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Last Updated: September 12, 2022

please read these terms of service prior to use of this website. 

IMPORTANT: Certain products on this website which contain an eight-digit Natural Product Number (NPN) on their product packaging have been reviewed and approved by Health Canada under the Canadian Natural Health Products Regulations; however, this is not the case for all products listed on the website and we invite you to contact us at info@elementco.co in the event you have any questions about the specific product you are purchasing. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional, and this is the same for any information contained in any product description or on any product label or packaging. Before taking any product, or starting any diet or supplementation program, you should talk to a qualified health care provider. Products available for purchase on this website should only be used by persons 19 years or older.

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section 1 - acceptance of the website terms of use

BY ACCESSING OR USING THE WEBSITE (AS DEFINED BELOW), BY PURCHASING AN ITEM FROM US, OR BY CLICKING TO ACCEPT THESE TERMS OF SERVICE, AS THE CASE MAY BE, YOU: (1) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND AT www.elementco.co/privacypolicy  (THE “PRIVACY POLICY”), INCORPORATED HEREIN BY REFERENCE; AND (2) REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY YOU MUST NOT ACCESS OR USE THE WEBSITE OR OTHERWISE AVAIL OF OUR SERVICES.

These terms of use for the Website and the Service, constitute a legal agreement and are entered into by and between you and element Naturals Corp ("element," "elementco,"  "we," "us," "our"). The following terms and conditions, together with any documents, policies and/or additional terms they incorporate by reference (collectively, these "Terms of Service" or "Terms"), govern your access to and use, including any content, functionality, and services offered on or through the elementco.co domain and all of its subdomains (the "Website"). These Terms of Service apply to all users of the Website, including users who are browsers, vendors, customers, merchants or contributors of content. For certainty, the meaning of “Website” in these Terms shall be deemed to include any content, functionality or service offered on our through the Website, including the offering of products for sale to you via the Website and your purchase of such products.

We reserve the right in our sole discretion to revise and update these Terms of Service from time to time and, without limiting the foregoing, any new services, features or tools which are added to the Website shall also be subject to these Terms of Service. Any and all such modifications to these Terms of Service are effective immediately upon their posting on the Website and apply to all access to and continued use of the Website. You agree to periodically review these Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these. 

Our store is hosted on Wix.com. They and Stripe.com provide us with the online e-commerce platform that allows us to sell our products and services to you.

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section 2 - your use of the website and account set-up security 

The Website, including specific content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. Your provision of registration information and any submissions you make to the Website through any functionality such as purchases, e-mails, messages and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at: www.elementco.co/privacypolicy  . Unfortunately, the transmission of information via the Internet is not completely secure and any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

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Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

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section 3 - accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The materials and information provided on the Website 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. You must obtain more specific or professional advice, including medical advice from a licensed medical professional, before taking, or refraining from taking, any action or inaction on the basis of the content on our Website. Any reliance on the Website contents or use of the products made available for sale on the Website on this site is at your own risk.

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Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. In particular, this site may contain certain historical information that is not current and is provided for your reference only. The Website may also not display our products with the same colouration and quality as they may appear in reality. While 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 our products will be accurate.

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section 4 - online purchases 

All orders, purchases or transactions for the sale of goods or services made using this Website are subject to these Terms.

a. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. In the event we choose not to accept an order, at our sole discretion, we will provide you with written confirmation of same and issue a refund for any monies paid to 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.

b. Prices and Payment Terms

All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard and American Express debit and credit cards for all purchases, among other methods of payment that may be expressly indicated on our Website from time to time. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. 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.

