TERMS OF SERVICE
Effective Date: May 6, 2025
Last Updated: May 6, 2025
Welcome to ELMNT Media ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our website, services, digital products, training programs, client communications, and any related platforms (collectively, the "Services").
By accessing or using our Services in any capacity, you agree to be legally bound by these Terms and any additional guidelines, policies, or documents incorporated herein.
1. ACCEPTANCE OF TERMS
You must be at least 18 years of age and have the legal authority to enter into a binding agreement to use our Services. If you are accessing our Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization.
If you do not agree to these Terms, do not access or use any of our Services.
2. SERVICES OVERVIEW
ELMNT Media provides digital marketing services, branding, website design, SEO solutions, consulting, training programs, and private client support. Services may be offered through:
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One-on-one client relationships
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Onboarding/training portals
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Digital courses (free or paid)
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Commission-based partnerships
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Subcontracted or white-labeled services
We reserve the right to modify, pause, or discontinue any of our Services at any time, without prior notice.
3. CLIENT OBLIGATIONS
Clients agree to:
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Provide timely access to necessary materials, logins, and feedback.
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Pay invoices or service fees per the terms of the project agreement.
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Not misuse or resell any proprietary materials or systems provided by ELMNT Media.
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Maintain clear, respectful communication throughout the engagement.
Delays due to client inaction, missing information, or late payments may result in service interruptions or additional fees.
4. PAYMENT TERMS
Unless otherwise stated in writing:
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All services are prepaid or subject to milestone-based invoicing.
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Commission-based projects will outline payout structures in the service agreement.
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Digital products and programs are non-refundable unless otherwise stated.
Late payments may incur a 1.5% monthly late fee or the maximum allowed by law, and access to Services may be suspended until the balance is cleared.
5. INTELLECTUAL PROPERTY
All content, code, designs, strategies, frameworks, and assets created by ELMNT Media during any engagement—including but not limited to websites, training materials, branding assets, or systems—remain the sole intellectual property of ELMNT Media unless explicitly transferred in a signed contract.
Clients receive a limited, non-transferable, non-sublicensable license to use deliverables for their intended business purposes only.
6. CONFIDENTIALITY
Both parties agree to maintain the confidentiality of all proprietary, sensitive, or non-public information shared during the course of engagement. This includes strategy documents, pricing models, login credentials, client data, and internal processes.
This clause survives termination of any engagement.
7. COMMUNICATION
All official communications will occur via email, client portals, or scheduled calls. For accountability and quality assurance, ELMNT Media may record virtual meetings, trainings, or consultations. By using our Services, you consent to this practice.
We strive to respond within 24–48 business hours, excluding weekends and holidays.
8. TEAM & SUBCONTRACTORS
ELMNT Media may assign internal team members or approved subcontractors to work on your project. By engaging our Services, you consent to allow our team structure to evolve for operational efficiency, provided quality standards are met.
All subcontractors operate under strict confidentiality and NDAs.
9. DISCLAIMER OF WARRANTIES
Our Services are provided “as is” and “as available.” We do not guarantee:
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Specific results from digital marketing, branding, or SEO campaigns.
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Platform compatibility or uptime of third-party tools or hosting.
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Any earnings or income related to training programs, consultations, or client materials.
Use of our Services is at your own risk.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by law, ELMNT Media shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to the use of our Services.
Our total liability for any claim shall not exceed the total amount paid by you in the previous 90 days for the specific Service giving rise to the claim.
11. CANCELLATION & TERMINATION
You may cancel a subscription, training, or service engagement by providing written notice. Depending on the service, cancellation terms will be defined in your individual agreement.
ELMNT Media reserves the right to terminate a project or relationship at any time due to non-payment, misuse of Services, breach of terms, or disrespectful behavior.
In such cases, no refunds will be granted.
12. TRAINING & PROGRAM ACCESS
If enrolled in onboarding or internal training courses through ELMNT Media:
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Access is granted to team members only.
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Materials are not to be distributed, sold, or reused outside the organization.
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Completion of internal training may be required before accessing advanced tools, roles, or responsibilities.
ELMNT Media reserves the right to revoke access or remove content at any time.
13. COURSE SALES & DIGITAL PRODUCTS
Future sales of digital programs, courses, or templates are governed by separate licensing and refund terms. All purchases are final unless stated otherwise.
Any unauthorized reproduction or resale of these products will result in immediate legal action.
14. USER CONDUCT
You agree not to:
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Use our Services for illegal or fraudulent purposes.
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Attempt to access any platform, portal, or file without permission.
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Harass, abuse, or impersonate ELMNT Media staff or clients.
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Share any proprietary content or paid material without express permission.
Violations will result in termination and potential legal recourse.
15. THIRD-PARTY SERVICES
We may integrate or recommend third-party platforms (e.g., Stripe, Wix, SuiteDash, Buffer). Your use of those services is governed by their respective terms, and ELMNT Media is not responsible for outages, breaches, or malfunctions on external platforms.
16. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.
All legal proceedings shall be brought in the state or federal courts located in Cook County, Illinois.
17. DISPUTE RESOLUTION
Before initiating any legal action, both parties agree to attempt resolution through good-faith mediation. If mediation fails, disputes will be settled by binding arbitration in accordance with the rules of the American Arbitration Association.
18. CHANGES TO TERMS
We may update these Terms periodically. When we do, we will update the effective date and notify users through our platform, website, or email. Continued use of Services after changes constitutes acceptance.
19. CONTACT US
If you have questions about these Terms, reach out to us at: