Getting Call of Duty Elite to Work
I also have had a difficult time logging into the app on my Xbox 360. For the first few days, it would say that the servers are full and to try again later. The past week has presented an endless loop of accepting the EULA. Last night, I found a way around it.
1. Head to http://www.callofduty.com/elite
2. Click the banner that says "Join up for free"
3. Follow the steps for creating your account and linking your Xbox Live/PSN accounts
Once you've completed all of the steps, you should be able to launch the console app without difficulties. This is what I had done and as of last night at 12:30, I was still able to launch the app without any problems.