1.3. Changes to Site. EliteDash may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
1.4. Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.
2.1. Interactive Site Areas. The Site may contain comments sections, discussion forums or threads, or other social media and interactive features (collectively "Interactive Areas") in which you may post, publish, link, or upload user-generated content, including but not limited to comments, video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, or other unwanted interactions. By using Interactive Areas, you assume all associated risks.
You understand and agree that with respect to any User Content, EliteDash and the Site act merely as a passive conduit for any and all communication and/or distribution of information, and EliteDash does not control the User Content. EliteDash cannot and will not evaluate, and shall not be responsible for, the accuracy, reliability, completeness, veracity or suitability of any User Content or for verifying the identity of anyone posting, publishing, or uploading User Content.
While EliteDash will endeavor to monitor User Content, and flag and/or remove User Content which EliteDash finds unsuitable (as determined in its sole and absolute discretion), EliteDash shall be under no obligation to do so and shall have no liability to any individual or entity for failure to monitor or remove any User Content. Prior to being granted access to post, publish, link, or upload User Content, individuals may be required to input or provide certain data or information, including but not limited to their name, email address, or other identifying information which may be displayed in connection with their User Content.
EliteDash may, in its sole discretion, to remove, edit, or otherwise alter User Content. EliteDash retains and reserves the right, in its sole discretion, to discontinue, freeze, remove, terminate, or otherwise restrict your Account or User Content for any reason whatsoever.
2.2. User Rules of Conduct. By submitting any User Content or participating in an Interactive Area within or in connection with the Site, you agree not to engage in activity or submit or upload content that (i) would constitute a violation of any applicable local, state, federal, or other law that may constitute a criminal offense or give rise to civil liability; (ii) contains any information, data, or materials which contain a virus or other harmful or disruptive component; (iii) is confidential, proprietary, false, fraudulent, libelous, defamatory, invasive of privacy or publicity rights, obscene, lewd, violent, sexually explicit, threatening, abusive, illegal, or otherwise objectionable; (iv) infringes on another’s intellectual property rights; or (v) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," or any other solicitation.
Certain aspects of, or links contained on, the Site may link to websites, social media, or services operated by parties other than, and unaffiliated with, EliteDash. Such links are provided for convenience only. EliteDash does not control such third-party websites or social media and is not responsible for any content thereon, including with respect to any comments posted on such third-party websites or social media. EliteDash’s inclusion of links to such third-party websites and/or social media does not amount to or imply any endorsement or warranty of the material on such sites or media or any association with their owners or operators. You agree that EliteDash is not responsible for any such third-party websites or social media and services or any content thereon and agree to hold EliteDash harmless from any and all claims or liability arising from your use of such third-party websites, social media, or services. Any concerns or questions related to third- party websites or social media should be directed to the webmaster or other appropriate contact person for such third party.
4.4. Digital Millennium Copyright Act (‘DMCA’) Notice. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by EliteDash infringe your copyright, you (or your authorized representative) may send EliteDash a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow EliteDash to locate the material on the site; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) 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; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed with EliteDash against you, the DMCA permits you to send EliteDash a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Website should be sent to EliteDash, Inc., Attn: Legal Counsel, 1369 West 12600 S Riverton, Utah 84065, [email protected] EliteDash suggests that users consult their legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. It is EliteDash’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
5.1. You will be given the opportunity to create a user account (the “Account”) that will allow you to receive information from EliteDash and/or to participate in certain features on our Site, including Interactive Areas. As part of the creating your Account, you will be required to provide EliteDash with certain registration information, all of which must be accurate and updated, and which may include, without limitation, an authorized contact person’s name; business address; business phone number; facsimile number; e-mail address; etc.
5.3. EliteDash may offer you certain rewards or benefits through your Account and the Sites. Any such offers have no cash value. Such offers may not be duplicated, photocopied, or otherwise reproduced and you many not resale or distribute such offers online or otherwise.
5.4. You hereby agree to maintain as confidential and not disclose any username or password to any person. EliteDash may change your password at any time, provided that EliteDash shall provide you with written notice of such change prior to, or as soon as reasonably practicable after, such change.
5.5. You agree and acknowledge that under certain circumstances, EliteDash may store your IP address(es) or other information transmitted by your computer(s) or network as are reasonably necessary for EliteDash to identify you and provide access to the Site.
5.6. You assume full and total responsibility for all usage or activity on your Account, including use of your Account by any third party, whether or not authorized by you, and agree to indemnify and hold EliteDash harmless from any claims arising from or as a result of such usage. You shall immediately notify EliteDash of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Account information and agree to fully cooperate with EliteDash in good faith and as reasonably required to remedy such security breach.
