Welcome to the EliteXC website!
This website, http://www.elitexc.com, is owned by ProElite, Inc. (the "Company" or "EliteXC"). The following terms and conditions of use (the "Terms of Use" or "Agreement") apply to any and all visitors to and users of this site (hereinafter referred to as "User" or "You"). All access to and use of this website and any services provided by this website are governed by these Terms of Use, as well as by the website's Terms & Conditions. Note that the use of certain material or the conduct of certain transactions on the site may be subject to additional terms and conditions that will be made available to User prior to using such material or completing such transactions. Also, note that, unless explicitly stated otherwise, any new features, products or services that change, augment or enhance the current services offered by this website shall be subject to and governed by these Terms of Use.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AND TO OUR Terms & Conditions AND YOUR AGREEMENT TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HERE AND IN OUR Terms & Conditions AND/OR DO NOT WISH TO BOUND BY THEM, YOU MAY NOT ACCESS OR USE THIS SITE AND YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY. THE COMPANY RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, ADD, REMOVE OR OTHERWISE TO MODIFY PORTIONS OF THESE TERMS OF USE AND/OR OF THE Terms & Conditions AT ANY TIME. PLEASE CHECK THESE TERMS OF USE AND THE Terms & Conditions PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY SUCH CHANGES SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THEM.
PLEASE NOTE THAT ONLY PERSONS AGED EIGHTEEN YEARS OR OVER MAY AGREE TO THESE TERMS OF USE. PERSONS YOUNGER THAN EIGHTEEN YEARS OF AGE MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES OFFERED THROUGH THE WEBSITE.
All content included on this site, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations, and software, is the property of EliteXC or of EliteXC's content suppliers or licensors and is protected by the laws of the United States and other countries and international treaties, except that certain uploaded materials may be the property of their respective owners or others. The compilation of content of this site is the property of EliteXC and is protected by the laws of the United States and other countries and international treaties. Certain logos and marks set forth on this website are the registered or unregistered trademarks of EliteXC in the United States. All other trademarks that are not owned by EliteXC that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to EliteXC. Except as otherwise provided within this Agreement, nothing contained on this site shall be construed as granting any license or right to User under any trademark, copyright, patent or other intellectual property right of EliteXC or any third party.
EliteXC grants You a limited license to access and to display portions of material from this site solely for User's personal, non-commercial use, except as otherwise provided on the site. In accordance with these Terms of Use, You are not permitted to download any material (including, without limitation, software, text, graphics, or other content), except for printing single copies of pages, as necessary to access and use the site for personal, non-commercial use provided that all downloaded material shall retain all copyright, trademark and/or other proprietary notices in the same form and in the same manner as such notices appear on the material or on the site. User may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software that You are permitted to download from this site, except as may be permitted by law. Except only as expressly provided within this site, this site (or any derivative work based on it), its contents or any other material from this site may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without EliteXC's prior express written consent. User may not otherwise reproduce, modify, distribute, transmit, post, or publish any material from the site without EliteXC's prior written consent. All rights not expressly granted to You here and/or within this site, including ownership and title, are reserved for EliteXC (or other owner) and are not transferred or licensed to You.
While visiting this site, User shall not submit, post, publish, distribute or transmit: (a) material that is illegal, indecent, vulgar, obscene, libelous, defamatory, harmful, threatening, abusive, harassing, tortious, hateful, racially, ethnic or otherwise objectionable, false or misleading; (b) material other than that which may be requested by an interactive application or tool on the site; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy, or other rights of third parties; (e) a computer virus, worm, Trojan horse, spyware, adware, or any other element that is destructive to the site or to any Company hardware or software accessible through the site or its third party hosting facility; (f) a digital or manual signature, password, or other element that impersonates a Company employee, associate or affiliate, or any forged TCP/IP headers or parts of a header; or (g) material that intentionally or unintentionally violates any applicable local, state, national or international law or any regulations or rules having the force of law.
