I. Scope of application
elementar.com and portal.elementar.com (the “websites“) are an offer from Elementar Americas, Inc., 119 Comac Street, Ronkonkoma, NY 11779 (“EAI”). The following terms regulate the internet offers available on the websites and are effective as of May 1, 2021.
In all other respects, unless directly amended or expressly excluded in these Terms, the statutory provisions shall apply.
II. Content of the Websites
EAI provides information about the company, its products and services free of charge on its Websites. In addition, EAI enables registered Users of the Websites to purchase products via the Customer Portal, to register to receive the Newsletter and to attend EAI webinars and events.
EAI grants you a limited, non-exclusive, non-transferable and fully revocable license to access and use of EAI’s website, customer portal and/or newsletter (collectively hereinafter referred to as “EAI’s Property”). Users are subject to these Terms and may only access EAI’s Property for legitimate commercial, business purposes. Any other use or purpose is strictly prohibited. Access of EAI’s Property by any minor is strictly prohibited.
EAI is entitled to change, restrict or completely discontinue EAI's Property at any time at its reasonable discretion.
III. Use of the internet offers
The internet offers made available on the websites may only be used in the manner intended by EAI. The User is not authorized to:
- use the contents of the websites for commercial or professional purposes without the consent of EAI, unless the use is expressly authorized to do so by EAI or such use already results from the purpose of the offer of the contents;
- to bypass, disable or otherwise interfere with any functions (e.g. search masks) of the websites, in particular to take any measures that could place an excessive load on the infrastructure of the websites;
- to block, overwrite or modify any content generated by EAI; and
- use any content for any other purpose than a legitimate business purpose.
The information required for the use of the internet offers is to be provided by the User correctly and completely. EAI will not process incomplete or incorrectly completed forms.
In the event of intentional infringements of the prohibitions according to these Terms, EAI reserves the right to exclude the User from the use of EAI’s Property and to claim compensation for any damage incurred.
IV. Registration for internet offers
The User can register for the following offers:
B. Newsletter: Registration for the newsletter takes place either within the course of registration for the Customer Portal by selecting the "yes" box under the heading "Newsletter Registration" or separately on the Customer Portal via the input box provided for this purpose. The separate registration requires the indication of the e-mail address, the confirmation by clicking on the "Subscribe to newsletter” button as well as the verification of the indicated e-mail address by confirming the subscription to the newsletter via the activation link sent during registration.
C. Webinars: Registration for webinars takes place by selecting a webinar offer on one of the websites, clicking on the link "Please follow this link to register for the webinar", indicating the meeting number, clicking on the "Join" button, entering the mandatory personal details in the linked mask and clicking on the "Register Now" button.
The User can correct his details before completing the respective registration process.
The activation of the customer account or individual functions and information (e.g. User configurations or discounts) may take some time. EAI endeavors to activate customer accounts as quickly as possible. There is no claim for activation of the customer account at a certain time.
EAI will inform the User by e-mail about the registration and the activation of the account and, if necessary, provide further information (e.g. on the newsletter or webinar).
EAI will not store the contract text in a form accessible to the User.
The User is obliged to protect the user name and password against unauthorized access by third parties. The password must be chosen in such a way that it complies with the User's usual security standards. It must contain at least one special character, one upper and one lower case letter as well as a number. The password must consist of at least eight characters.
V. Proper Use by Users
Permission to use EAI’s Property is contingent on your compliance with all applicable laws, in addition to the following rules:
A. You will not engage in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the EAI’s Property or exposes or may expose any users or visitors to the EAI’s Property to any harm or liability of any sort, whether by posting User Content or otherwise, including by (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any posting that you submit; (ii) threatening, stalking, harming, or harassing others, or promoting bigotry or discrimination; (iii) discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (iv) engaging in any unlawful, tortious, threatening, defamatory, libelous, obscene, violent, harmful, abusive or disruptive behavior; or (v) violating, infringing or invading anyone else’s rights, including posting any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to EAI. You agree that any report you make will not obligate EAI to take any action (beyond that required by law, if any).
B. You will not download, display, or use any EAI’s Property: (i) for use in any publications, in public performances, or on websites or applications without written consent from EAI; (ii) for any unpermitted commercial purpose; (iii) in connection with products or services that are not those of EAI; or (iv) in any other manner that is likely to cause confusion, that disparages or discredits EAI and/or its licensors, or that dilutes the strength of EAI’s or its licensor's intellectual property, or that otherwise violates, infringes or misappropriates EAI’s or its licensors’ intellectual property rights or proprietary rights or (v) constitutes any other misuse of EAI’s Property.
