ELITE TUNING SCHOOL LLLP – TERMS OF SERVICE
Here within are the Terms and Conditions governing the use of Elite Tuning School LLP’s service and the agreement that operates between You and the Elite Tuning School LLLP. These Terms and Conditions set out the rights and obligations of all users regarding the use of our website, content, and services. This website is operated by Elite Tuning School LLLP. Throughout the agreement, Elite Tuning School shall be referred to as “we”, “us”, “our”, and/or “ETS”.
Elite Tuning School offers this website, including all information, tools and services available from this site to you – the user (also referred to as “you”) – conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. By visiting our site and/or purchasing from us, you willingly engage in our services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms/conditions/policies referenced herein and/or available by request. These Terms of Service apply to ALL users of our site without limitation. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of our site, you willingly acknowledge and agree to be bound by these Terms of Service. Terms of Service acceptance also encompasses the refund policy and privacy policy. If you do not agree to all terms and conditions of this agreement, then you may not access the website or any services offered by ETS. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new/modified content within ETS shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time by visiting www.elitetuningschool.com/pages/terms. We reserve the right to update, change or replace any part of these Terms of Service at any time. It is the responsibility of our users to check this page periodically for updates. Your continued use of or access to the ETS website or content following the posting of any changes constitutes willing acceptance of the changes. Your access to and use of ETS website/content/services is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use our system or the website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our service. It can be found by visiting www.elitetuningschool.com/pages/privacy.
The following headings used in this agreement are included with the sole purpose of convenience and will not limit or otherwise affect the terms.
SECTION 1 – GENERAL CONDITIONS
ETS reserves the right to refuse service at our sole discretion. This includes refusing anyone for any reason at any time without explanation. You understand that your content (not including financial information), may be transferred unencrypted and (1) involve transmissions over various networks; and (2) changes based upon technological requirements of connecting devices and networks. You agree not to duplicate, copy, reproduce, share, sell, resell, or exploit any portion of the ETS content, information, service, use of service, or access to our service. Any attempt to do so must be requested by email ([email protected]) and approved with expressed written permission by ETS. Any violations of this, or any other term within, is subject to be prosecuted to the fullest extent of law including any litigation costs and attorney/legal fees. ETS reserves the right to add, remove, update, change, and/or replace any part of these Terms of Service at our sole discretion by posting updates and changes directly to our terms of service webpage. ETS will not directly notify users regarding the changes, and it is the sole responsibility of you, our clients/users, to check our website periodically for changes. Your continued use of the ETS website/services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes. You can review the most current version of the Terms of Service at any time by revisiting this page.
SECTION 2 – PRODUCTS OR SERVICES (IF APPLICABLE)
ETS reserves the right to limit the sales of any of our services to any person, group, or organizations. We may exercise this right on a case-by-case basis at our sole discretion. All descriptions of services/service pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any service at any time without notice. Any offer for any service made on this site is void where prohibited. We do not warrant that the quality of any courses, content, information, services, or any other material purchased or obtained through ETS will meet your expectations. We do not warrant that all errors in the Service will be corrected. There may be content or information within ETS’s site or services that contains errors, inaccuracies, opinions, or omissions. We reserve the right to correct any of these instances with no prior notice, and we reserve the right to change/update information (including cancellation of submitted orders if necessary). ETS is under no obligation to specify updated or refresh dates regarding the Service or on any related website. ETS is under no obligation to update, clarify, or amend information in the Service or any related website – except as required by law.
SECTION 3 – MODIFICATION TO PRICES AND SERVICES
ETS reserves the right to modify prices for any product at any time without notice. All prices are subject to change at our sole discretion. We reserve the right to modify or discontinue any content offered through ETS without notice at any time. ETS shall not be held liable to you or a third-party for any modification, price change, altering, or discontinuing of content or services. You also agree that from time to time, ETS may remove certain services for indefinite periods of time or cancel services at any time, without notice to you.
SECTION 4 – ONLINE LEARNING COURSES/UPDATES
ETS online courses are only accessible for a limited amount of time. Course access begins on the date of purchase and runs consecutively for the length of time specified below. It is the responsibility of the user to be aware of course accessibility.