This site may include materials and content owned by third parties, as well as links to websites owned by third parties. Access to and use of any of this third party content or material is at the User's own risk. Please exercise discretion while browsing the Internet. You should be aware that, while you are on this site, You could be directed to other sites that are beyond the control of EliteXC. There are links to other sites from EliteXC's pages that take You outside of EliteXC's site and its services. This may include links from affiliates, business partners, sponsors, content providers or others that may or may not use EliteXC's logo(s) and/or trademark(s) as part of a co-branding or other agreement. These other sites may send their own "cookies" to Users, collect data, solicit personal information, or contain information that You may find inappropriate or offensive. While EliteXC reserves the right to disable links from third party sites to this site or vice versa, it makes no representations concerning the content of sites linked to this site or listed or set forth anywhere within this site. EliteXC makes no claim or representation regarding, and accepts no responsibility for any content, accuracy, or reliability of information, data, opinions, advice, statements, products, or materials on such third party sites, nor does it assume responsibility for Your reliance on or use of content, products, or other materials obtained from such sites. Such reliance is at your own risk. Moreover, EliteXC cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to this site or listed or set forth anywhere within this site.
EliteXC's inclusion of any third party material or content on this site shall not be construed as EliteXC's endorsement of any third party or the third party material or content, and no rights or license are granted to User in any of the third party material or content. User agrees to defend and hold EliteXC harmless from any liability that may result from User's use of any third party material or content that User accessed through or on this site.
This site may feature certain sweepstakes or contests that may be sponsored by the Company and/or by certain of the Company's outsource partners, affiliates, sponsors or other third parties. In connection with these sweepstakes or contests, You may asked to register with the site, which will require You to provide certain information about Yourself. To be eligible to participate in these sweepstakes or contests, You agree to provide true, accurate, current and complete information about Yourself as prompted by whatever registration form You are asked to complete. You further agree to refrain from impersonating or falsely representing Your affiliation with any person or entity.
For more information regarding EliteXC's use of this information or any other information You may provide to EliteXC, please read the EliteXC Terms & Conditions.
ALL MATERIALS IN THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SITE OR THE MATERIAL WITHIN THE SITE. FURTHERMORE, ANY INFORMATION OR OPINIONS EXPRESSED ON THIS SITE THROUGH IMAGES, MATERIAL, OR OTHER CONTENT OF FIGHTERS, INTERVIEWERS, AND INTERVIEWEES ARE NOT NECESSARILY THOSE OF ELITEXC OR ANY OF ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. TO THE FULLEST EXTENT PERMISSIBLE BY ALL APPLICABLE LAWS, ELITEXC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. ELITEXC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELITEXC ASSUMES NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS SITE OR FOR INFORMATION PROVIDED BY OR ACTIONS OR OMISSIONS OF THIRD PARTIES. ELITEXC DOES NOT WARRANT ANY CONTENT AVAILABLE AT OR THROUGH THE SITE, INCLUDING OF SUCH CONTENT'S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, AND NO SUCH CONTENT SHALL BEAR OR CREATE ANY WARRANTY BY ELITEXC. Some jurisdictions may not permit the exclusion of limited warranties. Thus, certain disclaimers and exclusions may not apply to You, because they will not apply to the extent that a warranty is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction.
EliteXC explicitly disclaims any responsibility for the accuracy, completeness, content, or availability of information found on sites that link to or from this site. EliteXC cannot ensure that You will be satisfied with any products or services that You purchase from a third party site that links to or from this site or third party content on this site. EliteXC does not endorse any merchandise except as expressly provided, nor has EliteXC taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. EliteXC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) that You may be requested to give any third party, and You hereby irrevocably waive any claim against EliteXC with respect to such sites and third party content. EliteXC strongly encourages You to make whatever investigation You feel is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
EliteXC assumes no responsibility if this site is unavailable or contains errors. The content is not intended for any type of investing purposes, and does not constitute investment advice. You assume the entire risk of use of, and all risks as to the quality and performance of, the site and any material on the site.
IN CONNECTION WITH THE USE OF, OR THE INABILITITY TO USE, THIS SITE OR ANY MATERIALS, CONTENT, OR FUNCTIONS ON THIS SITE, ELITEXC WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES, WHETHER OR NOT THEY ARE FORESEEABLE AND WHETHER OR NOT ELITEXC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE. Certain jurisdictions may limit EliteXC's ability to disclaim responsibility for these damages and to limit its liability. Thus, this disclaimer and limitation of liability may not apply to You, because it will not apply to the extent that a liability is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction.
