TERMS AND CONDITIONS
The elitecapital.online website and its associated services and content (collectively “Website”) is owned and operated by Elite Capital. By using, placing an order for products you agree to the terms and conditions set forth below in this Terms of Use Agreement (is “Agreement”). This Agreement is made by and between Elite Capital and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from Elite Capital, making sales to Elite Capital, and placing orders with Elite Capital. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.
THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. ELITE CAPITAL STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.
Please direct any legal questions regarding this Agreement to:
(954) 543-1098 or elitecapitalassets@gmail.com
Order Policies and Procedures; Fraud
Use of the Website is free. You may search, view, and purchase products from this Website as a guest, without registering for an account. When placing an order on the Website, you are agreeing to receive email and/or text notifications. You can opt out of these notifications at any time. We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. We may also gather certain types of non-personal information about you to protect your security or to make our products and services more beneficial to you.
Privacy Policy
All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference. In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms of the Privacy Policy will control. You have a duty to ensure that the information that you provide is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. You are expressly prohibited from providing information that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You agree to keep your account secure from unauthorized access. You may make purchases and order from Elite Capital only in accordance with this Agreement and accompanying policies and procedures. Upon placing an order to purchase with Elite Capital, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change, without notice. When placing an order on the Website, the price at which your order is submitted is the guaranteed price. An “order number” will subsequently be forwarded to you via email. Your credit card information is required to guarantee all orders. In order to reserve your guaranteed price, your payment must be received by Elite Capital within two (2) business days for bank wire orders. All check orders must be postmarked for delivery within one (1) business day. If a check payment is not received in its entirety within ten (10) calendar days of the original order, any market losses between the order date and time of non-payment will be assessed. A completed order is denoted by our receipt of funds in bank account (wire) or clearance of payment (check). In most cases, orders will be denied if payment is completed after the allotted time frame. If any order is in error, due to Elite Capital's fault or otherwise, we reserve the right to cancel the order. Elite Capital is not responsible or liable for products that are lost or damaged in transit, whether being shipped to or from Elite Capital. Packages that arrive damaged to our facility will be rejected. Without limiting any other legal or equitable rights and remedies that may be available to Elite Capital, in the event of any failure by you to comply with this Agreement, Elite Capital may suspend or terminate your account. The suspension or termination of your account shall not affect your obligations as set forth in this Agreement. Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Website. We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
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Payment Options
Elite Capital requires that all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, or money order. Elite Capital does not accept credit card convenience checks or any third party checks. Depending upon the amount of an order, Elite Capital reserves the right to request additional documentation for certain credit card orders. Elite Capital also reserves the right to hold certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks, personal checks, cashier’s checks, or money orders may be held up to 45 (forty-five) calendar days, although this is rare. Direct bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize Elite Capital to authorize and capture your credit card payment prior to shipment. Credit/Debit card payment for products purchased through the Website are processed through a third-party payment processor. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that Elite Capital will not be held liable for any user’s failure to complete a transaction entered into through the Website. Elite Capital expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation. In the instance of a bounced paper check payment, Elite Capital reserves the right to cancel the order and charge administrative fees and market losses, or bill the payable balance to the credit/debit card on file.
Payment Instructions
Elite Capital will issue payment instructions to you during the ordering process and via email following completion of your order. Elite Capital reserves the right to cancel orders where payment is not dated within two (2) business days for bank wire orders or one (1) business day for paper check orders.
