TERMS OF SERVICE
This website is operated by Elite Cuisine LTD. Throughout the site, the terms “we”, “us” and “our” refer to Elite Cuisine LTD. Elite Cuisine LTD. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of terms of service.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Changes to Terms of Service
Elite Cuisine LTD reserves the right to change these Terms of Service in its sole discretion without advance notice. Changes to these Terms of Service become effective on the date when the updated Terms of Service are published on a Website. By using the Site after a change in the Terms of Service, you agree to follow and be bound by the Terms of Service as changed.
Modifications to Websites, Products and Services
Elite Cuisine LTD reserves the right to modify in whole or in part, or temporarily or permanently discontinue, any Website or any products, services or content contained on a Website for any reason and at any time and without notice.
Links to Other Websites
The Websites include links to and utilize tools and other functionality from other websites (collectively, "Third Party Websites"). You acknowledge that Elite Cuisine LTD does not control the Third Party Websites and is not responsible for any content, services, products or practices of the Third Party Websites. Your use of any Third Party Websites is at your own risk.
Elite Cuisine LTD periodically schedules system downtime for maintenance and other purposes and the Website may be unavailable due to unplanned system outages or circumstances outside of Elite Cuisine LTD's control. Elite Cuisine LTD shall have no liability to any user or third party whatsoever for the resulting unavailability of a Website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages.
The Websites may utilize both secure and non-secure sections and pages. Elite Cuisine LTD uses commercially reasonable security protocols to protect the transmission of data submitted using the secure portions of the Website. Before submitting any sensitive data using the Website, be sure your web browser displays a secure web address beginning with "https://..." Although Elite Cuisine LTD cannot guarantee that unauthorized third parties will never be able to defeat the security measures employed by Elite Cuisine LTD, we periodically update our technology in order to improve the protection of customer information.
Ownership of Website Content
Elite Cuisine LTD, its affiliates, or third party content or service providers own all copyrights, trademarks, trade dress and other intellectual property contained on the Websites or contained in email correspondence you may receive through a Website ("Content"). Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the arrangement of Content on the Websites as a whole.
Use of Content
You are authorized only to use the content on the Website for personal use or legitimate business purposes related to your role as a current or prospective customer, authorized supplier, or authorized distributor of Elite Cuisine LTD. Use of Content pursuant to this Agreement shall not convey or transfer any intellectual property rights to you. Portions of Websites may allow you to post, pin or share Content on social media pages, such as Facebook, Pinterest, Instagram or Twitter. Use of Content on social media pages is subject to these Terms of Service and the terms and conditions of such social media websites. If you choose to post Content on social media, you may only use or download such Content in its unmodified form for your own personal or legitimate business purposes. You agree not to alter or remove any copyright or other proprietary notices included in such materials.
Notwithstanding the above, you shall not use any Content as part of a domain name, social media account name or user group.
Elite Cuisine LTD reserves the right to remove, or have removed, any Content from any third party website or social media website in Elite Cuisine LTD's sole discretion. You agree to comply with or not oppose any take down request made by or on behalf of Elite Cuisine LTD.
The above limited license to use Content does not apply to the use, downloading, compiling, data mining, reverse engineering or exporting of software or technical data from a Website for any reason.
