Effective as of September 18th, 2009.

Welcome to BusinessElite.com (the "Site"), a service operated by BusinessElite, Inc. ("BusinessElite"). By accessing, viewing and/or using the Site (or by registering for, downloading or otherwise using any services offered or otherwise made available via the Site), You (as defined at the end of this Section below) are concluding a legally binding agreement with BusinessElite. You agree to be bound by the terms and conditions set forth below ("Terms") and You acknowledge that You have read and understood the Terms and agree to be bound by them. If You do not agree to any of the Terms, do not access or view this Site or use, register for or download any of the services on this Site. The information and materials contained on this Site, and the Terms, are subject to change at any time. BusinessElite will post notice of any such changes and the updated Terms on the Site, and we strongly encourage You to review any such changes to the Terms at such time. Your continued use of this Site after such changes have been posted means that You agree to the revised Terms, even if You have not reviewed the changes. If You are using the Site (or any services made available via the Site) on behalf of a company or other legal entity, although such entity may have a separate agreement with BusinessElite, You nevertheless are individually bound by the Terms. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing the Site, the Services (as defined below) and/or any BusinessElite Content (as defined below), or posting any Submission (as defined below) or accessing any Third Party Content (as defined below) for any reason.

BusinessElite provides recruiters and hiring managers (collectively referred to as "Employers") within companies and other organizations ("Employer Entities") with searching and matching technology services to assist in the identification, connection, matching and hiring of qualified individuals (hereinafter referred to as "Talent") for employment opportunities at Employer Entities. BusinessElite also provides Talent with prospective employment opportunity identification, career planning and management services delivered through the Site and its online technology platform. All services provided to Employers and/or Talent by BusinessElite (collectively referred to herein as the "Services," and each such service individually referred to herein as a "Service") are governed by these Terms.

You must be at least (a) 18 years of age or (b) the age of majority as that is defined in Your jurisdiction, whichever is older, to visit or use the Site or any other services or offerings made available thereon in any manner. By visiting the Site and/or using any service or other offering made available thereon, You acknowledge and agree (and represent and warrant to BusinessElite) that You have reached the older of (i) 18 years old or (ii) the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms. You further represent and warrant that:

• All registration information that You submit is truthful and accurate;
• You will maintain the accuracy of such information;
• You are not a direct competitor of BusinessElite; and
• Your use of the Site does not violate any applicable law or regulation (or any other agreement to which You are a party).

Except as expressly agreed upon by BusinessElite in advance and in writing, Users may not have more than one active BusinessElite account. Additionally, Users are prohibited from selling, trading, or otherwise transferring any BusinessElite account to another party. You need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of Your password and account, and You are fully responsible for all activities that occur under Your password or account with or without Your knowledge. If You knowingly provide Your login and password information to another person, Your account privileges may be suspended temporarily or terminated. You agree to immediately notify BusinessElite of any unauthorized use of Your password or account or any other breach of security in relation to this Site known to You. BusinessElite cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. Any Users suspended or removed from the Site by BusinessElite for any reason are not authorized to use the Site or any Service or other offering made available thereon.

BusinessElite Content; Limited License

BusinessElite is a trademark of BusinessElite in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all content, information and screens appearing on this Site, including trademarks, software, information, documents, products, documents, services, site design, text, graphics, logos, images, icons and other BusinessElite content, as well as the arrangement thereof (collectively, "BusinessElite Content"), are the sole property of BusinessElite, Copyright (c) 2008 BusinessElite, Inc. and are protected under both United States and foreign copyright, trademark and other laws.

The compilation (including the collection, arrangement and assembly) of all content on the Site is the exclusive property of BusinessElite and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the BusinessElite Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original BusinessElite Content on any authorized copy You make of the BusinessElite Content.

You agree not to (and agree that You have no right to) sell or modify the BusinessElite Content or reproduce, retransmit, edit, copy, display, publish, publicly perform, distribute, create derivative works of, reverse engineer, enhance, exploit or otherwise use the BusinessElite Content in any manner (including, without limitation, in connection with products or services that are not those of BusinessElite, in any manner that is likely to cause confusion among consumers, in any manner that disparages or discredits BusinessElite, in any manner that dilutes the strength of BusinessElite's property, or in any manner that otherwise infringes BusinessElite's intellectual property rights). You further agree to in no other way misuse BusinessElite Content that appears on this Site. Any code that BusinessElite creates to generate or display any BusinessElite Content or the pages making up the Site is also protected by BusinessElite's copyright and you may not copy or adapt such code.

