Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with First Element or purchasing First Element products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with First Element or to purchase First Element products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by First Element. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of First Element used in the site are trademarks or registered trademarks of First Element. Limitation of Liability First Element shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if First Element has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a First Element product is mistakenly listed at an incorrect price, First Element reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. First Element reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, First Element shall issue a credit to your credit card account in the amount of the incorrect price. Notice First Element may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to First Element. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a First Element or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization, at the discretion of First Element. Participation Disclaimer First Element does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, First Element is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, First Element reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to First Element in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless First Element, its employees and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors; First Element may link to sites operated by third parties. However, even if the third party is affiliated with First Element, First Element has no control over these linked sites, all of which have separate privacy and data collection practices, independent of First Element. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, First Element seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).