Read Our Terms and Policies

Legal Notice

All notices from Element Weather Gear to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Element Weather Gear shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to Element Weather Gear five (5) days after the date sent.

Copyright Notice

All content appearing on this Web site is the property of Element Weather Gear.
Copyright © 2025, Element Weather Gear. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2025, Element Weather Gear. All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Element Weather Gear. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Element Weather Gear or any third party, except as expressly granted herein.

Terms of Use

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Element Weather Gear and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Element Weather Gear believes that customer conduct violates applicable law or is harmful to the interests of Element Weather Gear and its subsidiaries.

Privacy Policy

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Element Weather Gear and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Element Weather Gear believes that customer conduct violates applicable law or is harmful to the interests of Element Weather Gear and its subsidiaries.

Shipping and Delivery

At this time, Element Weather Gear ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Element Weather Gear ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

International

Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Element Weather Gear is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

Sales Tax

Element Weather Gear charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

Warranties

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Element Weather Gear makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it's Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.

Element Weather Gear SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Element Weather Gear BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Element Weather Gear.

The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Element Weather Gear is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Element Weather Gear.
The inclusion of material on this server does not imply any endorsement by Element Weather Gear, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Element Weather Gear tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Return Policy

You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Element Weather Gear reserves the right to change its payment procedures at any time without prior notice to you.

Miscellaneous

VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Element Weather Gear and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Element Weather Gear shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Element Weather Gear with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Element Weather Gear with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Element Weather Gear. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

 

THE WEBSITE:

The website www.elementweathergear.com (hereinafter referred to as the "Website") is owned by David Larson, with its headquarters in Eden Prairie, MN.

USE OF THE WEBSITE:

Access to and use of the Website, including viewing web pages, communicating information about products, and purchasing these products on the Website, are activities carried out by users exclusively for personal or business use. The user shall be solely responsible for using the Website and its contents.

EWG authorizes the viewing, downloading, and printing of materials contained on the Website, including the graphic layout of the Website, only for personal consultation and not for profit, in full compliance with the intellectual property rights governing the materials on the Website (including images, illustrations, graphics, animations, videos, texts, icons, drawings, and wording, etc.) concerning EWG. WEBSITE CONSULTATION AND THE DOWNLOADING OF ANY TYPE OF MATERIAL OR SUPPORT IMPLIES THAT THE USER ACCEPTS THE FOLLOWING TERMS AND CONDITIONS. A USER WHO IS UNABLE TO ACCEPT SUCH TERMS IS NOT PERMITTED TO USE THIS WEBSITE.

The downloading of certain documents or the use of some services may require the user to accept additional conditions. Although EWG pays maximum attention to checking, it cannot guarantee the accuracy or completeness of any materials published on its Website. Such materials, including product catalogs and price lists, may be changed at any time without warning at the complete discretion of EWG, which, while committing resources to this purpose, declines any obligation to update the contents on its Website. The information provided on the Website may refer to products and services that are not available in the user's country. The user is therefore obliged to consult EWG by using the specific links on the Website to obtain the required information about the products or services available for the specific user. If any clause in these Terms of Use is violated, EWG shall automatically invalidate any authorization to use the Website, and any material downloaded or printed by the user must be immediately destroyed.

LIABILITY:

The content of the Website and the functions it offers are provided "as is." Therefore, under no circumstances shall EWG or any third-party company mentioned on the Website or on any website linked to the Website be liable in any way to the user or to third parties for damages of any kind arising from the use of materials or information contained therein, or from the inability to use the Website or any other website linked to it, including any express or implied warranty of fitness for a particular purpose or related to the interruption of commercial activities or damage to its image. The user must also be aware that data processing and transmission, including their content, about services may involve the use of other networks and systems, and the need for EWG to make changes to services to conform or adapt them to technical specifications, or to standards concerning the connection of its networks or to connected equipment and programs. TO THIS END, THE USER ACKNOWLEDGES THAT EWG MAY CHANGE THE GENERAL RULES OF USE OF THE SERVICES AT ANY TIME AND AT ITS SOLE DISCRETION, WITHOUT ANY OBLIGATION TO COMPENSATE.

