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Introduction

Welcome to Element X RMN (“Element X”, “we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your use of our website, https://www.elementx.co (the “Site”), and the services provided by Element X RMN (the “Services”). By accessing or using our Site and Services, you agree to comply with these Terms. If you do not agree with these Terms, please do not use our Site or Services. Element X may update these Terms from time to time. Please review these Terms regularly to ensure you understand the terms that apply at that time.

Use of Site

All rights, including copyright, in this Site are owned by or licensed to Element X. The content provided on this Site, including text, graphics, audio, video, and software, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without our prior written permission, except for personal, non-commercial use. You agree not to use any automated systems to access our Site without our prior written permission and not to engage in any activities that interfere with the proper functioning of the Site.

User Contributions

Any content you upload, post, or otherwise make available on the Site (“User Contributions”) must not violate any laws or third-party rights. By submitting User Contributions, you grant Element X a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, distribute, and display such content in connection with the Site and Services.

Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the practices described in the Privacy Policy.

Links to Other Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by Element X. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You access such websites at your own risk.

Disclaimer of Warranties

The Site and Services are provided on an “as is” and “as available” basis. Element X makes no representations or warranties of any kind, express or implied, regarding the operation of the Site or the information, content, materials, or products included on the Site.

Limitation of Liability

To the fullest extent permitted by law, Element X will not be liable for any damages of any kind arising from the use of the Site or Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Changes to the Site

Element X reserves the right to change, edit, or delete any documents, information, or other content appearing on the Site or these Terms from time to time without notice and in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of this Site thereafter. However, any changes to the governing law and dispute resolution provisions set forth below will not apply to any disputes for which parties have actual notice on or before the date the change is posted on the Site.

Indemnification

You agree to indemnify, defend, and hold harmless Element X and its directors, officers, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorney fees) arising out of or relating to your violation of these Terms or your use of this Site.

Governing Law & Jurisdiction

All matters relating to this Site and these Terms and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the United States of America and the State of Delaware (without regard to its conflict of law principles). The language herein shall be interpreted as to its fair meaning and not strictly for or against any party. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Delaware in all questions and controversies arising out of your use of this Site and these Terms. You expressly submit to the jurisdiction of said courts and you consent to extraterritorial service of process. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Site must be brought within two years from the date on which such claim or action arose or accrued.

No Joint Venture, No Derogation of Rights

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Element X as a result of these Terms or your use of the Site. Element X’s performance of these Terms is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Element X with respect to such use.

Visitors’ Communications

Except where expressly provided otherwise by Element X, all comments, feedback, information, or materials that you submit through or in association with the Site shall be treated by you as non-confidential. By submitting such comments, feedback, information, or materials to Element X:

1. You represent and warrant that Element X’s use of your submission does not and will not breach any agreement, violate any law, or infringe any third party’s rights;
2. You represent and warrant that you have all rights to enter into these Terms;
3. Element X is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify, or compensate you or anyone else; and
4. You grant Element X all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by Element X to anyone whatsoever.

Place of Performance

The owner of the Site is based in the United States. Element X provides this Site for use only by persons located in the United States. Element X makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own

Waiver and Severability

No waiver by Element X of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Element X to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is determined by a court or other tribunal with appropriate jurisdiction to be invalid, illegal, or unenforceable, that provision shall be removed or restricted to the minimum extent necessary. The remaining provisions of these Terms will continue to be fully effective and enforceable.

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Last updated May 10 2024.