Terms & Conditions

Please read these Terms and Conditions (the “Terms”) and our Privacy Policy carefully because they form a binding agreement between you and ELO Gaming Limited, Inc. (“ELO”, “us”, “we”, “our”, etc.) and govern your use of the ELO-branded websites (including www.eloesports.com and all corresponding web pages and websites associated by us with the foregoing URL) (the “Site”), our products, services, and software applications (each, an “App”), and all offers, sales and purchases of such products (including hardware and software) and/or services through the Site and/or Apps. To make these Terms easier to read, such products and services, the Site, and Apps may collectively be referred to as the “Products” or “Services”, as applicable.

IMPORTANT NOTICE REGARDING ARBITRATION: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND OTHER THAN FOR INDIVIDUAL RESIDENTS OF QUEBEC, WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ELO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. FOR CLARITY, BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO BRING OR PARTICIPATE IN A CLASS OR OTHER JOINT ACTION WITH RESPECT TO ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS. PLEASE REVIEW CAREFULLY SECTION 20 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Agreement to Terms. By using our Services, you agree to be bound by these Terms. From time to time, we may make certain additional services, activities, offers, and other promotional initiatives (such as contests, sweepstakes and giveaways) available to you in connection with the Products and/or Services. By participating in any of the foregoing, you agree to be bound by any additional terms and conditions we make available to you in connection with the same, including, without limitation, the Promotional Offer Terms (collectively, “Additional Terms”), which are incorporated herein and made part hereof. To the extent that there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. If you don’t agree to be bound by these Terms, do not use the Services.
Policies. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. Please refer to our Warranty and Returns Policy for information on the limited warranty and returns policy for our Products. Please refer to our Shipping Policy for information on postal and shipping policies. The Warranty and Returns Policy and our Shipping Policy set forth in this Section 3 “Policies” are hereby incorporated herein and made part hereof.
Changes to Terms or Services. We may amend, modify, or update all or any portions of the Terms or the Services at any time and from time to time, in our sole discretion, and including without limitation our prices, payment terms, warranties and return policies, shipping policies, subscription terms, and terms governing the nature, content, and features of our services. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. Where required by law or at our discretion, we will send a message to the email address (or other contact information at our discretion) associated with your account, setting out the new clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment, at least thirty (30) days in advance of the change. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, then, except as otherwise provided in Section 20(f) “Effect of Changes on Arbitration”, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(f) “Effect of Changes on Arbitration”, you may not use the Services anymore. If you do not agree with any modification, then you may terminate the Services, without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time at our sole discretion.
Eligibility. You may use the Services only if you are 13 years or older (14 years or older in Quebec), capable of forming a binding contract with ELO (for people who are minors in their jurisdiction of residence, your parent or legal guardian must agree to these Terms on your behalf), and not barred from using the Services under applicable law.
Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”). If we offer such functionality, you may do this through your account with certain third-party services such as Sign In With Apple or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us.
Subscriptions.
1. General. Certain aspects of the Services may be made available on a subscription basis through one or more Apps. Subject to these Terms, subscriptions to the Services will automatically renew, and your applicable payment method on file will be charged, on a recurring basis corresponding to the duration of your subscription (“Subscription Period”). Your Subscription Period will depend on the terms of the particular subscription you signed up for. You may view the applicable end date of your Subscription Period and the subscription price through the settings on the mobile device used to subscribe to the Services. Where required by law or at our discretion, we will provide notice of the renewal to the email address (or other contact information at our discretion) associated with your account, and if you do not wish to renew, you may cancel without penalty as described in Section 7(d) “Cancellation” We reserve the right to change your subscription offering and/or pricing at any time, but we will give you advance notice of such changes. If you do not wish to accept such changes, you may cancel your subscription.
2. Free Trials. We may offer free trials to the subscription-based Services. The terms of your free trial will be specified during sign-up. You may view the applicable end date of your free trial and the subscription price that will apply thereafter (unless you cancel your subscription as described below) through the settings on the mobile device used to subscribe to the Services. We determine free trial eligibility in our sole and absolute discretion and reserve the right to revoke any free trial in the event that we determine that you are not eligible. Upon the expiration of your free trial, your applicable payment method on file will be charged, unless you cancel your subscription prior to such date.
