THE MYELEY.COM WEBSITE, INCLUDING ITS SUBSITES (TYPICALLY ANY WEB PAGES WHICH BEGIN OR END IN MYELEY.COM) THAT DISPLAY THESE TERMS, AND ALL SOFTWARE, PRODUCTS, APPLICATIONS, MOBILE SITES, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR THROUGH OUR WEBSITE OR SUBSITES (COLLECTIVELY, THIS "SITE") IS OWNED AND OPERATED BY OR ON BEHALF OF ELEY Ltd., WITH OFFICES LOCATED AT with offices located at Selco Way Minworth, Sutton Coldfield, West Midland, B76 1BA.
YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS, BROWSE, OR USE THIS SITE OR THE CONTENT OR SERVICES HEREON.
CERTAIN PORTIONS OF THE WEBSITE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS SPECIFIED BY US FROM TIME TO TIME; YOUR USE OF THE WEBSITE IS SUBJECT TO THOSE ADDITIONAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED INTO THESE TERMS OF USE BY THIS REFERENCE.
ELEY, together with its subsidiaries, are collectively referred to in these Terms of Use as “we,” “us,” “our,” or other similar pronouns.
We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information is set forth in our Privacy Policy. Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Use includes your assent to our Privacy Policy.
ELEY may allow users to establish an account to access various features of this Site, such as registration for the ELEY Journal, seminars and events, registration for The ELEY competitions and use of its message boards, discussion boards, and other public forums. If you register, you agree to provide ELEY with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of your account. Failure to provide accurate, truthful, complete, and updated registration information for certain events or features, such as ELEY competitions, may also lead to your disqualification, expulsion or denial from such events or features. Further, as part of ELEY competitions registration process, and for all stages of the ELEY Games, registrants must agree, without limitation, to comply with the rules and guidelines stipulated in the ELEY Games Rule Book, the Assumption of Risk Waiver, the Publicity Release Waiver and ELEY competition Drug Testing Policy, all of which are incorporated herein by reference.
This Site is not intended or designed to attract children under the age of 13. If you are under the age of 13, you may not use the Site. If you are a minor age between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Website and the User Content (as defined below), including all legal liability he or she may incur. By using this Site and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
When you are required to open an account to use or access this Site or any of its features or services, you will also be asked to provide a user name and password. You agree that we may store and use any registration data, including your user name and password, you provide for use in maintaining your account. You are entirely responsible for maintaining the confidentiality and security of your password and account. You may not use the account, username, or password of someone else at any time. You agree to notify ELEY immediately of any unauthorized use of your account, user name, or password (collectively, a "User ID"). ELEY shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by ELEY, its subsidiaries, entities owned, related to or controlled by ELEY, officers, directors, employees, consultants, staff, agents, and representatives due to someone else's use of your account or password.
ELEY reserves the right to refuse registration of, or cancel a User ID, in its sole discretion. You may not sell or transfer your account, or otherwise allow any third party to use your account for any purpose.
We strongly recommend not to use Google Chrome or outdated browsers while navigating our website. Please use any of the other browsers (Internet Explorer, Microsoft Edge, Firefox, Opera, etc.) and make sure they're updated. If you still have issues after this suggestion, please use CCleaner before reporting any problems to us.
All content on this Site and otherwise available through this Site, including designs, logos, artwork, text, graphics, images, data, information, software, music, sounds, interactive features, video, audio and other files, and all other copyrightable or otherwise legally protectable elements of the Site, including, without limitation, their selection, compilation and arrangement, is owned by ELEY or its licensors. No Site content may be modified, distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, licensed, bartered, leased or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use or as expressly authorized in writing by ELEY. Subject to these Terms of Use, authorized users may access and use this Site and this Site's content and download or print a reasonable number of copies of portions of this Site content to which the user has properly gained access solely for the user's personal, non-commercial use (unless otherwise expressly authorized in writing by ELEY), provided that the user maintains all copyright or other proprietary notices, without alteration, on all copies of such Site content. You may not publish or otherwise distribute Site content, including via the Internet, any social media platform or network or any intranet or extranet site, or incorporate this Site content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site content. Any use of this Site or this Site's content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of this Site and this Site's content granted herein. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site. In some cases the copyright or publicity rights for content on this Site may be held by someone other than ELEY, and permission to use such materials must be requested from the copyright or publicity rights owner, as applicable. All rights of ELEY or its licensors that are not expressly granted in these Terms of Use are reserved to ELEY and its licensors.
