Elementerre Terms of Use

1. Acceptance of Terms

Elementerre LLC (referred to collectively and individually as “Company,” “us,” “our” or “we”), provides the elementerrestudio.com website and various related services (collectively referred to as the “Site”), as well as various products and offerings (collectively referred to as “Offerings”), subject to your compliance with the following Terms of Use (“Terms”), as well as any other written agreement(s) between us and you, including our Privacy Policy (these Terms and the Privacy Policy collectively, the “Agreement”).

You acknowledge that we may make changes to any portion of the Agreement from time to time and for many reasons, including to reflect updates to the Site or Offerings, or changes in law. If we make a material change to the Agreement, it will be effective thirty (30) days following our notice of the adoption of the amended terms. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Site, or by other means, consistent with applicable law. By continuing to use the Site you will be deemed to have agreed to and accepted any changes to the Agreement. You are responsible for periodically reviewing the Agreement for updates and amendments. If you do not agree to any change to the Agreement, you may not use the Site or the Offerings.

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.

BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR OFFERINGS.  THESE TERMS ARE EFFECTIVE AS OF NOVEMBER 29, 2023.

2. Offerings

Offerings.  We provide a number of Offerings for users on the Site, including but not limited to, information about products of ours or our Affiliates, links to third parties that sell products of ours or our Affiliates, methods of submitting project inquiries, the ability to opt-in to our newsletter, and other information.  You are solely responsible for providing, at your own expense, all equipment necessary to use the Site, including a computer and modem; and your own Internet access (including payment of fees associated with such access).

No Guarantee.  Although we work hard to provide quality Offerings, you understand and acknowledge that we cannot and do not promise or guarantee (i) specific results from using the Site or Offerings available on the Site, or (ii) the accuracy or completeness of any content.

Temporary Interruptions.  You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control.  You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings.  You agree that the Offerings and this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

Modifications/Discontinuation.  We reserve the sole right to either modify or discontinue the Site, including any of the Sites’ features, at any time with or without notice to you.  We will not be liable to you or any third party should we exercise such right.  Any new features that augment or enhance the then-current services on this Site shall also be subject to the Agreement.

3. Site Conduct & Third-Party Websites

Prohibited Conduct. You agree to only use the Site for purposes that are lawful and in accordance with these Terms and any applicable law, rules, or regulations. You may not:

• use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site;
• attempt to gain unauthorized access to the Site or the computer systems or networks for the Site through hacking, password mining or any other means;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload, post, email or transmit, or otherwise make available through the Site any inappropriate, defamatory, infringing, obscene, or unlawful content;
• upload, post, email or transmit, or otherwise make available through the Site any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
• upload, post, email or transmit, or otherwise make available through the Site any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
• run Mail list, Listserv, or any form of auto-responder or “spam” on the Site;
• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, including to utilize framing techniques to enclose content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or collect information about its users for any unauthorized purpose;
• submit content that falsely expresses or implies that such content is sponsored or endorsed by us, any of our affiliates or any third parties;
• use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions);
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
• use the Site for any commercial purpose whatsoever, other than as allowed herein or otherwise approved by us.

Third Party Sites and Information.  This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties.  While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable.  You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites.  The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. Third parties’ websites are not subject to our Terms or Privacy Policy. You should carefully review the privacy policies and other conditions of use for such third-party websites.

Promotions.  From time to time, this Site may include advertisements offered by third parties.  You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site.  Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser.  We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

4. Company Intellectual Property

Any and all rights associated with the Site, its content and the Offerings, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights, trade names, moral rights and patents (“Intellectual Property”) are the sole property of the Company or its licensors, affiliates or other third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, display, lease, loan, sell, create derivative works from, upload, transmit, distribute or otherwise use any Intellectual Property displayed or made available in, or otherwise associated with, the Site, in any way, without the Company’s express written consent; provided, however, that you may make a single copy of content for personal, non-commercial use, unless and until the Company or the owner of the Intellectual Property associated with the relevant content notifies you that you must discontinue such use. Except as provided herein, the Company does not grant to you any express or implied rights to our or any third party’s Intellectual Property.

