These Terms of Service (“Terms”) govern your access to and use of our website (the “Site”), purchase of products, and any related services (collectively, the “Services”). By accessing, browsing, or using the Site or Services, or placing an order, you (“you”, “your”) agree to be bound by these Terms, our Privacy Policy, and all applicable laws. If you do not agree, you may not use the Site or Services.
1. General Provisions
1.1 Identity & Governing Law
Entity: Elasmo LLC, an Alabama limited liability company, organized under the laws of the State of Alabama, United States.
Contact: 82 WATERFORD DR, CULLMAN, AL 35057; support@elasmollc.com; (251) 727-7513.
Governing Law: These Terms are governed by the laws of Alabama, U.S.A., without regard to conflict of law principles. Venue for any dispute shall be in Cullman County, Alabama.
1.2 Acceptance & Modifications
We may update these Terms at any time. Updated Terms will be posted on the Site with a new effective date and take effect immediately upon publication.
Your continued use of the Site or Services after the effective date constitutes acceptance of the updated Terms.
2. User Eligibility & Conduct
2.1 Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site, place orders, or create an account.
You represent and warrant that you have the legal capacity to enter into these Terms and are not prohibited by law from doing so.
2.2 Prohibited Conduct
You agree not to:
Use the Site for illegal, fraudulent, or harmful activities, including but not limited to credit card fraud or money laundering.
Infringe our intellectual property rights or those of third parties (e.g., copying, modifying, or distributing Site content without permission).
Circumvent technical measures, access non-public systems, or interfere with the operation of the Site.
Transmit viruses, malware, or other harmful code, or engage in activities that could disrupt or damage the Site.
Impersonate any person or entity, or falsely state your affiliation with a person or entity.
3. Accounts & Security
You may create an account to manage orders, track shipments, and access order history.
You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
We reserve the right to suspend or terminate your account at any time, with or without notice, if you violate these Terms or for any other reason in our sole discretion.
If you suspect unauthorized use of your account, you must notify us immediately at support@elasmollc.com.
4. Products & Orders
4.1 Product Information
We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that product information is error-free, complete, or current.
We reserve the right to correct pricing errors, update product details, or discontinue products at any time without prior notice.
4.2 Order Placement & Acceptance
Your order constitutes an offer to purchase products from us. We may accept or reject your order for any reason, including but not limited to product availability, pricing errors, or suspected fraud.
A binding contract is formed only when we send you an order confirmation email or ship the products.
4.3 Pricing & Payment
All prices are in U.S. Dollars (USD) and include applicable taxes unless stated otherwise.
We accept payment via [list accepted methods, e.g., credit cards, Stripe]. Payment is processed by our third-party payment processor (Stripe), and we do not store full credit card detailsStripe.
You authorize us to charge the total amount of your order (including shipping and taxes) to the payment method provided.
You are responsible for any fees associated with currency conversion or payment processing.
5. Shipping & Delivery
Shipping rates and delivery times are displayed at checkout and are subject to change.
We ship to addresses in the United States and [list other countries, if applicable].
Delivery times are estimates and are not guaranteed. We are not liable for delays caused by shipping carriers, weather, customs, or other circumstances beyond our control.
Risk of loss or damage to products passes to you upon delivery.
You are responsible for providing a valid shipping address. We are not liable for orders shipped to incorrect addresses provided by you.
6. Returns & Refunds
Our Returns & Refunds Policy is incorporated into these Terms. For detailed information, please refer to our Returns & Refunds Policy. Key provisions include:
You may request a return within [number] days of delivery for a refund or exchange, subject to product condition and eligibility.
Products must be returned in their original packaging, unused, and in the same condition as received.
Shipping costs for returns are your responsibility unless the return is due to our error (e.g., defective product, wrong item shipped).
Refunds will be issued to the original payment method within [number] business days of receiving and inspecting the returned product.
We reserve the right to deny returns that do not comply with our Returns & Refunds Policy.
7. Intellectual Property
All content on the Site, including but not limited to text, images, logos, trademarks, and software, is the property of Elasmo LLC or its licensors and is protected by U.S. and international intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal and non-commercial purposes only.
You may not reproduce, distribute, modify, display, or create derivative works from any Site content without our prior written consent.
8. Limitation of Liability & Disclaimers
8.1 Disclaimers
THE SITE, SERVICES, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM SITE DOWNTIME, WHETHER SCHEDULED OR UNSCHEDULED.
8.2 Limitation of Liability
IN NO EVENT SHALL ELASMO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, SERVICES, OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, SERVICES, OR PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Third-Party Links & Services
The Site may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of these third-party sites or services.
Your use of third-party links or services is at your own risk, and you should review the privacy policies and terms of service of those third parties.
You agree to indemnify, defend, and hold harmless Elasmo LLC, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
Your use of the Site or Services.
Your violation of these Terms or applicable laws.
Your violation of any third-party rights, including but not limited to intellectual property rights or privacy rights.
Any product you purchase from us.
11. Termination
We may terminate or suspend your access to the Site or Services at any time, with or without notice, for any reason, including but not limited to your violation of these Terms.
Upon termination, your right to use the Site or Services immediately ceases.
Sections 1, 7, 8, 10, and 12 shall survive termination of these Terms.
12. Dispute Resolution
12.1 Informal Resolution
Before initiating any legal action, you agree to contact us at support@elasmollc.com to attempt to resolve the dispute informally. We will make a good faith effort to resolve the dispute within 30 days of receiving your notice.
12.2 Arbitration
If the dispute cannot be resolved informally, any dispute arising out of or in connection with these Terms, the Site, Services, or products shall be resolved by binding arbitration in Cullman County, Alabama, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
The arbitrator’s decision shall be final and binding on both parties, and judgment may be entered upon the arbitrator’s award in any court of competent jurisdiction.
This arbitration provision does not prevent you from seeking relief in small claims court for disputes that are within the scope of small claims court jurisdiction.
12.3 Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. Miscellaneous
These Terms constitute the entire agreement between you and Elasmo LLC with respect to the Site, Services, and products, and supersede all prior or contemporaneous agreements, understandings, and representations, written or oral.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or our right to enforce it in the future.
You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms at any time without notice.
Any notices to us shall be sent to our mailing address, email, or phone number as set forth in Section 1.1.
