Terms & Conditions
Please read this section carefully as it contains the legal terms and conditions that you agree to in this Terms and Conditions Agreement (“Agreement”), without limitation or qualification, when you access and use the Elite Volleyball Player’s (“Elite”) website EliteVolleyballPlayers.com ("Site").
Also, please be aware, that your access and use of the Site may be revoked at ANY time, whether with cause or without cause through the sole and absolute discretion of Elite.
In addition, please be aware, that your access and use of the Site is subject to all applicable laws.
Purpose
The purpose of the Site is to provide an online marketplace where international volleyball teams (“Teams”); international volleyball agents, that have signed a standard agreement with Elite (“Agents”); international volleyball players (“Players”); and others as the case may be, whether registered with the Site or using someone else’s registration (collectively “Users”) can come together to transact business.
Restrictions
Elite shall serve as the broker between ANY transaction that may take place between any Player listed on the Site and any User. Therefore unless a User enages Elite as the broker, no User of the Site shall be allowed to access the Site and transact business between any Player listed on the Site and any User. For the purposes of clarification any business transacted between any Player listed on the Site and any User shall be brought to the attention of Tommy O’Hare at
tommy@elitevolleyballplayers.com.
Liquidated Damages
Should any business be transacted between any Player listed on the Site and any user of the Site, and Elite is not the broker of the transaction, as required in the Restrictions portion of this Agreement, then the Player shall pay Elite five (5) percent of the total value of the business transacted, including bonuses, to Elite, and the User shall pay to Elite ten (10) percent of the total value of the business transacted, including bonuses, as a result of the transaction. This is no way is a penalty and was calculated as a reasonable expectation of the loss Elite will suffer from a breach of this Agreement because volleyball brokers/agents customarily receive, as compensation for brokering a transaction between a Player and a Team, from a Player, five (5) percent of the total compensation that a Player receives from a Team, and from a Team, ten (10) percent of the total compensation that a Team pays a Player.
Information On The Site
The information on the Site is for general informational purposes only and should not be relied upon for any specific purpose and no representation is given as to its accuracy or completeness. While Elite uses reasonable efforts to include accurate and up-to-date information on the site, Elite makes no warranties or representations as to its accuracy. In addition, Elite assumes no liability or responsibility for any errors or omissions in the content on the Site.
Use Of The Site
Your use and browsing of the Site is at your own risk. Neither Elite nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Elite also assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site
However, any communication or material you transmit to the Site or Elite by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post to the site may be used by Elite or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Elite is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site or Elite for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
Copyright
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used without the written permission of Elite except as provided in this Agreement or in the text on the Site. Elite neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Elite.
Use Of Images
Images of people or places displayed on the Site are either the property of, or used with permission by, Elite. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are the unregistered Trademarks of Elite or others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the written permission of Elite or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. You are also advised that Elite will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include the seeking of criminal prosecution
Content
Although Elite may from time to time create new features, or monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Elite is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Elite will fully cooperate with any law enforcement authorities or court order requesting or directing Elite to disclose the identity of anyone posting any such information or materials.
External Links
Elite may provide links to other web sites from time to time for your convenience. However, Elite has not necessarily reviewed all of the web sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Amendment To The Terms And Conditions
Elite may at any time revise this Agreement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Agreement to which you are bound.