Without limiting the foregoing, we reserve the right, but are not obligated, to limit and/or refuse the sale of our products 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 any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time.

c. Return Policy

All products purchase through the Website are final sale and purchased items cannot be returned for exchange, credit or refund, subject to the terms of our return policy, incorporated herein by reference: www.elementco.co/refundpolicy(the “Refund Policy”). For Quebec residents, please refer to the Consumer Protection Act for any specific rights which you may have.

d. Shipping

Shipping of our products will be in accordance with our shipping policy, incorporated herein by reference: www.elementco.co/shippingpolicy  (the “Shipping Policy”). You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not responsible or liable for any delays or losses in shipments. For Quebec residents, please refer to the Consumer Protection Act for any specific rights which you may have.

e. No Warranties

The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

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 or defects in the products will be corrected. All products purchased on this Website are sold on an “as-is”, “as available” basis and any and all warranties in respect of such products, whether express or implied, are expressly disclaimed to the maximum extent permitted by applicable law.

The following provision applies to Québec residents to whom the Quebec Consumer Protection Act applies.

For Quebec residents, the Quebec Consumer Protection Act gives a warranty on all goods you purchase or lease from a merchant. Specifically, the goods must be usable:

1. for the purposes for which they are ordinarily used; and

2. in normal use for a reasonable length of time, which may vary according to the price paid, the terms of the contract and the conditions of use.

For more information on this legal warranty, go to the website of the Office de la protection du consommateur at www.opc.gouv.qc.ca.".

f. Goods Not for Resale or Export

 You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada. Without limiting the foregoing, we reserve the right to limit or prohibit orders that we suspect, in our sole judgment, to be placed by dealers, resellers or distributors.

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section 5 - 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.

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section 6 - third-party links and tools 

Certain content, products and services available via our Website may include materials from third-parties, including, without limitation, from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by elementco, are solely the opinions and the responsibility of the person or entity providing those materials.

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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.

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You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice and at our sole discretion. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

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section 7 - user comments, feedback and other submissions

In the event you send us, or submit through the Website, any submissions, information, messages, creative ideas, suggestions, comments, proposals, plans, or other materials, whether online, by email, by postal mail, through any Interactive Function or otherwise (collectively, “User Submissions”). We are and shall be under no obligation: (1) to maintain any User Submissions in confidence; (2) to pay compensation for any User Submissions; or (3) to respond to any User Submissions.

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By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, a world-wide, royalty free, perpetual, irrevocable, transferable, sublicenseable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and incorporate such material into any form, medium or technology throughout the world without requiring further permission from, or the payment of any further compensation to, you. You also hereby waive any moral rights or other rights of authorship you may have in respect of such User Submission in favour of elementco and agree to take any such reasonable action, or execute any documents, to assist elementco in the ownership, defence or enforcement of such User Submissions.

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By submitting the User Submissions, you represent and warrant that you own or have the necessary rights to submit the User Submissions and to grant the licence hereof. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Terms and do not infringe or otherwise misappropriate the rights of any third party.

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You understand and agree that you, not elementco, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including, without limitation, to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

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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.

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Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

a) In any manner violate any applicable federal, provincial, local, or international law or regulation including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including, without limitation, the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy found  at: www.elementco.co/privacypolicy

b) In any manner violate the terms of use of any third-party website that is linked to the Website, including any third-party social media website.

c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Element's sole discretion.

d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.

e) Involve, provide or contribute any false, inaccurate or misleading information.

f) Impersonate or attempt to impersonate elementco, an elementco employee, another user, or any other person or entity (including by using email addresses, or screen names associated with any of the foregoing).

g) Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

h) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm elementco or users of the Website or expose them to liability.

i) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

j) Promote any illegal activity, or advocate, promote, or assist any unlawful act.

k) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

You agree that elementco has the right, without provision of notice to:

a) Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.

b) At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including for violating these Terms.

c) Take appropriate legal action, including referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

d) Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of these Terms.

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You hereby agree to release, indemnify and hold harmless elementco, its parent, affiliates and subsidiaries, and all of their respective directors, shareholders, officers, employees, interns, agents, service providers, contractors, licensors, licensees, suppliers and successors (collectively, “Released Parties”) from any and all claims resulting from any action taken by elementco to any, investigations by either elementco or such parties or by law enforcement authorities.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not undertake to review material that you or other users submit to the Website including any and all User Submissions. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

 

section 8 - personal information

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy, found at: www.elementco.co/privacypolicy  , as we deem necessary for use of the Website.

