Terms of Service

 

By purchasing KP Elements agree to indemnify, defend, and hold harmless Elements Brands LLC and it’s members from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the products sold which damages either you, Elements SkinCare LLC, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your purchase and use of KP Elements.

 

This agreement shall be governed by the applicable laws of the state of Colorado. By purchasing any Elements Brands product, the customer agrees to give notice in writing of any claim or dispute arising out of or relating to the transaction or use of the purchased product to the other party or parties involved in the dispute, specifying the basis for the claim and the amount claimed or relief sought. During a period of not less than 90 days after the written notice is received, the parties shall attempt to resolve the dispute amicably through direct discussions. If the claim or dispute is not resolved within 90 days, or after the conciliation process is complete, whichever is later, the parties agree to submit any remaining claim or dispute arising out of or relating to the transaction or use of the purchased products to binding arbitration. The arbitration award shall be final and binding, and judgment thereon may be entered by any court of competent jurisdiction. Demand for arbitration shall be made within 1 years after the issue has arisen, but in no event after the date when the initiation of legal proceedings would have been barred by the applicable statute of limitations. The parties acknowledge that this Agreement evidences a transaction involving interstate or interprovincial commerce, and The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings in any state or federal court of the United States. The parties intend for the Arbitration Rules to apply to the maximum degree possible in any arbitration. Customer agrees to accept all communications (including service of process) related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.

 

By agreeing to these terms, the Customer also consents to receive occasional marketing emails from time to time from Elements Skincare. We will also send you several transactional emails that relate to your purchase (receipt, etc). Your email address will never be shared with a 3rd party, and all emails will include the option to opt-out of future communications.

 

By purchasing or using any Elements Brands product (including but not limited to KP Elements) in any manner, the Customer represents that he has read, understands, and agrees to all terms and conditions set forth in above, and that he/she has the legal ability to consent to these conditions in the State of Colorado. If the Customer does not accept the above policies and all terms and conditions set forth within, he/she should not purchase or use, in any manner, products from Elements SkinCare. If he/she has already purchased products, he/she should contact the Company immediately to terminate the transaction and receive a full refund. It is further understood that the above policies are subject to change from time-to-time, in whole or in part, without prior notice.