Cancellation Policy
Once you have placed an order with Elite Capital you have entered into a binding legal agreement, and cannot cancel the confirmed order. However, after your confirmed order has been placed, prior to it being shipped, the confirmed Purchase Price (“Purchase Price”) may be offset (product sold back to Elite Capital) at Elite Capital's current Asking Price (“Asking Price”) on the day that we receive your written request for such an offsetting transaction. Credit/debit card orders may not be offset 24+ hours following the time of order creation. All order offset requests must be made during normal business hours, Monday-Friday, 9:00 AM to 5:00 PM EST. Elite Capital's reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order. Offsetting orders may be approved over telephone, live chat, or email, at which time Elite Capital's shall provide you with a cancellation confirmation and the total Market Losses and fees. Offsetting orders are subject to our market loss policy, described below. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee. In the event of a confirmed cancelled order, you expressly authorize Elite Capital to automatically bill the credit or debit card on file for the difference between the Purchase Price and the Asking Price. Alternatively, in the event that your credit or debit card is denied, Elite Capital reserves the right to invoice you, in which case, you expressly agree to pay the amount due, in full, within ten (10) business days. Future orders are not permitted unless and until any cancellation and other related fees are paid in full. Any and all market gains on cancellations shall belong solely to Elite Capital. For cancelled/offsetting orders, the difference between the Purchase Price and the Asking Price will be charged. After Elite Capital has shipped the product, the order is final and cannot be canceled. If you refuse shipment the product will be returned to us and you can either pay to have it reshipped or accept Market Loss fees upon return. Elite Capital reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders Elit Capital deems questionable or suspicious, for orders Elite Capital deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Elite Capital does not receive payment within the allotted time frame. Elite Capital is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. IN the event of a cancelled order Elite Capital will contact you directly with notification of the cancellation.
Return Policy
Elite Capital's refund, return and exchange policy is limited to five (5) business days from the date that you receive the item. You must notify Elite Capital Service Department via telephone at (954) 543-1098 within five (5) business days from the date that you receive the item and follow the instructions provided to you, at that time as well as be charged either $50 or 30% of the total sale for restocking fees (whichever one is greater). Shipping and handling charges are non-refundable. You are fully responsible for all taxes, as well as return shipping and handling costs. Elite Capital may reject any returned or exchanged item that does not reasonably conform to these terms. If the case of a request for an exchange, Elite Capital expressly reserves the right, in its sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable. Returns, refunds and exchanges are subject to Elite Capital's Market Loss Policy. Any and all market gains on refunds, returns, and exchanges shall belong solely to Elite Capital.
Market Loss Policy
Upon issuance of an order number following a purchase from Elite Capital, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at Elite Capital's current asking price. If your item is cancelled, you are responsible for any deficit between the price at which Elite Capital sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our market loss policy. Market gains on cancellations or returns shall remain the property of Elite Capital. Without limiting any other legal or equitable rights and remedies that may be available to Elite Capital, Elite Capital may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that Elite Capital may have to you. Elite Capital also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to Elite Capital.
Shipment
Although most orders are shipped within one business day, in extreme circumstances shipment may take up to thirty (30) days from completed payment, depending upon the manner of delivery if a a special order is placed with a unique product that needs sourced. Applicable taxes, as well as shipping and handling charges are not reflected. You are fully responsible for applicable taxes, and shipping and handling charges. Each package over $1000 requires a signature upon delivery. Elite Capital fully insures all of its shipments. Should anything happen while your package is in transit to you it will be covered by our insurance policy. However, we will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to forward your package or leave your package with a third party. When we ship to you, if metals are lost or damaged in transit, Elite Capital assumes responsibility to pursue any claim with the insurance company; provided, however, you agree to cooperate with us in filing a claim for damaged/lost merchandise in any manner we may reasonably request, including the signing of an Affidavit stating the circumstances surrounding the damaged/lost merchandise. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion. Please note that Elite Capital will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported within 2 business days, else Elite Capital may have to refute any claims. In the event that a package becomes lost in transit, it is your responsibility to notify Elite Capital of such within three (3) days of the anticipated delivery date. While Elite Capital will make reasonable efforts to locate the package, Elite Capital will not be held liable for packages lost in transit without notice within three (3) days of the anticipated delivery date. You are solely responsible for any packages, along with the contents and monetary value thereof, that are lost in transit without notification to Elite Capital within three (3) days of the anticipated delivery date.
Export Compliance
Each product that Elite Capital sells is subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.
Termination
Either Elite Capital or you may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of this Agreement shall not affect the rights and the obligations of Elite Capital or you with respect to the period prior to the date of termination. In addition, failure to timely make payments to Elite Capital will result in termination of services as deemed appropriate by Elite Hard AsseCapitalts.
