Elite Back Office Terms of Use
Effective Date: April 24, 2026
Welcome to https://theelitebackoffice.com (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Yanis Development Group DBA Elite Back Office (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the “Services”).
Acceptance of this Agreement.
Acceptance Through Using or Accessing the Services.
Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
Eligibility Requirements to Use or Access the Services.
To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States or Canada, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company. For purposes of this Agreement, a "competitor" means any individual, entity, or organization that offers or is developing services substantially similar to those offered by the Company, including but not limited to virtual assistant services, back office administrative support, business process outsourcing, or any other administrative or operational support services offered on an outsourced or subscription basis. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.
Geographic Restrictions.
The Company is based in the United States. The Services are available to users located in the United States and Canada. By choosing to access the Services from any location other than the United States or Canada, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States and Canada. Canadian users acknowledge that this Agreement is governed by the laws of the State of Florida and consent to the jurisdiction and dispute resolution provisions set forth herein, to the extent permitted by applicable Canadian law.
Changes to this Agreement.
The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.
Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.
Access to the Services.
Changes to Your Access and the Services.The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.Creating an Account. You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy (https://theelitebackoffice.com/privacy-policy). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
Account Responsibilities.
You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.Termination or Deletion of an Account. The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.
Policy for Using the Services.
Prohibited Uses.
You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may use the Services for any business or commercial purposes.
Prohibited Activities.
You further agree not to engage in any of the following prohibited activities in connection with using the Services:
No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information. Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website 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.
No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
No Unauthorized Access or Violation of Security. Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.
No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.
No Other Interference. Otherwise attempt to interfere with the proper working of the Services.Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.
Enforcement and Remedies.
The Company reserves the right to investigate any actual or suspected violation of this Agreement. Upon identifying a potential violation, the Company may, in its sole discretion, take any of the following actions:
Notice and Cure.
For non-payment violations or non-material breaches, the Company will provide written notice to the email address associated with your account. You will have five (5) business days to cure a payment default and thirty (30) days to cure any other non-material breach. If the breach is not cured within the applicable cure period, the Company may suspend or terminate your account without further notice.
Immediate Suspension or Termination.
Notwithstanding the foregoing, the Company reserves the right to immediately suspend or terminate your account, without notice or cure period, in the event of any of the following:
(i) fraudulent, deceptive, or illegal activity conducted through or in connection with the Services;
(ii) any actual or attempted unauthorized access to the Company's systems, networks, or other users' accounts;
(iii) any use of the Services that poses an immediate security risk to the Company or any third party;
(iv) any violation of applicable law that exposes the Company to regulatory or legal liability;
(v) any action that materially disrupts or threatens the integrity or operation of the Services.
No Liability for Enforcement Actions.
The Company shall have no liability to you or any third party for any enforcement action taken in good faith pursuant to this section, including suspension or termination of your account. The Company's right to take enforcement action does not constitute an obligation to monitor or police user activity, and the Company expressly disclaims any duty to do so.
Effect on Fees.
Suspension or termination of your account pursuant to this section shall not entitle you to any refund of fees paid, except as expressly provided in the Refund and Cancellation Policy set forth in this Agreement.
Terms and Conditions of Sale
Purchasing Process
Any steps taken from choosing Services to order submission form part of the purchasing process. The purchasing process includes these steps:
By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will have to specify their contact details and a payment method of their choice.
After providing all the required information, users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on the Website, hereby accepting these Terms and committing to pay the agreed-upon price.
Order submission
When you submit an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
In case the purchased Services requires active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly.
Upon submission of the order, users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes.
Prices
You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the Website. All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.
Retention of usage rights
You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.
Contract Duration
Subscriptions
Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
Fixed-term subscriptions
Paid fixed-term subscriptions start on the day the payment is received by the Company and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Services shall no longer be accessible, unless you renew the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.
Automatic renewal
Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Website. The renewed subscription will last for a period equal to the original term. The Company shall provide you with written notice of the upcoming automatic renewal to the email address associated with your account as follows: (i) for monthly subscribers, no fewer than fifteen (15) days prior to the renewal date; and (ii) for annual subscribers, no fewer than thirty (30) days prior to the renewal date. Such notice shall outline the procedure to be followed in order to cancel the automatic renewal prior to the renewal date. Failure to cancel prior to the renewal date shall constitute your authorization for the Company to charge the applicable renewal fee to your payment method on file.
