Terms & Conditions
We want to welcome you to our online store. ELEMENTS2.COM provides our services to you, subject to the following conditions. If you visit or shop within ELEMENTS2.COM, you accept and agree to adhere to these conditions. Please read them carefully and contact us with any questions. We want to become the number one website for your online shopping needs.
PRIVACY
Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit ELEMENTS2.COM or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, invoices, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ELEMENTS2.COM or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of ELEMENTS2.COM, with copyright authorship for this collection by ELEMENTS2.COM, and protected by international copyright laws.
TRADE MARKS
ELEMENTS2.COM’s trademarks may not be used in connection with any product or service that is not ELEMENTS2.COM’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ELEMENTS2.COM. All other trademarks not owned by ELEMENTS2.COM, or its subsidiaries, that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ELEMENTS2.COM or its subsidiaries.
LICENSE AND SITE ACCESS
ELEMENTS2.COM grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ELEMENTS2.COM. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ELEMENTS2.COM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ELEMENTS2.COM and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing ELEMENTS2.COM’s name or trademarks without the express written consent of ELEMENTS2.COM. Any unauthorized use terminates the permission or license granted by ELEMENTS2.COM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ELEMENTS2.COM so long as the link does not portray ELEMENTS2.COM, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo from ELEMENTS2.COM or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. ELEMENTS2.COM and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing upon intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ELEMENTS2.COM reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant ELEMENTS2.COM and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ELEMENTS2.COM and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify ELEMENTS2.COM or its associates for all claims resulting from content you supply. ELEMENTS2.COM has the right, but not the obligation, to monitor and edit or remove any activity or content. ELEMENTS2.COM takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from ELEMENTS2.COM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
ELEMENTS2.COM and its associates attempt to be as accurate as possible. However, ELEMENTS2.COM does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ELEMENTS2.COM is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by ELEMENTS2.COM on an "as is" and "as available" basis. ELEMENTS2.COM makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products to the full extent permissible by applicable law. ELEMENTS2.COM disclaims all warranties, express, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ELEMENTS2.com does not warrant that this site, its servers, or e-mail sent from ELEMENTS2.COM are free of viruses or other harmful components. ELEMENTS2.COM will not be liable for all damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
APPLICABLE LAW
By visiting ELEMENTS2.COM, you agree that the laws of the state of California without regard to principles of conflict of laws, will govern these Conditions of Use and disputes of any sort that might arise between you and ELEMENTS2.COM or its associates.
DISPUTES
Any dispute relating in any way to your visit to ELEMENTS2.COM or to products you purchase through ELEMENTS2.COM shall be submitted to confidential arbitration in California, U.S.A., except that, to the extent you have in any manner violated or threatened to violate ELEMENTS2.COM’s intellectual property rights, ELEMENTS2.COM may seek injunctive or other appropriate relief in any state or federal court in the state of California and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES AND MODIFICATION
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to ELEMENTS2.COM. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.