The following Terms of Service (“Terms”) is a legal agreement (“Agreement”) between you and ELITE PLUS, LLC dba THE ELITE MINGLE. (“THE ELITE MINGLE”, “Us”, “We”, or “Our”) that governs your use of our website and application for mobile devices (collectively, the “Software”), provided in connection with our services. We call all of the events and services we make available to you, the “Service.” By accessing the Site, or by using any products or services provided by THE ELITE MINGLE, you agree to, and are bound by, the terms and conditions of this Agreement and to the collection and use of your information as set forth in THE ELITE MINGLE Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
THE ELITE MINGLE reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY. BY ACCESSING THE ELITE MINGLE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
You may use the Service only if you can form a binding contract with THE ELITE MINGLE, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use of the Service by anyone under 21 is strictly prohibited and in violation of this Agreement.
User can purchase any Service offered by THE ELITE MINGLE on our website. THE ELITE MINGLE uses reasonable efforts to ensure that the Service will be provided in a professional and satisfactory manner. You understand and agree, however, that THE ELITE MINGLE does not guarantee that the Service will be performed to your satisfaction, that it will meet your needs, or that it will meet any applicable industry or professional standards. You hereby acknowledge and agree that THE ELITE MINGLE total liability to you for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to your property resulting from the Service provided by THE ELITE MINGLE representatives or your interactions with a THE ELITE MINGLE representative) will be as is set forth in the Limitation of Liability section below.
Your obligations: If you choose to purchase our Service, then you must: (1) ensure that the information you provide during the registration is accurate; (2) THE ELITE MINGLE users and members are expected to behave with courtesy and adhere to the Service guidelines. THE ELITE MINGLE retain the authority to expel any user or member without reimbursement if their conduct is deemed inappropriate, disrespectful, or in violation of the THE ELITE MINGLE rules. Such behavior encompasses, but is not restricted to, harassment of any kind, discrimination, or actions that disrupt the Service; (3) members and users of THE ELITE MINGLE recognize and agree to assume any risks connected with in-person gatherings at our Service, encompassing, but not restricted to, health risks; (4) users and members of THE ELITE MINGLE must adhere to a code of conduct aimed at fostering a secure and inclusive environment for all. This involves respecting personal boundaries, refraining from inappropriate behavior, and engaging in respectful communication with fellow members.
In no event will THE ELITE MINGLE be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.
THE ELITE MINGLE website gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
By providing THE ELITE MINGLE your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
Acceptable use of the online and mobile Service: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the THE ELITE MINGLE servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that THE ELITE MINGLE grants the operators of public search engines revocable permission to use spiders to copy materials from theelitemingle.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Changes to the Service: We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
THE ELITE MINGLE hereby grants you a non-exclusive, non-transferable, right to use the Software and Website, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by THE ELITE MINGLE and its licensors.
THE ELITE MINGLE alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by THE ELITE MINGLE. THE ELITE MINGLE name, Our logo, and the product names associated with the Software and Service are trademarks of THE ELITE MINGLE or third parties, and no right or license is granted to use them.
If you elect to purchase a service offered by THE ELITE MINGLE on or through our online or mobile Service, you agree to pay the amount presented on the billing screen and as set forth on our website. THE ELITE MINGLE may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion.
Clients are billed per service, quoted through THE ELITE MINGLE website. Payments are made through an integrated online portal (SQUAREUP). Accepted method of payments are Credit Card and GooglePay. Payment for the service is due at the time of purchasing the service.
The fee for any Service offered by THE ELITE MINGLE is non-refundable. However, we recognize that certain unforeseen circumstances may arise. In such cases, we are open to reviewing your situation and may consider making an exception on a case-by-case basis.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using Our Service, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.
THE ELITE MINGLE cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
As a client, you agree not to personally hire any present or former employees of ELITE PLUS, LLC.
Any type of sexual activity by the client or any individual at the location of the service during the hours of the service is strictly prohibited. Users or Members will not engage in any sexual activity with THE ELITE MINGLE representative or members. For purposes of this policy, “sexual activity” is defined as any attempted or actual act of consensual or non-consensual sexual advances that include, but are not limited to, nudity, touching, fondling, kissing, groping, intercourse (whether oral, anal or genital), penetration or attempted penetration with a digit or any other object. In case of any sexual advances that are made towards THE ELITE MINGLE representative by the user or any individual present at the location of the service during the hours of service, THE ELITE MINGLE representative will leave the premise immediately. Users at the location of the service engaging in such activities will be held accountable and the incident will be reported to the law enforcement authorities for further investigation.
The Service may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by THE ELITE MINGLE. THE ELITE MINGLE does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and THE ELITE MINGLE Privacy Policy do not apply to your use of such sites. You expressly relieve THE ELITE MINGLE from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that THE ELITE MINGLE shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless THE ELITE MINGLE and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) any alleged or actual loss or damage to property (including your residence), resulting from the performance of the Services hereunder; (iii) your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; and (v) your violation of any applicable law, rule or regulation; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ELITE MINGLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE SERVICES HEREUNDER, OR ANY LOSSES OR DAMAGES THAT MAY RESULT THEREFROM. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE QUALITY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE ELITE MINGLE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ELITE MINGLE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE ELITE MINGLE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ELITE MINGLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OUR SERVICE; (III) THE ACTS OR OMISSIONS OF OUR EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES PERFORMING SERVICES ON OUR BEHALF; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY DELAY IN THE SERVICES; (VI) THE FAILURE OF THE ELITE MINGLE REPRESENTATIVES TO PERFORM SERVICES; (VII) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR ONLINE OR MOBILE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL THE ELITE MINGLE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNTS YOU PAID TO THE ELITE MINGLE IN THE LAST 12 MONTHS HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE ELITE MINGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. THE ELITE MINGLE makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
THE ELITE MINGLE SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
You are responsible for compliance with all applicable laws. This Agreement and the relationship between you and ELITE PLUS, LLC will be governed by the laws of the State of Ohio, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to this Agreement, or your use of THE ELITE MINGLE Software or THE ELITE MINGLE Services must be commenced exclusively in the federal or state courts located in Ohio and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. You acknowledge that we have the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in this Agreement, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between you and THE ELITE MINGLE with respect to the THE ELITE MINGLE Service and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and THE ELITE MINGLE with respect to the THE ELITE MINGLE Service.
You agree that: (i) THE ELITE MINGLE shall be deemed solely based in Ohio; and (ii) the Software shall be deemed a passive website that does not give rise to personal jurisdiction over THE ELITE MINGLE, either specific or general, in jurisdictions other than Ohio. If a dispute arises under or relating to this Agreement, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it. If they are unable to resolve the dispute, either party shall commence binding arbitration before the American Arbitration Association under the Rules of Commercial Arbitration, before a panel of three arbitrators in Ohio. The Agreement shall be governed by the laws of the State of Ohio without regard to its conflicts of laws provisions.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE ELITE MINGLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Please contact us at info@theelitemingle.com with any questions regarding this Agreement.
This Agreement was last modified on December 26, 2023, which was the day it was first made effective.