top of page

Terms of Use

These Terms of Use, together with any policies they expressly incorporate by reference (collectively, “Terms of Use”) govern your access to and use of our website, including: https://www.elitelc-ms.com/ (the “Site”), including any content, functionality and services offered therein, operated by Elite LCMS Services, Inc. and its affiliates (“Elite LCMS”, “we”, “our” and “us”).
 

BY USING THE SITES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE.
 

Our Site is offered and available to users 13 years of age or older and reside in the United States or any of its territories.  By using our Site, you represent and warrant that you meet all the foregoing eligibility requirements.  If you do not meet all these requirements, you must not access or use the Site.

Certain services available through our Site, especially services for which you are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of that service.  Such terms and conditions do not alter in any way the terms or conditions of any conditions or agreements you may have or will have with Elite LCMS, including these Terms of Use.

Changes to the Terms of Use
 

Elite LCMS may change or modify these Terms of Use from time-to-time in our sole discretion.  The amended Terms of Use will automatically be effective when posted on our Site.  Your continued use of our Site after any changes in these Terms of Use shall constitute your consent to such changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
 

Accessing the Site

Elite LCMS reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice.  Elite LCMS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof) at any time or for any period.
 

To access the Site or some of the resources they offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.  You agree that all information you provide to register with our Site or otherwise, including, but not limited to, through the use of any interactive features on our Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
 

Intellectual Property Rights

The Site and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio and the design, selection and arrangement thereof) are owned by Elite LCMS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store or transmit any of the material on our Site.
 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Site or any content on the Site is transferred to you, and Elite LCMS reserves all rights not expressly granted.  Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks
 

Many of the trademarks, service marks and logos (collectively, the “Trademarks”) displayed on the Site are registered and/or unregistered common law trademarks of Elite LCMS.  The trademarks of third parties may also be displayed on the Site.  Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the express written permission of Elite LCMS or any third party that may own the Trademarks displayed on the Site.  Any unauthorized use of the Trademarks or any other images or content on the Site, except as authorized in these Terms of Use, is prohibited.
 

Third-Party Products and Services

Parties other than Elite LCMS may offer and provide products and services on or through the Site.  Except for Elite LCMS-branded information, products, or services that are identified as being supplied by Elite LCMS, Elite LCMS does not operate, control, or endorse any information, products, or services on the Site or accessible through the Site in any way.  Elite LCMS is not responsible for examining or evaluating, and Elite LCMS does not warrant the offerings of any of these businesses or individuals or the content of their websites.  Elite LCMS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.  You should carefully review their privacy statements and conditions of use.
 

The Site may contain links to other websites not operated by Elite LCMS.  The links are provided for your convenience.  The inclusion of any links to other websites does not imply affiliation, endorsement, or adoption by Elite LCMS of those websites or the contents therein.  Elite LCMS is not responsible for the contents, links, or privacy of any linked website.  Access to any other websites linked to the Site is at your own risk.  When leaving the Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.

Product and Service Information
 

Elite LCMS does not warrant that information, graphic depictions, product and service descriptions, or other content of the Site is accurate, complete, reliable, updated, current, or error-free.  Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy.  In the event Elite LCMS determines that a product or service contains an inaccurate price or description, Elite LCMS reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by applicable law.  You agree to notify Elite LCMS immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Site.
 

User Contributions

Our Site may have “publicly accessible areas” such as message boards, forums, member profiles, yellow pages, job folders or other features that allow users to post content or materials (collectively, “Content”) that will be accessible by the public or the user population.  With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect to post to such publicly accessible areas of our Site, you grant Elite LCMS a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works.  No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content.
 

Elite LCMS is under no obligation to post or use any Content you may provide and Elite LCMS may remove your Content at any time in its sole discretion.  You agree that Elite LCMS is not under any obligation of confidentiality, expressed or implied, with respect to your Content.  You represent and warrant that you own or otherwise control all necessary rights to the Content that you post, that such Content is accurate, that use of the Content you supply does not violate these Terms of Use, will not cause injury to any person or entity, and that you will indemnify Elite LCMS for all claims resulting from the Content you supply.

Elite LCMS does not generally pre-screen or control Content posted by users of our Site, and, therefore, does not guarantee the accuracy, integrity, or quality of such Content.  Elite LCMS shall have the right (but not the obligation) in its sole discretion to monitor, refuse, or remove any Content that is available via our Site for any or no reason, including that any Content violates these Terms of Use or is otherwise objectionable.
 

Acceptable Use

You agree to use our Site and the Content (whether provided by us or others) in a manner consistent with applicable law.  Additionally, you will not take any of the following actions with respect to our Site, nor will you use our Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that:

  • is unlawful, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;

  • infringes someone else’s patent, trademark, trade secret, copyright, or other intellectual property or other rights;

  • removes any proprietary notices or labels on the Content;

  • advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;

  • is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;

  • constitutes unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;

  • interferes with others using the Site;

  • contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;

  • disrupts, interferes, or inhibits any other user from enjoying the Site or other affiliated or linked websites, material, contents, products and/or services;

  • uses any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;

  • prepares, compiles, uses, downloads, or otherwise copies any user information and/or usage information for any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party;

  • uses any Elite LCMS domain name as a pseudonymous return email address;

  • attempts to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Site;

  • reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion of the Site or Content, use of the Site, or access to the Site;

  • publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;

  • systematically collects and uses any Content including the use of any data mining or similar data gathering and extraction methods;

  • makes derivative uses of the Site or the Content;

  • uses, frames, or utilizes framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page); and/or

  • modifies, translates, decompiles, disassembles, uses reverse engineering, or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site.  For purposes of these Terms of Use, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site’ underlying technology.
     

Geographic Restrictions

Elite LCMS is based in the state of Wisconsin in the United States.  We provide the Site for use only by persons located in the United States.  We make no claims that the Site or any of their content are accessible or appropriate outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer and Limitations on Our Liability
 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
 

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK.  THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER Elite LCMS NOR ANY PERSON ASSOCIATED WITH Elite LCMS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES.  TO THE FULLEST EXTENT PROVIDED BY LAW, Elite LCMS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Elite LCMS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
 

Enforcement

Elite LCMS reserves the right to, but does not assume the obligation to, strictly enforce these Terms of Use, including, without limitation, by issuing warnings, suspension, or termination of access to the Site and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation and prosecution.  The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.
 

Indemnification

You agree to defend, indemnify, and hold harmless Elite LCMS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your Content, any use of the Site’ content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
 

Miscellaneous

  • All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

  • Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in the City of Elkhorn and County of Walworth.  You consent and submit to the personal jurisdiction of such courts for the purposes of such action.

  • If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.

  • We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity or by operation of law.
     

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Elite LCMS regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
 

Waiver and Severability

No waiver by Elite LCMS of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Elite LCMS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns
 

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: Kevin.Weiss@elitelcms.com

bottom of page