We reserve the rights to disable and/or remove any club and or/user accounts.
Any material we deem to be offensive will be removed.
Unless otherwise notified by us, you are free to link to this Site so long as you make it clear that (a) the linked content belongs to ELEY; (b) such content is not your own; and (c) the originating website makes no claim of owning, being related to or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, ELEY. This Site may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Such third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through this Site or any third party content posted on or available through this Site, including the content, accuracy, advice, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party content. Inclusion of, linking to or permitting the use of any third party site or any third party content does not imply approval or endorsement thereof by ELEY. If you decide to leave this Site and access the third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from this Site or relating to any applications you use or install from this Site.
ELEY welcomes your participation and contributions to its online forums and discussions, including your feedback and comments on your experiences with the ELEY program, and ELEY's events, activities, competitions, certificate courses, seminars and workouts. But ELEY's policy is not to, and neither ELEY nor any of its employees will, accept or consider unsolicited ideas, suggestions and other material. This is to avoid the possibility of future misunderstandings arising if ELEY develops or implements or uses a program, product, equipment, service, feature, workout, software, application or tool that seems to be similar to your own ideas or creative work. If you do submit any feedback, comments, ideas, suggestions, concepts, workouts, marketing plans, names for new events, or material (collectively, "Submissions") to ELEY, including any Submissions that we have asked you not to submit to us, then regardless of what your Submission and any accompanying correspondence might say, by submitting your Submission you acknowledge and agree that:
Any software or application that is made available via this Site ("Software") is the copyrighted work of ELEY and/or third party providers or other suppliers of ELEY. In addition to these Terms of Use, your use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"), which License Agreement is incorporated herein by reference. End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms, and shall not circumvent or attempt to circumvent any click-through consents required to install or use any Software. For any Software not accompanied by a License Agreement, the following shall constitute the License Agreement: "Subject to the ELEY Terms of Use and your agreement therewith, ELEY hereby grants to you, the user, a personal, non-transferable, non-exclusive license during the term of this license agreement to use this software for its intended purpose in accordance with this license agreement, and for no other purpose. Please note that this software is owned by ELEY and/or third party providers or other suppliers of ELEY and is protected by copyright laws and international treaty provisions. Any reproduction, exchange, transfer or redistribution of this software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible."
WITHOUT LIMITING THE FOREGOING, COPYING, REPRODUCTION, REVERSE ENGINEERING, DECOMPILING, DERIVING SOURCE CODE FROM, OR DISASSEMBLING, IN WHOLE OR IN PART, OF THE SOFTWARE MADE AVAILABLE VIA THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, OR CREATING DERIVATIVE WORKS BASED OFF SUCH SOFTWARE, IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN CONNECTION WITH YOUR PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH LICENSE AGREEMENT AND THESE TERMS OF USE, THE LICENSE AGREEMENT SHALL CONTROL WITH RESPECT TO THE SOFTWARE ONLY. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AND SUBJECT TO THE "NO WARRANTIES" SECTION OF THESE TERMS OF USE, ELEY AND ELEY'S THIRD PARTY PROVIDERS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
By submitting, posting, uploading, displaying, performing, transmitting, or otherwise distributing information, including workout, nutrition, gym and biographical information, messages, notes, text, listings, videos, pictures, graphics, drawings, audio, music and sound, text, data, communications or other content ("User Content"), to this Site, you authorize ELEY to treat any User Content as non-confidential and non-proprietary. You retain all of your rights in User Content you post to our Site. However, from the time of uploading or submission of the User Content, you grant ELEY, its subsidiaries, entities owned, related to or controlled by ELEY, officers, directors, employees, staff, consultants, agents, and representatives, a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicenseable and freely transferable right and license to reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use User Content, in whole or in part, including, without limitation, in connection with the operation, promotion, marketing, and advertising of the business, products, programs, events, competitions and services of ELEY, including the exploitation thereof, in each case in any media formats and through any means or methods whether now known or hereafter discovered. You agree that ELEY may so exploit your User Content without compensation or credit to you, including by sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by ELEY and/or its third party providers or sublicensees of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein. You agree that ELEY may publish or otherwise disclose your name, age and other information provided by you in connection with your ELEY ID or event registration User Content. You are in the best position to know if the User Content you submit to this Site is legally allowed. You agree that you shall not upload or otherwise transmit on or through the Site any Content that is subject to any third-party rights. By posting User Content on this Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, upload, distribute, display, perform, transmit, or otherwise use User Content, and to license and permit ELEY to exploit the User Content as described above, and that ELEY's exploitation of the User Content as described above will not violate any rights of or require any compensation to any third party. You are solely responsible for the User Content, and any other content, material or datathat you upload, publish or display on or through this Site, or transmit to or share with others. You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that ELEY may, but is not obligated to, review this Site and may delete, edit, refuse to post or remove (without notice) any Site content or User Content in its sole discretion, for any reason or no reason, including User Content that ELEY believes violates these Terms of Use. ELEY has no backup or storage obligations regarding User Content. ELEY does not verify the accuracy or authenticity of any User Content, and makes norepresentations or warranties with respect to any User Content. ELEY makes no representations concerning and is under no obligation to prevent, the downloading, distribution,linking to, or re-posting of your User Content by third parties, including by or through search engines. You expressly waive any and all claims you may have against ELEY and release ELEY from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a third party, whether or not authorized by ELEY.
