SHOP YOUR ELEMENT owns and operates the website including http://www.shopyourelement.com, mobile applications, and any other linked and related pages, content, features, products, software, and tools offered by SHOP YOUR ELEMENT (“Services”).
SHOP YOUR ELEMENT reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the SHOP YOUR ELEMENT website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
You must be 18 years or older to use our Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
By accessing the Services, you represent and warrant to SHOP YOUR ELEMENT that: (i) you are an individual (i.e., not a corporation) at least 18 years old; (ii) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
You may be required to register and select a password and username (“SHOP YOUR ELEMENT User ID”) to use certain Services. You may not (i) select or use as a SHOP YOUR ELEMENT User ID a name of another person with the intent to impersonate that person; or (ii) use as a SHOP YOUR ELEMENT User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide SHOP YOUR ELEMENT with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. SHOP YOUR ELEMENT reserves the right to refuse registration of, or cancel a SHOP YOUR ELEMENT User ID in its discretion.
If you are accessing the Services through a third party site or service (such as “Facebook Connect”), SHOP YOUR ELEMENT may require that your SHOP YOUR ELEMENT User ID be the same as your user name for such third party site or service. By providing your third party account credentials to SHOP YOUR ELEMENT, you are consenting to have the information in those accounts transmitted into your SHOP YOUR ELEMENT account. You shall only use third party accounts owned by you and not by any other person or entity.
Any violation of the above may be grounds for termination of your right to access or use the Services. SHOP YOUR ELEMENT reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that SHOP YOUR ELEMENT deems in its sole discretion to be an illegal or unauthorized use of the Services. SHOP YOUR ELEMENT will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
You are responsible for all of your activity in connection with the Services. You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service; (ii) ensuring that such equipment or ancillary services are compatible with the Services; (iii) taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.
You are be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the use of the Services.
When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, "push" mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you 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.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SHOP YOUR ELEMENT OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND SHOP YOUR ELEMENT’S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, SHOP YOUR ELEMENT MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.
SHOP YOUR ELEMENT reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Services in connection with such Services selected by you. SHOP YOUR ELEMENT reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be posted on our websites, sent by via email or postal mail. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement.
Your interactions with organizations and/or individuals found on or through the Service (including without limitation SHOP YOUR ELEMENT retail partners), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SHOP YOUR ELEMENT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that SHOP YOUR ELEMENT is under no obligation to become involved.
You hereby release SHOP YOUR ELEMENT, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or not acquired any Content through the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
SHOP YOUR ELEMENT reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. SHOP YOUR ELEMENT may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. SHOP YOUR ELEMENT shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SHOP YOUR ELEMENT’S reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
You and SHOP YOUR ELEMENT agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
If you have any questions or notices of violation of this Agreement, please contact us through our Contact Us form and we will respond as soon as possible.
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