3. Billing. By signing up for a subscription, you authorize ELO or the applicable third party (for example, Apple) to charge the recurring subscription fee and any applicable taxes (including VAT) for your subscription to your applicable payment method on file and in advance of every new Subscription Period in accordance with Section 9 (Payments), until canceled in accordance with Section 7(d) “Cancellation”.
4. Cancellation. You may cancel your subscription to the Services at any time prior to the date it will automatically renew through the settings on the mobile device used to subscribe to the Services. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not ELO. To cancel a purchase made with your Apple ID under the current operating system, go to Settings > click on your Apple ID > Subscriptions, then find your ELO subscription and follow the instructions to cancel. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play under the current operating system, launch the Google Play app on your device and go to Menu > My Apps > Subscriptions, then find your ELO subscription and follow the instructions to cancel. When you cancel your subscription to the Services, you will not receive a pro-rated refund, but you will continue to have access to the subscription Services through the end of the then-current Subscription Period. Following such cancellation, your subscription will automatically end at the end of the then-current Subscription Period. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the subscription Services prior to the end of the then-current Subscription Period, to the extent applicable.
Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us via email at support@eloesports.com or using the in-app feedback tool or any other places where we allow you to share your opinions or thoughts regarding our products or services. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. Further, you waive all moral rights you may have in the Feedback in favour or us, and those acting with our authorization.
Payments. Purchase of and payment for Products and Services via the Site and/or App shall be subject to these Terms.
1. General Guidelines. Unless otherwise indicated, in order to purchase a Product or Service, you will be required to provide a valid credit card or other payment method accepted by ELO, as may be updated from time to time (“Payment Method”). When you initiate purchases of certain Products or Services (each, an “Order”), you expressly authorize us (or our third-party payment processor) to charge your chosen Payment Method the cost and any applicable taxes (including VAT) for such Order. We may ask you to supply additional information relevant to your Order, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use any such Payment Methods and provide such Payment Information. When you initiate an Order, you authorize us to provide your Payment Information to third parties so we can complete your Order and to charge your payment method for the applicable amounts (including any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Order (such information is included within the definition of Payment Information).
2. Placing Orders. The prices and descriptions of the Products and/or Services on the Site and/or App may be revised by us at any time and do not constitute an offer to purchase a Product or Service. All Products and/or Services are subject to availability and all Orders are subject to our acceptance. An Order will be deemed accepted by us when we accept your payment and dispatch your Order ("Acceptance"). Any email acknowledgement of your Order does not constitute our Acceptance of your Order. We reserve the right at all times to decline to process or accept any Order received from or through the Services at our absolute discretion. Payment in full, without set-off, counterclaim or withholding of any kind, is required prior to our Acceptance. We will charge your chosen Payment Method before or around dispatch of the applicable Products or the commencement of applicable Services. We are not responsible for any billing errors unless you notify us of such billing error within ten (10) calendar days from the date of Acceptance. In the event we confirm, in our sole discretion, that such billing error is attributable solely to us, we will cancel your Order and/or refund the prior overpayment that you may have made for the applicable Product or Service, as appropriate.
3. External Accounts. When placing an Order through the Services, including subscriptions to the Services, you may have the ability to choose to pay through your account with the applicable App Provider (“External Account”), in which case, your billing relationship will be directly with that App Provider, and additional terms and conditions may apply. Your External Account will be charged for the purchase in accordance with these Terms and any applicable Additional Terms disclosed to you at the time of purchase. Purchases made through such App Providers must be managed through your External Account. You expressly consent to the use of such App Providers to facilitate any and all Orders you elect to make through the Services.
4. Pricing. Unless indicated otherwise in the applicable Additional Terms, all prices of the Products and/or Services listed on the Site shall be exclusive of (where applicable): (x) shipping fees; (y) any sales and/or import taxes or duties, and/or customs charges; and (z) Cross Border Fees (as defined below) (collectively, the "Additional Cost"). You are responsible for all such Additional Cost.
5. Product Delivery and Risk. Any delivery timelines stated in the Shipping Policy or in any other acknowledgements are non-binding and for estimation purposes only. We will use reasonable efforts to adhere to such delivery timelines, but we shall not be liable to you or any third party for any delay. Notwithstanding anything to the contrary herein, the risk of loss or damage to Products passes to you on the earlier of: (i) delivery to the address indicated in the applicable Order; or (ii) when placed in your possession or that of any carrier designated by you. Further, without limiting any other rights or remedies available to us, we reserve the right to: (1) effectuate delivery by any means we consider appropriate, at your expense; and/or (2) charge you for any costs incurred as a result of your rejection or failure to accept delivery, including without limitation any storage cost.