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section 9 - errors, inaccuracies and omissions

Occasionally there may be information on our Website 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 on, or in relation to, the Website is inaccurate at any time without prior notice (including after you have submitted your order).

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You agree that we have no obligation to update, amend or clarify information on the Website or on any related website, including pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.

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section 10 - 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; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local 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 Website 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; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet; (l) to access content and data that is not intended for you; or (m) otherwise attempting to interfere with the proper working of the Website. We reserve the right to terminate your use of the Website for any reason, including for violating any of the prohibited uses.

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section 11 - intellectual property rights and ownership

You understand and agree that the Website and its entire contents, features, and functionality, including all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by elementco, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including copyright, trademark, patent, trade secret, and any other proprietary rights.

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The elementco name and the “elementco” trademark, and all related names, logos, product and service names, designs, images and slogans are trademarks of the elementco or its affiliates or licensors. You must not use such marks without the prior written permission of elementco. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

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You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;

c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads; and

d) in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.  You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by elementco.

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section 12 - geographic restrictions

The owner of the Website is based in the Province of British Columbia in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

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section 13 - disclaimer of warranties

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You understand and agree that your use of the Website, its content, any products purchased from the Website and any services or items otherwise found or attained through the Website is at your own risk. The Website, its content, all products purchased from the Website and all services or items otherwise found or attained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

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Neither elementco, nor any of the Released Parties, make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Website or its contents. Without limiting the foregoing, neither elementco nor any of the Released Parties, represent or warrant that the Website, its contents, products acquired from the Website, or any services or items otherwise found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected or that our Website or the server that makes it available are free of viruses or other harmful components.

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We cannot and do not guarantee or warrant that files or data available for downloading from the internet, the Website or otherwise available from or provided by elementco or any of the Released Parties will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mail-bombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website, purchase of products from the Website, or any services or items otherwise found or attained through the Website or to your downloading of any material posted on it, or on any website or social media account linked to it.

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section 14 - limitation of liability

The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

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To the maximum extent permitted by applicable law, in no event shall elementco, or any of the Released Parties, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including medical costs, personal injury, pain and suffering, emotional distress, lost profits, lost revenue, lost savings, loss of data, replacement costs, punitive damages, or any similar damages, whether based in contract, tort (including negligence), product liability, strict liability or otherwise, arising from, or related in any way to, your use of the Website, any products procured from elementco or using the Website, or for any other claim related in any way to your use of the Website or any product acquired therefrom, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content or products posted, transmitted, or otherwise made available via the Website, even if elementco was previously advised of or had reason to know of the possibility of such loss or damage.

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The following provision applies to Québec residents to whom the Quebec Consumer Protection Act applies.

To the maximum extent permitted by applicable law, and except for our or their gross fault, wilful misconduct or breach of an essential obligation of these Terms, in no event shall elementco, or any of the Released Parties be liable under these Terms for any claim for lost revenues, profits or loss of clients or expected clients, damages for business interruption or failure to realize expected savings, pain and suffering, emotional distress, loss of use, loss of goodwill, loss of data and any other incidental commercial or financial losses of any kind or damages that are not the direct and immediate consequence of our or their actions, whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, reliance on, all or part of the Website or its content or any action taken (or refrained from being taken) as a result of using any of the foregoing.

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section 15 - indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless elementco and all Released Parties from and against any and all claims, liabilities, damages (including any direct or indirect damages), judgments, awards, penalties, fines, losses, costs, expenses, or fees (including, but not limited to, reasonable attorneys' fees) arising out of or relating to your breach of these Terms, your purchase or use of any products from or using the Website, your use of the Website generally or any services or items otherwise found or attained through the Website including in respect of any claims filed by or on behalf of you, your next-of-kin, your heirs or your estate.

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section 16 - severability

In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

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section 17 - entire agreement; waiver

These Terms, together with the Privacy Policy, Return Policy and Shipping Policy, and any other policies or operating rules posted by us on the Website, constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms). elementco’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision or preclude any further exercise thereof.

