These Terms of Use (the "Terms") are entered into by and between you and Elite Noire, LLC ("Company"). EliteNoire.com (the "Site") is owned and operated by Company, which located at 4000 W. 106th Street, Suite 160-267, Carmel, IN 46032. Your use of the Site, as well as the online social networking and dating services, as well as other products, software and applications offered by Company (the "Services"), is governed by these Terms. By using the Site and the Services, you acknowledge that you have read and understood all of the Terms, and you agree to be bound by these Terms. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR THE SERVICES.
Company reserves the right to change, at any time: (i) the Terms under which the Site and the Services are offered; (ii) the Site and the Services, including eliminating or discontinuing any content on or feature of the Site or the Services; and (iii) any fees or charges for using the Site or the Services. It is your responsibility to review these Terms for any changes each time that you use the Site or the Services.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
License and User Conduct
Company grants you a limited license to access and make personal use of this Site and the Services. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of Company. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. Any unauthorized use of the Site or Services shall automatically terminate the license granted to you by Company for such use.
You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site and the Services. You agree that Company may terminate your use of the Site and Services in Company's sole discretion for any reason.
Your are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Company at admin@elitenoire.com of any unauthorized use of your password or account, or any other breach of security of which you become aware. IF YOU ARE UNDER TWENTY-ONE (21) YEARS OF AGE, YOU MAY NOT USE THE SITE AND SERVICES. Company reserves the right to refuse Services, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of Company. Company has no obligation to monitor the Site; however, you acknowledge and agree that Company has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others.
You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not transmit any materials or information to this Site that infringes on any copyright or other proprietary rights of any other person. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by Company; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT ELITENOIRE.COM DOES NOT IN ANY WAY GUARANTEE THAT ALL MEMBERS ARE SCREENED, NOR DOES ELITENOIRE® CONDUCT BACKGROUND CHECKS OR GUARANTEE STATEMENTS OF ITS MEMBERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT COMPANY MAKES NO GUARANTEE, EITHER EXPRESS OR IMPLIED, REGARDING YOUR COMPATIBILITY WITH OTHERS YOU MEET THROUGH THE SERVICE. YOU SHOULD NEVER PROVIDE YOUR FINANCIAL INFORMATION (I.E., YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
Registration and Payment Obligation
In order to gain access to the Services you must submit an application to Company, which must be approved by Company (in its sole discretion). Once your application is approved, you will receive a welcome email from Company which will invite you to enjoy the Services. The email will contain information on how to officially sign-up for the Services. You may cancel your access to the Services by (1) signing on (2) clicking on "My Profile" tab and then (3) selecting "Cancel Subscription." Please see the Cancellation Policy below regarding continuing financial obligations or potential refunds that could be applicable in the event that you cancel your membership or Company terminates your membership.
EliteNoire.com is currently offering a FREE LIFETIME MEMBERSHIP to approved applicants. For long as your account remains active you will NEVER incur a monthly membership fee as long as your account remains active. Your complimentary membership only applies to your account that is approved during this promotion.
In connection with your use of the Services, you may be required to register with Company by providing certain personally identifiable information about yourself, including your name, e-mail address, address, and credit card number. In consideration for Company granting you access to the Services, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested as and necessary for Company's provision of the Services, subject to all applicable laws. Since the Site and Services were created solely for professional African Americans, we may attempt to verify all information that you provide to us including employment and/or education. When necessary, EliteNoire® will attempt to verify your information via a third party verification company whose database holds such information. YOU GIVE COMPANY PERMISSION TO VERIFY YOUR INFORMATION WITH SUCH THIRD PARTIES IN ORDER TO DETERMINE WHETHER YOU SHOULD BE GRANTED ACCESS TO THE SITE AND SERVICES. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, Company has the absolute right to deny your application, or suspend or terminate your use of the Services at any time and refuse you any and all current or future use of the Services and refunds.
You are required to log into the Service at least once every sixty (60) days. If you fail to do so, the Company reserves the right to purge your profile from the Service and/or terminate your membership. In this case, the standard Cancellation Policy outlined below shall apply.
Cancellation Policy
You shall have access to the Site and Services until that access is cancelled or terminated pursuant to these Terms. You may cancel your subscription to the Site and Services by the selecting the "Cancel Subscription" button found on the "My Profile" tab of your Personal Profile. Your access to the Site and Services is completely at the discretion of Company, and your access to the Site and Services may be blocked, suspended, or terminated without prior notice at any time for any reason. In the event that Company determines, in its sole discretion, that you have violated these Terms or the Privacy Policy, your access to the Site and Services will be terminated immediately.
If you choose to cancel your membership, your access to the Site and Services will terminate immediately.
Copyrights and Trademarks
Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of Company, its affiliates, its licensors, and/or its affiliates' licensors. The graphics, icons, and overall appearance of this Site are the property of Company. The posting of information, documentation, and other content does not constitute a waiver of any of Company's, an affiliate's, and/or a third party licensor's proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of Company. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Company and its affiliates reserve the right to revoke this authorization at any time.
The ELITE NOIRE trademark and ELITE NOIRE logo, and other names of products and services referenced herein are trademarks of Company. All other products, services, and company names mentioned herein are the trademarks of their respective owners.
Links
This Site may contain links to other external sites. The links are provided "as is." You should be aware that you use them at your own risk. Company does not endorse, and Company is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. Company is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. Company shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
While Company strives to provide accurate Services and pricing information, pricing or typographical errors may occur. Company cannot confirm the price of Services until after you order. In the event that Services are listed at an incorrect price or with incorrect information due to an error in pricing or Services information, Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for the Services. In the event that Services are mispriced, Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS. ANY INFORMATION OBTAINED THROUGH THE SITE AND SERVICES HAS NOT BEEN VERIFIED, AND COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. COMPANY DOES NOT ENDORSE OR RECOMMEND, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, SERVICE OR SERVICE PROVIDER MENTIONED ON THE SITE.
