Welcome to Elemental Green®. Please read these Terms and Conditions carefully before using or obtaining any content, product or services through the Elemental.Green website (“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”).
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.
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).
As a condition of your use of the Service, you represent, acknowledge and agree that:
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.
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.
The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.
Elemental Green‘s Privacy Notice elemental.green/privacy-policy explains how we treat our users’ personal information. Your use of the Service is subject to our Privacy Notice (see Privacy tab on this page).
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.
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.
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.
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.
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.
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.
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.
You agree that any dispute between you and Company arising out of or relating to the Service will be arbitrated. 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.
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.
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 used in the Terms are solely for convenience. They have no legal or contractual significance.
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 email@example.com
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, 171 Main Street, Suite 240, 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 April 30, 2018.
Our “Service” includes the Site, “Content” (information, material, alerts, articles, videos, offers 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 include seminars and webinars and other programs that we organize online, offline or through telecommunication means).
Children under 13 should not contact us or sign up for our newsletter except through their parents or guardians. We do not knowingly collect any personal information from children under 13. If we become aware that an individual submitting information is under 13, we will attempt to delete the information as soon as possible.
When you use a Service, or when you click on an advertisement or a link that directs you to our Site, or any of our Service, your browser automatically provides, and we automatically collect and store, certain information about your device (computer, tablet, smartphone,) and your activities. This includes:
When we send you, or when you access, respond to, or decline to open a Communication from us, when you complete a form to register for a webinar or conference, or when you contact us outside our Site, we automatically collect and store certain information about you, your device (computer, tablet, smartphone,) and your activities, such as:
You may provide information to us when you use our Service when you choose to:
Depending on which Service you use, the information you provide may include your:
From time-to-time, we may invite you to participate in surveys or respond to a questionnaire. Participation is voluntary. If you participate, we may request certain personal information from you, such as name, email address, or zip code. We use this information for analytics purposes, to ensure that there are no duplicates, or to send the survey results to the participants. We may use a third-party service provider to conduct these surveys. That company will be prohibited from using our users’ personal information for any other purpose than to administer the survey or send the survey results.
We (and our service providers) collect information in a variety of ways:
We generate and use aggregated, anonymized, or statistical information about the use of our Service. We may provide this information to third parties such as our advisers or consultants for research, analytical or strategic purposes. This information is not intended to allow the identification of any specific user of our Service.
Cookies, pixel tags, web beacons, mobile device IDs, and other technologies (collectively “cookies”) are used to recognize a user when the user visits a website or an application, clicks from page to page, or returns to use a website, application, or feature. Cookies are used to store, on a user’s computer or device, information about that user’s preferences and settings. Cookies can be “first party cookies” (served by us) or “third parties cookies” (served by others).
The Service relies on cookies in order to recognize users and attempt to understand their interests.
Third party’s Cookies are used for functionality, performance, and analytics purposes. These cookies collect and store automatically information about a user’s computer or mobile device, and the use of the Service. This information is used in aggregate form only.
You may choose to block certain categories of cookies. Most browsers contain information on how to control or delete cookies. These settings will typically be found in the “options” or “preferences” menu of a browser. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/
Please note that blocking or disabling certain cookies may interfere with certain functionalities of our Service. Further, while disabling a cookie may prevent the collection of information in the future, it does not prevent the use of information collected before the cookie was disabled.
The Service may contain links to other websites (e.g. to copy of an article) or social networking buttons (e.g. Facebook, Twitter) that link to other websites that are not owned or controlled by us. We are not responsible for the data collection and the privacy practices of such other Site.
We encourage you to be aware when you leave our Site and to read the privacy statements of each website on which you land after you click on a link or social networking button located on our Site.
Other than as provided above, we use the information collected from our users or from the user’s device as described above for the following purposes:
We will not share the personal information that we collect about a user with any third party for that third party’s own direct marketing purposes without the specific user’s consent.
