Maximum Return by Elf Web Site Terms of Use Agreement

Welcome to our site. We maintain this web site as a service to our customers. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. For purposes of this Agreement, the terms "we," "us," "our," and "MAXIMUM RETURN BY ELF," refer to MAXIMUM RETURN BY ELF , and all other affiliates of MAXIMUM RETURN BY ELF. "You" refers to you, as a user of this site. If you do not agree to these terms, you shall not have the right to use this site in any way, review information and/or obtain goods or products from or through this site.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). Each time you access this Site, you confirm your agreement to abide by this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site and you should review this Agreement prior to each time that you wish to use the Site.

2. New and Additional Services. MAXIMUM RETURN BY ELF has the right (but not the obligation), from time to time, to introduce or remove or replace services on this Site. By using any services, including new or additional services when they become available, you agree to be bound by the terms outlined in this Agreement, in addition to any other agreements applicable to those services.
   
   

3. Electronic Mail. MAXIMUM RETURN BY ELF may provide e-mail forms as a way for you to ask questions, or express comments or concerns regarding MAXIMUM RETURN BY ELF services or products.
   
   

4. Payment Account. There are no fees for accessing this Site, however you may be asked to designate a payment account for products or services offered through this Site. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to charge the account that you have designated as the payment account for the fees or charges associated therewith. If the designated payment account is closed, you are required to notify MAXIMUM RETURN BY ELF and designate a new account. All terms and conditions provided to you at the time you subscribe to a service are hereby incorporated by reference herein and shall have the full force and effect as if set forth herein in full. Use of this Site to access these services constitutes your acknowledgment of and agreement to said disclosures.
   
   

5. Internet Access Fees and Telephone Charges. You agree to be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses you incur by accessing the Site. Please note that these fees may be assessed and billed separately by your online service provider or phone company.
   
   

6. Hours of Access. You can access the Site seven days a week, 24 hours a day. However, at certain times, some or all of this Site may not be available due to system maintenance. During these times, you may contact MAXIMUM RETURN BY ELF by telephone or mail.
   
   

7. Additional Terms and Conditions and Other Agreements. In addition to this Agreement, you agree to be bound by, and will comply with, any additional MAXIMUM RETURN BY ELF's rules and regulations, and applicable state and federal laws and regulations. Moreover, particular services you access through this Site may be subject to additional terms and conditions of MAXIMUM RETURN BY ELF or third parties that may appear on this Site or on other web sites or on other materials. You expressly agree to be bound by the terms and conditions associated with those services, in addition to those found in this Agreement.
   
   

8. Termination. MAXIMUM RETURN BY ELF reserves the right to terminate this Agreement and your access to this Site, in whole or in part, at any time.
   
   

9. Assignment. MAXIMUM RETURN BY ELF has the right to assign this Agreement to any now-existing or future direct or indirect subsidiary or affiliate of MAXIMUM RETURN BY ELF. MAXIMUM RETURN BY ELF reserves the right to assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
   
   

10. Disclosure of Account Information. You authorize MAXIMUM RETURN BY ELF and each of its affiliates to disclose to third parties, agents, and other representatives, including without limitation, consultants, auditors or attorneys, information you have provided or that we or our affiliates have obtained about your accounts and the transactions associated therewith in the following instances: i) when it is necessary or helpful in completing a transaction; ii) to comply with a law, regulation or court order which applies to us or an affiliate; iii) when you authorize us to; iv) to local, state and federal authorities, if we believe a crime may have been committed involving you; and/or v) in response to requests by agents of MAXIMUM RETURN BY ELF, or its affiliates, such as independent auditors, attorneys or consultants.
    
    

11. Intellectual Property Rights. You hereby acknowledge and agree that MAXIMUM RETURN BY ELF exclusively owns all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site (collectively "Materials"), and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site, except as expressly provided in this Agreement, is strictly prohibited. You do not acquire any ownership rights to any of the Materials. Our posting of information or materials on the Site does not constitute a waiver of any of MAXIMUM RETURN BY ELF's rights in such Materials.
    
    

12. Trademarks. You hereby acknowledge and agree that MAXIMUM RETURN BY ELF , and other MAXIMUM RETURN BY ELF marks on the Site are either trademarks or service marks of MAXIMUM RETURN BY ELF and shall remain the exclusive property of MAXIMUM RETURN BY ELF. Other product and company names mentioned on the Site may be trademarks of their respective owners.
    
    

13. Limited Right to Use. Subject to your compliance with the terms of this Agreement, MAXIMUM RETURN BY ELF grants you a limited, non-exclusive, non-transferable, indivisible license, without the right to sublicense, to view, print or download certain contents, graphics, forms or documents from the Site solely for use by you for your own personal use and not for republication, distribution, assignment, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or hereafter devised, other than for your personal use (but not for resale or redistribution).
    
    

14. Editing, Deleting and Modification. We reserve the right, in our sole discretion, to add, edit or delete any documents, information or other content appearing on the Site.
    
