Terms of Use
Element Consultants, LLC
Effective Date: June 9, 2025
1. AGREEMENT OVERVIEW
This Terms of Use Agreement (“Agreement”) governs your access to and use of www.element-consultants.com (the “Site”), operated by Element Consultants, LLC (“Element Consultants,” “we,” or “us”). By using the Site, you agree to comply with these Terms and all applicable federal laws and regulations. This Agreement supersedes all prior versions and is binding for all users, including federal agencies and contractors.
2. SITE PURPOSE & FEDERAL COMPLIANCE
The Site serves as a professional platform for:
- Showcasing Element Consultants’ IT modernization expertise to federal clients and prospective partners.
- Disseminating technical resources, whitepapers, and compliance documentation relevant to federal contracting.
- Facilitating secure communication with authorized business contacts.
Prohibited Uses:
- Consumer-oriented activities (e.g., e-commerce, public forums).
- Unauthorized access to federal contract information or proprietary systems.
- Activities violating the Federal Acquisition Regulation (FAR), Cybersecurity Maturity Model Certification (CMMC), or other federal standards.
3. PRIVACY & DATA PROTECTION
Your use of the Site is subject to our Privacy Policy, which complies with:
- FAR 52.204-21 (Basic Safeguarding of Covered Contractor Information Systems).
- NIST SP 800-171 (Protecting Controlled Unclassified Information).
- The Privacy Act of 1974 for federal contract-related data.
Key Provisions:
- Data Minimization: We collect only business contact information (e.g., name, agency, professional email) necessary for federal contract pursuits.
- No Third-Party Marketing: We do not share data with third parties for commercial purposes. Exceptions include federal reporting obligations or subcontractors bound by equivalent security requirements.
4. USER ACCOUNTS & ACCESS CONTROLS
- Eligibility: Accounts are restricted to authorized representatives of businesses or federal entities. By creating an account, you warrant you are acting in a professional capacity.
- Security Requirements: Users must implement multi-factor authentication (MFA) and report suspicious activity immediately to privacy@element-consultants.com.
- Termination: We reserve the right to suspend accounts for non-compliance with federal cybersecurity protocols or unauthorized data scraping.
5. INTELLECTUAL PROPERTY & RESTRICTIONS
- Ownership: All content, including whitepapers, case studies, and technical documentation, is proprietary to Element Consultants or its federal clients. Use is permitted only for internal business purposes.
- Restrictions:
- Reverse engineering, scraping, or unauthorized redistribution of Site content is prohibited.
- Federal contract deliverables (e.g., software, reports) are subject to government data rights under FAR 52.227-14.
6. THIRD-PARTY LINKS & INTEGRATIONS
- Linked Sites: Links to federal portals (e.g., SAM.gov, FedRAMP) are provided for convenience. We do not endorse third-party content.
- API Use: Automated access to the Site via APIs requires prior written approval and adherence to rate-limiting policies.
7. DISCLAIMERS & LIABILITY LIMITATIONS
- No Warranties: The Site is provided “as is.” We disclaim implied warranties (e.g., merchantability, fitness for federal contracts) to the fullest extent permitted by law.
- Liability Cap: Element Consultants is not liable for indirect, incidental, or consequential damages arising from Site use, except where prohibited by the Federal Tort Claims Act.
- Federal Contractor Exclusions: Liability limitations do not apply to breaches of FAR-mandated safeguarding requirements.
8. INDEMNIFICATION
You agree to indemnify Element Consultants against claims arising from:
- Unauthorized disclosure of Federal Contract Information (FCI).
- Violations of the Defend Trade Secrets Act (18 U.S.C. § 1836) or other federal laws.
- Misuse of government-furnished property or data.
9. DISPUTE RESOLUTION
- Governing Law: Disputes are governed by federal law and resolved in the U.S. Court of Federal Claims.
- Arbitration: Claims not resolved informally will be arbitrated under the American Arbitration Association’s Commercial Rules, with proceedings held in Decatur, Georgia. Class actions are waived.
10. FEDERAL CONTRACTOR-SPECIFIC PROVISIONS
- Political Contributions: Users acknowledge compliance with 52 U.S.C. § 30121, prohibiting federal contractors from making political contributions during contract negotiations or performance.
- Export Controls: Use of the Site outside the U.S. must comply with the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR).
11. TERMINATION & ENFORCEMENT
- Element Consultants may suspend access for violations of FAR clauses, failure to patch vulnerabilities, or unauthorized data exports.
- Surviving clauses (e.g., Privacy, Indemnification) remain effective post-termination.
12. AMENDMENTS & NOTICES
- Site banners will be utilized to remind users to maintain familiarity with our Terms of Use. We reserve the right to make material changes to our Terms of Use without notice. Continued use constitutes acceptance.
- Contact the Privacy Officer at info@element-consultants.com for compliance inquiries.
ACKNOWLEDGMENT
By using the Site, you confirm:
1. You are an authorized business or government representative.
2. You have reviewed and comply with FAR 52.204-21[10] and NIST SP 800-171.
3. You accept liability for unauthorized account use.
Element Consultants, LLC
Effective Date: June 9, 2025