It is your constitutional right to educate yourself on how to obtain optimal health, to seek helpful information and make use of it for your own benefit, and for that of your family. You are the one responsible for your health and wellbeing. In order to make informed decisions on health matters, you must educate yourself. The information provided on this website is intended for your general knowledge only and is not a substitute for professional medical advice or treatment for specific medical conditions. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. The statements and products on this website have not been reviewed or approved by the FDA and are not intended to diagnose, treat, cure or prevent any disease. Never disregard medical advice or delay in seeking it because of something you have read on this web site.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ELITE ALTERNATIVES, INC. OFFERS YOU ACCESS TO OUR WEBSITE.
Website User Agreement
This Agreement describes the terms and conditions applicable to your use and/or purchase of our goods and/or services available under the domain and sub-domains of www.elitealternatives.net. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our website, goods and/or services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use the Elite Alternatives, Inc. website.
This User Agreement (“Agreement”) constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter “Customer”) and Elite Alternatives, Inc., Inc., a California Corporation (hereinafter “Elite Alternatives, Inc.”).
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and Elite Alternatives, Inc., Inc. This Agreement is effective on February 20, 2004 for new users, and is otherwise effective 30 days subsequent to that date for all users prior to February 20, 2004 .
1. USE Eligibility
Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Payment
Customer agrees to compensate Elite Alternatives, Inc. for any goods or services ordered through this website at the full retail price.
3. No Warranty
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR MANUFACTUERES PROVIDE OUR WEBSITE, GOODS AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4. Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS OR OUR MANUFACTURERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR MULTIPLIED DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING LOSS OF PROFITS, LOSS OF USE OR OTHER ECONOMIC DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF ELITE ALTERNATIVES, INC.’S LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR BY STATUTE (INCLUDING, BUT NOT LIMITED TO, THE CALIFORNIA DECEPTIVE TRADE PRACTICES ACT AND ALL OTHER CONSUMER PROTECTION STATUTES). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES, IN ANY CIRCUMSTANCE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF THE PURCHASE, AND (B) $100. CUSTOMER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS PART OF THE CONSIDERATION OF THIS AGREEMENT, AND WAS SPECIFICALLY INCLUDED BY ELITE ALTERNATIVES, INC. IN THE CALCULATION AND ESTABLISHMENT OF THE PRICES PAID BY CUSTOMER, WHICH, BUT FOR THIS LIMITATION, WOULD HAVE BEEN MUCH HIGHER.
5. Indemnification
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO ELITE ALTERNATIVES, INC., AS WELL AS HOLD ELITE ALTERNATIVES, INC. HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS’ FEES, OR ANY OTHER EXPENSES WHATSOEVER WHICH ELITE ALTERNATIVES, INC. MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, ITS PERFORMANCE UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM ELITE ALTERNATIVES, INC.’S SOLE OR COMPARATIVE NEGLIGENCE.
6. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.
7. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Elite Alternatives, Inc., Attn: Legal Department, P.O. Box 1194, Spring Valley, California 91979 (in the case of Elite Alternatives, Inc.) or to the address you provide to Elite Alternatives, Inc. during the purchase process (in your case). Notice shall be deemed given 3 days after the date of mailing.
8. Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Elite Alternatives, Inc. to collect our fees and/or recover damages for, or to obtain an injunction relating to, the Elite Alternatives, Inc. website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego , California , and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Elite Alternatives, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego, California necessary to protect the rights or property of Elite Alternatives, Inc., pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
9. INTELLECTUAL PROPERTY
Both parties agree that Elite Alternatives, Inc. is the sole owner of its website and all its contents, and that said website and contents constitute valuable intellectual property. Customer promises not to use Elite Alternative’s website nor its contents for any use, other than informational purposes intended by Elite Alternatives, Inc. or to purchase goods and/or services. Customer promises not to make any copy or colorable imitation of Elite Alternative’s website for any purpose whatsoever.
Customer agrees that in the event of a breach or threatened breach by Customer of the terms and conditions of this paragraph, Customer agrees that Elite Alternatives, Inc. shall be entitled to a Temporary Restraining Order and/or a Permanent Injunction restraining Customer from breaching or attempting to breach, in whole or in part, any confidentiality, or intellectual property covenant set forth above . Elite Alternatives, Inc. may pursue such injunctive remedies in addition to any other legal remedy. Nothing herein shall be construed as prohibiting Elite Alternatives, Inc. from pursuing any other remedies available to Elite Alternatives, Inc. for such breach or threatened breach, including the recovery of damages from Customer. Any indulgence by Elite Alternatives, Inc. under this Section shall not be construed to be a waiver of any of its rights hereunder.
10. MISCELLANEOUS
A. This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.
B. This Agreement may be modified only by written attachment agreed to and executed by all of the parties hereto.
C. This Agreement shall be subject to and governed by the laws of the State of California, with the exception of its conflict of laws provisions.
D. Any waiver or forbearance by Elite Alternatives, Inc. of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.
E. This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
F. If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not effect any other provision hereof. Such provision and the remainder of this Agreement and Schedules shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.
