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These Terms of Use (the "Terms") constitute a legally binding agreement between you and Diamond Elyte, LLC and its affiliates governing your access to and use of the EliteLyfe website located at www.elitelyfe.com and all associated sites or subdomains and other sites or applications through which Diamond Elyte, LLC makes its services available (collectively, the "Site") as well as related trip planning and concierge services (collectively "Services"). "Diamond Elyte", "DE", "EliteLyfe", "EL", "we", "us" or "our" means Diamond Elyte, LLC. The Site is the property of EL and its licensors. By using the Site, you agree to these Terms.
EliteLyfe reserves the right to modify these Terms and the Services at any time in accordance with this provision. If you disagree with the modifications you may cease using the Services. Your continued use of the Services after the effective date of any such modifications will constitute acceptance of the modifications. If we make material changes to these Terms, we will post the revised Terms on the Site and update the "Last Updated" date at the top of these Terms.
3.1 — You should assume that all text, graphics, interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned or licensed by or to EliteLyfe, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.
3.2 — You may download Content displayed on this Site for personal, non-commercial use only. You must retain all copyright and other proprietary notices on downloaded Content. You may not reproduce, republish, post, publicly display, transmit or distribute any Content unless expressly permitted in these Terms or elsewhere on the Site.
We appreciate hearing from you. Please note that, apart from your personal information (which is addressed in our Privacy Policy), any communications or materials you send to the Site, including data, questions, comments, suggestions or submissions ("Submissions"), are and will be treated as non-confidential and nonproprietary to you. By submitting such Submissions to EliteLyfe, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. EliteLyfe takes no responsibility and assumes no liability for any Submissions posted or submitted by you. We reserve the sole discretion to determine whether to publish or use your Submissions. You are fully responsible for the content of your Submissions.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless EliteLyfe and its affiliates and their respective directors, officers, employees and agents from and against all demands, losses, liability, claims or expenses, including attorneys fees, made against EliteLyfe by any third party due to or arising out of or in connection with your use of the Site, the Services and/or your breach of these Terms.
Separate terms and conditions, including your cancellation rights, if any, will apply to your reservation and purchase of travel-related goods and services that you select. Such terms and conditions will be presented to you prior to making a reservation or purchase. Please read these separate terms and conditions carefully. Any violation of these additional terms and conditions may result in cancellation of your reservation(s) or in your forfeiting any monies paid for such reservation(s).
7.1 — These Terms shall be governed by the laws of California and the United States.
7.2 — The relationship between EliteLyfe and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
7.3 — If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
7.4 — You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
8.1 — You may not use the Site, the Services or any Content for any purpose that is unlawful or prohibited by these Terms or that infringes the rights of EliteLyfe or others.
8.2 — You also agree not to: (i) make any false, speculative or fraudulent inquiry, request or reservation; (ii) access, monitor or copy any content or information of this Site using any deep-link, page scrape, robot, spider or other automatic device, program, algorithm or any similar process; (iii) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (iv) use any device, software or routine to interfere with the proper working of the Site, any transaction being conducted on the Site or any other person's use of the Site; or (v) attempt to gain unauthorized access to the Site or any systems or networks connected to the Site by hacking or any other illegitimate means.
You can stop using the Site or the Services at any time. We may remove functionality or features, suspend or stop any or all of the Services at any time in accordance with the provisions of section 2 above.
Diamond Elyte, LLC is committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at +1-(833) 358 5933 or email our team at info@elitelyfe.com with "Disabled Access" in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.
11.1 — You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your use of the Site and the Services remains with you. Neither us nor our affiliates (nor any of our respective shareholders, directors, employees, agents and representatives, individually and collectively) will be liable for any delays, accidents, loss, damage, or injury, including without limitation any direct, indirect, punitive, incidental, special, exemplary, or consequential damages arising out of or in any way connected to your use of the EliteLyfe platform or inability to use the EliteLyfe platform, whether based on contract, tort, negligence, strict liability, or otherwise. Nor are we responsible or liable in any way for your actions related to the use of the EliteLyfe platform.
11.2 — In no event will the aggregate liability of EliteLyfe and our affiliates arising out of or in connection with these Terms and the use of the Site and/or Services exceed one hundred US dollars (US$100).