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Terms Of Service

Terms of Service

Effective Date: August 1, 2025

1. Introduction

Welcome to Elite Recovery Wellness ("Company," "we," "our," "us"). These Terms of Service ("Terms") govern your access to and use of our website located at www.eliterecoverywellness.com ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to:

  • Provide true, accurate, current, and complete information during the registration process.

  • Maintain and promptly update your account information to keep it accurate and current.

3.2 Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account login credentials.

  • All activities that occur under your account.

  • Notifying us immediately of any unauthorized use of your account.

4. Orders and Payment

4.1 Product Availability

All products listed on the Website are subject to availability. We reserve the right to limit the quantities of any products or services that we offer.

4.2 Pricing

Prices for our products are subject to change without notice. We are not liable for any price changes, modifications, or discontinuance of products.

4.3 Payment Terms

  • Accepted Payment Methods: Visa, MasterCard, American Express, PayPal.

  • Payment Processing: Payments are processed securely through our authorized payment gateway.

  • Billing Information: You agree to provide current, complete, and accurate billing information.

4.4 Order Acceptance

We reserve the right to refuse or cancel any order for reasons including but not limited to:

  • Product or service availability.

  • Errors in the description or price of the product.

  • Suspected fraudulent or unauthorized transactions.

4.5 Chargebacks

By completing a purchase, you agree not to initiate a chargeback without first attempting to resolve the issue directly with us. Unauthorized chargebacks may result in suspension of your account and pursuit of remedies under applicable law.

5. Shipping and Delivery

5.1 Shipping Policy

Please refer to our Shipping Policy for information on shipping methods, timelines, and fees.

5.2 Risk of Loss

All purchases are made pursuant to a shipment contract. Risk of loss and title for items pass to you upon our delivery to the carrier.

6. Returns and Refunds

Please refer to our Return and Refund Policy for details on returns, exchanges, and refunds.

Any dispute regarding eligibility for returns, refunds, or associated costs shall be resolved in accordance with Section 15 (Dispute Resolution). You agree that our determination regarding product condition upon return will be final, subject to arbitration if contested.

7. Intellectual Property Rights

7.1 Ownership

All content on the Website, including text, graphics, logos, images, and software, is the property of Elite Recovery Wellness or its content suppliers and is protected by intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.

7.3 Restrictions

You agree not to:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission.

  • Use any meta tags or other hidden text using our name or trademarks without our express written consent.

8. User Content

8.1 Submissions

If you submit or post any content ("User Content") to the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content.

8.2 Prohibited Content

You agree not to submit any User Content that:

  • Is illegal, harmful, threatening, abusive, defamatory, vulgar, obscene, or invasive of another's privacy.

  • Infringes on any intellectual property or other proprietary rights of any party.

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating Laws and Rights: Use the Services for any illegal purpose or in violation of any local, state, national, or international law.

  • Disruption: Interfere with or disrupt the Services or servers or networks connected to the Services.

  • Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services or any other accounts, systems, or networks connected to the Services.

10. Disclaimers and Warranties

10.1 "AS IS" Basis

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, express or implied, regarding the Services.

10.2 No Warranty

We do not warrant that:

  • The Services will meet your specific requirements.

  • The Services will be uninterrupted, timely, secure, or error-free.

  • The results obtained from the use of the Services will be accurate or reliable.

11. Limitation of Liability

In no event shall Elite Recovery Wellness, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

  • Your use or inability to use the Services.

  • Any unauthorized access to or use of our servers and/or any personal information stored therein.

  • Any interruption or cessation of transmission to or from the Services.

12. Indemnification

You agree to indemnify, defend, and hold harmless Elite Recovery Wellness and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

  • Your use of and access to the Services.

  • Your violation of any term of these Terms.

  • Your violation of any third-party right, including intellectual property or privacy rights.

13. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

15. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to your purchase, use of products, or these Terms of Service (collectively, a “Dispute”), you and Elite Recovery Wellness agree to the following:

  • Good Faith Negotiation: You agree to first contact our Customer Care team at support@eliterecoverywellness.com to allow us the opportunity to resolve the Dispute in good faith. Both parties shall attempt to resolve the Dispute through informal negotiations for at least thirty (30) days before initiating further legal action.

  • Binding Arbitration: If a resolution cannot be reached through negotiation, the Dispute shall be resolved by final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be conducted under the rules of the American Arbitration Association (AAA), applying the Consumer Arbitration Rules then in effect. The arbitration will be held in Maricopa County, Arizona, unless otherwise agreed.

  • Class Action Waiver: To the fullest extent permitted by law, you and Elite Recovery Wellness agree that all Disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in a class action or class arbitration.

  • Exception – Injunctive Relief: Notwithstanding the foregoing, either party may bring an action in court for temporary injunctive relief to prevent irreparable harm pending the outcome of arbitration.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting to the Website. It is your responsibility to review these Terms periodically.

17. Miscellaneous

17.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in effect.

17.2 Entire Agreement

These Terms constitute the entire agreement between us regarding our Services and supersede any prior agreements.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Health & Wellness Disclaimer

Products sold by Elite Recovery Wellness are intended for personal wellness, fitness, and recovery purposes only and are not medical devices unless expressly stated.

  • We do not provide medical advice, diagnosis, or treatment.

  • Always consult with a licensed healthcare provider before using products that may affect your health or medical condition.

  • Use of products is at your sole risk. Elite Recovery Wellness disclaims any liability for injury, illness, or damages resulting from misuse or reliance on product information.

19. Product Descriptions and Accuracy

We make every effort to ensure product descriptions, images, and pricing are accurate. However, errors may occur, and we reserve the right to correct any inaccuracies. Statements regarding product benefits are for informational purposes only and have not been evaluated by the FDA unless expressly stated.

20. Privacy

Your use of the Services is also governed by our Privacy Policy. By using the Services, you consent to our collection, use, and disclosure of personal information as outlined in that policy.

21. Contact Information

If you have any questions about these Terms, please contact us:

Elite Recovery Wellness
9393 N. 90th Street, Suite 102 #122
Scottsdale, AZ 85258
Email: support@eliterecoverywellness.com
Phone: 1 (602) 536-6593

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