TERMS & CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
All users of this L’ements of the Earth website agree that access to and use of the www.LEMENTSOFTHEARTH.COM site (L’ements or The Site) are subject to the following terms and conditions and other applicable law. In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully.
If you do not agree to be bound by these terms and conditions, please do not use this site.
CONTENT & COPYRIGHT
The Site and all content and other materials, including, without limitation, designs, pictures, images, logos, text, information, data, files and software is the proprietary property of L’ements of the Earth and is protected by copyright laws, patent and trademark laws, and various other intellectual property rights laws. Copyright in the documents and material on the L’ements site is owned by or licensed to L’ements of the Earth. Nothing contained on the L’ements of the Earth site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on The Site without the written permission of L’ements of the Earth. You may download and print information of The Site content solely for your own non-commercial use or for the sole purpose of placing an order. L’ements will aggressively enforce its intellectual property rights to the fullest extent of the law.
TRADEMARKS
All trademarks, trade names, service marks, logos, and any other product or service name or slogan contained in our Site are trademarks of L’ements of the Earth and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of L’ements of the Earth or the applicable trademark holder.
TERMS
L’ements of the Earth may change, revise, add or terminate the terms of the conditions of use for The Site at its sole discretion at any time without prior notice to you. The revised change in terms shall be deemed effective immediately upon notice. L’ements may give notice by any means, including, without limitation, by posting the revised Conditions on the LEMENTSOFTHEARTH.COM site. You are responsible for reviewing The Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the L’ements site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using The Site.
WARRANTIES DISCLAIMER
THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS PROVIDED IN CONNECTION THEREWITH (THE "PRODUCTS") ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. L’EMENTS OF THE EARTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, BY YOUR OWN FREE WILL, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM THIS USE. WITHOUT LIMITING THE FOREGOING, L’EMENTS OF THE EARTH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE. L’EMENTS OF THE EARTH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ITS ELECTRONIC COMMUNCATION ARE ACCURATE, RELIABLE, COMPLETE, CURRENT OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL L’EMENTS OF THE EARTH, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE L’EMENTS OF THE EARTH PRODUCTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM THE USE OF OUR SITE, THE PRODUCTS, THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE L’EMENTS OF THE EARTH SITE, OR THAT RESULTS FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM L’EMENTS OF THE EARTH , ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE L’EMENTS OF THE EARTH SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO L’EMENTS OF THE EARTH ’S PROGRAMS OR SERVICES, EVEN IF L’EMENTS OF THE EARTH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL L’EMENTS OF THE EARTH 'S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless L’ements of the Earth , its independent contractors, employees, service providers, consultants, its parents, affiliates, and any related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the L’ements of the Earth Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against L’ements of the Earth and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
PRODUCT INFORMATION/MERCHANDISE AVAILABILITY
L’ements of the Earth jewelry products are handcrafted utilizing natural gemstones and other items. Please note that while we have tried to accurately display the colors of products, natural stones will vary in color, size and shape; the actual colors you see will depend on your monitor and may not be accurate. Merchandise availability on our website is not guaranteed as products are one-of-a-kind or limited edition works of art. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You will receive a shipping confirmation e-mail once your items have shipped.
The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.
LINKS TO OTHER SITES AND SERVICES
In the event that Links to other Internet sites and services operated by third parties, appear on The Site, this does not constitute sponsorship, endorsement, or approval by L’ements of the Earth of the content, policies, or practices of such linked sites or services. L’ements of the Earth is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
TERMINATION
Notwithstanding any of these Conditions, L’ements of the Earth reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent your future access to and use of the Site.
MISCELLANEOUS
These Conditions contain the entire understanding of you and L’ements of the Earth with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and L’ements of the Earth with respect to the subject matter hereof. The failure of L’ements of the Earth at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of L’ements of the Earth to thereafter enforce each and every provision of these Conditions. No waiver by L’ements of the Earth of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
APPLICABLE LAW AND VENUE
These Conditions and your use of the LEMENTSOFTHEARTH.COM site shall be governed by and construed in accordance with the laws of the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Conditions shall be filed only in the state and federal courts located in Bell County, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Conditions.
QUESTIONS
If you have any questions, please do not hesitate to contact us via our Contact form on this site, via email at lementsofthearth@att.net, or by phone at (323) 732-5359.
Terms and Conditions updated on January 13, 2024.
PRIVACY & SECURITY POLICY
PLEASE READ THE FOLLOWING PRIVACY & SECURITY POLICY CAREFULLY BEFORE USING THIS WEBSITE
This Privacy & Security Statement describes how we collect and use your information, how we protect your information and gives you choices as to how we use it. We suggest that you review this Privacy & Security Statement periodically as we may update it from time to time. All users of this site agree that access to and use of this site are 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.
You are now on a web site that is owned and operated by L’ements of the Earth (“L’ements” or “we”). L’ements is committed to maintaining the privacy of personal information of the persons and entities (“you” or “user”) that use this web site or any of its web applications, contents or features (The “Site”). By utilizing The Site, you consent to the collection and use of your information in accordance with the terms and conditions of this Privacy & Security Policy and agree to comply with the terms of this Privacy & Security Policy. This Privacy & Security Policy is subject to our Terms of Use and is incorporated into and made part of the Terms & Conditions of Use. You should review this Privacy Policy and the Terms & Conditions of Use periodically for any modifications or changes.
Since we collect certain types of information about our users, we want you to understand our policies surrounding the capture and use of that information. This Privacy Policy describes the type of information that we collect, how we use and store it, and how to correct and modify it. As noted below, L’ements of the Earth reserves the right to modify this Privacy Policy and the Terms & Conditions of Use at any time. Modifications to the Privacy Policy and Terms & Conditions of Use will be posted on this page, and use of the Site following any such modifications constitutes your express acceptance of the revised Privacy & Security Policy then in effect.