Section 230 of the Communications Decency Act
You acknowledge and agree that Elite Capital is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Elite Capital may edit, remove, or control the content displayed through the Website, you agree that Elite Capitalwill not be considered an information content provider and will not be held liable for the republication of defamatory or tortuous content created by third parties, whether through the Website or otherwise.
Disclaimers, Exclusions and Limitations
All purchases, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of Elite Capital. You, and not Elite Capital, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. Consult your financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an purchase. You represent and warrant to Elite Capital that you have sufficient experience and knowledge to make informed financial decisions and that Elite Capital is not making any recommendations with respect to such purchases and/or such sales.
Disclaimer of Warranties
ELITE Capital PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ELITE Capital DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. ELITE Capital MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANT ABILITY AND NON-INFRINGEMENT. ELITE CAPITAL WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. ELITE CAPITAL IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. ELITE CAPITAL RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME. ELITE CAPITAL WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME. THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT ELITE HARD CAPITAL'S CURRENT EXPECTATIONS REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF WHICH, ARE OUTSIDE OF ELITE CAPITAL'S CONTROL. PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR PURCHASE AND FINANCIAL ADVISER PRIOR TO PURCHASING. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ELITE CAPITAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
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Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.
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Limitation of Liability
ELITE CAPITAL SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS OR BUY BACK SALES PLACED VIA THE ELITE CAPITAL ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE ELITE CAPITAL ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES.ELITE CAPITAL SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, ELITE CAPITAL SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND ELITE CAPITAL REASONABLE CONTROL. ELITE CAPITAL SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE ELITE CAPITAL ONLINE ORDER ENTRY SYSTEM. ELITE CAPITAL IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
Indemnity and Release
You agree to defend, indemnify and hold Elite CAPITAL and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licencors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to Elite CAPITAL, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Elite CAPITAL may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without Elite CAPITAL consent. You are hereby agreeing to release the Elite CAPITAL and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licencors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.
No Waiver
Upon your failure to comply with your duties and obligations to Elite CAPITAL, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Elite CAPITAL in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by Elite CAPITAL of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy. In the event that you fail to comply with this Agreement, you expressly authorize and grant to Elite CAPITAL the right to charge your credit card for any and all market losses incurred by Elite CAPITAL, including, without limitation, administrative fees for accepting your orders to either buy from or sell to Elite CAPITAL as a result of price and market fluctuations for which you did not fulfill.
No Assignment
You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of Elite CAPITAL. Such consent may be granted or withheld by Elite CAPITAL at its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit any/all permitted assigners and successors of you and Elite CAPITAL.
Resolution of Disputes and Governing Law; Waiver of Jury and Arbitration Agreement
To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against Elite CAPITAL with respect to this Agreement and/or the Website. All disputes arising out of or relating to these Terms & Conditions (including formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration.
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that Elite CAPITAL takes any action against you, arising out of and/or to enforce your obligations under this Agreement, you expressly agree to pay all of the associated costs and expenses incurred by Elite CAPITAL, including, without limitation, reasonable attorneys’ fees, in connection with such action. You expressly agree to execute and deliver any/all documents and take such other actions as may be reasonably requested by Elite CAPITAL to carry out this Agreement.
Sever-ability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Entire Agreement
This Agreement constitutes the entire agreement between you and Elite CAPITAL and governs your use of the Website, superseding any prior agreements.
Integration
Elite CAPITAL hereby incorporates its Privacy Policy and its Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Elite CAPITAL.
Reservation of Rights
All rights not expressly granted herein are reserved to Elite CAPITAL.
PRIVACY POLICY
Elite CAPITAL is deeply committed to respecting and protecting the privacy and security rights of users and the information you share with us at the Elite CAPITAL Website.Elite CAPITAL created this Privacy Policy to provide you with assurance of Elite CAPITAL commitment to fair information practices and to the protection of your privacy as you visit and use the Website. This Privacy Policy explains what we do with your information and what you can expect from us. By using the Website, you indicate your acceptance of this Privacy Policy. Elite CAPITAL’s data collection and retention practices are designed to provide transparency, accountability and choice regarding the management and use of your personal information. If you have questions or complaints regarding our Privacy Policy or practices, please contact us via e-mail at elitehardassets@gmail.com. You may also obtain support by calling (954) 543-1098. This Privacy Policy is only applicable to this Website and not to any Websites of third parties, which may have data collection, storage and use practices and policies that differ from this Privacy Policy. You should consult privacy policies for all other sites, as we have no control over information submitted to or collected by such third parties.
