Terms of Service

Last Updated: September 2026

These Terms of Service ("Terms") govern the purchase and use of products and related materials provided by Elemental Hardware, Inc., doing business as Elemental Hardware Enrichment ("EHDW," "we," "us," or "our").

EHDW products are designed and sold exclusively for educational use. By purchasing EHDW products, submitting or approving a purchase order, or otherwise using our products or related materials, the purchaser agrees to these Terms.

1. Educational Use

EHDW designs hands-on educational products that introduce students to practical skills, trades, sciences, applied arts, design, engineering, and related career pathways.

EHDW products are intended for use in educational settings, including schools, charter schools, homeschool programs, enrichment programs, after-school programs, camps, community-based educational organizations, and other supervised learning environments.

EHDW products are not sold or intended for general consumer, commercial, industrial, or professional use.

Purchasers are responsible for using EHDW products for appropriate educational purposes and in accordance with the applicable product instructions and safety guidance.

2. Authority to Purchase

By placing or approving an order, the purchaser represents that they are authorized to make the purchase on behalf of the applicable school, charter school, educational program, organization, or other educational entity.

If an individual purchases EHDW products on behalf of or for use through an educational program, that individual is responsible for ensuring that the purchase and intended use comply with the requirements of the applicable program or organization.

3. Product Information

EHDW makes reasonable efforts to accurately describe its products, including product contents, intended grade levels, tools or supplies required, skills addressed, educational objectives, photographs, and other relevant information.

Recommended grade levels are intended to help educators select developmentally appropriate projects. Educators and program operators remain responsible for determining whether a particular project is appropriate for their students based on student abilities, instructional environment, available supervision, and other relevant considerations.

Because EHDW continually evaluates and improves its products, materials, components, packaging, dimensions, colors, manufacturing processes, or other product details may change from time to time without materially changing the intended educational experience or function of the product.

4. Orders & Acceptance

Customers are responsible for reviewing and confirming product selections, quantities, shipping information, and other order details before submitting or approving an order.

Submission of an order or purchase order does not constitute acceptance by EHDW. EHDW may decline or cancel an order before fulfillment due to product availability, pricing or listing errors, payment issues, shipping limitations, or other reasonable business considerations.

If EHDW cancels an order after collecting payment and before fulfillment, EHDW will refund the amount paid for the cancelled portion of the order.

5. Pricing & Payment

Prices are stated in U.S. dollars unless otherwise indicated.

Applicable shipping, handling, taxes, and other charges may be added to the purchase price.

For purchases made pursuant to an EHDW quote, invoice, purchase order, proposal, or written agreement, the pricing and payment terms stated in the applicable EHDW documentation will apply.

EHDW reserves the right to correct pricing, typographical, or calculation errors before an order is fulfilled.

6. Purchase Orders & Institutional Purchasing

EHDW may accept purchase orders, invoicing arrangements, or other approved purchasing methods from schools, charter schools, districts, educational organizations, and other institutional customers.

Terms included on a customer-issued purchase order or other purchasing document do not modify or supersede these Terms or other EHDW terms unless EHDW expressly agrees to the modification in writing.

If EHDW and a customer enter into a separate written agreement that expressly conflicts with these Terms, the executed written agreement will control with respect to the conflicting provision.

7. Final Sale & Replacement Components

All EHDW sales are final. Items are not returnable or exchangeable, and EHDW does not provide refunds for purchases except where required by applicable law or expressly agreed to by EHDW in writing.

If a product arrives with missing, damaged, defective, or incorrect components, EHDW will work with the customer to resolve the issue in accordance with our Product Sales & Replacement Policy.

When appropriate, EHDW will provide replacement components rather than replacing or refunding an entire project kit.

8. Shipping & Delivery

Orders are shipped in accordance with EHDW's Shipping & Delivery Policy.

Shipping and delivery dates are estimates unless EHDW expressly guarantees a date in writing.

Customers are responsible for providing complete and accurate delivery information and ensuring that their location can appropriately receive the shipment.

9. Educational Implementation & Supervision

EHDW products are hands-on instructional materials. Depending on the product, activities may involve tools, hardware, wooden components, electrical components, fasteners, adhesives, or other materials.

The purchasing school, program, organization, educator, or other responsible educational provider is responsible for providing appropriate instruction and supervision during use of EHDW products.