ANYONE USING THIS WEBSITE ALSO INCURS THE RISK THAT THE INFORMATION AND MATERIALS CONTAINED HEREIN MAY BE INCOMPLETE, INACCURATE, NOT UP-TO-DATE, OR MAY NOT MEET THEIR NEEDS AND REQUIREMENTS. EWG SPECIFICALLY DISCLAIMS ANY LIABILITY CONNECTED WITH ANY EXPLICIT OR IMPLICIT GUARANTEE, INCLUDING - BUT NOT LIMITED TO - A GUARANTEE OF MARKETABILITY OR SUITABILITY FOR A SPECIFIC PURPOSE IN RELATION TO THIS WEBSITE AND THE PRODUCTS, INFORMATION, GRAPHICS, AND MATERIALS CONTAINED THEREIN. EWG disclaims any liability for any damage resulting from the inaccessibility of the services on the Website or for any damage caused by viruses, corrupted files, errors, omissions, interruptions to the service, deletion of contents, problems with the network, providers, or telephone and/or telecom connections, unauthorized access, alteration of data, failure, and/or malfunction of the user's electronic equipment. The individual user remains responsible for the custody and correct use of his/her personal information, including the credentials that enable access to reserved services, and for any damage or prejudice that might affect EWG or third-party companies because of the incorrect use, loss, or theft of this information. IN GENERAL, EWG SHALL IN NO WAY BE HELD LIABLE FOR ANY KIND OF DAMAGE, INCLUDING - BUT NOT LIMITED TO - SPECIFIC, INDIRECT, INCIDENTAL, OR REMOTE DAMAGE, EVEN IF EWG MAY HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGE OCCURRING.

INTELLECTUAL PROPERTY RIGHTS:

The "EWG" name and logos, the contents of the Website, including, but not limited to, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos, and any other materials, in any format, published on the Website, including menus, web pages, graphics, colors, schemes, tools, characters, and the design of the Website, diagrams, layouts, methods, processes, functions, and software that are part of the Website (collectively known as the "Contents"), are property rights belonging to EWG and other holders of rights. The reproduction, in whole or in part, of the Website and/or its Contents, in any form, is prohibited without the express written permission of EWG. Making changes to the materials on the Website, making copies, reproduction, publication, distribution, or use for commercial purposes, or on any other website or computer network is prohibited. EWG and its authorized parties reserve all rights, including those not expressly provided for in these Terms of Use.

 

USER COMMUNICATION:

It is prohibited to transmit to the Website any illegal, threatening, defamatory, obscene, or pornographic material or any other material that violates any applicable law, or to deposit such material on the Website or in any database that can be accessed from it.

PRIVACY POLICY:

EWG shall process the user's personal data in compliance with the provisions of Legislative Decree no. 196/2003 and with the provisions given in the Privacy section. The Privacy policy also applies whenever the user accesses the Website and uses the related services but does not purchase any products.

LINKS:

The creation of links to the Website is permitted subject to the following conditions: although a link can be established to the Website following authorization by EWG, in each case, the material contained therein cannot be copied for commercial purposes. No browser frameworks or panels may be created around the content of the Website (framing). Linking, only permitted when authorized by EWG, does not directly or indirectly imply the existence of any form of authorization or approval by EWG regarding products or services provided by third-party companies. No relationship of any kind with EWG must be expressed or implied. No false information must be presented concerning EWG products and services. The link must not contain or lead to any material that might be considered in bad taste, offensive, or controversial. It must be suitable for viewing by users of all ages. Linking must always be performed exclusively to the Home Page of the Website, and prior written authorization from EWG is required for links to other pages of the Website. The origin of the link must not be made using the EWG name, logo, or any other distinguishing feature unless expressly authorized and governed by a special license agreement with EWG.

LINKS TO OTHER WEBSITES:

Any links to the websites of third-party companies on the Website are provided solely for user convenience. Connecting to such links implies leaving the Website. EWG has not checked the websites of linked third-party companies, does not check them, and is not responsible for them or their content. Therefore, EWG disclaims all liability for these websites, for any information, software, function, product, or material contained therein, and for any outcome that may ensue from their use. Whenever a user decides to access any website belonging to third-party companies linked to the Website, it remains understood that it shall be done under the user's sole responsibility and at the user's own risk.

WEBSITE SECURITY:

The user is prohibited from violating or attempting to violate the security functions of the Website, for example, by (1) accessing data not intended for the user or by logging into servers or accounts that the user is not authorized to access; (2) attempting to probe, examine, or test the vulnerability of the system or a network or violating the security or authentication procedures, unless expressly authorized to do so by EWG; (3) attempting to interfere with the service offered to users, host computers, or networks, for example, by spreading viruses on the Website, overloading the system, transmitting large amounts of data, etc. By using the Website, the user agrees to refrain from using any device, software, tool, agent, or other mechanism (including browsers, spiders, robots, avatars, or artificial intelligent agents) other than the search engines and other means available on the Website and the web browsers normally used (e.g., Microsoft Explorer, Opera, Google Chrome, Mozilla Firefox, Safari) to visit or interact with the Website.

APPLICABLE LAW:

The Website services are designed and intended for users residing in the USA; therefore, EWG disclaims all liability whenever the materials on its Website are used outside USA territory. Access to this Website from countries other than the USA is at the risk and peril of the user, who assumes all liability arising from the application or applicability of the law of the country of use (to which the user agrees to comply). The Disclaimer & Terms of Use are subject to the provisions of USA law. Any disputes arising from this Disclaimer & Terms of Use shall be exclusively settled by the Court of Minnesota.