Terms of Use

Effective Date: 05/14/2024

Welcome to Element Service Solutions, Inc. (ESS). By accessing or using our website and services, you agree to be bound by these Terms of Use. Please read them carefully. If you do not agree with these terms, please do not use our website or services.

1. Acceptance of Terms

By accessing or using our website or services, you agree to comply with and be bound by these Terms of Use and our Privacy Policy. These terms apply to all visitors, users, and others who access or use our services.

2. Use of Services

Eligibility: You must be at least 18 years old to use our services. By using our services, you represent and warrant that you meet this age requirement.

Permitted Use: You agree to use our website and services only for lawful purposes and in accordance with these Terms of Use. You agree not to use our services:

In any way that violates any applicable federal, state, local, or international laws or regulations.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letters," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate ESS, a company employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our services, or which, as determined by us, may harm ESS or users of our services, or expose them to liability.

3. Payment and Refunds

Payment Methods: If you pay by credit card, debit card, or check, you authorize us to charge your card or bank account for all fees and charges due. Permit fees and governmental fees cost are only included as an estimate or allowance; you are responsible for paying the actual costs, plus a markup to ESS of 25%.

Refunds: Your satisfaction is important to us. If you are not satisfied with our services within the first 30 days, you may request a refund by contacting us. After 30 days, all sales are final and non-refundable. We do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is initiated, we reserve the right to report the incident to credit reporting agencies.

4. Intellectual Property Rights

Ownership of Content: All content on our website, including designs, layouts, graphics, information, materials, documents, data, code, and databases, is owned by ESS and is protected by copyright, trademark, and other intellectual property laws.

Limited License: You are granted a revocable, non-transferable license for personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, distribute, or exploit any content for commercial purposes without our express written permission.

Unauthorized Use: Any unauthorized use of our content will be considered infringement. You agree to pay liquidated damages for any unauthorized use, in addition to any legal remedies available to us.

5. Customization

For specific services, customization may be available at our current rates. Any additional customization services must be paid in full prior to the commencement of work.

6. User Conduct

You are strictly forbidden from:

Causing damage to our website.
Using our website for any unlawful, illegal, fraudulent, or harmful purpose.
Transmitting any spyware, virus, worm, Trojan horse, or other malicious software.
Sending unsolicited communications or marketing.
Collecting data systematically from our website.
Sharing proprietary information with third parties.

7. Termination

We reserve the right to terminate or suspend your access to our services, in whole or in part, at our sole discretion, if we determine that you have violated these Terms of Use. Upon termination, you must cease all use of our services and any content obtained from them.

8. Disclaimers

Our services and content are provided "as is" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from using our services.

9. Limitation of Liability

ESS shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of our services or any content provided by us.

10. Security

While we strive to protect your personal information, we cannot guarantee the security of any information transmitted to us over the internet. You transmit such information at your own risk.

11. Jurisdiction and Venue

These Terms of Use are governed by the laws of the State of Florida, County of Seminole. Any disputes arising from these terms will be resolved in the state and federal courts located in Florida.

12. Users Outside the United States

Our services are controlled and operated from the United States. We do not represent that our services are appropriate or available for use in other locations. Users who access our services from other locations do so on their own initiative and are responsible for compliance with local laws.

13. Indemnification

You agree to indemnify and hold harmless ESS, its affiliates, and their respective directors, officers, employees, and agents from any and all claims, liabilities, damages, losses, costs, and expenses arising from your use of our services, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.

14. Changes to Terms

We may update these Terms of Use from time to time. Any changes will be posted on this page, and the effective date will be updated accordingly. Your continued use of our services after any changes indicates your acceptance of the new terms.

15. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us at:

Element Service Solutions, Inc.
2811 W. State Road 434, Longwood FL 32779
(407) 744-9122
info@elementbiz.com

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.