Terms & Conditions

1. Acceptance of Terms

By accessing or using The North Elm Retail services, you agree to be bound by these Terms & Conditions. If you do not agree, please refrain from using our services.

2. Definitions

Affiliate: An entity that controls, is controlled by, or is under common control with a party.

Company: Refers to The North Elm Retail.

Device: Any device that can access the service, such as a computer, cellphone, or digital tablet.

Service: Refers to the website and services provided by The North Elm Retail.

Terms and Conditions: These Terms that form the entire agreement between you and The North Elm Retail.

You: The individual accessing or using the service, or the company on whose behalf such individual is accessing or using the service.

3. Acknowledgment

These Terms govern your use of the service and form a binding agreement between you and The North Elm Retail. By using the service, you affirm that you are at least 18 years old and are fully able and competent to enter into these Terms.

4. Communications

By using our service, you agree to receive communications from us, including emails, calls, and messages, for service-related purposes. Calls may be recorded for quality assurance.

5. Privacy Policy

Your use of our service is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review it carefully.

6. Links to Other Websites

Our service may contain links to third-party websites. The North Elm Retail has no control over, and assumes no responsibility for, the content or practices of any third-party sites.

7. Termination

We may terminate or suspend your access to the service immediately, without prior notice, for any reason, including if you breach these Terms.

8. Limitation of Liability

The North Elm Retail and its suppliers shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the service.

9. “AS IS” and “AS AVAILABLE” Disclaimer

The service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind. The North Elm Retail disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.

10. Governing Law

These Terms shall be governed by the laws of Wisconsin, United States, without regard to its conflict of law provisions.

11. Indemnification

You agree to indemnify and hold harmless The North Elm Retail and its affiliates from any claims, damages, or expenses arising from your use of the service or violation of these Terms.

12. Dispute Resolution

If you have any dispute with The North Elm Retail, you agree to first contact us to attempt to resolve the issue informally.

13. For European Union (EU) Users

If you are an EU consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident.

14. United States Legal Compliance

You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country.

15. Severability and Waiver

If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in effect. Failure to enforce any right or provision will not be considered a waiver.

16. Translation Interpretation

These Terms may have been translated. In case of a dispute, the original English version shall prevail.

17. Service-Specific Terms

General Disclaimer
The North Elm Retail does not guarantee specific outcomes for any service. Clients may need to provide documentation as per platform policies. If the client cannot provide required materials, The North Elm Retail reserves the right to conclude the project without refunds.

Service Timelines
Troubleshooting services may range from 2 to 60 days. You agree to honor payment terms if The North Elm Retail is actively working on your request.

Termination
Both parties may mutually terminate project work. Payments are final, with no refunds unless agreed upon by both parties. The North Elm Retail reserves the right to refund projects fully or partially at its discretion.

Non-Refundable Services

• Reinstatement Orders: Non-refundable once an appeal is filed. If no appeal is filed within 90 days and the project is unsuccessful, a full refund will be granted.

• Creative Orders: Includes a maximum of 3 revision requests. Additional revisions cost $300 per request.

Communication Policy
Website orders do not include phone or verbal communication. Calls, if required, will incur additional charges billed at $400 per hour.

Coaching Calls
Must be scheduled within 3 months of purchase. Unused time expires after 12 months.

Warranty Disclaimer
The North Elm Retail provides services based on industry best practices and evolving platform policies. However, services are iterative and subject to changes. All warranties, expressed or implied, are disclaimed.

Non-Solicitation Clause
During the service term and 1 year thereafter, clients agree not to solicit employees or contractors of The North Elm Retail. Breaching this clause incurs a hire fee of the greater of the individual’s annual salary or $10,000.

SOP Licensing Terms

• Fees: Access to The North Elm Retail SOP Library is offered through a yearly subscription fee (auto-renews annually) or a one-time lifetime fee.

• Usage Rights: The North Elm Retail retains all ownership of SOP content. You are granted a non-exclusive, non-commercial, and revocable license for personal or internal business use.

Feedback
Any feedback provided may be used to improve services, with no obligation to compensate the client.

18. Changes to Terms and Conditions

The North Elm Retail reserves the right to modify these Terms at any time. Material changes will include a 30-day notice. Continued use of services indicates acceptance of revised terms.

19. Contact Us

For questions regarding these Terms, please contact us:

📧 info@thenorthelmretail.com
📞 +1(414) 275-2587
🏢 2447 N 62nd Street, Milwaukee, WI 53213