ELITE CAPITAL MAY CHANGE, MODIFY, AMEND, SUSPEND, TERMINATE, OR REPLACE THIS PRIVACY POLICY FROM TIME TO TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT ELITE CAPITAL CHANGES, MODIFIES, AMENDS, OR REPLACES THIS PRIVACY POLICY, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS PRIVACY POLICY CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE CHANGE, MODIFICATION, AMENDMENT, OR REPLACEMENT CONTAINED WITHIN. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
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PERSONAL INFORMATION WE COLLECT
Elite CAPITAL collects some information that is personal (i.e., information that identifies an individual either alone or in combination with other data). Elite CAPITAL also collects non-personal information that does not, on its own, identify an individual person. When non-personal information is combined with other information so that it does identify an individual person, we treat that combination as personally identifiable information. Elite CAPITAL collects personal information when you provide it to us. The following are examples of the types of personal information that may be collected directly from you:
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Name
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City, state and zip code
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Email address
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Date of birth
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Telephone number
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Company name
Payment information, including, without limitation, credit/debit card or PayPal payment information; Shipping, billing and other information provided in connection with the purchase or shipment of Elite CAPITAL products Information about transactions with CAPITAL, such as purchase history. Any correspondence voluntarily submitted to the Website
Elite CAPITAL may collect this personal information from you through various channels, including, but not limited to, through your voluntary submission of information to the Website, through requests initiated by you through the Website, through communication with third parties such as banks, through the collection and analysis of information concerning your computer and browsing activities, through the use of cookies, web beacons, pixel tags, Google Analytics, and through other sources permitted by law. In providing Elite CAPITAL with your personal information, you consent to the transfer and storage of such information on our servers. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
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Collect and process payments and complete transactions
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Provide the products, services and customer support you request
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Resolve disputes
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Troubleshoot problems
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Prevent potentially prohibited or illegal activities
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Enforce our Terms and Conditions
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Customize, measure and improve our services and content
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Inform you about our products, services, updates and promotional offers
SHARING OF PERSONAL/NON-PERSONAL INFORMATION
Elite CAPITAL may share your information where complying or in good faith attempting to comply with any law, regulation or law enforcement request; where Elite CAPITAL has obtained your consent; where sharing or disclosure of your information is necessary between Elite CAPITAL’s parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners; where Elite CAPITAL has been purchased by a third party; where sharing or disclosure of your information is necessary to respond to requests by government authorities; where your information is demanded by a court order or subpoena; where sharing or disclosure of your information is needed to protect the employees, independent contractors, officers, directors, members, users, or shareholders of Elite CAPITAL; and where sharing or disclosure of your information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty. Without limiting the above, in an effort to respect your privacy, Elite CAPITAL will maintain an email database, in-house, and will never sell your data or otherwise make it available for unaffiliated third party marketing purposes. Elite CAPITAL may also disclose personal information to those who help it provide products and services, including those who perform technical, administrative and data processing tasks, such as hosting, fulfillment, and data storage and security. These service providers are prohibited from using this personal information for any other purpose.
CONSENT TO RECEIVE EMAIL AND PROMOTIONAL MATERIALS
By establishing an account, making a purchase or registering to receive the Elite CAPITAL Newsletter, you consent to receive periodic commercial/promotional email communications from us. You may opt-out of receiving such promotional communications at any time by following the unsubscribe instructions contained in each email, or by contacting our customer service department. By unsubscribing from our Promotional Newsletter only, you may still receive promotional materials and transactional emails from us in the future.