Use of the Websites
You agree to use the Websites only for lawful purposes and comply with the following:
(a) Specifically you agree not to do any of the following: (i) communicate to Elite Cuisine LTD or upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit use of the Website by others; (vi) upload or otherwise transmit files that contain a virus or corrupted data; (vii) collect information about others (including email address) without their consent (viii) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website); (ix) post "spam", transmit chain letters or engage in other similar activities; or (x) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Elite Cuisine LTD, may harm Elite Cuisine LTD or users of the Website or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chat room or any other publicly available section of the Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Elite Cuisine LTD, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Elite Cuisine LTD. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Elite Cuisine LTD, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Elite Cuisine LTD or to any area of the Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Elite Cuisine LTD and/or post it to the Website. You grant to Elite Cuisine LTD the right to use all content you upload or otherwise transmit to Elite Cuisine LTD or the Website in any manner Elite Cuisine LTD chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) Elite Cuisine LTD reserves the right, but does not assume any responsibility, to (i) remove any material posted on the Website which Elite Cuisine LTD, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Elite Cuisine LTD has been notified, or has reason to believe, constitutes a copyright infringement; and (ii) terminate any user’s access to all or part of the Website. However, Elite Cuisine LTD can neither review all material before it is posted on the Elite Cuisine LTD Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Elite Cuisine LTD assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Elite Cuisine LTD reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, Elite Cuisine LTD has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Elite Cuisine LTD Website and may expose you to civil and/or criminal liability.
Elite Cuisine LTD has made every effort to accurately display the products featured on the Websites. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. We cannot guarantee that your monitor's display of any color, texture, or merchandise details will be accurate. If for any reason you are not completely satisfied with your purchase, please see the Website’s return policy.
We attempt to provide the most recent, accurate, and reliable information on our Websites. However, there may be occasions when information featured on our Websites may contain typographical errors, incomplete data, inaccuracies, or items featured on the Websites that are no longer in stock. We do not warrant that the information accessible via these Websites is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update product information at any time.
Warranty and Liability Disclaimers
Elite Cuisine LTD does not assume any liability for the materials, information and opinions provided on, or available through, the Website or any other Elite Cuisine LTD web site (Site Content). Reliance on the Site Content is solely at your own risk. Elite Cuisine LTD disclaims any liability for injury or damages resulting from the use of any Site Content.
THE WEBSITE, ALL OTHER WEBSITES, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE OR ANY OTHER Elite Cuisine LTD SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER Elite Cuisine LTD NOR ANY PERSON ASSOCIATED WITH Elite Cuisine LTD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER Elite Cuisine LTD NOR ANYONE ASSOCIATED WITH Elite Cuisine LTD WARRANTS OR REPRESENTS THAT ANY WEBSITE, ITS CONTENT OR THE SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Elite Cuisine LTD DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Limitation on Damages
IN NO EVENT WILL Elite Cuisine LTD OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY WEBSITE, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY WEBSITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY Elite Cuisine LTD AND WHETHER OR NOT Elite Cuisine LTD HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IF YOU HAVE A CLAIM AGAINST Elite Cuisine LTD THAT ARISES OUT OF THIS AGREEMENT OR IS OTHERWISE RELATED TO THE WEBSITE, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Elite Cuisine LTD TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID Elite Cuisine LTD FOR SERVICES RELATED TO THE WEBSITE OVER THE PRECEDING TWELVE (12) MONTHS; OR (B) $100.
You agree to defend, indemnify and hold harmless Elite Cuisine LTD and its affiliates and subsidiaries; and their respective officers, directors, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Websites in violation of any of these Website Terms of Service.
Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
Your failure to comply with these Website Terms of Service automatically revokes your authorization to use the Websites and terminates all rights granted to you under the Website Terms of Service. Your obligations to Elite Cuisine LTD and its affiliates and third party service providers relating to your use of a Website or products purchased on or through a Website prior to termination shall continue after termination. Restrictions regarding the Content, disclaimers and liability limitations under the Website Terms of Service shall survive termination of this Agreement for any reason.
We display these Websites and the Content solely to market and promote products and services in the United States. If any provision of these Website Terms of Service, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of the Website Terms of Service, and the rest of the Website Terms of Service shall remain in full force and effect. These Website Terms of Service are the entire agreement between you and Elite Cuisine LTD and its affiliates and subsidiaries relating to the Websites. These Website Terms of Service supersede and cancel any prior written or oral agreement between you and Elite Cuisine LTD and its affiliates and subsidiaries, which shall have no further force or effect.