However, we share user information with the following entities or in the following circumstances:
There may be times when we use, share, or disclose information about our users in order to comply with applicable laws or to address legal concerns or liabilities, especially in the following cases:
If you no longer want to receive marketing-related material from us, you may opt-out of receiving these marketing related electronic communications by following the unsubscribe instructions in such messages or by contacting us as indicated in the “How to Contact Us” section. We will try to comply with your request as soon as practicable. Please note that you cannot opt-out of receiving administrative messages.
Each user has the right to review, change, or suppress personally identifiable information that we have collected from that user. You may exercise third right by contacting us as indicated in the “How to Contact Us” section. For your protection, we may need to verify your identity before implementing your request. We will try to implement your request as soon as reasonably practicable.
However, please note that we reserve the right to refuse to act on a request that is manifestly unfounded or excessive (for example because it is repetitive) and/or to charge a fee that takes into account the administrative costs of providing the information or the communication or taking the action requested.
Some browsers give individuals the ability to communicate that they wish not to be tracked while browsing on the Internet. The “Do Not Track” feature of these browsers sends a signal that informs operators of services online that the user does not want certain information about their online activities to collect over time and across website or online services.
The Internet industry has not yet agreed on a definition of what “Do Not Track” means, how compliance with “Do Not Track” would be measured or evaluated, or a common approach to responding to a “Do Not Track” signal. Consequently, due to the lack of guidance, we have not yet developed features that would recognize or respond to browser-initiated Do Not Track signals.
In the meantime, you may opt out of receiving interest-based advertising from advertising networks that may be delivered on our platform and other websites by visiting the following websites: http://www.aboutads.info/consumers or http://www.networkadvertising.org.
This will opt you out of many –but not all- of the interest-based advertising activities in which we or third parties engage.
Choices you make may be browser and device specific. If you delete your cookies or use a different browser or a different computer or device, you may need to update your opt-out choices.
Other third-party Sites provide visitors with the ability to opt-out of receiving interest-based ads on their Sites that you need to control through your settings on that Site. For example, to opt out of Google’s use of your online behavior for advertising purposes, visit Google’s Ad Settings page.
California law requires that we inform California residents who have provided us with personal information that is primarily used for personal, family or household purposes that they may request that we provide information about our disclosures of certain categories of personal information to third parties for such third parties’ direct marketing purposes. Such request must be submitted to us as provided in the “How to Contact Us” section. We will provide a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties.
This request may not be made more than once per the calendar year. We reserve the right not to respond to requests made other than as provided in this section.
We limit access to our users’ information to only those employees who reasonably need access to it to perform the activities attached to their job responsibilities.
We seek to use reasonable technical, organizational, and administrative measures to protect our users’ information against unauthorized or unlawful processing and against accidental loss, destruction, or damage. We believe that these measures are reasonably adapted to the nature of the information in our custody. However, because no security system can be 100% effective, we cannot guarantee the security of any information we may have collected from or about our users.
If you believe that your interaction with our Service is no longer secure, please immediately notify us of the problem in accordance with the “How to Contact Us” section below.
We retain the information we collect about and from our users for as long as necessary to perform the activities described in this Privacy Notice or comply with a legal request unless a longer retention period is required or permitted under applicable law.
We may choose to anonymize some of the information in our custody so that it can no longer be attributed to a particular individual if we would like to retain it for longer periods of time.
The information that we obtain from or about users of our Service may be stored in data centers located in the United States, Europe, and Asia. The protection of personal information in these countries might be different from that which is afforded in your country.
This Site is operated by Sherri Foster, dba Elemental Green.
To write to us regarding this Privacy Notice and our personal information handling practices, please write to us via email or postal service.
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, 171 Main Street, Suite 240, 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 an electronic message.
Our Service and data handling practices may change from time to time. New laws may be enacted. This Privacy Notice may have to be modified to reflect these changes or requirements. Our Privacy Notice will always indicate the date when it was last changed. We encourage you to visit this page regularly to be aware of our current terms.
In addition, if we make any material changes to this Privacy Notice, we will post the updated Privacy Notice here, along with its effective date, and notify users as required by applicable law.
This Privacy Notice was last updated April 30, 2018.
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