Terms of Use

Please Read Carefully Prior To Using This Website/Product

I. Acceptance of Terms and Conditions

Use of this Element 119 LLC (“Element 119”) Website (this “Website”) is governed by the terms and conditions below. These terms and conditions are legally binding on all users of this Website. By accessing this Website, you (“User”) agree to abide by these terms and conditions. If you as the User of this Website do not agree with any of these terms and conditions please do not use this Website, because by using the Website you will be deemed to have irrevocably agreed to these terms and conditions.

II. Intellectual Property Rights

1. Ownership
   All content, text, images, data, information, and other material displayed, available or present on this Website (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of Element 119, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is copyrighted unless otherwise noted, and may not be used without the written permission of Element 119 except as provided in these terms and conditions.
2. Authorized and Prohibited Uses
   User may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as User complies with these terms and conditions and applicable laws. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without the prior written permission of Element 119; provided, however, if the functionality of the Website permits the e-mailing of certain Content or a link, User may send that particular Content or link to others by email, as indicated. Users will not infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
3. Registration and Passwords
   Element 119 may or may not at times require a User to have a password and provide registration details to access this Website or portions of this Website. If Element 119 does require a password and registration details, it shall be a condition of use of this Website that all the details the User provides are correct, current, and complete. If Element 119 believes that the details are not correct, current, or complete, Element 119 will have the right to refuse User access to the Website, or any of its resources, and to terminate or suspend User’s account, if any. User is responsible for maintaining the confidentiality of any password(s) User is given to access this Website, and User is fully responsible for all activities that occur under User’s password(s). User agrees to notify Element 119 immediately of any unauthorized use of User’s password(s). Element 119 reserves the absolute right not to issue a password to any person or entity.

III. Website and Registration Administration

1. Linking
   Users may link to this Website unless and until Element 119 gives notice that the User must discontinue linking to this Website.
2. Authority of Website Administrator
   Element 119 may at its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these terms, and conditions, the Content, or any link at any time without liability or prior notice. Element 119 may in its discretion terminate the browsing of, registration with, and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.

IV. User Requirements and Obligations

1. Compliance
   User will comply with all applicable laws in connection with the use of this Website.
2. Unsuitable Conduct
   User will not engage in conduct on or in connection with this Website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment or adverse publicity to Element 119.
3. User Cooperation and Notification
   User will cooperate with all reasonable requests of Element 119 and will notify Element 119 promptly upon learning of any actual or suspected breach of these terms and conditions by User or unauthorized use or abuse of this Website.
4. Third-Party Sites and Other Information
   As a convenience to User, this Website may contain Content, links, and other information submitted by third parties over whom Element 119 has no control or responsibility. Element 119 has no obligation to monitor, control or restrict the use of this Website, or third-party websites accessible via links on this Website. These other sites are not under the control of Element 119, and User acknowledges that (whether or not such sites are affiliated in any way with Element 119) Element 119 is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Element 119 or any association with its operators. Moreover, Element 119 has no obligation to verify any Content submitted by a user or to provide any registration or other information to User concerning any Content.
5. Warranty Disclaimers, Limitations on Liability, and Remedies
   This Website, its Content, its Product, and its links are provided on an “as is” basis and are used only at the sole risk of User, to the fullest extent permissible by law. Element 119 disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software, and links), including ANY IMPLIED WARRANTIES as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO user, THE ABOVE EXCLUSIONS WILL APPLY TO user TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

   Element 119 will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages and lost profits, in connection with the use of the internet, this Website, its Content, Product, or its links, however, caused, whether in contract, tort, negligence, strict liability or otherwise, even if Element 119 has been advised of the possibility of such damages. Element 119 will not be a party to and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with this Website. In any event, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION are NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, the maximum liability of Element 119 will be limited to, in the sole discretion of Element 119, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by Element 119 from User.

6. Indemnification
   User will defend, indemnify and hold harmless Element 119 and its affiliates, officers, directors, employees, and contractors from any demands, claims, damages, liabilities, expenses, or harms, including attorneys fees, arising in connection with User’s use of this Website, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Website.

V. Miscellaneous

1. Separate Terms and Conditions
   In connection with User’ s use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or terms and conditions in addition to the terms and conditions set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such terms will not vary or replace these terms and conditions regarding any use of this Website, unless otherwise expressly stated.
2. Privacy Policy
   Element 119 is concerned about privacy and has developed a policy to address privacy concerns. The Privacy Policy is hereby incorporated into these terms and conditions by reference and constitutes a part of these terms and conditions. By using the site, you are accepting the practices described in this Privacy Policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the Privacy Policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

   Note: The privacy practices set forth in this Privacy Policy are for this Website only. If you link to other websites, please review the privacy policies posted at those sites.

   Collection of Information
   We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. This information is only used to fulfill your specific request, inform you of changes, and share new products or services we offer.

   Cookie/Tracking Technology
   This Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Website, and understanding how visitors use the Website. Cookies can also help customize the Website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

   Distribution of Information
   We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud that has already taken place. The information is not provided to these companies for marketing purposes.

   Commitment to Data Security
   Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

   We reserve the right to make changes to this policy. Any changes to this policy will be posted.

3. Dispute Resolution; Applicable Law and Forum
   With respect to any and all disputes arising out of or in connection with this Website or these terms and conditions (including without limitation the Privacy Policy), Element 119 and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. Element 119 has no obligation to become involved in any dispute between a User and any other person. This Website, these terms, and conditions, and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Connecticut without regard to its conflict of law principles. Element 119 and User agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in [Hartford, Connecticut] or another forum mutually agreed upon by the parties, pursuant to the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with the said Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. User agrees that Element 119 is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these terms and conditions pending a final arbitral decision.
4. Claims and Warranties
   Warranties for Element 119 products require proper application by an authorized professional, as well as registration with Element 119. For more information or clarification of claims and warranties please use our Contact Us form.
5. Modification of Terms and Conditions, Etc.
   These terms and conditions and the Privacy Policy referenced herein constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These terms and conditions are subject to change from time to time. Element 119 will endeavor to post a notice of any changes to these terms and conditions for a period of thirty (30) days following any such modifications. Therefore, User is advised to review these terms and conditions occasionally or at least every thirty (30) days. User’s continued use of this Website subsequent to Element 119’s notice of modification of these terms and conditions shall constitute User’s acceptance of the modified terms and conditions. If any term or provision of these terms and conditions shall be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other terms or provisions of these terms and conditions, or the whole of these terms and conditions, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these terms and conditions. User’s obligations pursuant to these terms and conditions shall survive termination of this Website, any use by User of this Website, any Content of User on this Website, or these terms and conditions.