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section 18 - interpretation

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.  The words "include", "includes" and "including" shall be deemed to be followed by the words "without limitation"; the words "herein", "hereof", "hereby", "hereto" and "hereunder" refer to these Terms of Service and all documents incorporated herein by reference; and the word "or" is not exclusive.

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section 19 - governing laws and exclusive forums 

Except for Québec residents, these Terms, your access to and use of the Website and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence or physical location. For residents of the Province of Québec, these Terms, your access to and use of the Website and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the province of Québec.

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Any legal actions, suits or proceedings arising out of these Terms will be brought exclusively in the Province of British Columbia courts or the Province of Québec courts for Québec residents and elementco and you hereby irrevocably accept and submit to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or relating to these Terms or the Website. elementco and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms or the Website.

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section 20 - consent to transact electronically and commercial electronic messages

You expressly consent: (1) to only having an electronic record of these Terms available to you and agree that you may retain a physical copy by printing this webpage or document, as the case may be; (2) to transact electronically and acknowledge by using the Website or clicking “I Accept”, as the case may be, that you are agreeing to be bound by the terms of these Terms; and (3) to elementco contacting you by phone, email, text message or otherwise for the purpose of responding to any inquiries, orders, submissions or requests made by you vis-a-vis the Website.

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section 21 - notice

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep the correspondence information you provide us current.

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To elementco. Any feedback, comments, reports, requests, notice and other communications relating to these Terms, the Website, or any products or services procured through the Website, should be directed to: info@elementco.co

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section 22 - language

You acknowledge that no French version of these Terms of Use is available to you. The parties agree that these Terms of Use and all other documents associated thereto and all communications will be in English only. Vous reconnaissez qu’aucune version française de ces termes d’utilisation n’existe. Les parties aux présentes conviennent à ce que cette entente ainsi que tous les autres documents et communications y étant afférents soient rédigés en anglais uniquement.

posted by us on the Website, constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms). Element’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision or preclude any further exercise thereof.

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section 18 - interpretation

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.  The words "include", "includes" and "including" shall be deemed to be followed by the words "without limitation"; the words "herein", "hereof", "hereby", "hereto" and "hereunder" refer to these Terms of Service and all documents incorporated herein by reference; and the word "or" is not exclusive.

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section 19 - governing laws and exclusive forums 

Except for Québec residents, these Terms, your access to and use of the Website and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence or physical location. For residents of the Province of Québec, these Terms, your access to and use of the Website and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the province of Québec.

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Any legal actions, suits or proceedings arising out of these Terms will be brought exclusively in the Province of British Columbia courts or the Province of Québec courts for Québec residents and Element and you hereby irrevocably accept and submit to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or relating to these Terms or the Website. Element and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms or the Website.

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section 20 - consent to transact electronically and commercial electronic messages

You expressly consent: (1) to only having an electronic record of these Terms available to you and agree that you may retain a physical copy by printing this webpage or document, as the case may be; (2) to transact electronically and acknowledge by using the Website or clicking “I Accept”, as the case may be, that you are agreeing to be bound by the terms of these Terms; and (3) to Element contacting you by phone, email, text message or otherwise for the purpose of responding to any inquiries, orders, submissions or requests made by you vis-a-vis the Website.

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section 21 - notice

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep the correspondence information you provide us current.

To Element. Any feedback, comments, reports, requests, notice and other communications relating to these Terms, the Website, or any products or services procured through the Website, should be directed to: info@elementco.co

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section 22 - language

You acknowledge that no French version of these Terms of Use is available to you. The parties agree that these Terms of Use and all other documents associated thereto and all communications will be in English only. Vous reconnaissez qu’aucune version française de ces termes d’utilisation n’existe. Les parties aux présentes conviennent à ce que cette entente ainsi que tous les autres documents et communications y étant afférents soient rédigés en anglais uniquement.