Welcome to Element89 Capital! These terms and conditions outline the rules and regulations for the use of Element89 Capital’s website. By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Element89 Capital’s website if you do not accept all of the terms and conditions stated on this page.
1. Definitions
In these terms and conditions:
2. Use of the Website
You must be at least 18 years of age to use our Website. By using our Website and agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Website.
3. Account Registration
To access certain features of the Website, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Products and Pricing
All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations.
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Product (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 Product.
5. Orders and Payment
By placing an order through our Website, you are offering to purchase a Product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
We accept various forms of payment, including credit cards, debit cards, and other electronic payment methods. 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.
6. Shipping and Delivery
We aim to provide accurate shipping estimates, but delivery times may vary depending on your location and other factors. We are not responsible for any delays in shipping or delivery that are beyond our control.
Risk of loss and title for Products purchased from Element89 Capital pass to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
7. Returns and Refunds
Our return policy is outlined in our Refund and Return Policy, which is available on our Website. Please review this policy carefully before making a purchase.
We reserve the right to refuse any return if it does not comply with our return policy.
8. Intellectual Property
The content, layout, design, data, graphics, and other materials on this Website are protected by intellectual property laws and are owned by Element89 Capital or its licensors. You may not use, reproduce, or distribute any content from this Website without our prior written permission.
All trademarks, service marks, and trade names of Element89 Capital used in the site are trademarks or registered trademarks of Element89 Capital.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Element89 Capital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Website; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Website; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website by any third party; (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website.
10. Indemnification
You agree to indemnify, defend, and hold harmless Element89 Capital, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Element89 Capital is registered, without regard to its conflict of law provisions.
12. Changes to Terms and Conditions
We reserve the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting to the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new terms and conditions.
13. Contact Information
If you have any questions about these terms and conditions, please contact us at info@element89capital.com.
