Last updated 06/08/2022

OVERVIEW

This website is operated by Elements Software, LLC. Throughout the site, the terms “we”, “us”

and “our” refer to Elements Software, LLC. Elements Software, LLC offers this website,

including all information, tools and services available from this site to you, the user, conditioned

upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree

to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including

those additional terms and conditions and policies referenced herein and/or available by

hyperlink. These Terms of Service apply to all users of the site, including without limitation

users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing

or using any part of the site, you agree to be bound by these Terms of Service. If you do not

agree to all the terms and conditions of this agreement, then you may not access the website or

use any services. If these Terms of Service are considered an offer, acceptance is expressly

limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms

of Service. You can review the most current version of the Terms of Service at any time on this

page. We reserve the right to update, change or replace any part of these Terms of Service by

posting updates and/or changes to our website. It is your responsibility to check this page

periodically for changes. Your continued use of or access to the website following the posting of

any changes constitutes acceptance of those changes.

SECTION 1 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred

unencrypted and involve (a) transmissions over various networks; and (b) changes to conform

and adapt to technical requirements of connecting networks or devices. Credit card information

is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use

of the Service, or access to the Service or any contact on the website through which the service is

provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or

otherwise affect these Terms.

SECTION 2 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in

your state or province of residence, or that you are the age of majority in your state or province

of residence and you have given us your consent to allow any of your minor dependents to use

this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of

the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your

Services.

SECTION 3 - SOFTWARE LICENSE

BY PURCHASING THE SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE

SOFTWARE PRODUCT (THE LICENSEE) IS CONSENTING TO BE BOUND BY AND

BECOMES A PARTY TO THE LICENSE AGREEMENT. IF LICENSEE DOES NOT AGREE

TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE SHALL NOT PURCHASE

THE SOFTWARE.

ALL COPYRIGHT RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE

ACCOMPANYING SOFTWARE, AND IN ANY PARTIAL OR COMPLETE COPIES (”THE

SOFTWARE”) IS OWNED BY ELEMENTS SOFTWARE, LLC (THE “LICENSOR”). THE

PURCHASER OR END USER OF THIS SOFTWARE MAY NOT DOWNLOAD THE

SOFTWARE INTO ANY COMPUTER, COPY IT OR USE IT FOR ANY PURPOSE WITHOUT

A LICENSE FROM LICENSOR.

ALL TITLE AND COPYRIGHTS IN AND TO THE SOFTWARE, IN WHOLE OR IN PART

(INCLUDING, WITHOUT LIMITATION, ANY IMAGES, PHOTOGRAPHS, ANIMATIONS,

VIDEO, AUDIO, MUSIC, TEXT, AND "APPLETS" INCORPORATED INTO THE

SOFTWARE), THE ACCOMPANYING MEDIA AND PRINTED MATERIALS, AND ANY

COPIES OF THE SOFTWARE ARE OWNED BY LICENSOR OR ITS SUPPLIERS. THE

SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL TREATY

PROVISIONS. THEREFORE, YOU MUST TREAT THE SOFTWARE LIKE ANY OTHER

COPYRIGHTED MATERIAL, SUBJECT TO THE PROVISIONS OF THESE TERMS.

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED WITH RESTRICTED

RIGHTS. USE, DUPLICATION, OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT

TO RESTRICTIONS AS SET FORTH IN SUBPARAGRAPH (C)(1)(II) OF THE RIGHTS IN

TECHNICAL DATA AND COMPUTER SOFTWARE CLAUSE AT DFARS 252.227-

7013 OR SUBPARAGRAPHS (C)(1) AND (2) OF THE COMMERCIAL COMPUTER

SOFTWARE — RESTRICTED RIGHTS AT 48 C.F.R. 52.227-19, AS APPLICABLE.

THE FOLLOWING TERMS AND CONDITIONS SHOULD BE READ AND UNDERSTOOD

BEFORE ANY USE OF THE SOFTWARE.

LICENSOR OFFERS YOU A NON-EXCLUSIVE LICENSE FOR THE SOFTWARE ON THE

TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THE PURCHASER OR END

USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.

BY DOWNLOADING THE SOFTWARE ONTO ANY COMPUTER, YOU ARE AGREEING

TO BE BOUND BY THESE TERMS.