Termination
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or — if applicable — by using the corresponding controls inside the Website.
Termination notice
If the notice of termination is received by the Company before the subscription renews, the termination shall take effect as soon as the current period is completed.
Refund and Cancellation Policy
Trial Period.
New subscribers receive a fourteen (14) day trial period commencing on the date of account activation. No recurring subscription fees are charged during the trial period. The one-time setup fee collected at enrollment is non-refundable under any circumstances, including cancellation during the trial period.
Monthly Subscriptions.
Monthly subscribers may cancel at any time by providing written notice to the Company. Cancellation takes effect at the end of the then-current monthly billing period. No partial refunds or prorated credits will be issued for the remainder of the billing period in which cancellation is requested. The subscriber retains access to the Services through the end of the paid billing period.
Annual Subscriptions.
Annual subscribers may cancel at any time by providing written notice to the Company. Upon cancellation, the subscriber's access continues through the end of the current monthly anniversary period within the annual term. The Company will refund the unused portion of the prepaid annual fee, calculated on a pro-rata monthly basis for each full calendar month remaining after the final active monthly anniversary date. Partial months are not refunded.
Company-Initiated Termination.
If the Company terminates a subscriber's account for cause pursuant to this Agreement, no refund of any fees — including unused portions of annual subscriptions — shall be issued. If the Company terminates a subscriber's account without cause, annual subscribers shall be entitled to a pro-rata refund of the unused monthly portions of their prepaid annual fee.
Setup Fee.
The one-time setup fee is non-refundable in all circumstances, including trial cancellation, mid-term cancellation, and Company-initiated termination.
Service Standards.
Platform Availability.
The Company will use commercially reasonable efforts to maintain platform availability of at least ninety-nine percent (99%) uptime, measured on a monthly basis, excluding scheduled maintenance windows and circumstances beyond the Company's reasonable control including force majeure events, third-party service provider outages, and internet infrastructure failures. The Company will provide advance notice of scheduled maintenance where reasonably practicable.
Service Credits.
In the event platform availability falls below ninety-nine percent (99%) in any given calendar month, you may request a service credit equal to a pro-rata portion of your monthly subscription fee for the period of unavailability exceeding the threshold. Service credits must be requested in writing within fifteen (15) days of the end of the affected month and are subject to verification by the Company. Service credits are your sole and exclusive remedy for platform unavailability and shall not exceed the total monthly subscription fee for the affected month. Service credits have no cash value and may not be applied against setup fees or carried forward beyond the following billing period.
Managed Service Standards.
For the human-delivered components of the Services, the Company will use commercially reasonable efforts to:
(i) assign qualified personnel to perform services on your behalf in a professional and workmanlike manner;
(ii) respond to client communications submitted via email to [email protected] within one (1) business day during normal business hours, Monday through Friday, 9:00 AM to 6:00 PM Eastern Time, excluding federal holidays;
(iii) notify you promptly of any circumstance that may materially affect the timely or accurate delivery of services.
No Guarantee of Results.
The Company does not warrant or guarantee any specific business outcome, revenue result, or performance metric arising from your use of the Services. The managed service standards set forth herein represent the Company's commitment to professional delivery, not a guarantee of any particular result.
Scheduled Maintenance.
The Company reserves the right to perform scheduled maintenance that may temporarily interrupt platform availability. Where reasonably practicable, the Company will provide no fewer than forty-eight (48) hours advance notice of scheduled maintenance windows via email to the address associated with your account.
Intellectual Property Rights.
Ownership of Intellectual Property.
You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.
License to Use the Services.
During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.
Certain Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions:
No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.
No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
No Competition. You shall not access or use the Content in order to build a similar or competitive website, product, or service.Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.
Trademark Notice.
All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.
User Content.
User Generated Content.
The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content”) on or through the Services.
You are solely responsible for your User Content. Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content. This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your User Content that personally identifies you or any third party. You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services.
You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.
License.
You hereby grant to the Company a limited, non-exclusive, royalty-free license to access, use, reproduce, and process your User Content solely to the extent necessary to provide, maintain, and improve the Services for your account. This license does not permit the Company to use your User Content for marketing, promotional, or advertising purposes, or to share your User Content with third parties, except as required to deliver the Services or as compelled by applicable law. This license terminates upon the deletion of your User Content or the termination of your account, whichever occurs first, subject to the Company's data retention obligations set forth herein.
