Our Contract Agreement
When you order products from this web site an accord between our two parties is a bond which we intend to deliver on. The policies listed here on this page help secure that your paid for transaction will be delivered as promised per item purchased through the secure shopping cart system made available. Your use of this web site and purchase of our products create a contract and we promise to hold up our end of the deal. If there are any issues with orders please feel free to contact us right away to help us resolve any problems with a order or delivery carrier postal service. We use these terms and policies to help protect our buyers and visitors to our web site and hope we exceed in your expectations. Thank you for being part of our extended family.
User Agreement and Usage Policies
This User Agreement (“Agreement”) is an agreement between (“elitelimit.com””Elite Limit”), and the party set forth in the related shopping cart order form or custom developed invoices incorporated herein by reference (together with any subsequent orders submitted by Customer, the “Shopping Cart”), and applies to the purchase of all services (collectively, the “Services”) ordered by Customer on the shopping cart or invoice. Such party is referred to in this Agreement as “Customer” or “You”. The above Domain Name as well as the .html product purchasing pages falling within the host server space connected to the above domain name URL http internet addresses will be referred to as “EliteLimit“. PLEASE READ THIS AGREEMENT CAREFULLY. BY VISITING THE ABOVE MENTIONED WEB SITES LOCATED WITHIN THE HOST SERVER SPACE, ORDERING ANY SERVICE OR PRODUCT SOLD BY EliteLimit OR BY CLICKING ON THE GREEN “BUY IT” BUTTON PAYPAL PROVIDED SHOPPING CART, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT. YOUR USE OF THE SERVICES, PURCHASE OF THE PRODUCTS, AND ACCESS TO EliteLimit CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. EliteLimit reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by EliteLimit. Activation of the Services shall indicate EliteLimit‘s acceptance of this Agreement. Subject to the terms and conditions of this Agreement, EliteLimit will provide to Customer the Services selected by Customer set forth on the Order Form or paypal shopping cart merchant ordering system.
1. Intellectual Property Rights.
All right, title and interest in and to the Photographic Images, Designs, Logos, Text, html, URLs, Domain Names, .PDF files, .GIF files, .JPG files, .html files, .htm files, .swf files, .mp3 files, trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the Services and Products Sold and the related art artwork logo designs and all images text and html seen and heard or in printed, digital, or static form on the Internet are the property of EliteLimit. All Rights are Reserved.
EliteLimit does not in any way claim that our products are affiliated with any major vehicle manufacturing company’s oem product. All vinyl stripe kits sold at this web site are original designed logos images art decals stripes graphics and stickers exclusively produced and sold here and should not be confused with any major vehicle manufacturers oem product or trademarked or copyrighted design or logo image or products or services.
2. Other Intellectual Property Rights.
There is NO CLAIM that the vinyl decals stickers graphics stripe templates and stripes artworks logos or designs sold are any kind of major vehicle manufacturer’s oem products trademarked or copyrighted design logo or image. We make custom designed aftermarket vinyl decal and sticker products only. If you wish to purchase any kind of genuine oem major vehicle company parts or products we recommend you visit their appropriate local or web site for those products or services desired.
EliteLimit recognizes that “Toyota”, “Dodge”, “Ram”, “Ford”, “Chevy”, “GMC” and various model names are registered trademarks of major vehicle manufacturing entities and these terms are used for identification purposes only in reference to the various vehicle types and models in which EliteLimit’s vinyl stickers decals and graphics products you purchase can be applied onto.
You are purchasing vinyl sticker material custom cut to you the buyer’s specifications. By ordering decals from EliteLimit you constitute and agree that you are not purchasing any copyrighted or trademarked logo or design owned by Chrysler Group LLC, Ford Motor Company, Chevrolet, Chevy, GM General Motors, Toyota, or any major vehicle manufacturer’s design or logo or product. If a copyrighted or trademarked logo or design is ordered by specific request with provided artwork emailed to EliteLimit for creation. You agree to and acknowledge that you have obtained any necessary permission, agreement, letter or right to recreate and use any logo or image or design being created for the vinyl sticker product you purchase. Furthermore EliteLimit will not be held liable or at fault or considered infringement on any intellectual property right or copyright or trademarked design or logo.