The contents of this Site are protected by copyright under UK and foreign laws. Title to the content of this Site remains with ELEY or its licensors. Any use of such content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of ELEY. All rights not expressly granted herein are reserved to ELEY and its licensors.
ELEY offers and maintains certain discussion boards, user forums and other places where the ELEY user community can post questions and share information, ideas, workouts, comments or advice. You agree that you will not upload or transmit any User Content of any type to any Public Forums of this Site (including, without limitation, message boards, blogs, vlogs, bulletin boards, list serves, wiki's or other open forums made available through our Site) (a "Public Forum") that infringe or violate any rights of any party. By submitting any User Content to the Public Forums, you agree that such User Content is non-confidential for all purposes. If you use a Public Forum on this Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on our Site. ELEY and any party involved in creating, producing, delivering or maintaining this Site are not responsible for the consequences of any communications in the Public Forums. We expressly disclaim responsibility for and liabilities resulting from, any information or communications from and between users of the Public Forums. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency and ELEY immediately.
You agree not to (including not facilitating or assisting), directly or indirectly, upload, download, link, stream, display, perform, promote, advertise, transmit, or otherwise distribute any content that:
ELEY reserves the right to terminate your receipt, transmission, or other distribution of any such material using this Site, and, if applicable, to delete any such material from its servers as well as to take any other action required or permitted under any applicable laws. ELEY intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or any applicable laws.
You are prohibited from violating or attempting to violate, and agree not to violate or attempt to violate, any security features of this Site, including, without limitation:
ELEY reserves the right to suspend or terminate your use of this Site. To ensure that ELEY provides a high quality experience for you and other users of this Site, you agree that ELEY or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site. ELEY does not intend to disclose the existence or occurrence of such an investigation unless required by law, but ELEY reserves the right to suspend or terminate your account or your access to this Site immediately, with or without notice to you, and without liability to you, if ELEY believes that you have violated any of the Terms of Use, furnished ELEY with false or misleading information, or interfered with the use of this Site by others.
ELEY AND ELEY'S RELATED ENTITIES AND SUBSIDIARIES, INCLUDING ENTITIES IT OWNS, CONTROLS OR IS UNDER COMMON CONTROL WITH, ELEY'S THIRD PARTY PROVIDERS, ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT, SOFTWARE OR SERVICES CONTAINED ON THE SITE, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE "ELEY PARTIES") HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE ELEY PARTIES ARE MAKING THIS SITE (INCLUDING WITHOUT LIMITATION, THIS SITE’S CONTENT AND ANY SOFTWARE) AVAILABLE "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ELEY PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE ELEY PARTIES DO NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED, SECURE, BUG-FREE OR ERROR-FREE; NOR DO THE ELEY PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.
SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS "NO WARRANTIES" SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
WITH RESPECT TO ANY CONTEST OR COMPETITION OPERATED, SANCTIONED, HOSTED OR ORGANIZED BY ELEY OR THIRD PARTY PROVIDERS THAT MAY BE ACCESSIBLE FROM, OR REQUIRE REGISTRATION ON, THIS SITE, EACH REGISTRANT OR PARTICIPANT AGREES TO BE BOUND BY ELEY'S APPLICABLE RULES AND POLICIES FOR SUCH CONTEST OR COMPETITION AND THE DECISIONS OF ELEY, WHICH SHALL BE FINAL. ELEY RESERVES THE RIGHT TO DISQUALIFY ANY PERSON, TEAM, ENTRY, OR E-MAIL ADDRESS THAT ELEY DETERMINES TO BE IN VIOLATION OF ANY TERM CONTAINED IN ELEY'S RULES OR POLICIES OR THESE TERMS OF USE. ELEY IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR: (I) ANY ERRORS IN COMPETITION-RELATED MATERIALS, OR LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, STOLEN, INCOMPLETE, ILLEGIBLE, UNINTELLIGIBLE OR POSTAGE-DUE ENTRIES (AS APPLICABLE), NOTICES, SUBMISSIONS, RELEASES, FORMS, AFFIDAVITS, OR OTHER CORRESPONDENCE; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, INTERRUPTIONS OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) ANY CONDITION CAUSED BY EVENTS BEYOND THE CONTROL OF ELEY THAT MAY CAUSE THE SITE, CONTEST, COMPETITION OR JUDGING TO BE DISRUPTED OR CORRUPTED; (V) ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF ANY REGISTRATION, SUBMISSION, PRIZE, OR ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE, OR FROM PARTICIPATION IN THE COMPETITION OR ARISING FROM THE REGISTRANT'S OR PARTICIPANT'S ACCESS TO AND USE OF THE SITE (AND ALL RELATED WEBSITES, INCLUDING WWW.ELEYGAMES.COM), INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, DISABILITY, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, TO THE EXTENT PERMITTED BY LAW; OR (VI) ANY ERRORS IN ANY MATERIALS ASSOCIATED WITH THE COMPETITION. ELEY RESERVES THE RIGHT TO CANCEL, SUSPEND AND/OR MODIFY THE COMPETITION IF ANY PROBLEM CORRUPTS THE ADMINISTRATION, SECURITY, OR OPERATION OF THE COMPETITION, AS DETERMINED BY ELEY IN ITS SOLE DISCRETION. ELEY RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL, GROUP, ORGANIZATION OR TEAM IT FINDS TO BE TAMPERING WITH THE ENTRY, REGISTRATION, SUBMISSION OR VOTING PROCESS OR THE OPERATION OF THE COMPETITION OR TO BE ACTING IN VIOLATION OF ELEY'S RULES OR IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, ELEY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. ELEY'S FAILURE TO ENFORCE ANY TERM OF ELEY'S RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS "NO WARRANTIES" SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF ELEY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF THE ELEY PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS OF USE. THE ELEY PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ABUSIVE, THREATENING, UNLAWFUL, FRAUDULENT, HARMFUL, HARASSING, TORTIOUS, VULGAR, HATEFUL, RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE OR OFFENSIVE POSTING OR CONDUCT, ON THIS SITE BY ANYONE OTHER THAN AUTHORIZED ELEY EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE ELEY PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
ELEY DOES NOT ENDORSE, WARRANT OR GUARANTY ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND ELEY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Due to constant advances in technology, strength and conditioning programs, and medicine, the possibility of typographical error, unexpected scheduling changes of meetings, events, certificate courses, seminars, contests, demonstrations, competitions and educational opportunities posted on this Site, and the wide variety of authors contributing to this Site, readers are encouraged to confirm the information contained herein with other sources. Corrections and additions will be made only as allowed by the availability of time and resources. The accuracy and timeliness of the information on this Site cannot be guaranteed.
YOU ACKNOWLEDGE AND AGREE THAT ELEY DOES NOT, AS A PRACTICE, MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON THIS SITE, NOR WILL WE HAVE ANY OBLIGATION OR LIABILITY TO DO SO. ALTHOUGH CARE HAS BEEN TAKEN IN PREPARING THE CONTENT, ALL INFORMATION, SERVICES AND CONTENT THAT IS PROVIDED HERE OR COULD BE REACHED BY USING THIS SITE AS A STARTING POINT IS PROVIDED TO YOU "AS-IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE INFORMATION, SERVICES AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK. NEITHER ELEY NOR ANY AUTHOR OR SUPPLIER CONTRIBUTING TO THIS SITE IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, SERVICES OR CONTENT.
