Terms of Service
Effective Date: 01/01/2025
Welcome to Element Worx ("we," "our," "us"). These Terms of Service ("Terms") govern your access to and use of our website elementworx.us, and any services or products we provide through our website (the "Services"). By accessing or using our website or Services, you agree to comply with and be bound by these Terms.
If you do not agree with these Terms, please do not use our website or Services.
1. Use of Our Website
You may only use our website and Services for lawful purposes and in accordance with these Terms. You agree not to use our website:
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In any way that violates any applicable local, state, national, or international law or regulation.
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To transmit harmful or illegal content (e.g., viruses, spam).
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For any fraudulent, illegal, or unauthorized purpose.
2. Account Registration
To access certain features of our website or Services, you may be required to create an account. By creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
If you believe your account has been compromised, please notify us immediately at support@elementworx.us.
3. Intellectual Property
All content on our website, including text, images, graphics, logos, videos, and software (collectively, the "Content"), is owned by Element Worx or licensed to us. You may not copy, modify, distribute, or use any Content for commercial purposes without our express written permission.
4. Product Availability and Pricing
We make every effort to ensure that the products and services on our website are accurately described and priced. However, we reserve the right to correct any errors or inaccuracies related to pricing, product descriptions, or availability at any time without notice. Prices are subject to change without notice.
If there is an issue with your order (e.g., out-of-stock items, pricing errors), we will notify you as soon as possible.
5. Payment and Transactions
By purchasing products or services through our website, you agree to provide valid and accurate payment information. We accept Paypal, Visa, and Mastercard. All transactions are processed securely through our third-party payment processor.
You agree to pay for all products, services, and applicable taxes. If a payment is declined or if there is a dispute, we may suspend or cancel your order.
6. Shipping and Delivery
We will make reasonable efforts to process and ship your order promptly. For detailed information about shipping, please refer to our Shipping Policy. Delivery times and shipping charges are subject to availability and the chosen shipping method.
We are not responsible for delays caused by the carrier or third-party shipping services.
7. Returns and Refunds
If you are not satisfied with your purchase, please refer to our Returns & Exchanges Policy for information on how to return or exchange products.
8. Privacy and Data Collection
By using our website and Services, you agree to our Privacy Policy, which explains how we collect, use, and protect your personal data.
9. Limitations of Liability
To the fullest extent permitted by law, Element Worx and its affiliates, partners, and suppliers will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, resulting from your use or inability to use our website or Services.
This includes any errors, bugs, or interruptions in the Services, regardless of whether we have been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless Element Worx, its affiliates, officers, employees, agents, and partners from any claims, liabilities, damages, and expenses (including legal fees) arising from your use of our website, violation of these Terms, or infringement of any intellectual property or other rights of any third party.
11. Prohibited Conduct
You agree not to:
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Use our website for any unlawful purpose.
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Engage in any activity that disrupts or interferes with the proper functioning of the website.
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Upload or distribute any viruses, malware, or other harmful software.
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Attempt to access or interfere with any data or network systems without authorization.
12. Termination
We reserve the right to suspend or terminate your access to our website and Services, without notice, for any reason, including but not limited to a violation of these Terms. Upon termination, your right to use the website and Services will immediately cease.
13. Changes to the Terms of Service
We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page, and the effective date will be updated accordingly. It is your responsibility to review these Terms periodically to stay informed of any changes.
By continuing to use our website or Services after changes to these Terms, you accept and agree to the modified Terms.
14. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of State of Missouri, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of our website will be resolved through arbitration in Union MO, and you consent to the exclusive jurisdiction of the courts in that jurisdiction.
15. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be severed from these Terms, and the remaining provisions will remain in full force and effect.
16. Entire Agreement
These Terms constitute the entire agreement between you and Element Worx regarding your use of our website and Services. Any previous agreements or understandings, whether written or oral, are superseded by these Terms.
17. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Element Worx
Email: support@elementworx.us.
Phone: 636-575-2211
Business Hours: Mon-Sat: 9 am - 4 pm CST
Sunday: Closed