Content.  For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Company or its Affiliates.

No warranty for Third-Party Infringement.  Neither our Affiliates nor we warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

5. Submissions

Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, including feedback, suggestions, or ideas, will be treated as non-confidential and non-proprietary user content (“User Content”).  While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, fully paid-up, royalty-free, fully transferable, sub-licensable through multiple tiers, perpetual, worldwide license to copy, distribute, display, publish, translate, adapt, modify, exploit, and otherwise use the User Content for any purpose whatsoever, regardless of the form, manner or medium in which it is used, whether for profit or not, in any jurisdiction, now known or hereafter discovered throughout the universe, without permission or notice (the “Submission License”). You represent and warrant that you have the legal right and ability to grant the foregoing Submission License to us (including our employees and Affiliates). You acknowledge and agree that you have no expectation of review, compensation or consideration from any and all exploitations by the Company, its employees or Affiliates, under the Submission License. To the extent that any moral rights or ancillary rights are involved, you agree not to enforce any such rights against the Company, its employees or Affiliates.

Any submissions, uploads or postings on the Site are not made in confidence, and no fiduciary relationship is created between you and the Company.

Confidential Information.  As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our Privacy Policy).  Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise.  Ideas that we receive unsolicited will be treated as property owned by, or licensed to, the Company and will not be returned to you.

6. Notice and Procedure for Making Claims of Intellectual Property Infringement

The Company respects the intellectual property rights of others.  If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide the Company, in electronic writing, the information specified below.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
• A description of the intellectual property right that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

Please note that this procedure is exclusively for notifying the Company that your intellectual property rights have been infringed.  The Company’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached via help@elementerrestudio.com.

7. Disclaimer

YOU EXPRESSLY AGREE THAT:

(1)       ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

(2)       THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.  WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.  THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

(3)       THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

(4)       THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. THE COMPANY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF THE COMPANY.   THE SITE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES (“LINKED SITES”).  THE COMPANY HAS NOT REVIEWED ALL OF THE LINKED SITES AND IS NOT RESPONSIBLE FOR THE CONTENTS OR OPERATION OF ANY LINKED SITES OR ANY FURTHER SITES LINKED THEREIN.  YOUR ACCESS AND USE OF THE LINKED SITES IS AT YOUR SOLE RISK

8. Limitation of Liability & Indemnification

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, OFFERINGS, AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

FURTHER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR OTHER TYPES OF DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  PLEASE CONSULT THE LAWS IN YOUR JURISDICTION. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

9. Indemnity

You represent and warrant that any information or materials you post on or transmit through the Site for any purpose will not infringe on the intellectual property rights or violate any other rights of any third party. To the extent permitted by applicable law, you agree to indemnify, defend and hold the Company and its subsidiaries, Affiliates, officers, members, employees, agents, and business partners harmless from any claims, damages, costs, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities of any nature whatsoever arising from or relating to: your violation of this Agreement; your use or misuse of the Site and the Content, and/or any Offerings, products and services available on or via the Site; any information, feedback, suggestions, ideas, content and materials submitted, uploaded or otherwise transmitted by you via or in connection with the Site; your access to or use of any web sites linked to this Site; and any dealings between you and any third parties relating to the Site.

We maintain the right to employ outside counsel and assume control of the defense and settlement of any matter subject to your indemnification obligation. All of your indemnification obligations, releases, and warranties under this Agreement shall stand even if we are made aware of the possibility of damage before such damage occurs.

10. Termination of Use

Grounds for Termination.  You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms.  Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

No Right to Offerings Upon Termination.  Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease.  We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

11. Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration, as set forth in this Section 11 (the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.

1. Agreement to Binding Arbitration Between You and the Company.
   You and the Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Site or Offerings at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and the Company, and not in a court of law.You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and the Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and the Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
2. Rules and Governing Law.
   The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Delaware.
3. Rules and Governing Law.
   A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the State of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
4. Location and Procedure.
   Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
5. Arbitrator’s Decision.
   The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
6. Fees.
   Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
7. Confidentiality.
   The dispute resolution proceedings contemplated by this Section 11 (and all related claims, defenses and proceedings, including the existence of the dispute and the fact that there is an arbitration proceeding) will be kept confidential and private as permitted by law (except as necessary to enter judgment upon the award or as otherwise required by applicable law). The parties therefore cannot disclose the existence, content or results of any proceedings conducted in accordance with this provision, and any materials submitted in connection with those proceedings will not be admissible in any other proceeding; provided, however, that this confidentiality provision will not prevent a petition to vacate or enforce an arbitral award, and will not bar disclosures required by law.
8. Changes.
   If the Company changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing the Company written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective Date” above. This written notice must be provided by mail or hand delivery to our registered agent for service of process. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and the Company in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
9. Severability and Survival.
   If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

12. Miscellaneous Provisions
    Jurisdictional Issues.  The Company controls and operates the Site from our offices in the United States of America. Only persons located in the United States are authorized to access and use the Site and the Offerings. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who access the Site from other locations do so without authorization, on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. By providing any personal information via the Site, you fully understand and unambiguously consent to the collection and processing of such information in the United States, as well as any other countries where the Company’s Affiliates or service providers may be located, to the extent consistent with applicable law.

Governing Law.  These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region.

California Consumer Rights Notice. Pursuant to California Civil Code Section 1789.3, California residents may also be entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this Site are Elementerre LLC, sometimes doing business as Elementerre Studio. Complaints regarding the Site or requests to receive further information regarding use of this Site may be sent by e-mail to help@elementerrestudio.com..

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

No Children.  No individuals under 18 years of age are authorized to use the Site. Individuals submitting information via the Site represent that they are over 18 years of age. If you are under the age of 18, you must have your parent or guardian’s permission to use the Site; by using the Site, you are representing and warranting that you have obtained the necessary permissions do so.

Notices.  All notices to a party shall be in writing and shall be made via email.  Notices to us must be sent to the attention of Hassan Shaikh at help@elementerrestudio.com. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record.

Warranties and Consents. You hereby warrant that all information, whether personal or otherwise, submitted by you via the Site is correct and current. You further warrant that you have the legal right and ability to agree to and be bound by these Terms herein as well as to disseminate any material you upload to the Site. You additionally consent to the use of electronic signatures whenever necessary and acknowledge that such electronic signatures are legally binding and enforceable.

Testimonials. The Site may include testimonials. The Company does not guarantee the accuracy of such testimonials, and in no event shall such testimonials constitute a guarantee, warranty, or prediction regarding your experience with the Company.

No Resale Right.  You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 4 of these Terms.

Force Majeure.  In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Savings Clause.  If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver.  Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, or a breach of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between the Company and you solely as a result of these Terms or your use of the Site. The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of the provisions of this Agreement.

Assignment. You may not assign, delegate, transfer, or sublicense your rights or obligations under this Agreement. Any purported assignment, delegation, transfer or sublicense by you shall be ineffective and void. We may freely assign, delegate, transfer or sublicense any or all of our rights or obligations under this Agreement, without notice to you and without requiring your consent.

Survival. All provisions of these Terms shall survive termination or expiration of these Terms (to the extent permitted by law), except those provisions granting access to or use of the Site or the Offerings.

Entire Agreement.  These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.  These Terms may NOT be altered, supplemented, or amended by the use of any other document(s).  To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. Any rights not expressly granted by these Terms are reserved by us.

Contact Information. If you have any questions, please contact us at help@elementerrestudio.com.