EliteFTS® Terms of Service

Effective Date: August 5, 2025

These Terms of Service ("Terms," "Agreement") are a legally binding contract between you ("you," "your," or "User") and EliteFTS.com Inc. ("EliteFTS," "we," "our," or "us"). By accessing or using any website, content, mobile application, email, SMS program, social‑media page, Shopify‑hosted storefront, or other service operated by EliteFTS (collectively, the "Services"), you agree to be bound by these Terms and by our Privacy Policy, Cookie Policy, and any other policies referenced herein or presented on the Services. If you do not agree, do not use the Services.

NOTICE OF ARBITRATION & CLASS‑ACTION WAIVER: Except for certain disputes described in Section 15, you agree that all disputes between you and EliteFTS will be resolved by binding, individual arbitration, and you waive your right to participate in a class action or class‑wide arbitration. See Section 15 for details.

1. Eligibility & Acceptance

You must be at least 18 years old (or the age of majority in your jurisdiction) to make purchases or create an account. Minors aged 13–17 may browse content with parental supervision but may not submit personal data or make purchases. By using the Services, you represent that you meet these requirements and have the legal capacity to enter into this Agreement.

2. Account Registration & Security

Creating an account is optional for checkout; however, certain features (e.g., order history, saved carts) require registration. You agree to:

Provide accurate, current, and complete information;
Maintain the confidentiality of your login credentials;
Accept responsibility for all activities that occur under your account;
Immediately notify us of any unauthorised use of your account.
We reserve the right to suspend or terminate any account for violation of these Terms or suspected fraudulent activity.

3. Orders, Pricing & Payment

Product Listings: Prices, promotions, and availability are subject to change without notice. We strive for accuracy but do not guarantee that listings are error‑free. We reserve the right to correct errors or cancel orders affected by them.
Offers & Acceptance: Your order constitutes an offer to purchase. Acceptance occurs only when we send an order‑confirmation email or ship the product, whichever comes first.
Payment Methods: We accept major U.S.‑issued credit/debit cards, PayPal, Shop Pay, gift cards, and, if activated, third‑party financing such as Affirm. Financing terms are solely between you and the financing provider.
Taxes & Duties: Prices are shown in USD unless otherwise noted. You are responsible for applicable sales tax, VAT, GST, import duties, and fees.
Declined or Cancelled Orders: We may refuse or cancel any order for any reason (e.g., suspicion of fraud, limited inventory) and will refund any amount charged.

4. Shipping, Risk of Loss & Title

Shipping options, estimated delivery times, and costs are described at checkout and in our Shipping Policy.
Title and risk of loss pass to you upon our tender of goods to the carrier. We are not responsible for carrier delays, loss, or damage after shipment.

5. Returns, Exchanges & Warranty

Our Return & Warranty Policy (available in your order confirmation and on our website) governs returns, exchanges, and warranty claims. Certain products (e.g., custom equipment) may be non‑returnable.

6. Intellectual Property

All content on the Services—including text, graphics, logos, videos, audio, software, and trademarks—belongs to EliteFTS or its licensors and is protected by intellectual‑property laws. You may view and print content for personal, non‑commercial use only. Any other use requires prior written permission.

7. User‑Generated Content (UGC)

7.1 License Grant

By submitting reviews, comments, articles, photos, videos, or other content ("UGC"), you grant EliteFTS a perpetual, worldwide, non‑exclusive, royalty‑free licence to use, reproduce, modify, publish, translate, distribute, and display such UGC in any media.

7.2 Representations & Warranties

You represent that you own or control all rights in your UGC, it is accurate, does not infringe any third‑party rights, and complies with Section 8 (Prohibited Conduct). You waive any moral rights to the extent allowed by law.

7.3 Moderation & Removal

We do not endorse UGC and may, at our discretion, edit or remove any UGC that violates these Terms or is otherwise objectionable. We are not responsible for any loss resulting from the removal of UGC.

8. Prohibited Conduct

You agree not to:

Post or transmit unlawful, defamatory, obscene, or hateful content;
Harass, threaten, or harm another person;
Infringe intellectual‑property or privacy rights;
Use bots, scrapers, or other automated means to access the Services without permission;
Introduce viruses or other malicious code;
Attempt to gain unauthorised access to any portion of the Services or related systems;
Interfere with or disrupt the Services or servers;
Use the Services for any unlawful purpose.

Violation may result in account termination and legal action.

9. Health, Training & Equipment Disclaimer

Information provided by EliteFTS staff, guest authors, podcast guests, or community members is for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Consult a qualified healthcare provider before beginning any exercise or nutrition program or using any equipment. Use of the information, Services, and equipment is solely at your own risk.

10. Product & Warranty Disclaimer

Except as expressly stated in a product’s written warranty, the Services and all products are provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, EliteFTS disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non‑infringement.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELITEFTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED USD $500 OR THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain liability limitations, so portions of this section may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless EliteFTS, its directors, officers, employees, agents, affiliates, and licensors from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

Your use or misuse of the Services;
Your breach of these Terms or any policy referenced herein;
Your violation of any law or the rights of a third party (including intellectual‑property rights);
Your UGC.

13. DMCA Copyright Policy

If you believe any content on the Services infringes your copyright, send a written notice to our designated DMCA Agent at legal@elitefts.net with:

A physical or electronic signature of the copyright owner or authorised agent;
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material and its location;
Your contact information;
A statement of good‑faith belief that use is not authorised; and
A statement, under penalty of perjury, that the information is accurate.
We will respond as required by the Digital Millennium Copyright Act.

14. Changes to the Services or Terms

We may modify or discontinue the Services (in whole or part) at any time. We may update these Terms for legal, technical, or business reasons. If we make material changes, we will post the updated Terms and revise the “Effective Date.” Continued use after changes constitutes acceptance.

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms and any dispute are governed by the laws of the State of Ohio, USA, without regard to conflict‑of‑law rules.

15.2 Binding Arbitration

Except for (a) small‑claims matters or (b) claims for injunctive relief regarding intellectual‑property misuse, any dispute arising from or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in Columbus, Ohio, unless the parties agree otherwise.

15.3 Class‑Action Waiver

YOU AND ELITEFTS AGREE THAT ANY PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15.4 Opt‑Out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@elitefts.net with subject “Arbitration Opt‑Out.” If you opt out, the exclusive jurisdiction and venue for any action shall be the state and federal courts located in Franklin County, Ohio.

16. Miscellaneous

Entire Agreement: These Terms, together with the policies they reference, constitute the entire agreement between you and EliteFTS.
Severability: If any provision is held unenforceable, the remaining provisions remain in effect.
No Waiver: Our failure to enforce any right or provision shall not be deemed a waiver.
Assignment: We may assign our rights and obligations under these Terms. You may not assign without our written consent.

17. Contact Information

EliteFTS.com Inc.
1402 State Route 665
London, Ohio 43140 USA
Email: customerservice@elitefts.net
Phone: +1‑888‑854‑8806