content on such website or webpage.

 

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 

 

If you decide to visit any of these other websites, you do so at your own risk.

 

I AM ELITE and the Site disclaim any and all responsibility for any and all harm resulting from your use of non-Site websites and webpages.

 

Copyright Infringement & Policy

 

As I AM ELITE asks others to respect its intellectual property rights, it does its very best to respect the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your intellectual property rights, you are encouraged to notify in writing I AM ELITE (at 1200 Brickell Ave, Suite 1440, Miami, FL 33131).  I AM ELITE will respond to all such notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the "DMCA"), including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of I AM ELITE or others, I AM ELITE may, in its sole discretion, terminate or deny access to and use of the Site.  In the case of such termination, I AM ELITE will have no obligation to provide a refund of any amounts previously paid by the user and/or visitor. 

 

Intellectual Property

 

This Agreement does not transfer from I AM ELITE to you any I AM ELITE or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with I AM ELITE.  I AM ELITE, I AM ELITE KRAV MAGA and any and all respective logo(s), copyrights, trademarks, service marks, graphics and logos that are used in connection in any way with I AM ELITE, I AM ELITE KRAV MAGA, and/or the Site, are trademarks and/or registered trademarks of I AM ELITE or I AM ELITE’s licensors.  Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use, copy or download, any I AM ELITE, I AM ELITE KRAV MAGA or third-party trademarks, copyrights, service marks, graphics, text, or logos.

 

Amendments to Terms of Agreement

 

I AM ELITE reserves the right, in its sole discretion, to, at any time, modify or replace any part of this Agreement.  It is your responsibility to check this Agreement for changes. You understand and agree that if you in anyway use the Site and/or any of its parts, after the date on which this Agreement has changed, then I AM ELITE will treat your use as acceptance of the updated Agreement.  Moreover, I AM ELITE may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement, unless otherwise noted.   

 

This Agreement constitutes the entire agreement between I AM ELITE and you, and may only be modified by a written amendment signed by an authorized executive of I AM ELITE, or by I AM ELITE’s posting of a revised Agreement on the Site.

 

 

 

Termination; Cancellation; Suspension

 

I AM ELITE may terminate, cancel, and/or suspend your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or any of your accounts associated in any way with the Site, I AM ELITE, and/or I AM ELITE KRAV MAGA, you must send a request in writing to I AM ELITE at info@iamelitekm.com.  Notwithstanding the foregoing, (a.) I AM ELITE may, in its sole discretion, refuse your request; and (b.) if you have an account on the Site and/or with I AM ELITE and/or I AM ELITE KRAV MAGA, then I AM ELITE, in its sole discretion, reserves the right to immediately terminate, suspend, and/or cancel your account(s); and (c.) I AM ELITE, in its sole discretion, reserves the right to immediately terminate, suspend, and/or cancel, the entire Site, and/or any of its subparts and/or services.  All provisions of this Agreement that by their nature should survive termination, suspension and/or cancellation, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties

 

The site is provided “as is”. I AM ELITE and its suppliers, contractors, and licensors hereby disclaim to the maximum extent permitted by law, all representations and warranties of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, TITLE, FREEDOM FROM COMPUTER VIRUS(ES), AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  Neither I AM ELITE nor its suppliers nor licensors, make any warranty that the site will be error free or that access thereto will be continuous or uninterrupted.  You understand and agree by using and/or otherwise accessing the site, that when you use and/or download from, or otherwise obtain content or services through the site, you do so at your own discretion and risk. 

 

Limitation of Liability

 

In no event, even if I AM ELITE or an I AM ELITE authorized representative has been notified orally or in writing of the possibility of damage, will I AM ELITE, or its suppliers, contractors, or licensors, be liable with respect to any subject matter of this agreement and/or any matter related in any way to the any of the services offered or rendred by I AM ELITE and/or the site, under any contract, tort, negligence, strict liability or any other legal or equitable theory for: (i) any direct, indirect, exemplary, special, incidental, punitive, or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use, inability to use, or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to I AM ELITE under this agreement during the twelve (12) month period prior to the cause of action.  I AM ELITE shall have no liability for any failure or delay due to matters beyond their reasonable control. 

 

YOU AND I AM ELITE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND I AM ELITE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

The foregoing shall not apply to the extent prohibited by applicable law. 