NEITHER ELEY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE AND ANY CONTENT THEREON SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO (I) THE USE OF, OR INABILITY TO USE THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT AVAILABLE THEREON OR WHICH CAN BE REACHED BY USING THIS SITE AS A STARTING POINT, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE OR DOWNLOADING OF ANY SOFTWARE OR APPLICATION OWNED OR OPERATED BY ELEY OR ANY THIRD PARTY, IN CONNECTION WITH THIS SITE, OR (IV) ANY ERRORS OR OMISSIONS IN THE INFORMATION, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEY, ANY PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AND DISABILITY AS WELL AS DAMAGES TO PERSONAL PROPERTY.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY ELEY PURSUANT TO THESE TERMS OF USE, OR IN ANY OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ELEY AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, STAFF, AGENTS, LICENSORS, LICENSEES, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY AND ACCOUNTING FEES, RESULTING FROM (I) YOUR VIOLATION OF THESE TERMS OF USE, (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT, TRADEMARK, PROPERTY, PUBLICITY OR PRIVACY RIGHT, (III) ANY CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY, (IV) THE BREACH BY YOU OF ANY REPRESENTATIONS, WARRANTIES AND/OR COVENANTS CONTAINED HEREIN OR (V) YOUR USE OF THIS SITE.
The Terms of Use are governed by UK Law without respect to its conflict of laws principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. This Site is controlled and operated by ELEY from its offices within the United Kingdom. ELEY makes no representation that materials on or linked to from this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to UK export controls. No Software or other content from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the UK has embargoed.
ELEY may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify this Site, including the Privacy Policy; or (c) discontinue this Site (in whole or in part) at any time. ELEY shall post any revision to these Terms of Use to this Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on this Site periodically to be aware of any revisions. You agree that, by continuing to use or access this Site following notice of any revision or the posting of any revision, you shall abide by any such revision. When we change the Terms of Use or Privacy Policy in a material manner, we will update the ‘last modified’ date at the bottom of this page.
We may assign these Terms of Use with or without notice to one or more third parties.
ELEY Ltd. respects your privacy and is committed to protecting the Personal Information (defined below) that you may provide us while using this Site (as defined below). We currently operate the website MyELEY.com, including all of its subsites (typically any web pages that include myELEY.com as the URL, such as ELEY.com) and all software, applications, products, features and services made available, displayed or offered by or through our web site or subsites (collectively, the “Site”). This Privacy Policy is incorporated into, and part of, the Terms of Use (the “Terms of Use”), which governs your use of this Site in general. This Site is published and maintained by or on behalf of ELEYLtd., with offices located at Selco Way Minworth, Sutton Coldfield, West Midland, B76 1BA (“ELEY”).
ELEY, together with its subsidiaries, are collectively referred to in this Privacy Policy as “we,” “us,” “our,” or other similar pronouns, or “The ELEY Family.” Any capitalized terms that are not defined in this Privacy Policy have the meaning defined in the Terms of Use.
Your privacy is a serious matter to us. We are committed to respecting the privacy rights of our Site visitors and users. In order to make your visits to our Site and use of the services available through our Site as worthwhile as possible, we may ask you for Personal Information and we may collect certain information automatically from your computer or mobile device when you visit us or use certain features on the Site. “Personal Information” means information that identifies (whether directly or indirectly) a particular individual, and includes, for example, your name; home and/or business address; e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; demographic information (such as gender or nationality); personal health information; Training and diet habits; and/or other information that may identify you as an individual or allow online or offline contact with you as an individual as well as other information that is associated with you and your use of the Site. This privacy statement explains, in general, what Personal Information and other information is collected on our Site, how the information is used, and with whom we may share such information. Please take a few minutes to read our Privacy Policy so that you understand how ELEY treats your information.
This privacy policy ("Privacy Policy"), which applies only to information collected via the Site, governs your use of ELEY’s Site, including: (a) what types of information we collect about you when you use the Site; (b) how the information will be used or disclosed; (c) your rights with respect to our collection and use of your data; (d) to whom we disclose the information; and (e) how we safeguard the information. Site.
This Privacy Policy does not apply to entities that ELEY does not own or control, such as third party advertisers, sponsors, licensors, licensees, service providers and ELEY affiliates . We are not responsible for the information practices of any of these or other third party sites, or links that may appear on our Site.
This Privacy Policy does not apply to information that you may provide to us, or that we may obtain, other than through our Site, such as by phone, through postal mail, in-person such as at events, seminars and competitions and through other live and print media. You may obtain copies of our privacy policies applicable to information collected other than through our Site, by sending us a request in writing that specifies how and when your information was provided to us.
