Terms & Conditions
Effective Date: 29.09.2026
Effective Date: September 29, 2026
These Terms & Conditions govern your use of the 3rd Elmnt website and your interactions with 3rd Elmnt. By accessing or using this website, submitting information, or interacting with our online services, you agree to these Terms. If you do not agree, please discontinue use of the website.
1. Site Acceptance
This website provides information about 3rd Elmnt and our growth, marketing, creative, consulting, technology, systems, automation, CRM, events, media, community, and related services.
You may use this website only for lawful purposes. You may not misuse the website, interfere with its operation or security, attempt unauthorized access, submit fraudulent or misleading information, or use our website or content in violation of applicable law.
Information provided on this website is general in nature and does not constitute legal, financial, tax, or other professional advice. Services, pricing, availability, features, and website content may change from time to time.
2. Client Relationship
Submitting a form, contacting 3rd Elmnt, scheduling a conversation, or otherwise communicating with us does not by itself create a client relationship or obligate 3rd Elmnt LLC to provide services.
A client relationship is established when the parties enter into an applicable written agreement or otherwise mutually agree to the specific services being provided.
3rd Elmnt reserves the right to accept or decline projects or services at our discretion, subject to applicable law.
3. Service Agreements
Paid services may be governed by a separate proposal, scope of work, service agreement, contract, order, or other written agreement describing the applicable services, responsibilities, pricing, payment terms, timelines, ownership rights, cancellation terms, and other conditions.
If a specific written client agreement conflicts with these general website Terms, the specific written agreement will control with respect to those services.
3rd Elmnt may use third-party websites, software, CRM systems, automation platforms, hosting providers, communications providers, payment processors, integrations, vendors, and other technology when providing services. Third-party services are subject to their own terms, policies, availability, and operation. 3rd Elmnt is not responsible for outages, restrictions, policy changes, service interruptions, or other actions of third-party providers outside our reasonable control.
Unless expressly stated in a written agreement, 3rd Elmnt does not guarantee specific business growth, revenue, sales, leads, customers, search rankings, reviews, referrals, customer acquisition, marketing performance, platform performance, or other business outcomes.
4. Billing and Payment
Fees, billing schedules, recurring payments, subscriptions, initial commitments, cancellation terms, and other payment requirements for paid services will be disclosed in the applicable service agreement, proposal, order, or checkout process.
By providing an authorized payment method for recurring services, you authorize applicable charges according to the agreed billing schedule until the service is canceled in accordance with the applicable agreement.
Payments may be processed by third-party payment processors. You agree to provide accurate and current billing information. 3rd Elmnt may suspend or discontinue paid services for overdue or failed payments as permitted by the applicable agreement and law.
5. Proprietary Property
Unless otherwise stated, the 3rd Elmnt website, branding, graphics, designs, processes, systems, written content, materials, and other proprietary content created or owned by 3rd Elmnt are protected by applicable intellectual property laws and may not be reproduced, distributed, modified, or commercially used without authorization.
Clients retain ownership of intellectual property, trademarks, content, data, and materials they provide to 3rd Elmnt unless otherwise agreed in writing.
Ownership and permitted use of deliverables created specifically for a client may be further defined in the applicable service agreement.
6. Legal Mandates
SMS Terms & Conditions
By opting in to SMS communications from 3rd Elmnt, you may receive text messages based on the consent you provide. Messages may include inquiry responses, customer service communications, appointment and scheduling information, project or service updates, follow-up messages, reminders, review and referral requests, re-engagement messages, and, where separately consented to, marketing or promotional communications.
Message frequency varies. Message and data rates may apply. Consent to receive marketing text messages is not a condition of purchasing goods or services.
You can Opt Out of SMS communications at any time by replying STOP to 208-417-7787. After you send STOP, we may send an SMS confirming that you have been unsubscribed. After that confirmation, you will no longer receive SMS messages covered by that consent unless you opt in again.
If you experience issues with our messaging program, reply HELP for assistance or contact info@3rdelmnt.com.
Carriers are not liable for delayed or undelivered messages.
For questions regarding your text or data plan, contact your wireless provider.
Age Restriction
You must be at least 18 years old to consent to receive SMS messages from 3rd Elmnt
For information about how we collect, use, and protect information, please review our Privacy Policy at 3rdelmnt.com/privacy-policy.
Disclaimers and Limitation of Liability
To the fullest extent permitted by applicable law, the website and its content are provided without warranties regarding uninterrupted availability, accuracy, performance, or results. 3rd Elmnt LLC will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of the website or services except where liability cannot legally be excluded or limited.
You agree to indemnify and hold 3rd Elmnt harmless from claims, damages, liabilities, or expenses resulting from your unlawful use of the website, violation of these Terms, or infringement of another party's rights, to the extent permitted by applicable law.
Neither party will be responsible for delay or failure caused by circumstances beyond its reasonable control, subject to applicable law.
3rd Elmnt may restrict or terminate access to the website for misuse, unlawful activity, or violation of these Terms.
These Terms are governed by applicable laws of the State of Idaho. If any provision is found unenforceable, the remaining provisions will remain in effect. Failure to enforce a provision does not waive the right to enforce it later.
We may update these Terms from time to time. Changes will be reflected by updating the Effective Date.