 

General Representation and Warranty

 

You represent and warrant that your use of the Site will (i.) be in strict accordance with the I AM ELITE Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside), and (ii.) not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification & hold harmless

 

You agree to indemnify and hold harmless I AM ELITE, their respective owners, directors, officers, employees and agents, its contractors, and its licensors, and their respective directors, officers, employees and agents, from and against any and all claims and expenses, including but not limited to reasonable attorneys’ fees, costs and expenses, and all judgments, whether as a result of settlement, suit, or arbitration, which arise out of, but not limited to, your use of and/or access to the site, whether in its entirety or ANY OF ITS PARTS, and/or your violating of (a.) any part of this Agreement, and/or (b.) any law.

 

Special disclaimer regarding personally identifiable information and data – I.E. ID FRAUD.  PROMISE TO HOLD HARMLESS, TO INDEMNIFY, AND NOT TO SUE

While I AM ELITE AIMS to prevent unauthorized persons from accessing personally identifiable information and data, you understand and agree that as a result of your using the site and/or any of the services offered by the site and/or I AM ELITE, personally identifiable information and/or data, including but not limited to social security numbers, credit card information, phone numbers, addresses, and names, MAY BE STOLEN AND/OR ACCESSED BY unauthorized persons.  IN EXCHANGE FOR I AM ELITE ALLOWING YOU TO VISIT the site AND/OR TO MAKE USE OF ANY OF i am elite and/or the site’s SERVICES, YOU AGREE, IN THE EVENT THAT ANY personally identifiable information and/OR data IS COMPROMISED AND/OR STOLEN (1.) NOT TO SUE I AM ELITE, and (2.) TO FULLY indemnify and hold harmless I AM ELITE, their respective owners, directors, officers, employees and agents, its contractors, and its licensors, and their respective directors, officers, employees and agents, from and against any and all claims and expenses, including but not limited to reasonable attorneys’ fees, costs and expenses, and all judgments, whether as a result of settlement, suit, or arbitration.

 

Destruction and Retention of Information Gathered by I AM ELITE

By accessing, browsing, downloading from, and/or otherwise using any part of the Site, you unconditionally permit, without reservation, the Site, I AM ELITE and all of their service providers and advertisers the ability to collect and store everything (“Information”) which you type into or submit to the Site and/or provide to I AM ELITE.  Moreover, you also agree that there is no particular amount of time that I AM ELITE must keep such Information and that I AM ELITE retains the exclusive right both to keep and destroy such Information at any time and in any manner as I AM ELITE sees fit. 

Governing Law

 

Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Site shall be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions.  Moreover, the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Miami-Dade County, Florida.  If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

 

Arbitration

 

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court who has jurisdiction to preside over the matter AND IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in palm beach county, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

 

Dispute Resolution by Mediation & Arbitration Only

 

If a dispute arises out of/from and/or relates in any way to this Agreement and/or the Site and/or You and I AM ELITE, and if said dispute cannot be settled through negotiation, then You agree first to try in good faith to settle the dispute by mediation before resorting to arbitration.  Any dispute arising out of/from or relating to this Agreement and/or the Site and/or You and I AM ELITE, that cannot be resolved by mediation within 30 calendar days, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in Miami-Dade County, Florida, in accordance with the United States Arbitration Act. If all disputing parties agree in writing, then one arbitrator shall be sufficient to conduct the arbitration.  Otherwise there shall be three arbitrators, named in accordance with the American Arbitration Association’s Commercial Arbitration Rules.  The losing party in the arbitration shall timely reimburse, as ordered by the arbitrator(s), the prevailing party in the arbitration arising out of/from or related to this Agreement and/or the Site and/or You and I AM ELITE for all out-of-pocket costs and expenses (including reasonable attorneys’ fees) incurred by the prevailing party in connection with such arbitration.  The award of the arbitrators shall be accompanied by a statement of the reasons upon which the award is based.  The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and reasonable attorneys’ fees.

 

Waiver

 

A waiver by You and/or I AM ELITE of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

     

 

 

Assignment 

 

You may only assign your rights under this Agreement after you have first procured the written consent of an executive of I AM ELITE.

 

I AM ELITE may, at any time, without condition, and in its sole discretion, assign any and/or all right(s) under this Agreement.  This Agreement will be binding upon and will inure to the benefit of I AM ELITE, its successors and permitted assigns.

 

Entirety of Terms in the Agreement 

The terms of this Agreement and the Agreement itself (a.) constitute the entire legal agreement between you and I AM ELITE; (b.) govern your use of all parts of the Site; (c.) apply to those parts of the Site for which I AM ELITE also lists additional and/or alternative terms; and (d.) completely replace any prior agreements between you and I AM ELITE in relation to the use and/or access to the Site and/or any of its parts.