You represent and warrant that you have all rights, power, and authority necessary to grant the rights contained in this license with respect to your User Content, and that your User Content does not violate any third-party intellectual property rights, privacy rights, or applicable laws.
Content Standards.
You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards (“Content Standards”). User Content must not:
Violate Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.
Promote Illegal Activity or Harm to Others. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.
Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
Defamatory, Abusive, or Otherwise Objectionable Material. Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another’s privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.
Promotion of Sexually Explicit Material or Discrimination. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Fraudulent Information or Impersonation. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
Endorsement by the Company. Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Company or any other person or entity, if that is not the case.
Monitoring and Enforcement.
We reserve the right at all times, but are not obligated, to:
take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Content Standards or any other provision in this Agreement, or creates liability for the Company or any other person. Such action may include reporting you to law enforcement authorities.
remove or reject any User Content for any or no reason in our sole discretion.
disclose any User Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of the Company or any other person.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
We do not review User Content before it is posted on or through the Services, and therefore cannot ensure prompt removal of questionable User Content. Accordingly, the Company and its affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.
Copyright Infringement (Digital Millennium Copyright Act Policy).
The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company’s policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
a description of the copyrighted work that you allege has been infringed;
a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
a description of where the material that you claim is infringing is located; your contact information, including your address, telephone number, and email address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
Designated copyright agent for the Company:
NAME: Yanis Development Group LLC DBA Elite Back Office
ADDRESS: 5379 Lyons Road #1892, Coconut Creek, FL 33073
TELEPHONE: 561-300-3402
EMAIL: [email protected]
Feedback to the Company.
If you provide the Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
Assumption of Risk.
The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user to the Services, or by anyone who may be informed of any of its contents.
SMS Communications.
Transactional SMS.
By opting in at the point of account registration, you consent to receive non-marketing text messages from Yanis Development Group DBA Elite Back Office, including account notifications, service alerts, appointment reminders, and other transactional communications related to your account and the Services. Transactional messages will be sent from (561) 300-3402 and/or (561) 300-3412.
Marketing SMS.
By separately opting in at the point of account registration, you consent to receive marketing and promotional text messages from Yanis Development Group DBA Elite Back Office, including special offers, discounts, new product announcements, and other promotional communications. Marketing messages will be sent from (561) 300-3402 and/or (561) 300-3412. Marketing SMS consent is optional and is not a condition of purchasing or using the Services.
Message Frequency.
Message frequency varies based on account activity and promotional calendar. You may receive up to four (4) marketing messages per month. Transactional message frequency depends on your account activity and service usage.
Message and Data Rates.
Message and data rates may apply to all SMS messages sent to you and from you. Contact your wireless carrier for details about your messaging plan.
Opt-Out.
You may opt out of either or both SMS programs at any time by replying STOP to any message received from us. Upon receipt of your STOP reply, we will send a single confirmation message and you will receive no further messages under the applicable program. To opt back in, you must re-enroll through the Website or by contacting us directly.
Assistance.
For assistance with our SMS programs, reply HELP to any message received from us or contact us directly at [email protected] or (561) 300-3402.
Carrier Disclaimer.
Carriers are not liable for delayed or undelivered messages. The Company is not responsible for any delays or failures in SMS delivery caused by your wireless carrier or network conditions.
Consent Not Required for Purchase.
Your consent to receive marketing SMS messages is not a condition of purchasing any product or service from the Company. You may use the Services without consenting to receive marketing SMS messages.
Separate Consent Programs.
Your consent to receive transactional SMS messages and your consent to receive marketing SMS messages are separate and independent. Opting out of one program does not automatically opt you out of the other. You must separately opt out of each program if you wish to stop receiving both types of messages.
Data Privacy.
General.
The Company collects and processes only the personal information necessary to provide the Services, including account registration information such as name, email address, billing information, and business contact details. The Company does not collect, store, or process sensitive personal data including medical records, financial account credentials, payroll data, or employee records on behalf of users. All personal information collected is governed by the Company's Privacy Policy, available at https://theelitebackoffice.com/privacy-policy, which is incorporated into this Agreement by reference and forms a binding part hereof.
Canadian Users.