- Basic Courses = 120 days of access
- Advanced Courses = 180 days of access
- Course Bundles = 270 days of access
- Pro/Shop Bundle = 365 days of access
ETS reserves the right to change/update course access timeframes at our sole discretion without notice. In the event of an upgraded online course becoming available, the outdated course will still be available to the original purchasing customers. No new purchases of said outdated course will be available. ETS accounts and course purchases are for individual use only. Account information (including but not limited to usernames and passwords) and course content/materials are not to be shared or transferred in any way. In the event that ETS has reason to believe a course is being shared, transferred, or used in a way that violates these Terms, the original purchaser's course access will be suspended, and you will be removed from the ETS system. ETS reserves the right to prosecute to the fullest-extent of the law. ETS reserves the right to periodically update or upgrade course information for many reasons including (but not limited to) new software, software updates, unforeseen software information, or other revisions. All course updates are free to the original purchaser and is available upon request. Updates do not extend to technical, remote/live, or email support.
SECTION 5 – LOSS OF CONTENT
Although regular backups of content are performed, ETS does not guarantee there will be no loss or corruption of data on our website or platforms. Corrupt or invalid backup points or loss of data may be caused by, without limitation, content that is corrupted prior to being backed up, viruses or other damaging malware, or that changes during the time a backup is performed. ETS will provide support and attempt to troubleshoot any known or discovered issues that may affect the loss of Content. But You acknowledge that ETS has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
SECTION 6 – INFORMATION WITHIN ETS
As briefly mentioned in section 2, ETS will not be held responsible if information or content within our courses/site is inaccurate, incomplete, or outdated. The information on this site and within our courses is provided for general information only and should not be relied upon solely as the basis for making decisions. It is recommended that the user always consults additional sources of information in conjunction with the content we provide. Any historical, time-based information provided may be used for reference and is not necessarily current. ETS reserves the right to modify any content provided on our site at any time without notice, but has no obligation to do so.
Our services are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, ETS, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, ETS provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither ETS nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. In no case shall ETS be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, automotive breakage, replacement costs, or any similar damages whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services, or for any other claim related in any way to your use of ETS service or information. This includes but is not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available by via ETS, even if advised of their possibility. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
SECTION 7 – ONLINE USER TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given ETS your consent to allow any of your minor dependents to use this site. When you create an account with ETS, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account with ETS.
You are responsible for safeguarding the password that you use to access our service and for any activities or actions under your password, whether your password is with our service or a third-party service including but not limited to social media. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You may not use ETS products or information for any illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction in the use of the Service. This includes but is not limited to the copywrite laws. ETS website/courses may not be used to transmit viruses or any technology/code with destructive behavior. A violation of any of these terms warrants immediate termination of your services without notice and prosecution to the fullest extent of the law at our sole discretion.
SECTION 8 – PERSONAL, ACCOUNT, AND BILLING INFORMATION
All personal information submitted to ETS by its’ users is governed by our Privacy Policy. Your use of or access to the ETS website or content constitutes willing acceptance of the Privacy Policy. All users of ETS website/products agree to provide accurate, current, and complete account information for all purchases. You agree to promptly update any account information that changes following your account creation including but not limited to email address, billing address, phone number, credit card numbers/expiration date so that we can complete your transactions and contact you as needed. ETS reserves the right to refuse any order placed, and ETS reserves the right, in sole discretion, to restrict, limit, or cancel quantities of purchases without explanation. These restrictions may include consideration/factors including (but not limited to) orders made per person, per household, per account, per payment method, billing and/or shipping address. We reserve the right to limit, cancel, or prohibit orders that we (in our sole judgement) believe to be fraudulent or appear to be placed by dealers, resellers, or those who intend to use ETS products in ways that violate these Terms of Service. In the event that we modify or cancel your order, we may attempt to (but are not obligated to) notify you by using the contact information you provided when your account was created.
SECTION 9 – REFUND/EXCHANGE POLICY
Due to the digital nature of the material provided and types of services ETS offers, we do not offer refunds, cancellations, or exchanges of any type and ALL SALES ARE FINAL.
*If you are a resident of the European Union, you have the right to cancel the contract for the purchase of Digital Content from ETS for a refund within a period of 14 days beginning with the day after purchase. Once your refund has been initiated by ETS, you will no longer have the right to access our digital content and it will be terminated from your account.
**Please note that once you access or download any digital content that you purchase, you no longer have the right to cancel your purchase or request a refund for that content.
