Terms & Conditions
The www.ElementR.com Website (the “Site”) is an online service provided by ElementR Corporation (“ElementR”), subject to your compliance with the terms and conditions (“Terms”) set forth below. This Site is owned and operated by Wix. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. Please read this document carefully before accessing or using the site. By accessing or using the site, you approve that you have read, understood, and agree to be bound by the Terms set forth below. If you do not wish to be bound by these terms and conditions, do not use or access (or continue to access) the Site. ElementR reserves the right to modify these Terms from time to time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms on the site. You agree to review the Terms periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified Terms.
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1. Copyright, Licenses and Idea Submissions.
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The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are ElementR, its affiliates or other third-party licensors. You may not sell, license, rent, modify, copy, reproduce, republish, upload, post, transmit, publicly display, publish, adapt, edit, distribute, or create derivative works thereof in any manner, the material on the site, including images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to ElementR a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to ElementR by all means and in any media now known or hereafter developed. You also grant to ElementR the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ElementR for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ElementR.
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TRADEMARKS
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Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of ElementR. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
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2. Use of the Site.
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You understand that, except for information, products or services clearly identified as being supplied by ElementR, ElementR does not operate, control or endorse any information, products or services on the Internet in any way. Except for ElementR-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with ElementR. You also understand that ElementR cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. ElementR provides the Site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and ElementR shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. ElementR does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. ElementR has no control over and accepts no responsibility whatsoever for such materials.
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
COMMERCIAL TERMS
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it, (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
Our products are not eligible for return, and all sales are considered final.
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We may, without prior notice, change the services and products; stop providing the services and products or any features of the services and products we offer; or create limits for the services and products. We may permanently or temporarily terminate or suspend access to the services or products without notice and liability for any reason, or for no reason.
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LIMITATION OF LIABILITY
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In no event will ElementR be liable for (i) any incidental, punitive, special, consequential, exemplary or indirect damages (including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. ElementR assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or products; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such geographies, ElementR’s liability is limited to the greatest extent permitted by law.
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ElementR makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-ElementR website, please understand that it is independent from ElementR, and that ElementR has no control over the content on that website. In addition, a link to an ElementR website does not mean that ElementR endorses or accepts any responsibility for the content, or the use, of such website.
3. Indemnification.
You agree to indemnify, defend and hold harmless ElementR, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all demands, liability, claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms (including negligent or wrongful conduct) by you or any other person accessing the Service.
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4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of ElementR and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
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These Terms may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Site), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of these Terms.
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6.Miscellaneous.
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These Terms shall all be governed and construed in accordance with the laws of Texas applicable to agreements made and to be performed in the United States and Canada; applicable to agreements made and to be performed worldwide, except United States and Canada. You agree that any legal action or proceeding between ElementR and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Texas. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ElementR’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. ElementR may assign its rights and duties under these Terms to any party at any time without notice to you.
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Any rights not expressly granted herein are reserved.