1. Overview of Terms and Conditions
Welcome to Elite Sports University’s (“Elite Sports University,” “we,” ‘us” or “Company”) website available at and under the domain name www.elitesportsuniversity.com and such other or successor domain names as Company may make available operate, acquire or use from time to time, and our web based applications, (this “Site”).
This General Terms and Conditions Agreement (the “Agreement”) sets forth the terms and conditions governing your general use of this Site, and your access to and use of the information, content and services offered on this Site (which, collectively with this Site, constitute the “Services”). By accessing or using this Site or any of the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time (as further described below), and agree to all operating rules and/or policies of Company and the Services that may be published by Company on this Site. All these rules and policies are incorporated into this Agreement by this reference. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR USE ANY OF ITS SERVICES.
These terms, including all agreements, terms, conditions and policies incorporated in this Agreement by reference, together with any legal notices on the Site, shall constitute the entire agreement between you and Elite Sports Services concerning the Site and Services.
2. Revisions to this Agreement
Elite Sports University reserves the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) shall be effective immediately and incorporated into this Agreement upon notice, which may be given by any reasonable means including by posting to this Site or the web sites of Company’s related or affiliated entities. Your continued use of the Services following such notice shall be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
3. General User Site Restrictions
All information and materials on this Site, including but not limited to, text, trademarks, logos, graphics and images (the “Materials”), are the copyrighted works and other forms of intellectual property of Elite Sports University or third parties (“Licensors”) who have authorized use of the Materials on this Site, and may only be used in accordance to this Agreement.
Elite Sports University grants you the limited right to display the Materials only on your personal computer or personal wireless device, and to copy and download such Materials provided that: (1) any copyright, trademark or other notice appearing on such Materials is also retained by, displayed, copied or downloaded as part of the Materials, and is not removed or obscured and (2) such display, copy or download is used solely for your personal information. Such Materials may not be distributed, transmitted, displayed or broadcast in any manner or for any purpose. You acknowledge and agree that you have no right to nor will you modify, edit, alter or enhance any of the Materials in any manner.
This limited right terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you agree to immediately erase or otherwise destroy any downloaded and printed Materials, and that you will no longer access Services.
Except as expressly provided by this Agreement, you acknowledge that you have no legal right, title or interest in or to the Materials other than a limited right of display. Elite Sports University and its Licensors retain title, ownership and all other rights and interests in and to all information and Content on the Websites. All Content on the Websites, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Websites. We attempt to ensure that all Content on the Websites is complete and accurate. Despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content on the Websites is complete, accurate, reliable or error-free.
4. Third Party Content and Links
Elite Sports University and its Site is a venue for content supplied by third parties and visitors to its Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Licensors, information or content providers, members or any other User of this Site, are those of the respective parties and not necessarily those of Elite Sports University. Neither the Company nor any Licensor or third-party provider of information guarantees the accuracy, completeness or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.
There may be links established between this Site and other sites on the World Wide Web or Internet which are not under the control of or maintained by Elite Sports University. Such links do not necessarily constitute an endorsement or affiliation by Elite Sports University of those websites. Elite Sports University undertakes no obligation to monitor such websites, and you agree that Elite Sports University is not responsible for the content of such sites or any technical or other problems associated with any such third-party website, links or usage.
5. Revision or Termination of Services
Elite Sports University reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any or all of the Services, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that Elite Sports University shall not be liable to you for any modification, general suspension or discontinuance of any Services. Elite Sports University may, in its sole discretion, refuse or restrict anyone from access to any or all of the Services at any time.
6. Subscription Terms
Users of the Site may be unregistered visitors or registered subscribers (“Subscribers”) that pay subscription fee for enhanced services, content, and courses provided by Elite Sports University and its Licensors. Any terms and conditions applying to such subscriptions or services are incorporated into this Agreement. Subscribers agree to be bound to additional Terms and Conditions set forth in Subscriber User Agreement.
7. Conditions for Use of Site
a. Acceptable Use of the Services. In order to use the Services, you must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees associated with access to subscription-restricted areas.
b. Individual Non-Commercial Use. You agree that unless you are a Subscriber to restricted areas of the Site, you are only authorized to visit, view and to retain a single copy of pages of this Site solely for your own individual non-commercial use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual, non-commercial use unless otherwise specifically authorized by Company. We post legal notices and various credits on pages of this Site, which may not be removed even in your permitted copy. You shall not remove these notices or credits, or any additional information contained along with the notices and credits.
c. Deep Links. You shall not “deep-link” to this Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of this Site for any purpose, unless specifically authorized by Company to do so.
d. Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Services, overloading, “flooding”, “mailbombing” or “crashing” the Services. Violations of system or network security may result in civil or criminal liability. Elite Sports University reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the Services.
e. You Are Responsible For All of Your Activities and All of The Content You Post. You are responsible for your communication content and transmissions on the Site. You represent and warrant that any information you post or provide to Elite Sports University by means of the Site, including, without limitation, as part of any registration to gain access to any Services is true, accurate, up to date, not misleading and offered in good faith. Any information disclosed to you via the Site including, without limitation, any content in any personalized areas of the Site, may be used only for its intended purpose. Elite Sports University expects that you will exercise caution, good sense and proper judgment in using the Site and its Services. You agree NOT to use the Site and its Services for, or in connection with, any of the following activities:
i. Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of Elite Sports University’s personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
ii. Any fraudulent or illegal purpose, or any use which violates the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, as well as any activity that could damage Company’s commercial reputation and goodwill or the commercial reputation and good will of its vendors and customers;
iii. E-mailing, uploading, or otherwise transmitting or using the Services in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content; and
iv. Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of Company’s (or anyone else’s) Services, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate Company’s rules or policies.
f. Do Not Violate Third Party Intellectual Property Rights.
Without limiting the foregoing, you may not, and by using any or all of the Services you agree not to, use the Site or its Services to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, any applications or registrations relating to such rights, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, the waiver of moral rights and similar rights.
All content, materials and software posted to or used in conjunction with the Site including, without limitation, text, graphics, logos, button icons, images and audio clips are the property of Company or its Licensors and are protected by U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on this Site is the exclusive property of Company and its Licensors and is protected by U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted without the express written permission of Company and any other applicable copyright owner. You also may not resell the Services (or any part thereof). You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Services. All rights not expressly granted hereunder are expressly reserved to Company. If you believe your rights under applicable copyright laws are being infringed, you may notify our designated agent by e-mail us at firstname.lastname@example.org.
The use of any tools, programs, robotic algorithms or products to automatically download or “spider” the site or any of the pages of the site is expressly prohibited and infringes on Company’s copyrights.
Elite Sports University is a registered trademark of BDNZ Sports Performance Group LLC DBA Elite Sports University. The “look and feel” of the Company Site is also Company’s trademark and proprietary trade dress. This includes Company’s color combinations, button shapes, layout, and all other graphical and navigational elements. The Sites contain other registered and common law trademarks of Company, and third parties, in addition to those listed.
Elite Sports University may and will terminate Services immediately, if, in its sole discretion, Company believes that your conduct fails to conform with this Section 7 or this Agreement. Without limiting the foregoing, if you use, or attempt to use any or all of the Services for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.
8. Compliance with Law
You may use the Site and Services only for lawful purposes. The Site is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Site and Services. This obligation includes your agreement to comply with all applicable laws, including without limitation, industry-specific regulations and rules relating to providing education instruction and teaching.
9. Disclaimer of Warranties
YOU ACCESS AND USE THE SITE AND SERVICES AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. COMPANY DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, COMPANY DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.
10. Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A COMPANY DOING BUSINESS IN CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify and hold Elite Sports University harmless, and, at Elite Sports University’s request, to defend Elite Sports University from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) any and all of the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other of your activities relating to your use of this Site and the Services.
12. Order of Precedence
This Agreement governs your use of this Site and access to the Services. This Agreement does not modify, alter or amend any other agreement you have entered or will enter into with Elite Sports University or any of its related or affiliated entities. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on this Site, conflicts with any provision of your other agreements with Company or any of its related or affiliated entities, the terms of such other agreement, shall, as to the subject matter of that other agreement, take precedence over the conflicting term(s) of this Agreement.
13. Governing Law and Disputes
By using the Services or the Site, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Colorado, without regard to its principles on conflicts of laws, will govern this Agreement, your use of the Site and the Services, and any dispute of any sort that might arise between you and Elite Sports University. Subject to the dispute resolution procedures set forth below, you and Elite Sports University agree and hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in the City of Denver and State of Colorado with respect to such matters
If a dispute arises between you and Elite Sports University, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Elite Sports University’s Customer Support by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and Elite Sports University agree that any dispute or claim relating to your use of the Services or the Websites will be resolved through binding arbitration, rather than in court. In addition, you and Elite Sports University both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Elite Sports University each waive any right to a jury trial.
You and Elite Sports University agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Elite Sports University agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your Elite Sports University Subscription.
14. MISCELLANEOUS TERMS
a. Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Ancestry, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
b. Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
c. Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
d. Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Websites, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Ancestry.
e. Headings. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
If you have any questions or comments, or would like to discuss your subscription with our Customer Support staff, please contact us via the following information:
Elite Sports University