All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on this website (collectively known as “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on this site, are owned or licensed by or to The Key Element and are protected by copyright, trade dress and trademark laws, and various other intellectual property rights laws. Copyright is the intangible property right granted by Federal statute for an original work fixed in a tangible form of expression. Copyright provides The Key Element with the following exclusive rights in their work: to reproduce, to prepare derivative works, to distribute by sale or otherwise, to perform publicly, and to display publicly. Federal law prohibits any unauthorized use of The Key Element copyrights without the prior written consent of The Key Element.
Any information shared with The Key Element is safeguarded under certain privacy provisions. Information shared with The Key Element is handled by our organization and not shared, sold, or reproduced. The Key Element may send personally identifiable information about you to other companies or individuals only when:
We need to share your information to provide the product or service you have requested;
We need to send the information to companies who work on behalf of The Key Element to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.);
In order to fulfill your requests for certain products and services;
We respond to subpoenas, court orders, or legal processes.
The Key Element protects any and all confidential material and information, which may be disclosed between the Client and The Key Element during and after the course of the business relationship. The term “Confidential Information” means any information or material, which is proprietary to the Client and to which The Key Element would not have had access without engaging in a business relationship with the Client.
Business Relationship and Liabilities
The Key Element and the Client agree and understand that The Key Element is not an employee of the Client; The Key Element is performing under an agreement as an independent contractor.
With regard to services performed by The Key Element pursuant to the terms of an agreement: The Key Element shall not be liable to the Client or to anyone who may claim any right due to his/her relationship with the Client for any acts or omissions in the performance of said services on the part of The Key Element or on the part of the agents or employees of The Key Element except when said acts or omissions of The Key Element are due to their willful misconduct. The Client shall hold The Key Element free and harmless from any obligations, costs, claims, judgments, attorneys’ fees and attachments arising from or growing out of the services rendered to the Client pursuant to the terms of an agreement or in any way connected with the rendering of said services, except when the same shall arise due to the willful misconduct, as determined by a court of competent jurisdiction.