C. When using the EAI’s Property, you will not: (i) use any electronic communication feature of the EAI’s Property for any purpose that is unlawful, tortious, abusive, intrusive on
another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) retrieve, index, scrape, data mine or otherwise gather any EAI’s Property, or other data, content or materials (including through use of any robot, spider, screen scraping, web harvesting, data extraction, or similar software or technologies). In addition, you will comply with EAI’s robots.txt file, if any; (iii) reproduce or circumvent the navigational structure or presentation of EAI’s Property; (iv) upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (v) collect or store personal information about other users; (vi) use the EAI’s Property for any commercial transactions that are unrelated to the purposes for which the EAI Property was provided; (v) upload, post, email, or otherwise transmit any advertising or promotional materials, spam or any other form of solicitation or unauthorized communication, either directly through the EAI’s Property (including through its interactive features) or to users through communication channels outside of the EAI’s Property, or otherwise contact another user through the EAI’s Property or unsolicited outside of the EAI’s Property for any purpose; and (vii) upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality or operation of the EAI’s Property, any feature of the EAI’s Property, or any computer software or hardware or telecommunications equipment.
Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you have in User Content, except that you irrevocably waive, and cause to be waived, against EAI, our affiliates and other users, any claims and assertions of moral rights or attribution with respect to User Content.
As between you and EAI, we own the EAI’s Property, and the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with EAI and the EAI’s Property, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. Except as expressly provided in the Agreement, we do not grant you any express or implied rights in the EAI’s Property including but not limited to, all texts, graphic representations and other contents of the Websites, newsletter, customer portal and/or webinar. You understand and agree that you have no ownership rights in the User Account or any other account you may have with EAI or other access to the EAI Property or features therein.
PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS EAI’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE EAI’S PROPERTY INCLUDING BUT LIMITED TO, THE CONTENT, USER’S CONTENT, OR ANY OTHER FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE EAI’S PROPERTY. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
EAI’s Property, including its content, information, specifications and/or other information is for illustrative purposes only. EAI makes no representations about the reliability of the features or functions of EAI’s property, including but not limited to, the content, user content, or any other feature or function, and disclaims all liability in the event of any service failure.
You acknowledge that any reliance on such content, material or systems will be at your own risk. EAI makes no representations regarding the amount of time that any content or user content will be preserved. EAI does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any user content. You acknowledge and agree that any use or reliance on any user content will be at your own risk and you are solely responsible for any such use or reliance. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by EAI without the prior review and written approval of EAI. You are responsible for ensuring that all products and/or services you find through EAI’s Property meet your requirements, and we will not be responsible to you for any losses you or someone else who might suffer as a result of your use of the EAI’s Property, including if you buy any products and/or services are mistakenly described and/or unsuitable for your needs. All specifications, intended use and/or dimensions of all products should be confirmed with EAI.
The EAI’s Property is provided on an “as is, as available” basis. No warranties, express or implied, including but not limited to those of merchantability, non-infringement, title, accuracy or fitness for a particular purpose, are made with respect to the EAI property or any information or technology therein. Under no circumstances, including negligence, shall EAI be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of or inability to use the EAI’s Property. EAI shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond EAI’s reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to the EAI’s property's content, information and/or specifications. Under no circumstances including, but not limited to, a negligent act, will EAI, its affiliates, agents, or employees be liable for any damage of any kind that results from the use of, or the inability to use, the Websites, whether or not a party has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you and other rights may be available.
EAI may terminate or suspend your User Account and delete all User Content associated with your User Account at any time, and without notice, if EAI deems that you have violated these Terms, the law, or for any other reason. In such event, you may not register a new User Account or access and use the EAI’s Property through a User Account of another user. EAI assumes no liability for any information removed from the EAI’s Property, and reserves the right to permanently restrict access to the EAI’s Property. The sections of this Agreement entitled “Indemnification,” “Liability,” “Third-Party,” “Ownership,” “Applicable Law and Jurisdiction”
and any other terms which by their nature survive termination shall survive the termination of this Agreement.
EAI excludes its liability - as far as legally permissible - for contents linked from one of the Websites to a third-party website (external links). If you follow such a link, you will leave the EAI website at your own risk and EAI is not responsible for the content of or privacy governing those websites. The inclusion of a link to a third-party website does not imply or constitute an endorsement or recommendation by EAI.
Links to EAI's internet offers may only be set with the prior written consent of EAI.
X. Third-Party Technology, Websites and Applications
The EAI’s Property may include third-party technology, services, software, applications, and links to third-party websites (“Technology”). EAI is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third-party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk.
To the extent applicable, your use of such third-party Technology is subject to this Agreement as well as the additional terms and conditions as EAI may provide to you from time to time.
XI. Data protection
XII. Applicable law and jurisdiction.
These Terms and all legal relationships between EAI and the User are subject to the law of the State of New Jersey regardless of where the User is accessing EAI’s Property. If you access EAI’s Property outside of the United States, you do so at your own risk and are responsible for compliance with any applicable local laws, this Agreement and/or any other applicable laws.
By using EAI’s Property, you hereby agree that any and all disputes regarding this Agreement will be subject to the courts located at (a) Superior Court of New Jersey, Mercer County or (b) the District Court of New Jersey. However, EAI is also entitled to assert its claims against the User at the general place of jurisdiction of the User.
If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
Updated: April, 2021