This Web Site is intended for users who are located in United Kingdom of Great Britain and Northern Ireland. This Privacy Policy shall be interpreted under the laws of the United Kingdom of Great Britain and Northern Ireland. By providing Personal Information or other information to use through the Web Site, or otherwise accessing or using the Web Site, you agree to our privacy practices outlined here. If you do not agree to this Privacy Policy or our Terms of Use, please do not use the Web Site.
We collect Personal Information from users of our Site, for example, through such users’ submissions, transactions and completion of online forms on our Site. Such information is collected, for example, when users register or subscribe for accounts or features on our Site, sign up for or upload or submit information or data to us in connection with a competition or event, complete surveys, use software, applications or tools made available to you by or on behalf of us, contribute to a chat room, bulletin board, comment section, list serve, blog, vlog, wiki or other open forum that we may make available on or through our Site, submit a comment or question to us using a “contact us” or similar feature on our Site, send us an e-mail, or in any other way submit Personal Information to us via our Site. We also collect information regarding your participation, ammunition batches submitted, results from our competitions, events, such as the ELEY Open Prone Championship and any application, web pages or tools made available to you to track, log or collect data or information related to your score, training, and shoot equipment. You may be able to send information from our Site to your friends and family members through our Site by clicking on an “E-mail to Friend” or similar button on our Site or in an e-mail that we have sent you. In some of these cases (unless you simply forward our e-mail on your own), you may provide the name and e-mail address of your friend or family member to us. Such information will be treated in accordance with this Privacy Policy and applicable law.
The Site may, from time to time, ask users to provide certain information, and we will collect this data, which includes (for example) amount of hours training, amount of ammunition used, brand of equipment used, and other characteristics. This information is optional for the user to provide. ELEY will use this information to help create a better experience and program to provide to its users. For example, it may monitor the demographics, shooting characteristics, and location of attendees or participants in an event, competition or championship sponsored, operated or organized by ELEY, and may use that information to understand where demand for certain services are to best utilize its resources to provide them. In addition, ELEY may publish some of your personal information in connection with your Site account or event registration such as with the ELEY Competitions and may share some of your personal information with its subsidiaries, entities it owns or controls, its service providers, or other third parties. To protect your privacy, if ELEY shares your personal information with a subsidiary, an entity we own or control, or one of our service providers, such subsidiary, entity or service provider will be required to agree to and comply with the terms of this Privacy Policy.
We may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer’s hard drive or otherwise persist on your system or device. They are used to make ELEY’s Site easier to use, to make its advertising better, and to protect both you and ELEY. Cookies track where you travel on our Site and what you look at and purchase. They may store your username and/or password. A cookie may enable us to relate your use of our Site to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on our Site.
Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on your computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Site or certain areas or features of the Site.
We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies, in the Site and/or in our communications with you to enable us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a Web page or message. A clear GIF may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.
Our server automatically collects data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. When you request pages from our Site, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on this Site; the Web site you visit after this Site; the ads you see and/or click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Site or a referral site; and other Web usage activity and data logged by our Web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our Site. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information, but will not share such information, when linked with your Personal Information, with a third party without your prior consent. Any or all of these activities with regard to Site usage information may be performed on our behalf by our service providers.
You have the right to “opt in” and “opt out” of certain of our uses of your Personal Information, including by contacting us at privacy@myeley.com or by submitting a request in writing to myELEY, ELEY ltd, Selco way , Minworth, Sutton Coldfield, Birmingham, West Midlands, B76 1BA
At the time you are requested to provide Personal Information on this Site, you will have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities (outside of The ELEY Family) for their marketing purposes. You may also make this request by sending an e-mail to opt-out@myELEY.com. Users may opt not to receive our electronic newsletters or those of third parties when providing Personal Information.
Users who opt in may remove themselves from mailing lists at any time through the account-management pages or by following the instructions at the end of the e-mail they received from us.
Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.
We will use the Personal Information you provide to our Site in connection with the services and features we provide to you through our Site. For example, such information may be necessary to register you for competitions, events and newsletters, respond to your requests and messages, provide you with news, event information and other offerings, for feedback purposes, and for marketing and promotional purposes. We may also use your Personal Information for internal record keeping, to analyze and track user progress through our shooting programs and events, and compare you to other persons or users of the Site or other websites, software, applications or tools in various ways.