6.1. Payment of Fees. You can pay fees and pay for team, league and group events, equipment and other items using your EliteDash account. You can only make payments and send money to persons, teams, leagues and gropus if they have an EliteDash account. We may, at our discretion, impose limits on the amount of money you can send, including money you send for purchases. You can view your sending limit, if any, by logging into your EliteDash account. Providing or verifying information may allow us to increase your sending limits. A fee is charged for each payment or purchase you make using your EliteDash account. The applicable fees can be found on the Paying Fees and Transaction Charges page and will be disclosed to you in advance each time you initiate a transaction to pay fees using your account. You will not be able to receive payments unless you enter into the Agreement for Collection and Remittance of Payments and provide all requested information. If any payments are ultimately refunded, the money will be refunded to the original payment method you used for the transaction – i.e., debit card, credit card, or ACH transfer – less any transaction fees payable to EliteDash
6.2. Payment Methods. EliteDash allows payments to be made by credit or debit cards or ACH transfers. If you select to use your bank account to make payment, you will need to complete the ACH Autorization Form, which authorizes EliteDash to make any transfers authorized using your account from your bank account to the recipient. For these transactions, EliteDash will make electronic transfers via ACH from your bank account in the amount you specify. You authorize EliteDash to try this transfer again if the initial transfer is rejected by your bank for any reason. EliteDash will process your debit or prepaid card funded transactions through either the ATM debit network or the Visa, MasterCard or Discover network, at EliteDash’s discretion.
6.3. Review of Payment Request. When EliteDash identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, EliteDash will place a hold on the transaction and notify you and the payee of the hold. You may cancel any transactions that are on hold prior to approval without any charge to you. If we clear the transaction, we will notify you and the payee that the payment has been processed. If we do not clear the transaction, we will cancel the payment.
7.1. Disclaimer; Waiver. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. NEITHER ELITEDASH, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, 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 USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. YOU AGREE THAT THE USE OF AND ACCESS TO AND USE OF THE SITE AND SERVICES IS STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ELITEDASH SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE OPERATION OF THE SITE, THE CONTENT OR INFORMATION CONTAINED THEREIN, OR THE SITE. NO WARRANTY OF ANY KIND IS IMPLIED REGARDING REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY ELITEDASH OR USE OF THE SITE BY YOU. ELITEDASH MAKES EVERY REASONABLE EFFORT TO ASSURE THAT ALL INFORMATION PUBLISHED BY IT IS CORRECT; HOWEVER, ELITEDASH DISCLAIMS ANY LIABILITY FOR ERRORS IN THE SITE. YOU ASSUME THE RISK OF POSSIBLE ERRORS CONTAINED IN THE SITE. YOU AGREE TO INDEPENDENTLY VERIFY ANY INFORMATION YOU INTEND TO RELY UPON, AND, IF REASONABLY NECESSARY, YOU SHOULD SEEK THE ASSISTANCE OF AN ATTORNEY IN DOING SO.
7.3. Release. If you have a dispute with any other EliteDash account holder, you release EliteDash from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
7.4. Unauthorized Access. EliteDash disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to EliteDash's disclaimer of any such liability. If you do not agree, you should not access or use the Site.
8.1. Before initiating legal action against the other relating to a dispute, the Parties agree to work in good faith to resolve disputes and claims arising out of this Agreement. To this end, you agree to follow our online dispute resolution process. If the dispute is not resolved within thirty (30) days of the commencement of informal efforts under this paragraph. This paragraph will not apply if: (i) expiration of the applicable time for bringing a legal action is imminent; or (ii) injunctive or other equitable relief is necessary to protect a Party’s proprietary rights.
8.6. Suspension and Termination of Access Rights. EliteDash, in its sole discretion, reserves the right to suspend or terminate access to or use of its websites, software, systems (including any networks and servers used to provide any of the EliteDash services) operated by us or on our behalf or some or all of the EliteDash services for any reason and at any time with or without notice to you and, upon termination, to hold payment of any funds held in your EliteDash account pending resolution of any disputes, claims, issues or problems.
8.7. Security Interest. As security for the performance of your obligations under this agreement, you grant to EliteDash a lien on, and security interest in and to all funds in your EliteDash account in the possession of EliteDash.
8.8. Identity Authentication. You authorize EliteDash, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain EliteDash services, federal law may require EliteDash to verify some of your information. EliteDash reserves the right to close, suspend, or limit access to your EliteDash account and/or the EliteDash services in the event we are unable to obtain or verify this information.
8.9. Service Provider Only. EliteDash is for all purposes an independent contractor and service provider, not an agent or trustee.