6. Product and Service Descriptions. We attempt to be as accurate as possible when describing the Products and Services. However, the information contained on the Site and App is for general information purposes only, and we do not warrant that any Product or Service descriptions or other Content on the Site or App are accurate, complete, reliable, current, or error-free. If you purchase a Product through the Site or App, and you believe such Product is not accurately described on the Site or App, your sole remedy is to return the Product in accordance with our Warranty & Return Policy.
7. Cancellation and Refunds. ALL ORDERS ARE FINAL AND YOU WILL NOT BE ABLE TO CANCEL AN ORDER AND/OR RECEIVE A REFUND OF PAYMENT EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY AND RETURNS POLICY OR AS REQUIRED UNDER APPLICABLE LAW. You acknowledge and agree that in the event that we agree, in our sole discretion, to grant you a refund with respect to your Order, such refund shall not include any cross border or other fees that credit card companies may charge for the processing of any payment ("Cross Border Fees"). For the avoidance of doubt, we reserve the right to cancel your Order for any reason.
Content and Content Rights. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. User Content also includes Feedback you provide to us. Content includes without limitation User Content. ELO does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, ELO and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States, Canada, and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content. a) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to ELO a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, publicly perform, translate, and distribute your User Content in connection with operating, improving, marketing, advertising and providing the Services and Content to you and to others. Further, you waive all moral rights you may have in the Content in favour or us, and those acting with our authorization. b) Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by ELO on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. c) Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make or data preserved for analytics purposes) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. d) Rights in Content Granted by ELO. Subject to your compliance with these Terms, ELO grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, access, and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps. a) Rights in App Granted by ELO . Subject to your compliance with these Terms, ELO grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a device that you own or control, and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App; or (iv) except through the App’s standard chat functionality, make the functionality of the App available to multiple users through any means. ELO reserves all rights in and to the App not expressly granted to you under these Terms. b) Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any third-party app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
1. These Terms are concluded between you and ELO, and not with the App Provider, and ELO (not the App Provider) is solely responsible for the App.
2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ELO.
4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, ELO will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
6. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must also comply with all applicable third-party terms of service when using the App.
General Prohibitions and ELO Enforcement Rights. You agree not to do any of the following: a) Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; b) Use, display, mirror, or frame the Services or any individual element within the Services, ELO name, any ELO trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without ELO express written consent; c) Access, tamper with, or use non-public areas of the Services, ELO computer systems, or the technical delivery systems of ELO providers; d) Attempt to probe, scan, or test the vulnerability of any ELO system or network or breach any security or authentication measures; e) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ELO or any of ELO providers or any other third party (including another user) to protect the Services or Content; f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by ELO or other generally available third-party web browsers; g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation; h) Use any meta tags or other hidden text or metadata utilizing a ELO trademark, logo URL, or product name without ELO express written consent; i) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information; k) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content; l) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation sending a virus, overloading, flooding, spamming, or mail-bombing the Services; m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; n) Impersonate or misrepresent your affiliation with any person or entity; o) Violate any applicable law or regulation; or p) Encourage or enable any other individual to do any of the foregoing. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including but not limited to if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. ELO respects copyright law and expects its users to do the same. It is ELO policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest that is allegedly being infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
3. Identification 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, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if applicable, e-mail address;
5. A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, and/or the law; and
6. A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner of or authorized to act on behalf of the copyright owner of, an exclusive right that is allegedly being infringed.
  
