Elite Energy Exchange Terms of Use
Welcome to the Elite Energy Exchange website located at [www.eliteenergyexchange.com] (“Site”), provided by Elite Advertising New York LLC and/or its affiliates or channel partners (collectively, “Elite”). The following terms of use (“Terms”) govern your use of this Site and any related websites operated by Elite, whether you are a casual visitor, investor or a purchaser of products or services. By accessing, viewing, or using the content, materials, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately. This Site must not be used by children under 13. Elite may suspend or terminate your ability to use the Site or any services on the Site for failure to comply with these Terms, for providing Elite with untrue or inaccurate information about yourself, for infringement upon Elite's proprietary rights, or for any other reason whatsoever or for no reason.
Informational Purposes Only; Permitted Uses of Site Material
The Site is available for informational purposes only. Without limiting anything else in these Terms or otherwise, Elite is not responsible for any errors or omissions in the Site or Site Material (as defined below), and Elite is not responsible for any errors or omissions in the Site or Site Material. Accordingly, Elite authorizes the accessing, viewing, or using of the content, materials, or services available on or through this Site for personal or noncommercial purposes only in accordance with these Terms.
Proprietary Rights
As between any user and Elite, Elite owns or licenses all data, content, graphics, forms,
artwork, images, photographs, functional components, audio clips, video clips, software and
software concepts and documentation and other material on, in or made available through
the Site (“Site Material”), as well as the selection, coordination, arrangement, and
organization and enhancement of the Site Material.
All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You may print and download portions of material from the different areas of the Site solely for your own
internal, non-commercial use, provided you do not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and Elite, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to Elite. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any
rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms.
Unauthorized Activities
You agree that you will not use the Site for:
- (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws);
- (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Elite;
- (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature;
- (d) contacting any other user of the Site who has requested not to be contacted;
- (e) stalking or harassing anyone;
- (f) posting irrelevant User Content (as defined below) or otherwise imposing an unreasonable or excessively great amount of User Content on the Site; or
- (g) attempting to gain unauthorized access to Elite's computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.
You further agree not to modify, distribute, copy, exchange,
disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast,
retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative
works of the Site Material or otherwise use the Site Material in any way for any purpose
without prior written approval from Elite. You may not frame, capture, harvest, or collect
any part of the Site or Site Materials without Mantis's prior written consent.
You
acknowledge and agree that the unauthorized use of the Site Material could cause irreparable
harm to Elite and that in the event of such unauthorized use; Elite shall be entitled to an
injunction in addition to any other remedies available at law or in equity.
Materials Submitted to the Site
The Site allows you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other users to the Site (“User Content”). Failure to comply with these Terms, including any rules posted on the Site pertaining to User Content, may result in immediate removal of any User Content. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not:
- (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person;
- (b) violate any law, statute, ordinance, or regulation;
- (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing;
- (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”;
- (e) be obscene, pornographic, or indecent;
- (f) violate any community or internet standard;
- (g) introduce any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing;
- (h) constitute misappropriation of any trade secret or know-how; or
- (i) constitute disclosure of any confidential information owned by any third party.
Upon your submission of User Content or other material or information to Elite, you grant Elite a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. Elite may refuse to post or remove User Content from the Site that violates any of the warranties provided in the preceding paragraph or for any reason. Elite shall not be responsible for changes, modifications, or removal of any User Content that you submit to the Site.
Third Party Web Sites and Content
Parties other than Elite may provide content on the Site. Additionally, the Site contains links to other websites for the convenience of users. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. Elite does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties' websites is at your own risk, and subject to the terms and conditions of such other websites. Mantis does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
Privacy Statement
Any personal information that you provide to Elite on the Site is subject to its Privacy Statement. For more information, view the Privacy Statement at www.eliteenergyexchange.com, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to Elite via the Site or email cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact Elite by regular mail at: 240 West 73 rd Street, suite 305, New York, NY 10023.
Disclaimer
Certain statements contained in this website constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve a number of known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of Elite to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements.
Such factors include, but are not limited to: the dependence on sales and the uncertainty of the timing and magnitude of government funding and orders, dependence on sales to government customers; the uncertainty of patent protection; the uncertainty of strategic alliances; the uncertainty of management tenure; the impact of third-party suppliers' constraints or difficulties; management's ability to achieve business performance objectives, market acceptance of, and demand for, the Company's products, and resulting revenues; development and testing of technology and products; impact of competitive products and pricing. The words “looking forward,” “believe,” “demonstrate,” “intend,” “expect,” “contemplate,” “estimate,” “anticipate,” “likely” and similar expressions identify forward- looking statements. Readers are cautioned not to place undue reliance on these forward- looking statements, which speak only as of the date the statement was made. Elite undertakes no obligation to update any forward-looking statements contained in on this Site.
Elite, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, links, advertisements or other items contained within the Site. Elite reserves the right to immediately remove any Site Material or User Content for any reason or for no reason. Elite cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, filter, verify, make changes to or remove any User Content, Site Material, the Site or the products or services made available in connection with the Site, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Material or User Content and that you may not rely on such Site Material or User Content.
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