    

15. Indemnity. You agree to indemnify, defend and hold harmless MAXIMUM RETURN BY ELF, its officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns (collectively "Affiliated Parties") from all liabilities, losses, damages, claims and expenses, including reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to: (a) your breach or violation of this Agreement; (b) your use of the Site; (c) any transactions or other activities you engage in with any third party service providers, third party merchant sites ("Merchants"), or who you access by or through this Site; (d) your infringement or violation of the intellectual property or other rights of third parties; and/or (e) your negligence or willful misconduct. In the event, you fail to promptly indemnify and defend such claims and/or pay MAXIMUM RETURN BY ELF's expenses, as provided above, MAXIMUM RETURN BY ELF shall have the right to defend itself, and in that case, you shall reimburse MAXIMUM RETURN BY ELF for all of its reasonable attorney's fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of MAXIMUM RETURN BY ELF's written requests.
    
    

16. Assignment. Your right to use the Site is not transferable or delegable, by express grant, operation of law or otherwise. You have no right to assign, transfer, loan, give away, or disclose on this Site or any right given to you to obtain information or documents.
    
    

17. No Warranty. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE). YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MAXIMUM RETURN BY ELF AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PROVIDED VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAXIMUM RETURN BY ELF THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALTHOUGH WE HAVE TAKEN MEASURES TO PROVIDE SECURITY FOR COMMUNICATIONS FROM YOU TO MAXIMUM RETURN BY ELF VIA THIS SITE AND MAY HAVE REFERRED TO SUCH COMMUNICATION AS "SECURED," MAXIMUM RETURN BY ELF CANNOT AND DOES NOT PROVIDE ANY GUARANTY OR WARRANTY OF SUCH SECURITY.
    
    

18. Disclaimer and Limits. EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER WE NOR THE SERVICE PROVIDERS AFFILIATED WITH THE SITE SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, MAXIMUM RETURN BY ELF, OR BY INTERNET BROWSER PROVIDERS SUCH AS NETSCAPE OR MICROSOFT, OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF THE FOREGOING. NOR SHALL MAXIMUM RETURN BY ELF OR THE THIRD PARTY SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, THE BREACH THEREOF, THE INSTALLATION, DOWNLOAD, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, MAXIMUM RETURN BY ELF SERVICES, OR INTERNET BROWSERS OR ACCESS SOFTWARE, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THIS USE OF THE SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER. YOU FURTHER AGREE THAT EACH AND EVERY PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS EXPRESSLY INTENDED TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISIONS SINCE THESE PROVISIONS REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES AND SHALL BE SEPARATELY ENFORCED. THIS SITE AND THE INFORMATION HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
    
    

19. Third-Party Services. We may allow access to or advertise for Merchants from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, product performance and warranties, billing and customer service. We are not a party to the transactions entered into between you and any Merchants. You agree that your use of such Merchants is AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
    
    

20. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
    
    

21. Privacy Policy. Our Privacy Policy, as it may change from time to time, is hereby incorporated by reference herein and shall be deemed a part of this Agreement for all interests and purposes. We reserve the right, and you authorize us, to use and assign all information regarding uses of the Site by you and all information provided by you in any manner consistent with our Privacy Policy and this Agreement.
    
    

22. Links to Other Web Sites. The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us, nor do we maintain any editorial or other control over such web sites. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so solely at your own risk.
    
    

23. Information and Press Releases. The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.
    
    

24. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent:
    
    

    • Service Provider (s):

    • Name of Agent Designated to Receive Notification of Claimed Infringement

    • Full Address of Designated Agent to Which Notification Should be Sent

    • Telephone Number of Designated Agent

    • Facsimile Number of Designated Agent

    • Email Address of Designated Agent
      
      

    To be effective, the notification must be a written communication that includes the following:
    
    

    1. A physical or electronic signature of persona authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    2. Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works a that site;

    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
       
       

25. Miscellaneous. This Site (excluding linked sites) is controlled by MAXIMUM RETURN BY ELF from its offices within the State of Nevada, United States of America. Both parties agree that this Agreement shall be deemed executed and performed by both parties in Las Vegas, Nevada. This Agreement shall be interpreted and enforced according to the substantive laws of the State of Nevada, without application of its conflicts or choice of law rules. Both you and MAXIMUM RETURN BY ELF irrevocably submit to the jurisdiction of the state and/or federal courts located in Las Vegas, Nevada for any action or proceeding regarding this Agreement, and waive any right to assert the doctrine of forum non-conveniens or otherwise object to the jurisdiction or venue of the courts in Las Vegas County, Nevada. MAXIMUM RETURN BY ELF makes no representation that materials on the Site are appropriate or available for use in locations other than Las Vegas, Nevada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so solely on their own initiative and are solely responsible for compliance with local laws.
    
    Any cause of action by you with respect to the Site and/or any information, products or services related thereto, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
    
    

26. Attorneys' Fees. In the event a dispute arises regarding this Agreement or the use of the Site, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to damages and any other relief to which it is entitled.
    
    

27. Questions or Concerns Concerning MAXIMUM RETURN BY ELF and this Terms of Use Agreement. In the event you have a question or concern concerning MAXIMUM RETURN BY ELF and/or this Agreement, you should notify us in writing at:
    Maximum Return by Elf
    2115 S. Rainbow Blvd.
    Las Vegas, NV 89102