We may match information collected from you through different means or at different times, including both Personal Information and Site usage information, and use such information along with information obtained from other sources, including third parties. Also, advertisements and other content displayed to you on the Site may be customized to your interests and preferences, based on your Personal Information and Site usage information, including (but not limited to) non-personally identifying information, which we may obtain from you or from other sources. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored, organized or operated by us and others, that we think might interest you. You may opt out of receiving such notices from us by following the instructions in the Right to Opt In and Opt Out section above.
We may analyze user behavior as a measure of interest in, and use of, our Site and e-mails, both on an individual basis and in the aggregate. Do may share Personal Information and Site Usage information with others? Public Forums When you contribute to a public area or feature of our Site, such as a message board, chat room, posting to comments, bulletin board, list serve, blog, vlog, wiki or other open forum that we may make available on or through our Site, the information that you submit will be made available to the general public. Such information may, for example, be accessed by everyone on the internet, be indexed by third party search engines, and be imported, exported, distributed, and redistributed by us and others without privacy limitations. Such information may be associated with you by such outside parties based on what you provide or disclose.
For these reasons, we recommend that you do not submit any sensitive information, including your full name, home address, phone number, other information that would enable other users to locate you, or financial information on these areas of our Site. Instead, make up a username that does not disclose your personal identity. To request removal of your Personal Information from a public forum or other public area of our Site, please contact us at privacy@myeley.com.
When you register (whether as a participant, club or administrator), participate, compete, or submit results, feedback or information for any of our competitions, events, certificate courses, seminars or other activities, including, without limitation, ELEY Competitions, your submissions, records and results are kept by ELEY and may be made available to the general public.
This information may include Personal Information, including, without limitation, first and last name, age, shooting club and personal records. , as well as your results in the events, video files, audio files, photographs, training plans, , logs and journals, stories written by users, and other information. Such information may, for example, be accessed by everyone on the internet, be indexed by third party search engines, and be imported, exported, distributed, and redistributed by us and others without privacy limitations. Such information may be associated with you by such outside parties based on what you provide or disclose. These records and media are used to determine your performance, eligibility for prizes, and placement, leaderboard status, and athlete and team profiles, among other things. Additionally, the Site may use this information in various other ways, such as data analysis, communicating results news via different media or websites, promotional use, or other general public information purposes, through various media, means and methods that currently exist or that may be developed in the future. For a more detailed description of the terms and conditions on which your submissions, records and results may be used by ELEY, please see the Terms of Use.
We may provide visitors an opportunity to receive offers from other entities (outside of The ELEY Family) who have services, products and offers that we think might be of interest to you. Unless you elect not to receive such offers by following the instructions in the Right to Opt In and Opt Out section above, we may from time to time provide your Personal Information to these entities so that they may send you these offers. If you change your mind and no longer want us to share your Personal Information with these types of third parties, follow the instructions to opt out in the Right to Opt In and Opt Out section above.
Some of our certificate courses, events, competitions, seminars, programs, contests, sweepstakes and other offerings may be co-sponsored by another company or companies. In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor, unless you instruct us not to by following the instructions in the Right to Opt In and Opt Out section above. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. We are not responsible for how our co-sponsors may use your information.
When you make any payments, deposits, or other transactions, we will share transaction information with only those third parties necessary to complete the transaction. We will require those third parties to agree to respect the privacy of your information.
We may use third-party partners to help operate our Site, collect and analyze data and information, host, operate or support software, applications and tools and deliver our products and services, and may share your information with our subsidiaries, entities owned, related to or controlled by us, service providers and other third parties that provide software, products or services for or through this Site or for our business (such as Web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). This is intended to help improve or promote our services provided. If you would like additional information on the policies we enforce with respect to our service providers, please contact us as described below.
We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Site, or anyone else that could be harmed by such activities. If we are required or compelled to disclose your user information by a government authority, we may attempt to notify you of such disclosure if we are permitted to do so by law.
In the event that ELEY, any entity of The ELEY Family, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, operation of law, change of control, consolidation or liquidation, your Personal Information may be one of the transferred assets. The terms of this privacy policy will continue to apply to your Personal Information that is transferred to the new entity.
We may use third-party advertising companies to serve ads when you visit our Site. If so, a list of these ad serving companies will be available in the FAQ section of MyELEY.com. These companies may use information (generally not including your name, address, e-mail address or telephone number) about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear GIFs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear GIFs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these businesses’ privacy policies if you should have any concerns about how they will care for your Personal Information. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative’s consumer Web site at www.networkadvertising.org.
