Welcome to Elemental Green! Please read these Terms and Conditions carefully before using or obtaining any content, product or services through our website Elemental.Green (“Site”).
By accessing, using, or obtaining any content, product, or services through the Service (defined below), the User (“User”, “you”, or “your”) agrees to be bound by these Terms and Conditions (“Terms”), our Privacy Notice [hyperlink], and any other legal terms or policies that may be displayed on the Site (collectively “Legal Terms”).
If you do not accept all of these Legal Terms, you are not authorized to use the Service.
You should visit this page from time to time to review the then-current Terms because they are binding on you. We may change, revise, or add to these Terms at any time by updating this posting. Unless otherwise stated, all changes will be effective immediately upon posting of the revised Terms, and will apply to all access to, and use of, the Service thereafter. Your continued use of the Service following the posting of conspicuous notice of any modification will indicate that you have agreed to be bound by those Terms.
Your use of the Service will be subject to the Legal Terms in effect at the time of your use.
Our “Service” includes the Site, “Content” (text, documents, information, data, articles, images, photographs, graphics, “Marks” (trademark, trade name, service mark, trade dress, logo, custom graphics, or icon), software, applications, video recordings, audio recordings, sounds, designs, features, alerts, offers, materials and the like that are available from or through the Site), and “Communications” (alerts, newsletters, invitations or other Content that we email you or that is available to you when you click on an advertisement or a “read more” button. It also may includes seminars and webinars and other programs that we organize online, offline or through telecommunication means).
Condition of Use
As a condition of your use of the Service, you represent, acknowledge and agree that:
- You are at least 18 years of age and are entering into this agreement on your own behalf and/or on behalf or your children who less than 18 years old but at least 13 years old;
- You possess the legal authority to create a binding legal obligation;
- You will use the Service in accordance with the Legal Terms;
- You will only use the Service in accordance with applicable laws; and
- All information that you will supply to the Service will be true, accurate, current, and
Modifications to the Service
Elemental Green reserves the right to withdraw or amend the Service in its sole discretion and without prior notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.
Errors, Inaccuracies, and Omissions
The Site may contain typographical errors, inaccuracies, or omissions. Elemental Green reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Site is inaccurate at any time without prior notice.
The Service is provided free of charge to you. Company reserves the right to suspend or terminate the operation of, or access to, any part of the Service at any time in its sole discretion. In addition, we reserve the right to suspend or terminate your individual access and use to any part of the Service at any time in our sole discretion.
Survival of Terms
The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.
You may use the Site only for lawful purposes and in accordance with the Legal Terms. In addition to the other prohibitions set forth in the Legal Terms, you are prohibited from using this Site or its Content to infringe upon or violate Company’s intellectual property rights or the intellectual property rights of others; or in any manner that could affect the functionality or the operation of the Service. You are also prohibited from using any manual or automated process to monitor or copy any of the Content on the Site without our prior written consent; and attacking the Site via a denial-of-service attack or a distributed denial-of-service attack.
Intellectual Property Rights
Company and its licensors own all right, title and interest in the Service and in all related US and foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and international treaties.
Subject to your compliance with the Legal Terms, Company grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Service only for your personal use and not for any commercial purpose. Company reserves all rights not expressly granted.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the Service. You must not delete or alter any copyright, trademark and/or other proprietary rights notices displayed on the Service.
If you wish to use any part of the Service other than as set out in the Legal Terms, please address your request as indicated in the How to Contact Us section.
If you violate the Legal Terms, your license to use the Service will cease immediately and you will be required, at our discretion and at your cost, to return or destroy any copies of the content that you have made.
The Marks that are displayed on the Service are registered or unregistered Marks of Company, its affiliates or licensors. You may not use such Marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners and are subject to their respective trademark policies.
Communications by Us
Electronic Communications, Agreements, Notices, and Disclosures
You agree that all agreements, notices, disclosures, and other communications we send to your electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this agreement.