By ordering any products you acknowledge and agree that you are not purchasing any known registered trademarked copyrighted logo or image or design and further agree to and acknowledge the vinyl sticker product you purchase is an original designed custom vinyl decal or stripe product from EliteLimit only. You further agree and acknowledge the product you are ordering is not related to or should have any confusion with purchasing any genuine major vehicle manufactured oem parts, products or services trademarked or copyrighted designs or logos or images.
3. Usage Policy.
Under this Agreement, Visitors and/or Customers shall comply with EliteLimit‘s then current “Usage Policy”, as amended, modified or updated from time to time by EliteLimit, which currently can be viewed at https://elitelimit.com/terms/, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the Usage Policy and that the terms of the Usage Policy are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern. EliteLimit does not intend to systematically monitor the content which is submitted to, stored on or distributed or disseminated by Customer via the Service (the “Customer Content”). Customer Content includes content of Customer’s customers and/or users of Customer’s website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, EliteLimit may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the Usage Policy. In the event EliteLimit takes corrective action due to a violation of the Usage Policy, EliteLimit shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that EliteLimit shall have no liability to Customer or any of Customer’s customers due to any corrective action that EliteLimit may take (including, without limitation, disconnection of Services).
EliteLimit may amend, modify or update this Agreement or the Usage Policy at any time in its sole discretion, and Customer shall be bound by any such amendment, modification or update. EliteLimit may, but is under no obligation to, provide notice of any amendment, modification or update of this Agreement or the Usage Policy. Any modification is effective on the earlier of two days after posting on EliteLimit‘s website or two days after the sending of a notice by EliteLimit to Customer by e-mail or conventional mail. If any material modification to this Agreement or the Usage Policy is unacceptable to you, you may terminate your subscription as provided in Section 3. However, if you do not terminate the Agreement, or if you continue to use the Services following effectiveness of the modification, your continued use will mean that you have accepted that modification. EliteLimit reserves the right to amend its service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
5. Billing and Payment.
All fees for the Services shall be in accordance with EliteLimit‘s PayPal Shopping Cart or Custom Developed Invoice then in effect, the terms of which are incorporated herein by reference, and shall be due at the time of purchase.
Returned checks will be assessed a $35.00 charge. No Wire transfer accepted.
6. Disclaimer of Warranty.
Customer agrees to use all Services and any information obtained through or from EliteLimit, at Customer’s own risk. Customer acknowledges and agrees that EliteLimit exercises no control over, and accepts no responsibility for, the content of the information passing through EliteLimit‘s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF EliteLimit, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN “EliteLimit PERSON”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT EliteLimit PROVIDES. NO EliteLimit PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. EliteLimit IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY EliteLimit. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY EliteLimit PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
Customer agrees to indemnify, defend and hold harmless EliteLimit and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer’s use of the Services, (ii) any violation by Customer of the Usage Policy, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
8. Limitation of Liability.
Customer agrees that no Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws which may exist in the Services or EliteLimit‘s equipment used to provide the Services.
Under no circumstances, including negligence, shall EliteLimit be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if EliteLimit has been advised of the possibility of such damages. No EliteLimit Person shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to EliteLimit‘s records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, EliteLimit‘s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions at any time before or after the date the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if EliteLimit takes any corrective action under this Agreement because of an action by Customer or one if its customer or a Reseller Customer, that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that EliteLimit shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by EliteLimit.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
9. Force Majeure.
EliteLimit shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
10. Governing Law; Jurisdiction; Arbitration.
This Agreement shall be governed in all respects by US law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in United States. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then existing Commercial Arbitration Rules (collectively, the “AAA Rules”) and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be in the United States or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in person jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this section shall survive any termination of this Agreement.
Customer shall not have the right to assign this Agreement without the prior written consent of EliteLimit. This Agreement shall be binding upon and inure to the benefit of Customer and EliteLimit and their successors and permitted assigns.
12. Entire Agreement; Severability.
This Agreement, together with the Shopping Cart or products ordered and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.