Conditions of Use

Terms and Conditions:
Elemental Balance provides its services subject to the following terms, conditions, and provisions (terms and conditions).
By accessing, viewing, or using this site, you indicate that you understand these terms and conditions and accept them as the legal equivalent of a signed, written contract, binding you to these terms and conditions.
Your placement, submission, and acceptance of delivery of an order indicates your acceptance of these terms and conditions.
Elemental Balance reserves the right to change these terms and conditions at any time for any reason, and your continued use of this site following any modifications will be considered acceptance of such modifications.

General:
In the event that any provision contained in these terms and conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these terms and conditions will remain in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and Elemental Balance as a result of these terms and conditions or your use of this site.
The waiver by Elemental Balance of one breach or default under these terms and conditions shall not constitute the waiver of any subsequent or other breach or default.

Disclaimers:
While Elemental Balance endeavors to provide the most accurate, up-to-date materials available, the information, materials, products, and services available on this site may include inaccuracies, typographical errors, or outdated information.
Moreover, Elemental Balance may make modifications or changes to the site or the information, materials, products, and services described in this site at any time, for any reason.
Elemental Balance is not responsible for and need not honor typographical or pricing errors on the site.
Elemental Balance reserves the right to refuse or cancel orders at any time, including but not limited to orders that contain incorrect prices or product descriptions, orders in which Elemental Balance believes the customer has violated applicable law, and orders that Elemental Balance believes are harmful to Elemental Balance or its affiliates.
Elemental Balance also reserves the right to limit the number of items purchased or orders placed through this site.
You assume the sole risk of making use or relying on the information, materials, products, and services available on this site.
Elemental Balance makes no representations about the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained in this site for any purpose.
All information, materials, products, and services are provided "as is" without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement.
In no event shall Elemental Balance be liable for any indirect, punitive, consequential, incidental, or special damages arising out of or connected with the use of this site or with the delay or inability to use this site, for any information, materials, products, and services obtained through this site, or otherwise arising out of the use of this site, whether such damages are based in contract, tort, strict liability, or otherwise, even if Elemental Balance has been advised of the possibility of such damages.
Some states and jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.
Notwithstanding the foregoing, your sole remedy for any liability related to the use of this site shall be limited to the amount you paid in connection with the subject matter in dispute.

Entire Agreement:
These terms and conditions, together with Elemental Balance's shipping policy, privacy policy, returns policy, and other rules and policies posted on the site, which are hereby incorporated as if set forth fully in these terms and conditions, constitute the entire agreement between you and Elemental Balance with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Elemental Balance with respect to this site.
Any rights not expressly granted in these terms and conditions are reserved.

Indemnification:
You agree to indemnify, defend, and hold harmless Elemental Balance, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from your use of this site or any breach by you of these terms and conditions.
We shall not be responsible for any losses or damages sustained by you or any other person as a result of improper use or misapplication of the products.
You shall defend, indemnify and hold harmless Elemental Balance and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney's fees/court costs) arising out of or in connection with any injury, disease or death of persons (including, without limitation, your employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, or use of the products by you.
The obligations, indemnities, and covenants contained in this paragraph shall survive the consummation or termination of this transaction.

License:
These terms and conditions provide you with a personal, revocable, non-exclusive, non-transferable license to use this site conditioned on your continued compliance with these terms and conditions.
You may use this site solely for your personal use, and you may download a single copy of the materials from this site only for personal, non-commercial use, as long as you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded.
Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the material's owner.
As a condition of your use of this site, you warrant to Elemental Balance that you will not use this site for any purpose that is unlawful, unauthorized, or inconsistent with these terms and conditions, and you agree that this license to use the Elemental Balance website will terminate immediately upon your violation of this warranty.
Elemental Balance reserves the right to terminate your access to this site and its content at any time, with or without notice, at our discretion. 

Local Laws:
Elemental Balance makes no representation that materials in this site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this site are illegal is prohibited.
Further, Elemental Balance makes no representation that the products and services available for sale or use on this site are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited.
If you choose to access or make purchases from this site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

Third-Party Sites:
This site contains links to sites owned and maintained by persons or entities other than Elemental Balance.
Elemental Balance does not regularly review materials posted, or products or services offered, on the web sites to which this site is linked.
Elemental Balances does not operate or control any information, products or services offered on these third-party sites.
The materials in the third-party sites are provided "as is."
To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Elemental Balance does not necessarily endorse all of the materials, products, and services available on such linked sites, and Elemental Balance expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the products and services offered at any linked site.
Any decision to view the contents of any linked site is solely yours and is made at your own risk.

Trademark Notices:
Unless otherwise indicated, all content on this site, including text, graphics, images, and logos, is the property of Elemental Balance or its content suppliers and is protected by United States and international copyright laws and regulations.
In addition, Elemental Balance owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site's content.
Except as expressly provided herein, Elemental Balance does not grant any expressed or implied right to you.
Elemental Balance actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The contents of this site are "Copyright © 2007, Elemental Balance. All rights reserved."
Elemental Balance and other names, graphics, logos, and icons identifying Elemental Balance or its products or services are the proprietary marks of Elemental Balance.
These trademarks may not be used in connection with any product or service that is not Elemental Balance's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Elemental Balance.
All other trademarks not owned by Elemental Balance that appear on this site are the property of their respective owners.
 
Warranties:
Elemental Balance warrants its products to be free of defects in material and workmanship for 30 days from the shipment date unless otherwise noted.
Elemental Balance will replace any item returned to us within the parameters of this policy and found to be defective.
All returned warranty-issue merchandise must be properly packed for a safe return shipment and in original purchase condition with the original packaging, and an explanation of the item's problem.
Elemental Balance will not refund, credit or cover shipping expenses for warranty item returns or warranty item replacements under any circumstances.
Elemental Balance is not liable for misuse of its products. This warranty does not cover damage due to abuse, neglect, alteration, or failure to follow instructions.
These terms and conditions are subject to change without notice. The responsibility to remain familiar with these terms and conditions is yours.