Subject to the other terms and conditions set forth herein, BusinessElite grants You a limited, personal, non-exclusive and non-transferable license to view and access the BusinessElite Content, and to use the Services and the Site, solely for Your internal business or personal use. This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed BusinessElite Content. Except as stated herein, You acknowledge that You have no right, title or interest in or to the Site or any BusinessElite Content on any legal basis.

All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Certain information and content on the Site that are not Submissions (as defined below) or BusinessElite Content may be provided by third party licensors to BusinessElite ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless You have permission from the owner of the Third Party Content, You agree to only display the Third Party Content on Your personal computer or handheld device solely for Your personal use. You acknowledge and agree that You have no right to download, cache, reproduce, modify, display, edit, alter or enhance any of the Third Party Content in any manner unless You have the express, prior written consent of the owner of the Third Party Content.

This Site also may link to other web sites that are not BusinessElite owned web sites ("Third Party Web Sites") and certain areas of the Site may allow You to conduct transactions or purchase goods or services from or through such Third Party Web Sites. BusinessElite is providing these links to You as a convenience, and BusinessElite does not verify, make any representations or take any responsibility for such linked to Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites. The Third Party Web Sites may have different privacy policies, terms and conditions and business practices than BusinessElite, as we strongly encourage you to review these privacy policies, terms and conditions and business practices prior to conducting any such transactions (or purchasing any goods or services) from or through any such Third Party Web Sites.

Your dealings and communications through this Site with any party other than BusinessElite are solely between You and such third party. Any complaints, concerns or questions You have relating to materials, content or other services provided by third parties should be forwarded directly to the applicable third party.

YOU AGREE THAT NEITHER BUSINESSELITE (NOR ANY OF ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OFFICERS, DIRECTORS OR AGENTS (COLLECTIVELY "BUSINESSELITE AFFILIATES")) WILL, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Any reference on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply BusinessElite's endorsement or recommendation.

You acknowledge that You are responsible for the information and material that You submit (including without limitation, Your candidate profile or any other data) or otherwise make available on this Site (each a "Submission") through posting areas, emails or other services available in connection with this Site, and that You, and not BusinessElite, will have full responsibility for each such Submission, including its legality, reliability, form, content and accuracy.

Unless otherwise explicitly stated herein or in the BusinessElite Privacy Policy, You agree that any Submission provided by You in connection with this Site in public posting areas is provided on a non-proprietary and non-confidential basis. You agree that BusinessElite shall be free to use or disseminate a Submission that is posted to the Site or otherwise provided to BusinessElite by You on an unrestricted basis for any purpose; provided, however, that BusinessElite agrees to use Your information in accordance with BusinessElite's Privacy Policy applicable to personally identifiable information.

You understand that by posting a Submission on the Site or otherwise providing materials to BusinessElite, You grant to BusinessElite a non-exclusive, worldwide, perpetual, unlimited, assignable, sublicensable, irrevocable, and fully paid up and royalty-free license to (in any media now known or not currently known or invented) link to, utilize, distribute, publish, remove, retain, add, use, copy, improve upon, exploit, commercialize, and prepare derivative works of the Submission.

YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO BUSINESSELITE, INCLUDING IN ANY SUBMISSION.

You represent and warrant that: (i) You have the right to grant the license set forth in this section, and (ii) the posting of Your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by You to or through the Site.

When posting Submissions to or otherwise using the Site and/or any of the services offered thereon, You agree not to, without limitation:

• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
• Use the Site and/or any Service offered thereon for any illegal purpose, including, but not limited to, conspiring to violate laws;
• Falsely state, impersonate, or otherwise misrepresent Your identity, including, but not limited to, the use of a pseudonym, or misrepresenting Your current or previous positions and qualifications, or Your affiliations with a person or entity, past or present;
• Upload, post, email, transmit or otherwise make available any content or initiate communications that include information that You do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (a) using BusinessElite invitations to send messages to people who don't know You or who are unlikely to recognize You as a known contact; (b) using BusinessElite to connect to people who don't know You and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Monitor or copy, or allow others to monitor or copy, our web pages or the content (including, without limitation, any BusinessElite Content) included herein;
• "Frame" or otherwise simulate the appearance or function of this Site;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive any of the source code for any underlying intellectual property used to provide the Site or any Service provided thereon;
• Utilize information, content or any data You view and/or obtain from BusinessElite, the Site or any Service provided on the Site to provide any offering that is competitive to BusinessElite, the Site or any Service provided on the Site;
• Stalk or harass anyone;
• Collect, use or transfer any information (including, but not limited to, personally identifiable information obtained from the Site or any Service thereon) except as expressly permitted by the Terms, the BusinessElite Privacy Policy or by the owner of such information;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site or any Service;
• Post content in fields that are not intended to display such content (e.g., putting an address in a name or title field, etc.);
• Use any manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Site
• Interfere with or disrupt the Site, any Service, or the servers or networks connected to the Site or any Service, or otherwise engage in any action that places an unreasonable load on the Site infrastructure (including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses); and/or
• Disobey any requirements, procedures, policies or regulations of networks connected to the Site and/or an Service.