We may send you commercial communications, such as e-mail newsletters, notice of new products or services, offers, etc. You may opt out of receiving these types of communications by selecting the link “opt out” or “unsubscribe” in the respective e-mail, or by setting the option in your registered user account, or by contacting us as indicated in the How to Contact Us section.
Third Party Links and Third Party Websites
The Site contains links to third party websites, which operate under different legal terms and privacy policies. We encourage you to read the legal terms and privacy policies for each such website. These other terms and policies will apply to you when you use these third party website or services. Company has no control over such third party websites. We are not responsible or liable, directly or indirectly, for any damage caused or alleged to be caused by or in connection with use of, or reliance on any such content available on or through any such website.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. EXCEPT OTHERWISE PROVIDED, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NEITHER COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS (COLLECTIVELY “COMPANY ASSOCIATES”) MAKES ANY WARRANTY OR REPRESENTATION THAT THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED.
SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES. CONSEQUENTLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COMPANY AND COMPANY ASSOCIATES’ WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liabilities
ELEMENTAL GREEN, COMPANY ASSOCIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF ANY PART OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE, OR LINKED TO THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COMPANY AND COMPANY ASSOCIATES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND COMPANY AND COMPANY ASSOCIATES’ TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND ANY LOSS OR DAMAGE RESULTING THEREFROM WILL NOT EXCEED $50.00. (U.S. DOLLARS) IN THE AGGREGATE.
You agree to defend, indemnify and hold harmless Company and Company Associates, and their respective employees, agents, officers and directors, and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Legal Terms or your use of the Service.
Company will not be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control.
Informal Dispute Resolution
Company wants to address your concerns without needing a formal legal proceeding. Before filing a claim against Company, you agree to try to informally resolve the dispute by contacting us as indicated in the “How to Contact Us” below. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved informally within sixty (60) days after submission, you or Company may bring a formal legal proceeding.
Use of Arbitration
You agree that any dispute between you and Company arising out of or relating to the Service will be arbitrated by JAMS arbitration services. The arbitrator will use the applicable JAMS arbitration rules unless a different set of rules are agreed upon. An arbitrator may award, on an individual basis, any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
Limitation on Claims
Regardless of any statute or law to the contrary, any cause of action or claim arising out of or relating to the Legal Terms or the Service must be filed within one (1) year after such claim or cause of action accrues, otherwise, such cause of action or claim is permanently barred.
All matters relating to the Service or the Legal Terms will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of California without regard to its conflict of law principles.
The Legal Terms constitute the sole and entire agreement between you and Company with respect to the Service and any item purchased through the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. Any ambiguities in the interpretation of the Legal Terms will not be construed against the drafting party.
You may not assign or transfer the Legal Terms or any rights or licenses granted herein without Company’s consent. Company may assign or transfer the Legal Terms without restriction. Subject to the foregoing, the Legal Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
If any provision of the Legal Terms is determined to be unlawful, invalid or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and enforced to the fullest extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions.
Responding to Legal Process
Company may respond to and comply with any subpoena, warrant or other legal order issued by a court having jurisdiction over Company (“Legal Process”) that Company believes to be valid. Company is not responsible for any direct or indirect losses that you may incur as a result of our complying with Legal Process.
Section Titles and Numbering
Section titles and numbering used in the Terms are solely for convenience. They have no legal or contractual significance.
How to Contact Us
This Site is operated by Sherri Foster, dba Elemental Green.
If you have any feedback, comments, questions, complaints, requests for service, request for support, and other communications relating to the Service please write to us via email or post.
You can find us at firstname.lastname@example.org
Regarding email communications: Please note that email communications are not always secure. Thus, please do include any confidential or sensitive information in any emails.
Our mailing address is – Elemental Green, 101 First Street, Suite 140, Los Altos, CA 94022
Regarding postal communications: Please be aware that it may take us longer to route and process your request if it is made on paper than we would take with en electronic message.
The Terms and Conditions were last updated July 1, 2016.