INSTALLATION, USE, AND RESULTS OBTAINED FROM THE SOFTWARE ARE THE

SOLE RESPONSIBILITY OF THE PURCHASER OR END USER. LICENSOR HAS NO

RESPONSIBILITY FOR THE MANNER AND FORM IN WHICH YOU USE THE

SOFTWARE AND MAKE NO REPRESENTATIONS ABOUT THE LEGALITY OF ITS USE.

The accompanying Software is licensed, not sold, for use only in accordance with the following

terms. All other uses or copying is prohibited.

No ownership rights or other rights to the Software, including but not limited to the right to assign,

sublicense or lease, the Software, are expressly or impliedly granted by this license. Licensor

retains full title to the Software, its documentation and all copies thereof.

The purchaser may transfer the Software and rights under this license to another party only on the

condition that the receiving party agrees to be bound by all the terms and conditions of this

agreement. Upon such transfer all copies of the Software and its documentation must be transferred

to the other party or destroyed. This license to the purchaser shall be terminated upon the transfer

of the Software to another party.

You must reproduce the copyright and any proprietary notice(s) on each copy or partial copy of

the Software or its documentation that you make.

Copies of the Software may be made that are required to enjoy the licensed use. An archival copy

may be made for security purposes. All copyright and other proprietary notices must be included

on each copy or partial copy of the Software or its documentation.

No authorization or rights to copy, modify, adapt, merge, translate, reverse engineer, decompile,

disassemble or create derivative works of the Software or its associated documentation are express

or implied in this license.

The terms and conditions of this License are accepted by opening the package in which the

Software is sealed or by downloading the Software into a computer.

This license shall be effective until terminated in accordance with its terms. The purchaser or end

user may terminate the license at any time. Licensor may terminate upon the failure of the

purchaser or end user to follow the terms and conditions of the License. All copies of the Software

and its documentation must be destroyed upon any termination.

The express terms of this License replace all warranties or other conditions, or obligations imposed

by statute, common law, trade usage, or course of dealings except as required by law. The Software

is licensed “as is”, except that the Licensor warrants to the original purchaser or end user that the

Software as provided will perform substantially in accordance with its accompanying

documentation when used properly without modification on a computer.

Licensor does not warrant that the Software will operate or perform without error of that any

defects found in the Software can or will be corrected. The purchaser or end user uses the Software

at its own risk. Licensor may not be held responsible or liable for any loss, damage or expense

(including indirect and consequential loss or damage) of any nature (except personal injury or

death resulting solely from Licensor’s negligence), including but not limited to any loss resulting

directly or indirectly from the use of the Software. Licensor reserve all of its rights and remedies

available under applicable laws.

The warranty stated herein is in lieu of all other express or implied warranties, including any

warranty of merchantability and fitness for a particular purpose.

The liability of the Licensor for any claim or cause of action for breach or damages in any form

relating to this License shall be limited to the actual damages incurred or to the Licensor’s

generally accepted license fee for the licensed Software paid by the purchaser or end user,

whichever is greater. This limitation shall not apply to any claims for personal injury or bodily

injury for which the Licensor is legally liable under the law of the controlling jurisdiction.

This License shall be governed by the laws of the Commonwealth of Pennsylvania. The provisions

and sections of this License are severable. If any provision is found to be illegal or unenforceable

the remaining portions shall continue in full force and effect. All taxes, including personal property

taxes, resulting from this License are the responsibility of the purchaser or end user.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or

current. The material on this site is provided for general information only and should not be

relied upon or used as the sole basis for making decisions without consulting primary, more

accurate, more complete or more timely sources of information. Any reliance on the material on

this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not

current and is provided for your reference only. We reserve the right to modify the contents of

this site at any time, but we have no obligation to update any information on our site. You agree

that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content

thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension

or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These

products or services may have limited quantities and are subject to return or exchange only

according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our

products that appear at the store. We cannot guarantee that your computer monitor's display of

any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any

person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We

reserve the right to limit the quantities of any products or services that we offer. All descriptions

of products or product pricing are subject to change at anytime without notice, at the sole

discretion of us. We reserve the right to discontinue any product at any time. Any offer for any

product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material

purchased or obtained by you will meet your expectations, or that any errors in the Service will

be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit

or cancel quantities purchased per person, per household or per order. These restrictions may

include orders placed by or under the same customer account, the same credit card, and/or orders

that use the same billing and/or shipping address. In the event that we make a change to or cancel

an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone

number provided at the time the order was made. We reserve the right to limit or prohibit orders

that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all

purchases made at our store. You agree to promptly update your account and other information,

including your email address and credit card numbers and expiration dates, so that we can

complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any

control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”

without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party

tools.