You agree that BusinessElite may, with or without cause, immediately terminate Your BusinessElite account and access to the Site, any Service and/or the BusinessElite Content without prior notice. Without limiting the foregoing, BusinessElite shall have the right to terminate Your BusinessElite account for any of the following reasons:

• Breaches or violations of any term of these Terms, including any other policies, agreements or guidelines incorporated herein;
• Requests by law enforcement or other government agencies;
• A request by You (self-initiated account deletions);
• Unexpected technical issues or problems; and/or
• Extended periods of inactivity of [ninety (90)] days or more.

Termination of Your BusinessElite account includes removal of access to all offerings within the Site and/or any Service and may also bar You from further use of the Site, the Services, and/or any BusinessElite Content . Furthermore, You agree that all account terminations shall be made in BusinessElite's sole discretion and that BusinessElite shall not be liable to You or any third-party for any termination of Your BusinessElite account or access to the Site, any Service, any BusinessElite Content, and/or any Third Party Content. In addition, BusinessElite may refuse access to the Site, BusinessElite Content and/or any Service to any individual for any or no reason.

Your use of this Site is governed by the BusinessElite Privacy Policy, which is available at: [www.businesselite.com/privacy] (the "Privacy Policy"). You should carefully review the BusinessElite privacy policy before deciding to become a User of this Site, the Business Elite Content or any of the Services offered hereon. Please note that certain information, statements, data and other content (e.g., photos, etc.) that You may choose to provide might reveal Your gender, ethnicity, nationality, religion and/or sexual orientation, and that You are providing such information, statements, data or content in full acknowledgement thereof and under Your sole responsibility. By providing such information to BusinessElite, all of which is optional and in Your sole discretion, You are hereby giving Your express and informed consent to the processing by BusinessElite of such information, statements, data and/or other content as part of our Site operations and provision of the services offered on or via the Site.

Signing up for a BusinessElite Talent membership is free. In exchange for access to the Site and use of the Services and BusinessElite Content, Employer Entities agree to pay all fees or charges to their respective accounts based on BusinessElite's fees and billing terms in effect as shown on the payment page of this Site. Certain other Services may be provided for free only to beta Users. You acknowledge that BusinessElite reserves the right to charge for the Services or any portion thereof, and/or to modify the pricing of, add to, or discontinue the Services or any portion thereof from time to time in its discretion.

All payments shall be made by credit card or other electronic payment method approved by BusinessElite (such as PayPal or ACH transaction) in advance prior to receiving access to the Services or other BusinessElite Content available on this Site, if applicable. You are responsible for paying the applicable fees as they become due, plus any and all related taxes that may apply, as well as to reimburse BusinessElite for any collection costs and/or interest for any overdue amounts. If You do not pay on time or if BusinessElite cannot charge Your credit card or other payment account for any reason, BusinessElite also reserves the right to either suspend or terminate Your access to the Site, Your account and/or the Services. If You cancel Your account at any time, You will not receive any refund.

In the course of providing You the Services, BusinessElite may need to communicate with You through electronic forms of communication, including, without limitation, via posting notices on the Site or sending You emails. By using the Site, You:

• Consent to receive communications from BusinessElite and its third party partners and affiliates in an electronic form;
• Consent to have Your name and/or email address listed in the header of certain communications which You initiate through the Service; and
• Agree that all terms and conditions, agreements, notices, disclosures, and other communications that BusinessElite, or its third party partners and affiliates, provides to You electronically satisfy any legal communication requirements, including that such communications be in writing.

These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site. These electronic communications are part of Your relationship with BusinessElite and You receive them as part of Your subscription to the Site.

You shall defend, indemnify and otherwise hold harmless BusinessElite, its successors and assigns and its officers, employees, agents, subsidiaries, affiliates and other partners from any third party claims, actions, suits, damages, losses and demands, including, without limitation, attorneys' fees, arising from or resulting to (a) Your use of the Site, the BusinessElite Content or the Services; (b) unauthorized access to or alteration of Your communications with or through the Site or the Services, (c) a breach of Your representations and warranties or any of these Terms or (d) any Submission You make to the Site or via the Services.

