Elite Answers Inc. Terms of Use

1. Acceptance.
Welcome to EliteAnswers.com (the "Website") operated by Elite Answers Inc. ("Elite Answers"). The Website and its associated products and services (collectively, the "Services") are offered by Elite Answers through Web pages at various URLs, such as http://www.eliteanswers.com/ and pages linked thereto which include a footer link to this terms of use.

Several portions of the Services may be governed by additional posted guidelines, conditions, policies, rules, or other terms and conditions ("Additional Rules"). All Additional Rules are hereby incorporated by reference into these terms of use. In the event of a conflict between any Additional Rules and these terms of use, these terms of use shall control. However the Privacy section below, supersedes any conflicting language in these terms of use and/or any Additional Rules with respect to the subject matter covered by the Privacy Policy.

By accessing the Website or using any of the Services, you agree, without limitation or qualification, to be bound by these terms of use and the Additional Rules, as all of the same may be modified by Elite Answers from time to time by posting such updated terms of use or Additional Rules on the Services (collectively the "Terms of Use"). If you do not accept these Terms of Use in their entirety, you may not access or use the Services. Please note that the Terms of Use may be updated from time to time without notice to you by posting such updated Terms of Use on the Service, so please check back periodically. The most current version of the Terms of Use can be found at http://www.eliteanswers.com/tos/.

Because the Terms of Use contain legal obligations, please read them carefully.

2. Privacy and Personal Information.
You may be required to have a member account to use all or part of the Services. Member accounts, also known as Elite IDs, are subject to the privacy policy located at http://www.eliteanswers.com/privacy/. In connection with the Services, you may have to provide information about yourself in order to use the Services. For information on how this and other user information is collected, used and disclosed by Elite Answers, during your use of the Services please consult our Privacy Policy.

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:

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.

7. Monitoring.
You acknowledge that Elite Answers does not have an obligation to monitor the Services or any content, products or services (collectively, "Content") accessible through the Website or any of the Services. However, you agree that Elite Answers has the right to monitor the Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website or any of the Services properly, ensure compliance with the Terms of Use or to protect itself or its users in accordance with the Privacy Policies. Elite Answers reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of the Terms of Use. You understand that by using the Services, you may have access to Content which may be offensive or objectionable to you. Under no circumstances shall Elite Answers 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 use of, or access to, any such Content.

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
Elite Mail is brought to you through an agreement with Elite Answers and Everyone.net (“Everyone”). This service is governed by additional terms of use, which can be found here: http://www.everyone.net/main/html/agreement_enduser.html. The Everyone.net privacy policy can be found here: http://www.everyone.net/main/html/p_policy.html. Elite Mail is provided on an "AS IS" basis without representations, warranties or conditions of any kind, and you acknowledge and agree that Elite Answers shall have no responsibility for, or liability in respect of, any aspect of the Elite Mail services, including without limitation for any lost or damaged data or any acts or omissions of Elite Answers. Elite Answers allows one Elite Mail account per individual. Elite Mail is provided to individuals and for personal use only. You acknowledge and agree that you may only use the Elite Mail service to send and receive personal messages only. The amount of Elite Mail e-mail storage space is limited. Some Elite Mail e-mail messages may not be processed due to space constraints or outbound message limitations.

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.
In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to the Terms of Use, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) (d) that Elite Answers reserve the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that Elite Answers reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Elite Answers has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of the Terms of Use. Any such termination by Elite Answers shall be in addition to and without prejudice to such rights and remedies as may be available to Elite Answers, including injunction and other equitable remedies.

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.
The Services offers access to numerous third party web pages and content available over the Internet. In such instances, including, but not limited to, third party content contained on or accessible through the Services websites and web pages or sites displayed as search results or contained within a directory of links on the Services, Elite Answers generally exercise no control over such third party content, web pages, or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party web pages, including but not limited to web casting or any other transmission. Inclusion of a link to third party content does not imply endorsement by Elite Answers of such content. You further 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 your use of, or reliance on, any such 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.
With respect to any and all content you elect to post or transmit using the Services, you agree that Elite Answers may preserve and disclose any content associated with your account where required to do so by law or where such preservation or disclosure is reasonably believed by Elite Answers to be necessary to ensure compliance with the law, enforce the Terms of Use or protect the rights and interests of Elite Answers or any other person.

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.

16. Termination.
You acknowledge and agree that Elite Answers, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, any of the Services, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where Elite Answers believes that you have violated any of the Terms of Use, or where your account has been inactive for any period of time. You further agree that Elite Answers shall not be liable to you or to any other person as a result of any such suspension or termination. Upon termination your right to use the Services immediately ceases.
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.

19. Indemnity.
You agree to defend, indemnify and hold each of the Service Provider Parties harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your accounts: (a) violation of the Terms of Use, or (b) use of the Website or any of the Services, or (c) placement, posting or transmission of any message, information, software or other content on the Website or through any of the Services.

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.

21. Trademarks.
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.
Elite Answers is always improving its websites and Services and developing new features, and we absolutely welcome your voluntary feedback and suggestions to help us do this. If you have feedback and/or ideas and/or suggestions regarding improvements or additions, we would like to hear them, but any submission will be subject to these Terms of Use. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO Elite Answers, JOINTLY OR INDIVIDUALLY, INCLUDING THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS AND EMPLOYEES, BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE FEEDBACK AND/OR IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL, DIRECTLY OR INDIRECTLY, TO Elite Answers, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO Elite Answers THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT Elite Answers IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF THEY SO DESIRE, AS PROVIDED OR AS MODIFIED Elite Answers, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Services. For terms and conditions governing the use of such information, please refer to our Privacy Policies. This section also is not applicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any linked sites or services. Please refer to the terms and condition of such sites and services to determine the rights of the site or service provider to such documents, information and/or data.

24. Miscellaneous.
The Terms of Use constitute the entire agreement between Elite Answers and you pertaining to your use of the Services and, except as specifically set forth herein, supersede any prior agreements between you Elite Answers relating to the Services. Elite Answers may assign these Terms of Use, in whole or in part, at any time. Elite Answers’s failure to insist upon or enforce strict performance of any right or provision of the Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.