Terms & Conditions
WELCOME TO THE ELEMENTBODYJEWELRY.COM WEBSITE.
By using this Website and/or placing an order, you agree to be bound by these terms and condition. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the terms and condition whenever you use any Websites. If you do not agree to these terms, please do not use this Website. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity.
1. SITE TRANSACTIONS
ELEMENTBODYJEWELRY.COM reserves 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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
When you visit ELEMENTBODYJEWELRY.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. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All contents included on this Website, such as text, illustrations, logos, icons, images, designs, data compilations, photographs, software, and other materials is the property of ELEMENTBODYJEWELRY.COM or its content suppliers and protected by United States and international copyright laws. All software used on this Website is the property of ELEMENTBODYJEWELRY.COM or its software suppliers and protected by United States and international copyright laws.
No right, title or interest in our materials is conveyed to you. This is not a transfer of title of our materials, and is subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its materials without our prior written permission; you may not access or use this Website for any competitive or commercial purpose; nor may you permit any copying of our materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these materials is prohibited. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Website may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
4. PROHIBITED USES OF WEBSITE AND SERVICES
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brand, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
5. USER COMMENTS, FEEDBACK, OTHER SUBMISSIONS, AND CONTENTS
ELEMENTBODYJEWELRY.COM is pleased to hear from users and welcomes your comments regarding our products and services. Visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that no Comments submitted by you to the Website will contain contents that are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of 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.”
If 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 ELEMENTBODYJEWELRY.COM may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to ELEMENTBODYJEWELRY.COM. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, ELEMENTBODYJEWELRY.COM does not guarantee any confidentiality with respect to any User Submissions. ELEMENTBODYJEWELRY.COM is and shall be under no obligation: to maintain any Comments in confidence, to pay compensation for any Comments or to respond to any Comments. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. ELEMENTBODYJEWELRY.COM reserves the right (but not the obligation) to remove or edit such content.
You are solely responsible for your own User Submissions and the consequences of their publication on our Website (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User Submissions are appropriate; whether they comply with these Website Rules, our standards, and applicable law; and whether they may be posted or removed.
6. OUR PRODUCTS
All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice. From time to time there may be information on this Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. The prices displayed on ELEMENTBODYJEWELRY.COM are quoted in U.S. Dollars. Despite our best efforts, a small number of the items may be mis-priced. We reserve the right to make changes in information about price, description, or availability without notice. However, if an order has been placed and an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available over the internet at any particular time.
We make every effort to display as accurately as possible the colors of our products that appear on our Website. However, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors.
8. RIGHT TO CHANGE WEBSITE
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Websites or any service, content, feature or product offered through the Website, with or without notice; charge fees in connection with the use of the Websites; modify and/or waive any fees charged in connection with the Websites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any service, content, feature or product offered through the Website.
9. RISK OF LOSS
All items purchased from ELEMENTBODYJEWELRY.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. For your protection, we recommend you insure your order so you can be protected to receive your money back for the item(s) lost.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENTS, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY ELEMENTBODYJEWELRY.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ELEMENTBODYJEWELRY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ELEMENTBODYJEWELRY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELEMENTBODYJEWELRY.COM DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM ELEMENTBODYJEWELRY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELEMENTBODYJEWELRY.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. ELEMENTBODYJEWELRY.COM RESERVES THE RIGHT TO BLOCK OR DENY ACCESS TO THE WEBSITE TO ANYONE AT ANYTIME FOR ANY REASON.
11. LIMITATION OF LIABILITY
In no event will ELEMENTBODYJEWELRY.COM be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this Website, any other hyperlinked Websites, OR Porducts. You agree to defend, indemnify and hold ELEMENTBODYJEWELRY.COM harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Website OR our Products. If you access this Website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.
We take great precautions to keep the information you share with us safe and private. Please review our Privacy and Security Policy, which also governs your visit to our Website, to understand our practices.
If you use this Website, 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. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else. If you are under 18, you may use ELEMENTBODYJEWELRY.COM only with involvement of a parent or guardian. ELEMENTBODYJEWELRY.COM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.