BUSINESSELITE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, TRUTH, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR LEGALITY OF THE BUSINESSELITE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT ON THE SITE, AND HAS NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USERS OF THE SITE OR TO SUPERVISE THE CONTENT PROVIDED BY ANY SUCH USERS. THE SITE, SERVICE, BUSINESSELITE CONTENT, SUBMISSIONS AND THIRD PARTY CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BUSINESSELITE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. BUSINESSELITE MAKES NO GUARANTEES THAT ANY PROBLEMS WITH THE SITE, BUSINESSELITE CONTENT AND/OR SERVICES WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUSINESSELITE THROUGH THE SITE, SERVICES, BUSINESSELITE CONTENT OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. BUSINESSELITE AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR DOES BUSINESSELITE OR ITS AFFILIATES GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE.

BUSINESSELITE IS NOT AN EMPLOYMENT AGENCY OR A RECRUITING FIRM, AND MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE AVAILABILITY, UPTIME, EFFECTIVENESS OR TIMELINESS OF THE SITE OR THE SERVICE IN MEETING YOUR OBJECTIVES. BUSINESSELITE DOES NOT GUARANTEE ANY RESULTS, AND IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS.

IN NO EVENT WILL BUSINESSELITE (OR ANY BUSINESSELITE AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES, BUSINESSELITE CONTENT OR THESE TERMS OR RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICE, SITE, BUSINESSELITE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT (INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS) REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, AND WHETHER OR NOT BUSINESSELITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS IS TO DISCONTINUE USING THE SITE, BUSINESSELITE CONTENT AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF BUSINESSELITE (OR ANY BUSINESSELITE AFFILIATES) TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THESE TERMS WITHIN THE LAST TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS (U.S. $100.00).

BusinessElite may, but has no obligation, to take any action BusinessElite deems appropriate regarding disputes that You may have with Employers, Talent or other Users of the Site, the BusinessElite Content and/or any Service. To the extent the law permits, You hereby release BusinessElite (and all BusinessElite Affiliates from any claims, demands, liabilities and damages of every kind and nature, known and unknown, arising out of or related to any such disputes.

If You are a California resident, You hereby waive the applicability of California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

BusinessElite is a trademark of BusinessElite in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including BusinessElite Content, documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of BusinessElite, Copyright (c) 2008 BusinessElite, Inc. All rights note expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Notification
BusinessElite respects the intellectual property rights of others, and we ask You to do the same. BusinessElite may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for Users who infringe the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide BusinessElite's designated agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

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 at the Site, and information reasonably sufficient to permit BusinessElite to locate the material.

Information reasonably sufficient to permit BusinessElite to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.

A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BusinessElite's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By Mail:
45150 Russell Branch Parkway
Suite 303
Ashbrun, VA 20176

By e-mail
customersupport@businesselite.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification If You are a User who posted allegedly infringing material and who received notification to that effect from BusinessElite, You may elect to send us a counter notice. To be effective such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult Your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

Your physical or electronic signature.

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, for any judicial district in which BusinessElite may be found, and that You will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By Mail:
45150 Russell Branch Parkway
Suite 303
Ashbrun, VA 20176

By e-mail
customersupport@businesselite.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Only the intellectual property rights owner is permitted to report potentially infringing items through BusinessElite's reporting system set forth above. If You are not the intellectual property rights owner, You should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

BusinessElite controls and operates this Site from its headquarters in the United States of America and the BusinessElite Content, Submissions[, the Service, the Site] and/or Third Party Content may not be appropriate or available for use in other locations. If You use this Site and/or any Service outside the United States of America, You are responsible for following applicable local laws. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

You and BusinessElite are independent contractors, and nothing in these Terms creates a partnership, employment or agency relationship. You may not assign this these Terms, in whole or in part, to any third party without BusinessElite's prior, written consent, and any attempt by You to do so will be invalid. If any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. These Terms, and any disputes with BusinessElite or any BusinessElite Affiliate arising out of or relating to the Terms or Business Elite ("Disputes") will be governed by the laws of the Commonwealth of Virginia and controlling U.S. federal law, without regard to conflict of laws principles.

You agree that any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in [insert city], Virginia, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration fees and reasonable attorneys' fees of both parties to be borne by the party that ultimately loses such; provided, however, that BusinessElite may seek equitable relief in any jurisdiction.

These Terms constitute the entire agreement between You and BusinessElite and supersede all prior and contemporaneous negotiations, discussions or agreements between You and BusinessElite about this Site and/or the Service.

The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Please send any questions or comments, or report violations of these Terms to:

BusinessElite, Inc.
45150 Russell Branch Parkway
Suite 303
Ashburn, VA 20147