SECTION 10 – THIRD-PARTY
In the event that ETS provides information or access to third-party tools, content, or links, the user acknowledges and agrees that we have neither control nor input over said material and are not affiliated with those sites/parties. We are not responsible for examining or evaluating the content or accuracy and have no liability whatsoever arising from or relating to your use of third-party tools, products, information, or services. ETS provides any information without conditions or endorsements. Any use of said information is entirely at your own risk and discretion. Any purchase, enabling, or engagement of third-party services, including but not limited to implementation, customization, consulting services, and any exchange of data between you and any third-party service, is solely between you and the applicable third-party service provider and is subject to the terms and conditions of such third-party service provider. ETS does not warrant, endorse or support third-party services and is not responsible or liable for such services/products or any losses or issues that result as your use of such services or product. You represent and warrant that your use of any third-party service provider signifies your independent consent to the access and use of your data/personal information by the Third-Party Service provider, and that such consent, use, and access is outside of ETS’s control. ETS will not be responsible or liable for any disclosure, modification or deletion of data resulting from any such access by third-party service provider providers. In addition, ETS does not warrant and will not be held liable for any third-party materials/websites, or for any usage of other services, materials, or products of third-parties. ETS will not be held liable for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites/individuals/businesses. ETS strongly recommends that carefully review and ensure you are familiar with any third-party’s policies and practices. Make sure you approve of the terms of service of the relevant third-party providers prior to engaging in any transaction. Any complaints, concerns, claims, or questions regarding third-party material or products should be directed to the third-party.
SECTION 11 – INTELLECTUAL PROPERTY
Our services and its original content, features, and functionality are and will remain the exclusive property of ETS. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ETS. You agree that ETS may at any time (without restriction or notification) edit, copy, publish, distribute, translate or otherwise use your intellectual property/text/image(s) that was provided to us by email, postal mail, social media interaction, verbally, or otherwise. This intellectual property includes but is not limited to comments, images, suggestions, feedback, plans, creative ideas, etc. and will collectively be referred to as ‘feedback’. You recognize that this feedback could be requested or unrequested and we are and shall be under no obligation to (a) pay or compensate you in any way for any feedback, (b) maintain any feedback in confidence, (c) to respond in any way on any medium.
SECTION 12 – ONLINE CODE OF CONDUCT
You agree that ETS may, but has no obligation to monitor, edit, or remove online interaction that we determine in our sole discretion to be unlawful, threatening, offensive, libelous, obscene, defamatory, pornographic, or otherwise objectionable or violates any other party’s intellectual property or our Terms of Use. You agree that your interactions with our content/site/related pages will not violate any right of any third-party including but not limited to copyright, trademark, privacy, or other personal/proprietary rights. You also agree that your interactions will not contain libelous or otherwise unlawful, abusive, or obscene material. Interactions may not contain any malware or computer virus that could affect the operation of ETS or third-party users in any way. ETS reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any content is appropriate and complies with this Terms, refuse or remove this content. ETS further reserves the right to make formatting and edits and change the manner of any content. ETS can also limit or revoke the use of the service if you post such objectionable content. As ETS cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You may not use false identifying information (including but not limited to names/usernames/accounts/email addresses), impersonate or pretend to be someone other than yourself, or otherwise mislead ETS, users, or third-parties. You are solely responsible for any online interactions or comments you make and their accuracy. ETS assumes no responsibility and/or liability for any comments or interactions by you, other users, or third-parties.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the ETS site/its content/our services (or enabling others to): (1) infringe upon or violate our intellectual property rights or the rights or the intellectual property rights of others; (2) copy or reproduce any part of ETS courses or programs; (3) sublicense, copy, lend, lease, rent, transfer or otherwise make any part of the Software available to any third party; (4) in any way prohibited by the law; (5) to solicit others to perform or participate in any unlawful acts; (6) to violate any local, state, provincial, federal, or international rules, laws, regulations, or ordinances; (7) to violate rights of third parties; (8) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate in any way – including but not limited to: gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (9) to spam or distribute malware, or transmit or cause to be transmitted any viruses, worms, Trojan horses, time bombs, cancel bots or any other harmful, damaging or destructive programs or content; (10) in a way that could otherwise harm the Services or impair anyone else’s use of it; (11) to share or transfer any account, user information or passwords relating to the use thereof with or to any other user or third party; (12) to submit false, misleading, or impersonating information; (13) to spam, phish, pharm, or otherwise collect/track information related to ETS website and/or customers; (14) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet; (15) in any application or situation where failure of the Services could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage. In connection with your use of the Services, you agree and represent you will not engage in any Prohibited Business or Prohibited Use as defined in Appendix 1. We reserve the right to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel or suspend your account, block transactions, freeze funds immediately and without notice if we determine, in our sole discretion, that your account is associated with a prohibited use or enabling a prohibited use by a third-party.