Any use by you of optional tools offered through the site is entirely at your own risk and

discretion and you should ensure that you are familiar with and approve of the terms on which

tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the

release of new tools and resources). Such new features and/or services shall also be subject to

these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from

third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy and we do not

warrant and will not have any liability or responsibility for any third-party materials or websites,

or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services,

resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand

them before you engage in any transaction. Complaints, claims, concerns, or questions regarding

third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a

request from us you send creative ideas, suggestions, proposals, plans, or other materials,

whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that

we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise

use in any medium any comments that you forward to us. We are and shall be under no

obligation (1) to maintain any comments in confidence; (2) to pay compensation for any

comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole

discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or

otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright,

trademark, privacy, personality or other personal or proprietary right. You further agree that your

comments will not contain libelous or otherwise unlawful, abusive or obscene material, or

contain any computer virus or other malware that could in any way affect the operation of the

Service or any related website. You may not use a false e-mail address, pretend to be someone

other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no

responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical

errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,

offers, product shipping charges, transit times and availability. We reserve the right to correct

any errors, inaccuracies or omissions, and to change or update information or cancel orders if

any information in the Service or on any related website is inaccurate at any time without prior

notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any

related website, including without limitation, pricing information, except as required by law. No

specified update or refresh date applied in the Service or on any related website, should be taken

to indicate that all information in the Service or on any related website has been modified or

updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from

using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts;

ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual

property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage,

intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age,

national origin, or disability; (f) to submit false or misleading information; (g) to upload or

transmit viruses or any other type of malicious code that will or may be used in any way that will

affect the functionality or operation of the Service or of any related website, other websites, or

the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm,

pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with

or circumvent the security features of the Service or any related website, other websites, or the

Internet. We reserve the right to terminate your use of the Service or any related website for

violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted,

timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be

accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or

cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The

service and all products and services delivered to you through the service are (except as

expressly stated by us) provided 'as is' and 'as available' for your use, without any representation,

warranties or conditions of any kind, either express or implied, including all implied warranties

or conditions of merchantability, merchantable quality, fitness for a particular purpose,

durability, title, and non-infringement.

In no case shall Elements Software, LLC, our directors, officers, employees, affiliates, agents,

contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim,

or any direct, indirect, incidental, punitive, special, or consequential damages of any kind,

including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement

costs, or any similar damages, whether based in contract, tort (including negligence), strict

liability or otherwise, arising from your use of any of the service or any products procured using

the service, or for any other claim related in any way to your use of the service or any product,

including, but not limited to, any errors or omissions in any content, or any loss or damage of

any kind incurred as a result of the use of the service or any content (or product) posted,

transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for

consequential or incidental damages, in such states or jurisdictions, our liability shall be limited

to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Elements Software, LLC and our parent,

subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service

providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand,

including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach

of these Terms of Service or the documents they incorporate by reference, or your violation of

any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or

unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by

applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of

Service, such determination shall not affect the validity and enforceability of any other remaining

provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive

the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may

terminate these Terms of Service at any time by notifying us that you no longer wish to use our

Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or

provision of these Terms of Service, we also may terminate this agreement at any time without

notice and you will remain liable for all amounts due up to and including the date of termination;

and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not

constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect

to The Service constitutes the entire agreement and understanding between you and us and

govern your use of the Service, superseding any prior or contemporaneous agreements,

communications and proposals, whether oral or written, between you and us (including, but not

limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the

drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be

governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms

of Service by posting updates and changes to our website. It is your responsibility to check our

website periodically for changes. Your continued use of or access to our website or the Service

following the posting of any changes to these Terms of Service constitutes acceptance of those

changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@elementssoftware.io.