  Written notification of claimed infringement must be submitted to ELO Copyright Agent as follows:
  
  ELO Gaming Limited
  Attn: ELO Copyright Agent
  88 Hinchley Wood Grove, Brampton, Ontario L6V3M3
7. support@eloesports.com
  
  For clarity, only such DMCA notices should be sent to the Copyright Agent.
Third-Party Games and Services. The Services may contain links to and/or provide interoperability with third-party websites, resources, content, platforms, services, programs, games and other offerings (collectively, “Third-Party Services”). Third-Party Services presented to you over the Services are not owned by ELO and ELO does not claim any ownership of any trademark or other intellectual property right in any such Third-Party Services. ELO is not responsible for the Third-Party Services or any content, products or services made on or available from any Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from your use of any Third-Party Services.
Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you unless required by applicable law. You may cancel your Account at any time by contacting us via email at support@eloesports.com, subject to the terms of Section 7 above if you have subscribed to any subscription-based Services. Upon any termination, discontinuation or cancellation of the Services or your Account, any provision of these Terms which, either by its terms or to give effect to its meaning, must survive, including Sections 8, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any such termination, discontinuation or cancellation.
Warranty Disclaimers. EXCEPT AS OTHERWISE STATED IN THE WARRANTY AND RETURNS POLICY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) THE SERVICES, PRODUCTS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND (B) WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any Content. For clarity, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services.
Indemnity. You will indemnify and hold harmless ELO and its officers, directors, employee, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including without limitation reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms. ELO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: a) NEITHER ELO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR INVASION OF PRIVACY, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELO OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. b) IN NO EVENT WILL ELO TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO ELO FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ELO , AS APPLICABLE. c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ELO AND YOU.
Governing Law and Forum Choice. For individuals who are not resident in Quebec, these Terms and any action related thereto will be governed by the United States Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 20 “Dispute Resolution” the exclusive jurisdiction for all Disputes (defined below) that you and ELO are not required to arbitrate will be the state or federal courts located in Clark County, Washington, and you and ELO each waive any objection to jurisdiction and venue in such courts.

For individuals who are resident in Quebec, these Terms and any action related thereto will be governed by laws of the province of Quebec and of Canada applicable therein, and exclusive jurisdiction for all Disputes (defined below) will be the provincial or federal courts located in Montreal, Quebec.
Dispute Resolution. THIS SECTION 20 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND DOES NOT APPLY TO INDIVIDUAL RESIDENTS OF QUEBEC. a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and ELO agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and ELO are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. b) Exceptions and Opt-out. As limited exceptions to Section 20(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@eloesports.com or by regular mail at the address listed in Section 22 below within thirty (30) days following the date you first agree to these Terms. c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. ten thousand dollars ($10,000) or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Clark County, Washington; provided, however, that if you can demonstrate that arbitration in Clark County would create an undue burden to you, AAA may hold an in-person hearing in your hometown area. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. d) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration, and arbitrator fees and expenses if your Dispute is for less than ten thousand dollars ($10,000), unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. e) Class Action Waiver. YOU AND ELO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 4 “Changes to Terms or Services” above, if ELO changes any of the terms of this Section 20 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@eloesports.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of ELO email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ELO in accordance with the terms of this Section 20 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). g) Severability. With the exception of any of the provisions in Section 20(e) of these Terms “Class Action Waiver”, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms. a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between ELO and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ELO and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without ELO prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. ELO may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. b) Notices. Any notices or other communications provided by ELO under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. c) Waiver of Rights. ELO failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ELO . Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Headings are for convenience only and are not to be considered in construing or interpreting these Terms. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. If any provision of these Terms is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms shall be deemed amended to the extent necessary to make it legal, valid and enforceable.
Contact Information. If you have any questions about these Terms or our Products or Services, please contact us via email at support@eloesports.com or

88 Hinchley Wood Grove, Brampton, Ontario L6V3M3