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THESE DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF COMPANY'S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE TWENTY-ONE (21) YEARS OF AGE, OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COMPANY, NOR ANY OF COMPANY'S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "COMPANY ASSOCIATES") SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF OR RELATING TO: (1) YOUR USE OF THE SITE OR SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR A COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE; OR (2) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY OR ANY COMPANY ASSOCIATE IS TO STOP USING THE SITE AND SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT COMPANY'S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNTS PAID BY YOU TO COMPANY OR A COMPANY AFFILIATE IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM, OR (B) $500.00.
THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY AND THE COMPANY ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS' FEES, ARISING IN CONNECTION WITH USE OF THE SITE AND SERVICES BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN COMPANY AND YOU.
Notices
Where required, Company may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Company by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Company, please e-mail or write to:
Elite Noire, LLC
4000 W. 106th Street, Suite 160-267
Carmel, IN 46032
E-mail: admin@elitenoire.com
Company welcomes your questions and comments.
Laws and Regulations
Except to the extent that federal law may govern, these Terms and your access to and use of the Site and Services are governed by, interpreted, construed, and enforced in accordance with the laws of the State of Indiana, USA, without reference to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Marion County, Indiana, USA, in the event of any dispute arising under these Terms or arising out of your use of the Site and Services, and waive any future right to object to such jurisdiction and venue.
The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 the Terms shall remain in full force and effect. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. Nothing in these Terms shall be construed to establish a joint venture, agency, employment, or other business relationship between you and Company.
You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void. Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
These Terms, including any documents referenced herein, represents the entire understanding between you and Company regarding your relationship with Company and your use of the Site and Services. These Terms shall not be construed against any party by reason of its preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms supersede all previous written or oral agreements between you and Company with respect to such subject matter. Notwithstanding any provisions of these Terms, Company has available all remedies at law or equity to enforce these Terms.
PRIVACY POLICY
EliteNoire.com ("Company") respects your privacy, and takes the responsibility of protecting the personal and business information that you provide to Company via its website (the "Site") very seriously. To that end, Company herein discloses its privacy practices and the possible uses of the information that it gathers via its Site (the "Privacy Policy"). Please note that Company may update this Privacy Policy from time-to-time, and you should check this page periodically for changes. If changes are made, Company will notify all users by stating the date the Privacy Policy was updated on this page.
The Information Company Collects and Uses:
In order to obtain Company's services, take part in promotional activities for Company's services, obtain information materials from Company or have questions answered by Company, Company may request and/or collect from you personal information that may include: first and last name, home address, phone number(s), email address, credit or debit card number, and feedback on Company's services ("Personal Information"). By visiting Company's website you are accepting the terms of Company's Privacy Policy. Further, by voluntarily providing Company with your Personal Information, you consent to receive promotional and/or other marketing information about products, services and offerings from Company. If you elect to receive such promotional and/or marketing information, you may opt-out of receiving such materials by emailing Company at admin@elitenoire.com.
Company's servers may automatically track certain information about your activity on the Site. This information includes your browser type and version, your IP address, any referring URL, and any URLs you visit from the Site.
Company does not knowingly collect any Personal Information from or about a child under the age of 18. Company does not participate in bulk email solicitations that you have not consented to receiving (i.e., "spam"). Company does not sell or disclose client lists or email address lists, or pass on other Personal Information to third party advertisers. Company may share aggregated anonymous information with third party advertisers, but this aggregated anonymous information cannot be matched with you personally unless you voluntarily share your Personal Information with the third party advertisers. Company may disclose your Personal Information to the extent required to fulfill your orders or other transactions, and if required or permitted to do so by law, or in the good-faith belief that such action is necessary to protect and defend the rights or property of Company or the users of the Site, or to act under urgent circumstances to protect the safety of Company or its employees or a member of the public. Company may disclose and/or transfer your Personal Information to a buyer or transferee of all or a portion of its assets in conjunction with the sale or transfer of such assets.
Company may use cookies to recognize you and your access privileges to the Site, as well as to track Site usage. Cookies are stored on your computer's hard drive, and serve as indexes to a database. Cookies also help Company to establish usage trends and to tailor Site content and develop further enhancements. You are always free to set your browser to decline Company's cookies, and you can delete cookies from your computer. Disabling or deleting cookies, however, may interfere with your ability to access some areas of the Site now or at some point in the future.
External Websites
The site may contain windows or hyperlinks which provide access to other websites not affiliated with Company. Your use of an external website or any informational content found on an external websites is subject to and governed by the terms and guidelines of said external website. Company does not endorse or make any representations or warranties concerning, and will not in any way liable for, any informational content, products, services, software, or other materials available on an external website, even if one or more pages of the external website are framed within a page of this Site. Company is not responsible for the privacy practices of any external website. For your protection, please refer to the terms of service and privacy policies of the respective external websites.
Company's Commitment to Data Security
To improve data security and restrict access to your personal and business information, Company has put in place certain physical, electronic, and managerial procedures to safeguard the information Company collects via the Site. Company does not, however, guarantee that information collected via the Site is or will be completely secure from misappropriation by hackers or from other dishonest or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network.
Update of Information
If you ever wish to access your Personal Information, or to have your Personal Information updated, changed or modified, you may do so by logging into your Personal Profile Page and selecting "Edit Basic Details." Or you may contact Company by mail or email at the addresses indicated below.
Elite Noire, LLC
4000 W. 106th Street, Suite 160-267
Carmel, IN 46032
E-mail: admin@elitenoire.com