2. Privacy and Personal Information.
3. No Commercial Use of the Free Services.
The free Services are only for your personal use. You will not use the free Services for commercial purposes and you agree not to resell, distribute, transfer, share or otherwise use the Services or any portion of the Services, including any coupons or credits related to same for any commercial purposes whatsoever.
4. Registration, Accounts and Passwords.
Certain aspects of the Services and related features, such as personalization, business solutions, message boards, and webmail, made available over the Services may require registration and may be governed by a specific service agreement accompanying such service. If you receive access to a service that is not accompanied by a separate service agreement, then should you choose to register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over the Services, and (b) all activities that occur under such password or account. Further, you agree to notify Elite Answers of any unauthorized use of your password or account. Elite Answers shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 4.
5. Rules and Conduct.
In addition to any Additional Rules and in consideration of the availability and your use of the Services, you agree not to:
- post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Website or any of the Services in a manner which is contrary to law or which would serve to restrict or inhibit any other user from using or enjoying the Website, the Services or the Internet;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
- upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Website or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder; and
- impersonate or falsely represent your association with any person, including a representative or forum moderator of Elite Answers.
6. Responsibility for Minors.
In cases where you have authorized a minor to use any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of any such Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Services may contain material that is inappropriate for minors. If you are a minor, then please obtain your parent's permission to utilize the Services and please ensure that your parents review these terms.
8. Dealings with Third Parties.
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Website or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Elite Answers assume no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your's alone. You agree that Elite Answers shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
9. Elite Mail
10. Pay Services.
Certain Services may be offered by Elite Answers on a payment basis (hereinafter referred to as a "Pay Service"). Pay Service may be offered by Elite Answers on a "prepaid" or on a "pay as you use" basis. Pay Services may be governed by a specific service agreement accompanying such Service, including the right to use it for commercial purposes by-passing Section 3 above. Once you have activated your account for a Pay Service, you are able to use that service for commercial purposes and your account will be deemed a “Pay Service Account”. You agree to pay all the fees applicable to such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), all Fees for a Pay Service purchased through your Pay Service Account will be billed immediately or at the time of the next billing cycle to the credit card you designated for the particular Pay Service Account and are non-refundable (unless utilizing the Satisfaction Guarantee, which should be addressed directly with your Account Executive). Your credit card will be automatically charged the amount listed on your invoice each billing cycle. Elite Answers reserve the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service. Once subscribed to a Pay Service, the removal of such service will only take effect during the subsequent billing cycle.
In connection with the forgoing, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account.
11. Software/File Downloads and Shareware.
The Services may allow you to search for software that has been made available for downloading by various third parties. Such software is made available to you by such third parties subject to the terms and conditions made available to you during the software installation process or execution of the file. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that Elite Answers, including their suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or specifications.
12. Disclaimer Regarding Third Party Content.
13. Professional Information Disclaimer.
The Services may at times make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the Services does not replace consultations with a qualified medical, legal financial or other relevant professional. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree Elite Answers, including its respective suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
14. User Content.
In respect of any and all content you elect to post on the Services which is accessible by the general public, such as on public message boards operated by Elite Answers, you grant Elite Answers a world-wide, royalty-free, nonexclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content in connection with the Service. Such license shall apply with respect to any form, media, or technology now known or later developed and shall terminate at the time you delete such content from the Service.
15. Service Modifications.
You acknowledge and agree that Elite Answers reserve the right at any time to modify or discontinue (with respect to an individual user or all users) any of the Services with or without notice to you, and that Elite Answers will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
If you are dissatisfied with the Website, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Elite Answers in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services.
17. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT Elite Answers, NOT ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, RESELLERS, DISTRIBUTORS, CONTRIBUTORS, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS NOR EMPLOYEES (THE "SERVICE PROVIDER PARTIES") MAKES ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) THE SERVICE PROVIDER PARTIES SPECIFICALLY MAKE NO WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
18. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY SERVICE PROVIDER PARTY, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH PARTY, HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
20. No License; Intellectual Property of Elite Answers and Others.
Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under any of Elite Answers’s or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Website and Services is protected by copyright, trademark, patent, or other proprietary rights of the Service Provider Parties. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or the Website. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Services nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through the Services.
All Elite Answers and Elite Answers operated Service’s logos, graphics and other respective artwork is property of Elite Answers Inc. All other product, brand and company names and logos used on the Services are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Services without the express written consent of Elite Answers or the owner of the mark, as appropriate, is strictly prohibited.
22. Copyright Notices.
All information and content contained on, or made available over, the Services are property of Elite Answers and/or their respective suppliers. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owners.
23. Submission of Feedback and/or Ideas and/or Suggestions.