SECTION 14 – SEVERABILITY, TERMINATION, & DISPUTES
If any provision of these Terms is held to be unenforceable, unlawful, void, or invalid, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law to the greatest extent possible and such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this agreement. The severed provision shall in no way affect the validity or enforceability of the other provisions of this agreement.
Termination does not relieve any person or party any liability or obligations as a result of termination. Such obligations and liabilities shall survive the termination. These Terms of Service are considered effective until service has been terminated by either you or us.
Termination of Service extends to minors with expressed consent from website user of majority age as expressed in Section 7 (Online User Terms). User may terminate these Terms of Service at any time by notifying us in writing at [email protected] that you no longer wish to use our Services, or when you cease using our site. If you, in our sole discretion, fail (or we suspect that you have failed) to comply with any of these Terms of Service, we may terminate the agreement at any time without notice and you will remain liable for all payment amounts accrued prior to and on the date of termination and may deny you access to our services accordingly.
You agree to first try to resolve any dispute informally by contacting the ETS in writing. You agree to relay the concern or dispute about the Service in detail to [email protected]. You agree to withhold from to making any comments (verbal or written) about our service until a response to your complaint has been received. This includes but is not limited to online posts or comments on social media or online forums and online reviews of any kind. Failure to adhere to this term can, but may not result in you being reported on the platform as well as pursuit of legal action to the fullest extent of the law.
SECTION 15 – INDEMNITY CLAUSE
You agree to indemnify and hold harmless Elite Tuning School LLLP (including but not limited to owners, service providers, and employees) against any and all liability claims, demands, losses, damages, costs, and expenses which you/minor may incur which directly or indirectly results in any liability, loss and/or damages to you/minor. This includes, but is not limited to, attorneys’ fees and legal costs, which you/minor may be required to pay, directly, by reason or error that arises out of your breach of these Terms of Service or the documents that they incorporate by reference, or your/minor’s violation of any law of the rights of a third-party.
This agreement also includes but is not limited to (1) any attempt (regardless of its success) by any person to charge or cause the Indemnified Party to be charged with wrongdoing or with financial responsibility for damages arising out of or incurred in connection with the matters indemnified against in this Agreement; or (2) any expense, interest, assessment, fine, tax, judgment or settlement payment arising out of or incident to any of the matters indemnified against in this Agreement including reasonable fees and disbursements of legal counsel, experts, accountants, consultants and investigators (before and at trial and in appellate proceedings). (ii) The obligation of the ETS under this Agreement is not conditioned in any way on any attempt by the Indemnified Party to collect from an insurer any amount under a liability insurance policy. (iii) In no case shall any indemnification be provided under this Agreement to the Indemnified Party by the ETS in any action or proceeding brought by or in the name or interest of the Indemnified Party against ETS.
SECTION 16 – GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and your use of ETS service. Your use of the ETS website and services may also be subject to other local, state, national, or international laws.
SECTION 17 – ENTIRE AGREEMENT & WAIVER
The failure or delay by ETS to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver must be made in writing and the single or partial exercise of a right, power, or remedy shall not prevent its subsequent exercise or the exercise of any other right, power, or remedy. The Terms of Service shall be the entire agreement regarding its subject matter between you and ETS and govern your use of our service. These Terms and Services shall supersede all other representations, understandings or agreements, communications, or proposals whether oral or written, between the parties relative to such subject matter. No previous variation of the Terms of Service shall be of effect or binding upon ETS unless agreed to in writing by ETS.
SECTION 18 – CONTACT US
The most recent Terms of Service can be found at any time by visiting www.elitetuningschool.com/pages/terms. Questions about the Terms of Service should be sent to us directly at [email protected].
Last updated: February 21, 2022