Terms & Conditions

These Terms and Conditions constitute a legally binding agreement made between you and Rare Element Digital (“Company,” “we,” “us,” or “our”), concerning your access to and use of the rareelementdigital.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

By accessing the Site, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, please do not access the Site.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

By using the Site, you represent and warrant that:

• All information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update it as necessary
• You have the legal capacity and agree to comply with these Terms and Conditions
• You are not a minor in the jurisdiction in which you reside
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
• You will not use the Site for any illegal or unauthorized purpose

Rare Element Digital provides web design, web development, SEO, graphic design, and related digital marketing services. All services are governed by individual project agreements or statements of work agreed upon between the Company and the client. These Terms serve as the general legal framework, while specific service terms will be outlined in your project agreement.

The Company reserves the right to refuse service to anyone for any reason at any time. Prices for services are subject to change without notice. The Company reserves the right to modify or discontinue any service (or any part or content thereof) at any time without notice.

Payment terms for all projects will be outlined in your project proposal or agreement. Unless otherwise agreed in writing:

• A deposit is required before work commences on any project
• Final payment is due upon project completion and prior to final delivery or site launch
• Invoices are due within 14 days of receipt unless otherwise specified
• Overdue payments may be subject to a late fee or suspension of services

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activities include but are not limited to:

• Systematically retrieving data or other content from the Site to create a collection, compilation, database, or directory without our written permission
• Using the Site to advertise or sell goods and services without authorization
• Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site
• Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Pennsylvania applicable to agreements made and to be entirely performed within the State of Pennsylvania, without regard to its conflict of law principles.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We may update these Terms and Conditions from time to time. The updated version will be indicated by an updated “Last Updated” date and the updated version will be effective as soon as it is accessible. We encourage you to review these Terms frequently to stay informed of updates.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Rare Element Digital
Email: info@rareelementdigital.com
Phone: 215-279-4597 (Philadelphia)
Phone: 856-885-0106 (Denver)