Terms of service
TERMS OF SERVICE
Welcome to Right-Element, LLC (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website, located at https://www.right-element.com/ (the “Site”), and any services, content, features, or products offered by us through the Site (collectively, the “Service”).
ACCEPTANCE OF TERMS
By accessing or using the Service, you agree to be bound by these Terms, as well as any additional terms and conditions that are referenced herein or that otherwise may apply to specific areas of the Service. If you do not agree to these Terms, you should not use the Service.
PRIVACY POLICY
Our Privacy Policy is incorporated into and made a part of these Terms. You should read the Privacy Policy carefully before using the Service.
ELIGIBILITY
The Service is not intended for individuals under the age of 18. By using the Service, you represent and warrant that you are at least 18 years of age.
OWNERSHIP OF INTELLECTUAL PROPERTY
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
LIMITED LICENSE
Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use only.
PROHIBITED USES
You may not use the Service for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems, or networks connected to the Service, or any part of it, through hacking, password mining, or any other means.
DISCLAIMERS
The Service and its content are provided “as is” and without warranties of any kind, either express or implied. We do not represent or warrant that the Service will be error-free or uninterrupted, that defects will be corrected, or that the Service or the server(s) that make it available are free of viruses or other harmful components. We make no representations or warranties about the accuracy, completeness, security, reliability, or timeliness of the Service or its content. We reserve the right to withdraw or amend the Service, and any content or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
LIMITATION OF LIABILITY
In no event shall the Company, its affiliates, officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
a) Errors, mistakes, or inaccuracies of content, Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service.
b) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
c) Any interruption or cessation of transmission to or from our Service.
d) Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Service by any third party.
e) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service (including negligent or wrongful conduct) by you or any other person accessing the Service.
GOVERNING LAW AND VENUE
These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Florida.
ARBITRATION
In the event of any dispute arising out of or relating to these Terms of Service or the Service, such dispute shall be resolved by binding arbitration conducted in accordance with the rules of the American Arbitration Association in Miami-Dade County, Florida. The arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable rules of the American Arbitration Association. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
WAIVER AND SEVERABILITY
The failure of the Company to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
ASSIGNMENT
The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment or delegation by you is void.
AMENDMENTS TO TERMS OF SERVICE
The Company reserves the right to modify, amend or change these Terms of Service at any time, and from time to time, with or without prior notice to you. Your continued use of the Site following the posting of changes to these Terms of Service shall constitute your acceptance of such changes.
EFFECTIVE DATE
These Terms of Service are effective as of the date stated at the top of these Terms of Service and shall remain in effect until terminated by either party in accordance with these Terms of Service.
ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and the Company with respect to the use of our Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company.
CONTACT US
If you have any questions about these Terms of Service, please contact us at:
Right Element, LLC
1326 E Commercial Blvd
Oakland Park, FL 33334
Phone: (954)336-6435
Email: contact@right-element.com