Website Terms and Conditions
Agreement between User and www.elitecompetitor.com
Welcome to www.elitecompetitor.com. The www.elitecompetitor.com website (the "Website") is comprised of various web pages operated by The Elite Competitor, LLC ("Company"). www.elitecompetitor.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.elitecompetitor.com constitutes your agreement to all such Terms. If you do not wish to be bound by the Terms, please do not use or access our Website.
www.elitecompetitor.com is an E-Commerce Website controlled and run by Company.
Company offers mental coaching programs designed for young athletes and their parents. The Website offers access to coaching and training programs, podcasts and merchandise (collectively, the “Service”).
Privacy
Your use of www.elitecompetitor.com is subject to Company's Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.
No Therapeutic Relationship
We are not a licensed mental health provider. The Service does not constitute therapeutic services and does not create a therapeutic relationship between Company and its customers. The information provided through the Service is not intended to be a substitute for professional advice from a licensed health care professional, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, therapist, nurse, physician’s assistant, or any other health care professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Therefore, you are advised to not disregard or delay seeking professional medical or mental health advice due to information provided through the Services, our website, our free content or 1:1 Coaching. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.
Electronic Communications
By creating an account on the Website, signing up for challenges, participating in surveys, free trainings, summits and other live or on-demand events, sending emails to us, or providing your email address and/or phone number to us through the Website, you consent to receiving electronic communications, including newsletters, marketing or promotional materials or other information we may send. You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. You may opt out of receiving any or all of these communications by clicking on the unsubscribe link or following instructions to unsubscribe in any email from us.
Email Messaging
We are committed to keeping your e-mail address confidential. We do not sell or share our subscription lists to third parties and will not disclose your email address to any third parties unless allowed under our Privacy Policy.
We will handle and store the information you send via email in accordance with applicable US federal law. In compliance with the CAN-SPAM Act, all e-mails sent from us shall clearly state who the email is from and shall provide information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to unsubscribe from our mailing list.
Customers who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the email.
Mobile Messaging
We may send promotional and transactional mobile messages. Promotional messages advertise and promote our products and services and may include promotions, specials, other marketing offers, and abandoned checkout reminders. Transactional messages relate to an existing or ongoing transaction and may include order notifications and updates, appointment reminders, and other transaction-related information. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed five messages per day. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
User Opt-In
By providing your mobile phone number to us, you are voluntarily opting in to receiving SMS/MMS messages from us and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [email protected]. Your participation is not required to make any purchase from Company and your participation is completely voluntary.
User Opt-Out and Support
You may opt-out of receiving text messages at any time. If you wish to opt-out and stop receiving mobile messages from us, reply STOP to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate our texting programs and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
Modifications to Texting Program
We may modify or cancel our texting program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the texting program will constitute your acceptance of those modifications.
Your Account
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access from unauthorized parties to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
We are fully compliant with the Children’s Online Privacy Protection Act. We only collect reasonably necessary personal information from persons under the age of thirteen with verifiable parental consent and allow parents to control how their children’s personal information is used. If you are under thirteen years old, you may use www.elitecompetitor.com only with the permission of a parent or guardian.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to provide information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping address and email address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to product or service availability, errors in the description or price of the product or service, error in your order, suspected fraud or unauthorized transaction or other reasons.
Some purchases may include product terms and conditions in addition to these Terms and should be read and fully understood. In completing a purchase, you agree to be bound by these Terms, as well as the product terms and conditions.
Affiliates and Links to Third Party Sites
www.elitecompetitor.com may contain links to other websites ("Linked Websites"). Third party Linked Websites on our Website or our email communications may have an affiliate relationship with us. We only endorse products and/or services that we trust and wholeheartedly believe in because we have tried them ourselves. However, the Linked Websites are not under our control and we are not responsible for the contents of any Linked Website. We recommend that you conduct your own independent research before purchasing any product(s) or service(s) from Linked Websites.
Certain services made available via www.elitecompetitor.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.elitecompetitor.com domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of www.elitecompetitor.com users and customers.
Contests and Promotions
Any contests or promotions (collectively, “Promotions”) made available by Company may be governed by rules that are separate from these Terms. If you participate in any Promotions (e.g. scholarships, awards of free events and/products or Company merchandise), please review and our Privacy Policy. No purchase is required to participate in a contest or promotion. Information about eligibility requirements, termination date of the promotion and/or contest and date when winners will be selected will be communicated to participants.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.elitecompetitor.com strictly in accordance with these terms of use. As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Company content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the copyright owner. You agree that you will not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or that of our licensors except as expressly authorized by these Terms.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been used in a manner which constitutes copyright infringement, please submit your claim to [email protected] (“Copyright Agent”), with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held liable for damages (including related costs and attorneys’ fees) for misrepresentation or bad-faith claims.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- Identification of the specific copyrighted work(s) claimed to have been infringed;
- Identification of the material 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 (e.g. URL);
- Your address, telephone number and email address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright holder or a person authorized to act on behalf of the copyright holder; and
- An electronic or physical signature of the copyright holder or a person authorized to act on behalf of the copyright holder.
International Users
The Service is controlled, operated and administered by Company within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through www.elitecompetitor.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of the Website and/or Service, your violation of any these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
Governing Law
These Terms shall be construed in accordance with the laws of the State of Washington. Company’s failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Dispute Resolution
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, and all proceedings will be conducted in King County, Washington. The decisions of the arbitration shall be final and each party agrees to be bound by the arbitration board.
In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms whether directly or indirectly. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each party’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
The information, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information. Company and/or its suppliers may make improvements and/or changes on the Website at any time.
Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, all such information, products, services and related graphics are provided "as is" without warranty or condition of any kind. Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages arising out of or in any way connected with the use or performance of the Website or inability to use the Website or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise. Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Termination/Access Restriction
Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. You may discontinue using the Service at any time, unless previous agreements are mutually in place that bind to an agreed upon duration. All provisions of the Terms shall survive the termination of the Service, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Changes to Terms and Conditions
Company reserves the right, in its sole discretion, to change the Terms under which www.elitecompetitor.com is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
We welcome your questions or comments regarding the Terms:
The Elite Competitor, LLC
300 Lenora Street, #6086
Seattle, Washington 98121
Email Address:
Effective as of June 22, 2024
