1.1 These Terms & Conditions for Use of www.rewardsinsights.com (the “Terms”) constitute the agreement between Elites Consulting, LLC (“Elites Consulting,“ “we,” “us,” or “our”) and you as a user who accesses, subscribes to access, or otherwise establishes a connection (“user,” “you,” or “your”) to the world wide web site known as www.rewardsinsights.com (including any sub-domains) (collectively the “Site”) and any related products and services purchased from the Site or us. Our provision of the Site and related products and services, are collectively called the “Services.”
1.3 Our Services are intended for general audiences over the age of 13 years old. We do not knowingly collect information from children under the age of 13 years old. IF YOU ARE NOT AT LEAST 13 YEARS OLD, DO NOT USE THE SERVICES OR THIS SITE.
1.4 You must agree to abide by all of the provisions of these Terms in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by these Terms. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of these Terms. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Site through you or using your name, username and/or password.
1.5 We reserve the right, in our sole discretion, to change any or all of the provisions of these Terms at any time. We will notify you of any material changes by posting them on the Site or through other reasonable means of providing notice. Any changes to these Terms will be effective immediately upon notice to you unless we advise otherwise. Your use of the Site after notice of changes to these Terms will be deemed your acceptance of the changes. We reserve the right, in our sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Services.
1.6 IF YOU DO NOT AGREE TO THE PROVISIONS OF THESE TERMS OR ARE NOT SATISFIED WITH THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES, AS APPLICABLE. YOUR CONTINUED USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.
2.1 You will use the Site, Services and any tools, features, content, material, or information found on the Site solely for lawful purposes. You will not allow any third party to access the Site through your account, upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
2.2 You warrant that any material or information that you make available through the Site, including, for example, any postings to comment sections and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
2.3 By making any material or information available through the Site, you automatically grant to Elites Consulting a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use.
2.4 We have no obligation to, and do not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and we are not responsible for any content of this material or information. However, we reserve the right to delete, move, or edit any material or information that Elites Consulting deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, we reserve the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
2.5 We reserve the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity.
2.6 The Site and Services may provide links to other sites or resources. Because we do not review nor have control over such sites and resources, we shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Elites Consulting of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third party websites may have certain restrictions on its use or distribution which differ from this agreement.
3.1 All content provided on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Elites Consulting. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Elites Consulting, Any and all trademarks appearing on the Site are the property of Elites Consulting or their respective owners.
3.2 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You agree that all rights to the Site, content and any derivative work will remain with us. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of Elites Consulting and the copyright owner. You will not make any changes to any content that you are permitted to download under these Terms, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.
4.1. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER ELITES CONSULTING, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ELITES CONSULTING MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE MATERIALS OR SERVICES ARE SUITABLE FOR YOUR NEEDS, ARE COMPLETE, TIMELY, RELIABLE, OR ARE FREE FROM ERRORS, INACCURACIES OR TYPOGRAPHICAL MISTAKES. ELITES CONSULTING DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE OR HARMFUL CODE. ELITES CONSULTING ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE OR ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, COMPUTER VIRUS, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.
4.3. TO THE MAXIMUM EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, GROSS NEGLIGENCE, WILL ELITES CONSULTING (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, AND/OR INCIDENTAL, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TOOL, CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ELITES CONSULTING (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
You agree to defend, indemnify and hold harmless Elites Consulting (and any of its parents, subsidiaries, affiliates, owners, shareholders, members, officers, directors, managers, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Site, the Services or your breach of any provision of these Terms. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
You will contact us by submitting your message via email@example.com. We will contact you by the e-mail address you provide to us, or by posting a notice on the Site.
We may terminate these Terms and your use of the Site at any time. We also have the right to immediately terminate your use of the Site in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.
Any dispute, controversy, or claim arising under or relating to these Terms, the Services, the Site, or your use of the Site or Services (collectively a "Dispute") shall be governed exclusively by the laws of New Mexico, without giving effect to its conflict of laws principles. You expressly agree and consent that any Dispute must be filed and brought in a private and confidential binding arbitration in Albuquerque, New Mexico before a single arbitrator, and waive any objections to forum, jurisdiction, or venue. The single arbitrator shall be an individual located in New Mexico from the National Academy Distinguished Neutrals.
You agree that any Dispute must be brought individually and You shall not join your Dispute with a Dispute of any other person or entity or bring, join or participate in a class action against Elites Consulting, except as permitted by applicable law. Notwithstanding the foregoing, and without waving its rights to pursue other remedies through arbitration, Elites Consulting reserves the right to pursue injunctive or other equitable relief through the courts to protect intellectual property rights and/or confidential information.
These Terms and any posted rules on the Site constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Elites Consulting of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Our agreement will be binding upon and inure to the benefit of Elites Consulting and its successors, trustees, and permitted assignees. We may assign this agreement or any of its rights or obligations under these Terms with or without notice to you.