Introducing the EVGA ELITE Membership

Welcome to the Terms and Conditions ("Terms") for the EVGA ELITE Membership. These Terms form an agreement between you and EVGA Corporation and/or its affiliates ("EVGA") and govern the respective rights and obligations of each party to the agreement with respect to the EVGA ELITE Membership. By submitting and becoming an EVGA ELITE Member, you ("you" refers to you or anyone who submits and becomes an EVGA ELITE Member; you may also refer to "participant" or "customer") also agree to be bound by the EVGA website ("EVGA.com") Terms of Use Policy, Privacy Policy, Store Terms, and all other policies, conditions, limitations and disclaimers appearing on EVGA.com and incorporated into these Terms.

Requirements

EVGA ELITE Membership is available to individuals in all countries, except where prohibited by law. Submissions and approval for EVGA ELITE Membership will begin on April 27, 2017 at 9am (PDT).

EVGA ELITE Membership requires a valid EVGA account, 100 posts on the EVGA Forums OR qualified EVGA products registered to your account, and submission of a brief form.

Eligibility to become an EVGA ELITE Member requires:

• EVGA members must be logged in and remain logged in to sign up.
  • If you do not have a valid registration at EVGA.com, you may register for one at https://secure.evga.com/AU/signup.asp. After signing up, EVGA will send you an activation email, containing instructions for activating your account. Please follow the instructions contained in the email.
• For Memberships acquired via registered EVGA products:
  • Register your EVGA products at http://au.evga.com/support/register.asp.
  • Once your products are registered, or if you've already registered your products, please confirm that the products show up here: http://au.evga.com/community/myProducts.asp.
  • If you have the necessary qualifying products registered on your account, you will be able to submit a form on this page to become an EVGA ELITE member. A complete list of qualifying products may be located above.
• For Memberships acquired via 100 posts on the EVGA Forums:
  • Per the terms of the EVGA Forums, individuals may only have one account.
  • All 100 posts must be on the same account.
  • Posts do not include private messages or complaint tickets.
  • To qualify for ELITE Membership submission, you must have at least 100 posts at the time you request Membership.

Disclaimer

The EVGA ELITE Membership is provided as an optional program for registered accounts at EVGA.com with 100 posts on the EVGA Forums, qualifying registered graphics cards, or two qualifying registered products purchased within the last 12 months. Registration is available to all EVGA customers and registered accounts at EVGA.com and conditional upon reading and accepting the EVGA ELITE Membership Terms and Conditions. Individuals that participate in the EVGA ELITE Membership agree to be bound by the Terms and Conditions in this document. Failure to follow the Terms and Conditions may result in cancellation of your EVGA ELITE Membership request. The EVGA ELITE Membership will begin on April 27, 2017. EVGA ELITE Membership does not begin until after a prospective ELITE Member signs up and the Membership is approved.

-RX purchases, products received from RMA, and secondhand purchases do not qualify for this promotion.

EVGA is not responsible for loss or damage caused by an EVGA ELITE Membership participant's failure to follow the registration requirements, or failure to follow the requirements of the submission process.

EVGA reserves the right to terminate the EVGA ELITE Membership Program and its Terms and Conditions in part or in their entirety, without notice or compensation, at any time. The EVGA ELITE Membership Program exists at the sole discretion of EVGA. Benefits may be added or removed without notice; EVGA reserves the right to cancel the EVGA ELITE Membership Program, benefits, and memberships at any time and for any reason.

If any provision contained in these Terms is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions in these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified to have the most similar result that is valid and enforceable.

Offer void where prohibited.

Limitation of Liability

IN NO EVENT SHALL EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD-PARTY CLAIMING THROUGH OR UNDER YOU, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR SUCH DAMAGES, INCLUDING ANY LOST PROFITS ARISING FROM OR RELATING TO THE EVGA ELITE MEMBERSHIP AND THESE TERMS. IN ALL CIRCUMSTANCES, EVGA'S MAXIMUM LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE EVGA ELITE MEMBERSHIP SUBMISSION FEE THAT YOU PAID TO EVGA. EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE EVGA ELITE MEMBERSHIP WHICH EXCEEDS THIS LIABILITY LIMIT. EVGA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR THIRD-PARTY CLAIMS FOR DAMAGES FOR DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR EXEMPLARY DAMAGES, WHETHER OR NOT EVGA HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.