STORAGE AND SECURITY OF PERSONAL INFORMATION
Your personal information is stored and processed on computers and servers in the United States and, through your use of the Website, you unequivocally consent to the processing and storage of your personal information. We comply with payment card industry data security standards that require merchants to implement security measures for credit card information. We never have access to your credit card information, as it is processed securely following the most stringent PCI-compliant standards. This ensures in the extremely unlikely case the Elite CAPITAL servers are compromised, your financial details would not be accessible. We have implemented and maintain generally accepted industry standards to protect against unauthorized access, use, modification, destruction or disclosure of your personal information both during transmission and once we receive it. The security of your personal information is important to us. When you enter sensitive information during the registration process, we encrypt that information using state-of-the-art technology. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Elite CAPITAL assures you that we will use your personal information only for the purposes stated in the Terms of Use Agreement and this Privacy Policy. We will not otherwise rent or sell your personal information to unaffiliated third parties, and we will prevent your email address from being recorded by “web crawlers” or “web spiders” to the best of our ability. If you believe that your email address has been recorded in this way, please let us know immediately. The time periods for which we retain your personal information depend on the purposes for which we use it. Elite CAPITAL will keep your personal information for as long as you are a registered user of our products and, thereafter, for no longer than is reasonably necessary for internal reporting and reconciliation purposes pursuant to legal requirements and to provide you with any feedback or information you might request or require. If you have any questions about security on our Website, you can email us at elitehardassets@gmail.com.
LINKS TO OTHER WEBSITES
The Elite CAPITAL Website may include links to other third party Websites whose privacy practices may differ from those of ours. If you submit personal information to a third party Website, your personal information will be solely governed by their privacy practices. Elite CAPITAL encourages you to carefully read the privacy statement of any third party Website you visit.
ABILITY TO ACCESS, UPDATE AND CORRECT PERSONAL INFORMATION
Elite CAPITAL wants your personal information to be complete and accurate. By using the Website, you represent and warrant that all information you provide on any registration form or otherwise in connection with your use of the Website will be complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to your personal information please contact us.
PURCHASE OR SALE OF THE WEBSITE, SOFTWARE, DATABASE, ASSOCIATED SERVICES, OR OTHER ASSETS:
Elite CAPITAL may purchase other businesses or sell components of its business, including, but not limited to, the Website and associated products and services. In the event Elite CAPITAL purchases another business or sells any component of its business, your personal and personally identifiable information will continue to be used consistent with the terms of this Privacy Policy.
UPDATES AND CHANGES TO PRIVACY POLICY
Elite CAPITAL may update this Privacy Policy at any time by posting additions or modifications on the Website. If at any point we decide to use personal information in a manner materially different from that stated at the time it was collected, we will notify users by email or via a prominent notice on our Website, and where necessary we will seek the prior consent of our users.
REVOKING CONSENT/DELETING YOUR ACCOUNT
You can delete or deactivate your Elite CAPITAL account at any time by emailing elitehardassets@gmail.com. When you delete your account, your personal information is removed from our database, unless we are required to save the data by applicable law, to prevent fraud, resolve disputes, troubleshoot problems, assist with investigations and/or enforce our Terms and Conditions. Your Elite CAPITAL account and profile and the information contained therein are password protected. We assume no liability for the abuse of login data and passwords used. Elite CAPITAL treats data as a valuable asset that must be safeguarded and protected. As set forth above, we use reasonable security measures to protect your personal information against unauthorized access and disclosure.
CHILDREN’S ONLINE PRIVACY PROTECTION POLICY
Elite CAPITAL complies with the Children’s Online Privacy Protection Act of the United States of America where it applies to our information protection activities. We do not knowingly collect personal information from children under the age of thirteen (13). If we learn that we have inadvertently collected personal information of a child under the age of thirteen (13) without proper consent, we will immediately delete that data from our database.
YOUR AGREEMENT TO OUR PRIVACY POLICY
You expressly consent to Elite CAPITAL’ processing of information as described in this Privacy Policy when you use or interact with the Website, provide information to us through our Website, purchase our products or assent to our Terms of Use Agreement. In addition, when you use or interact with the Website, you specifically consent to our collection of personal information by automated means, such as cookies. You may contact Elite CAPITAL directly if you have any questions regarding the content and material on the Website or if you have any questions about our Privacy Policy. Please e-mail elitehardassets@gmail.com Additionally, you may contact your state or local consumer protection office or the Better Business Bureau.
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