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Conditions of Use
Welcome to the Elemental MS Inc.™ Web site. By using the Elemental MS Inc. Web site YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Elemental MS Inc. Web site. The policies of Elemental MS Inc. retail stores may differ substantially from those applicable to your use of the Elemental MS Inc. Web site.
References to Elemental MS Inc. herein refer to Elemental MS Inc. Co., Inc., Ltd., LLC, or their affiliates, subsidiaries and designees as deemed appropriate by Elemental MS Inc..
Elemental MS Inc. reserves the right to make changes to the Elemental MS Inc. Web site and its Conditions of Use and Legal Notices at any time. Each time you use the Elemental MS Inc. Web site, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the Elemental MS Inc. Web site, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Elemental MS Inc. Web site.
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
Disclaimers and Limitation of Liability
Intended for Users Over 13
Product Display/Colors
Errors on Our Site
Sales Tax Policy
Paying for Your Order
Using Promotional Codes
Validating Your Order
Order Acceptance/Confirmation
Return Policy
Order Limitations/Limited Quantities
Shipping
Termination of Use
Disclaimers and Limitation of Liability
By using the Elemental MS Inc. Web site, you expressly agree that use of the Elemental MS Inc. Web site is at your sole risk. The Elemental MS Inc. Web site is provided on an "AS IS" and "as available" basis. Neither Elemental MS Inc. nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Elemental MS Inc. Web site will be uninterrupted or error-free. Neither Elemental MS Inc. nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Elemental MS Inc. Web site or the products or services offered for sale on the Elemental MS Inc. Web site. Further, Elemental MS Inc. makes no representation that content provided on the Elemental MS Inc. Web site is applicable to, or appropriate for use in, locations outside of the
Under no circumstances shall Elemental MS Inc. or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Elemental MS Inc. Web site, including but not limited to reliance by you on any information obtained from the Elemental MS Inc. Web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Elemental MS Inc. has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Elemental MS Inc. Web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Intended for Users Over 13
The Elemental MS Inc. Web site is intended for use by individuals 13 years of age or older. The Elemental MS Inc. Web site is not directed for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this site.
Product Display/Colors
The Elemental MS Inc. Web site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Elemental MS Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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, Elemental MS Inc. will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Elemental MS Inc.'s Return Policy.
Sales Tax Policy
Because Elemental MS Inc. does business throughout the
Paying for Your Order
You may pay for your orders with most major credit cards issued in the
Generally, credit and debit card are not charged until we either ship the item(s) to you or confirm store availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.
If you ordered a special delivery item, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product.
Using Promotional Codes
Using Promotional Codes Unlike credit or debit cards, Promotional Codes used on Digital Coupons are debited at the time an order is placed. Digital Coupons will automatically be redeemed to purchase totals, up to the total purchase amount. Digital Coupons must be used prior to their noted expiration date and within a single transaction. Coupon cannot be replaced if it is lost, stolen, deleted, or if you cancel or return your purchase. In the event of a reduction in price below the coupon value, the excess value of the coupon will not be refunded. For more information, see Digital Coupons in our Help section and review details of each respective Digital Coupon offer.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Elemental MS Inc. Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Return Policy
All sales made through the Elemental MS Inc. Web site are subject to Elemental MS Inc.'s return policy. For a complete explanation of the return policy, please see Returns in our Help section.
Order Limitations
We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
Order Limitations/Limited Quantities
Elemental MS Inc. may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Elemental MS Inc. also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Elemental MS Inc. Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Elemental MS Inc. reserves the right to limit or prohibit sales to dealers.
Shipping
All orders placed on this site are subject to product availability and will be shipped according to Elemental MS Inc.'s shipping policies.
In the rare event that your order never arrives, notification of lost items must be received within 10 days from receipt of the shipping confirmation e-mail.
Please review the Shipping & Deliveries page in our Help section for additional information on shipping times, rates and policies.
Termination of Use
Elemental MS Inc. may, in its sole discretion, terminate your account or your use of the Elemental MS Inc. Web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Elemental MS Inc. reserves the right to change, suspend or discontinue all or any aspects of the Elemental MS Inc. Web site at any time without prior notice.