Educational providers are responsible for:

• Reviewing instructions and safety guidance before implementation;

• Providing an appropriate level of adult supervision;

• Determining whether materials, tools, and activities are appropriate for participating students;

• Providing a safe and appropriate instructional environment;

• Ensuring tools and equipment are used appropriately; and

• Following applicable school, program, facility, and organizational safety requirements.

EHDW's recommended grade levels, instructional materials, and safety guidance support implementation but do not replace the professional judgment or supervisory responsibilities of educators and program operators.

10. Assembly & Product Use

EHDW products should be assembled and used in accordance with the instructions and safety guidance provided for the applicable project.

EHDW is not responsible for product damage resulting from improper assembly, misuse, unauthorized modification, failure to follow provided instructions, or use of inappropriate tools or materials.

Items and their components are intended for the educational activities for which they were designed and should not be used for unrelated commercial, industrial, structural, or professional applications.

11. Educational Outcomes

EHDW designs its products to provide meaningful hands-on learning experiences and exposure to practical skills and career pathways.

Individual student outcomes may vary based on instructional implementation, student participation, learning environment, supervision, and other factors.

EHDW does not guarantee a particular academic result, skill level, credential, certification, career outcome, or other individual student outcome from participation in an EHDW educational experience.

12. Intellectual Property & Educational Use

EHDW products and programs may include proprietary designs, assembly instructions, lesson materials, instructional videos, illustrations, photographs, graphics, curriculum, activities, and other educational content.

Purchase of EHDW products provides the customer with the right to use the accompanying materials for the educational implementation associated with the products purchased.

Schools and educators may reproduce materials expressly provided for classroom or student use as reasonably necessary to implement the applicable EHDW product with participating students.

Unless otherwise authorized by EHDW, EHDW materials may not be:

• Resold or commercially distributed;

• Published or made publicly available;

• Used to manufacture or reproduce EHDW products for resale or distribution;

• Modified and represented as official EHDW materials; or

• Represented as the intellectual property of another person or organization.

Purchase of an EHDW product does not transfer ownership of EHDW intellectual property.

13. Third-Party Tools & Materials

Some EHDW projects may require or recommend tools, supplies, equipment, or materials manufactured by third parties.

Third-party products remain subject to the applicable manufacturer's instructions, safety requirements, and warranties.

Educational providers are responsible for ensuring that third-party tools and equipment used during instruction are appropriate for their students and instructional environment.

14. Disclaimer of Warranties

To the extent permitted by applicable law, EHDW products and related materials are provided on an "as available" basis.

Nothing in these Terms excludes any warranty, right, or remedy that cannot legally be excluded or limited.

15. Limitation of Liability

To the fullest extent permitted by applicable law, EHDW will not be liable for indirect, incidental, special, consequential, or punitive damages arising from the purchase or use of EHDW products or services.

To the fullest extent permitted by applicable law, EHDW's aggregate liability arising from a product purchase will not exceed the amount paid to EHDW for the product giving rise to the claim.

Nothing in these Terms is intended to limit or exclude liability that cannot legally be limited or excluded.

16. Events Outside Our Control

EHDW will not be responsible for delays or failure to perform resulting from circumstances outside our reasonable control, including natural disasters, severe weather, transportation disruptions, carrier delays, labor disruptions, governmental actions, supply shortages, utility or technology failures, or similar events.

17. Changes to These Terms

EHDW may update these Terms periodically. Updated Terms will become effective when posted or otherwise communicated.

The Terms in effect at the time an order is placed will generally govern that purchase unless otherwise required by law or agreed to in writing.

18. Governing Law & Venue

These Terms and any dispute arising out of or relating to these Terms or the purchase or use of EHDW products will be governed by the laws of the State of California, without regard to its conflict-of-law principles, except where applicable law requires otherwise.

To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms or the purchase or use of EHDW products must be brought exclusively in the state courts located in Ventura County, California, or the federal court having jurisdiction over Ventura County, California, and each party consents to the personal jurisdiction and venue of such courts.

19. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

20. Entire Agreement

These Terms, together with EHDW's Product Sales & Replacement Policy, Shipping & Delivery Policy, and any applicable EHDW quote, proposal, invoice, or executed written agreement, constitute the terms applicable to the customer's purchase.

Where an executed written agreement between EHDW and a customer expressly conflicts with these Terms, the executed written agreement will control with respect to that conflict.

21. Contact Us

Questions regarding these Terms, an order, or an EHDW product may be directed to Elemental Hardware, Inc., doing business as Elemental Hardware Enrichment, through the contact information provided on our website.