The Company's collection, use, and disclosure of personal information from Canadian residents is conducted in accordance with the Personal Information Protection and Electronic Documents Act ("PIPEDA") and applicable provincial privacy legislation. Canadian users have the right to access their personal information held by the Company, request corrections to inaccurate information, and withdraw consent to the collection or use of their personal information, subject to legal or contractual restrictions, by contacting the Company at [email protected]. The Company will respond to such requests within thirty (30) days.
California Users.
If you are a California resident, the California Consumer Privacy Act ("CCPA") as amended by the California Privacy Rights Act ("CPRA") affords you specific rights regarding your personal information, including the right to know what personal information is collected, the right to delete personal information, the right to correct inaccurate personal information, and the right to opt out of the sale or sharing of personal information. The Company does not sell or share personal information with third parties for monetary or other valuable consideration. To exercise any of your CCPA/CPRA rights, please contact the Company at [email protected]. The Company will respond to verified requests within forty-five (45) days as required by applicable law. The Company shall not discriminate against you for exercising any of your rights under the CCPA/CPRA.
Data Security. The Company implements commercially reasonable technical and organizational measures to protect personal information against unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is completely secure. In the event of a data breach affecting your personal information, the Company will notify affected users in accordance with applicable law.
Data Retention. The Company retains personal information only for as long as necessary to fulfill the purposes for which it was collected, to provide the Services, and to comply with applicable legal obligations. Upon termination of your account, the Company will delete or anonymize your personal information within ninety (90) days, except where retention is required by law.
Termination.
The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account or deletion of your User Content. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.
Effect of Termination.
Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect.
This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party. You understand that any termination of your access to and use of the Services may involve deletion of your User Content associated with your account from our databases.
No Warranty.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.
THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
AGGREGATE LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY, INCLUDING ANY ONE-TIME SETUP FEES AND RECURRING SUBSCRIPTION FEES, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification.
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.
Company Indemnification.
The Company agrees to indemnify, defend, and hold harmless you and your officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) the Company's infringement of any third-party intellectual property right in connection with the Services as provided by the Company, or (ii) the Company's gross negligence or willful misconduct in the performance of its obligations under this Agreement. The Company's indemnification obligations under this section are subject to the aggregate liability cap set forth in this Agreement.
Disputes.
Governing Law.
All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any conflict of law principles.
Dispute Resolution — Mandatory Binding Arbitration.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration before a single arbitrator administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, as modified by this Agreement. Arbitration shall be conducted in Broward County, Florida. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including injunctive relief, provided that the arbitrator may not award any relief that exceeds what is permitted under this Agreement, including the limitations on liability set forth herein.
The prevailing party in any arbitration proceeding shall be awarded reasonable attorneys' fees, expert witness costs, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator determines for good cause that such an award is inequitable.
Company Reserved Rights.
Notwithstanding the foregoing, the Company retains the right to seek emergency injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm to its intellectual property, confidential information, or business interests.
Class Action Waiver.
All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company only in your individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim shall be severed and may be brought in court, while all remaining claims proceed in arbitration.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Limitation to Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.
Miscellaneous.
Waiver.
Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement.
This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.
Electronic Signatures and Acceptance.
This Agreement may be accepted electronically, including by clicking "accept," "agree," or any similar button or checkbox, or by accessing or using the Services. Electronic acceptance shall constitute a valid and binding signature for all purposes and shall have the same legal effect as a handwritten signature. You agree that your electronic acceptance of this Agreement is sufficient to satisfy any writing or signature requirement under applicable law, including the Electronic Signatures in Global and National Commerce Act ("E-SIGN Act") and applicable state electronic signature laws. No physical signature is required to make this Agreement binding and enforceable.
Headings.
Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.
No Agency, Partnership or Joint Venture.
No agency, partnership, joint venture, employment, or franchise relationship has been created between you and the Company as a result of this Agreement or your use of the Services. You do not have any authority of any kind to bind the Company in any respect whatsoever. Any contractors, subcontractors, virtual assistants, or third-party service providers engaged by the Company to perform any portion of the Services act solely on behalf of the Company and shall not be deemed agents, employees, or representatives of you. The Company shall not be liable for any acts or omissions of any third-party service provider except to the extent such acts or omissions directly result from the Company's gross negligence or willful misconduct in selecting or supervising such provider.
Assignment.
You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
Export Laws.
The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.
Contact Information.
All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 7 (User Content). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to [email protected].