You agree to defend, indemnify and hold harmless EliteXC from and against all liabilities, claims, damages, and expenses (including reasonable attorneys fees and costs) arising out of Your use of this site, Your failure to use this site, your breach or alleged breach of these Terms of Use or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
EliteXC may provide Your credit card number, billing and shipping information to participating merchants from whom You may purchase goods or services and financial institutions pursuant to transactions with EliteXC and/or participating merchants. The merchants are solely responsible for how they use that information and any other information they independently obtain from You or about You. Otherwise, the Company does not share Your credit card information with anyone else. For more information, please read the EliteXC Terms & Conditions.
To protect the security of Your credit card information, EliteXC employs the industry-standard Secure Sockets Layer technology. To the extent EliteXC requests Your credit card information, EliteXC will encrypt Your credit card number when/if EliteXC stores Your order and whenever EliteXC transfers that information to participating merchants.
EliteXC may at any time and for any reason change, suspend, or discontinue any aspect of this site, these Terms of Use, the material within this site, the Terms & Conditions of this site, or any third party material posted on or linked to this site without notice or liability to You. Such changes or modifications become effective upon posting on the site. Your use of the site after the time any such changes or modifications are posted indicates your assent to those changes or modifications.
These Terms of Use are effective until terminated by either party. Notwithstanding any other provision of this Agreement, EliteXC, without notice from EliteXC and in EliteXC's sole discretion and judgment, reserves the right to cancel, suspend or refuse access to this website or any of its services to anyone. Thus, Your access to this site may be terminated immediately without notice from EliteXC for any reason. In particular, EliteXC will terminate Your access to this site if, in EliteXC's sole discretion, You fail to comply with any term of these Terms of Use or anything within the site's Terms & Conditions. Upon termination, You must cease use of this site, and You must immediately destroy any materials downloaded and/or printed from this site and all copies thereof, whether made under the terms of these Terms of Use or otherwise, as well as any installations of materials that You have obtained from this site.
Pursuant to section 512(c)(2) of Title 17 of the United States Code, if You believe that any material on this site infringes Your copyright, you should notify the site administrator of the claimed copyright infringements in accordance with the procedure set forth below.
This site will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notification of claimed copyright infringement be sent to the designated agent, who is:
Chief Operating Officer
12121 Wilshire Blvd., Ste. 1001
Los Angeles, California 90025
To be effective, pursuant to the DMCA, 17 U.S.C. § 512(c)(3), the notification must be in writing, and it must contain the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. 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 an exclusive right that is allegedly infringed.
This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California (except with respect to its conflict of laws provision). This Agreement is deemed accepted, executed, wholly entered into and wholly performed in the County of Los Angeles, State of California, independent of Your actual state or county of residence and/or domicile. Any dispute arising out of or under or relating to this Agreement, whether at law or in equity, shall be resolved exclusively in the federal or state courts located in the County of Los Angeles, State of California, and You and EliteXC hereby irrevocably and unconditionally consent to the exclusive venue and personal jurisdiction of such courts, and waive any objections based on the doctrine of forum non conveniens.
Some software, documentation, or technical information available on or through this website may be subject to U.S. or foreign export control laws. By accessing, downloading, or using such software, documentation, or technical information, You represent and warrant that You are in compliance with any such applicable laws and regulations. EliteXC makes no representation that materials on this site are appropriate or available for use in locations outside the United States. You agree not to access the site from territories to which export is prohibited or where such access is illegal.
This Agreement, including this site's Terms & Conditions, constitutes the entire agreement between EliteXC and You with respect to Your use of this site, and shall not be modified except in a writing signed by both parties. If, for any reason, a court of competent jurisdiction finds any portion of any provision of the Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be found by a court of competent jurisdiction to be unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including, but not limited to, provisions for indemnity and any licenses granted by you to EliteXC. The failure of EliteXC to exercise or enforce and provisions of this Agreement shall not constitute a waiver of such right or provision.
Effective date December 12, 2006. Last updated on October 19, 2007.