If the e-mail address you provide to us is a wireless e-mail address, you agree to receive messages at such address from ELEY, the rest of The ELEY Family and the rest of the third parties with which we share your e-mail address (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt In and Opt Out section above). You understand that your wireless carrier’s standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt In and Opt Out section above. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
We may make available a service through which you can receive messages on your wireless device via short message service (“SMS Service”). If you subscribe to one of our SMS Services, you thereby agree to receive SMS Service messages at the address you provide for such purposes. Such messages may come from ELEY, the rest of The ELEY Family and/or the rest of the third parties with which we share your address (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt In and Opt Out section above).
You understand that your wireless carrier’s standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt In and Opt Out section above. You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS Service, and that you are authorized to approve the applicable charges. To use the SMS Service, you must be 18 years of age or older and reside in the United States. You must first register and provide all required Personal Information, which may include, for example, your name, SMS address, wireless carrier and, if fees are applicable to the SMS Service you subscribe to, billing information (either your credit card information or mobile service carrier information if applicable fees will be billed through your carrier). We may also obtain the date, time and content of your messages in the course of your use of the SMS Service. We will use the information we obtain in connection with our SMS Service in accordance with this Privacy Policy. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.
You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We may also access the content of your account and/or wireless account with your carrier for the purpose of identifying and resolving technical problems and/or servicerelated complaints.
By signing up for the SMS Service, you consent to receiving, from time to time, further messages which may include news, promotions and offers from us, our subsidiaries, entities owned, related to or controlled by us and partners, and you consent to our sharing of your Personal Information with such parties for such purposes, unless and until you have opted out of these activities by following the instructions in the Right to Opt In and Opt Out section above. Please follow the instructions provided to you by third parties to unsubscribe from their messages.
You may review, correct or change the Personal Information that is stored in your user account on this Site by visiting the account management area of your account on this Site. You may send us new or updated information at any time by contacting us at privacy@myELEY.com. We will endeavor to respond to your request to access, update or delete your information, including your user account, as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.
ELEY will take reasonable steps to protect the security and integrity of all Personal Information provided to this Site. We require a personal username (log-in name) and a password in order for users to access their Personal Information. We restrict access to personal information to ELEY employees, contractors and agents who need to know that information in order to process it on our behalf.
No security measures are perfect or impenetrable. Due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.
If you contact us by e-mail or a “contact us” or similar feature on our Site, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
You may be able to create an account on our Site with a username and password, for example, to use the ELEY Journal, ELEY message board, ELEY competition web site or other features. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Site by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify ELEY of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify ELEY when you desire to cancel your account on this Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as “phishing.”
If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Site password or credit card information) via e-mail or to a web site that does not seem to be affiliated with our Site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at customerserivce@myELEY.com
By providing Personal Information to this Site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.
When you are on our Site you may have the opportunity to visit, or link to, other sites not operated by ELEY, including other web sites operated by other members of The ELEY Family or by unrelated third parties. These sites may collect Personal Information about you. ELEY does not control sites that are operated by these entities and is not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other web sites, and applies solely to information collected by ELEY on this Site. The privacy policies of Web sites operated by other members of The ELEY Family are located on those sites.
We are a general audience site, and do not knowingly request Personal Information from anyone under 13 years of age. If you are under the age of 13, please do not use our Site, including by attempting to post on any message board, participate in blogs, discussions and chat rooms, register for any events, or otherwise provide any information to the Web Site. If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible. No information collected from children is used for any marketing or promotional purposes whatsoever, either inside or outside of ELEY. ELEYkids.com is not intended for use by minors, but is directed to, and intended for use by, parents and trainers of children and teenagers interested in the ELEY program.
We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the internet and we encourage parents to teach their children about safe internet practices. Parents may wish to consult the resources on children’s privacy and safe internet practices that are available through the Federal Trade Commission. We also strongly suggest that you have installed and use “Parental Controls” for your web browser.
We take seriously our obligation to safeguard the confidentiality, security and integrity of personal information collected from our users, and have established and will maintain procedures that are designed for that purpose. Children and parents should be aware, however, that no system is completely secure from hackers, network failure and error, and we cannot guarantee the confidentiality, security and integrity of information maintained on our service. Please see the section entitled “Security” elsewhere in this Privacy Policy for further details.
ELEY reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Site by posting such changed or updated
