Terms of use for www.elementaramericas.com

I.    Scope of application

  1. elementaramericas.com is a service of Elementar Analysensysteme GmbH, Elementar-Straße 1, 63505 Langenselbold, Germany, court of registration Hanau HRB 5521 (ELEMENTAR). The following terms regulate the use of the website available at elementaramericas.com.
  2. ELEMENTAR reserves the right to modify these terms of use and to adjust them to future developments. The terms of use published at the respective time of visit apply.
  3. The General Delivery Terms of ELEMENTAR (GGT) apply to business relations with ELEMENTAR concerning consumables and devices.
  4. The statutory regulations apply unless directly modified or excluded in these terms of use.

II.     Content of the website

  1. At elementaramericas.com, ELEMENTAR offers information on the company, its products, and services, free of charge. ELEMENTAR also gives users of the website the opportunity to register for ELEMENTAR webinars and events.
  2. The information concerning applications and products that is provided on the website is not a binding offer by ELEMENTAR.
  3. ELEMENTAR is authorized to modify, limit, or completely suspend the offer of information at its own discretion at any time.

III.    Terms of use

  1. The website may be used only in the manner provided for by ELEMENTAR. The following is prohibited:

    • Using the contents of the website for commercial or professional purposes without the consent of ELEMENTAR.
    • Bypassing or overriding functions (e.g. search forms) of the website or interfering with the website of ELEMENTAR in any way, in particular taking steps that may result in an excessive load on the infrastructure of the website of ELEMENTAR,
    • Blocking, overwriting, or modifying content generated by ELEMENTAR.

  2. To register for events and webinars, the user must correctly and completely provide all necessary information. Incomplete or wrongly filled out registrations will not be processed by ELEMENTAR.
  3. In case of willful violations against the prohibitions pursuant to Clause 1, ELEMENTAR reserves the right to exclude the user from utilizing the offered services and to assert reimbursement for possibly incurred damages.

IV.    Registering for webinars, if available

  1. The user registers for the chosen webinar by selecting a webinar offer from the Internet page, clicking on the link “Please follow this link to register for the webinar”, entering the meeting number, clicking the “Join” button, providing the mandatory personal information in the linked screen, and clicking on the “Register now” button.
  2. The user can correct this information prior to registration directly in the respective fields.
  3. ELEMENTAR will confirm the registration by email. The confirmation email will contain information concerning the webinar.
  4. ELEMENTAR will not store the contract text in a form that is accessible for the user.

V.    Liability

  1. ELEMENTAR is constantly working to ensure the accuracy, completeness, and topicality of the offered information. ELEMENTAR is liable for the accuracy, completeness, and topicality of the presented information only pursuant to this section.
  2. In case of intent or gross negligence - regardless of the legal grounds - ELEMENTAR shall be liable for damages pursuant to the statutory provisions.
  3. In case of simple negligence, ELEMENTAR shall be liable only in case of a violation of a material contractual obligation, limited to reimbursement of the foreseeable, typically occurring damages. A material contractual obligation is an obligation the fulfillment of which allows the achievement of the purpose in pursuit with the conclusion of the agreement in the first place, and in the fulfillment of which the user can regularly place its trust.
  4. The liability restriction pursuant to Clause 3 does not apply to damages to life, body and health. Furthermore, it does not apply in case of fraudulent concealment or a guarantee accepted by ELEMENTAR in an exceptional case or in case of claims under the product liability act.
  5. Insofar as ELEMENTAR’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.

VI.    Links

  1. With regard to contents to which this website links (external links), Elementar excludes its liability insofar as legally permissible. When you follow such a link, you leave the information service provided by www.elementaramericas.com. The operators/providers of the websites reached in this manner are responsible for the content of those websites. The operators/providers of such websites are exclusively liable for compliance with data protection regulations with regard to the use of these websites.
  2. Links to the website available at www.elementaramericas.com may be published in a text form only with the prior consent of ELEMENTAR. The same applies to the framing of the website.

VII.    Intellectual property

All texts, graphic representations, and other content on the websites are the intellectual property of ELEMENTAR. Insofar as trademarks/logos, images, and videos of third parties are used, ELEMENTAR is authorized to use such. Without the consent of the copyright owner, it is prohibited to commercially reproduce, disseminate, make otherwise publicly accessible, or process the above elements either in full or in part.

VIII.    Data protection

Please see our privacy notice in this regard.

IX.    Applicable law, jurisdiction, language

  1. These terms of use and all legal relationships between Elementar and the user are subject exclusively to the law of the Federal Republic of Germany, excluding all international and supranational legal systems/contract laws, in particular the UN Sales Convention.

    If the user is a consumer (Section 13 German Civil Code [BGB]), the right of the state in which the user has its habitual residence applies if and insofar as the choice of German law would waive such consumer’s protection that would be granted to it based on the relevant provisions of its country of residence.

  2. The courts responsible for Langenselbold, Germany, shall have exclusive jurisdiction for all disputes between ELEMENTAR and business persons, legal entities under public law, or special purpose entities under public law arising from the use of the Internet page. ELEMENTAR is also authorized to assert its claims against the user at the user‘s general place of jurisdiction.

  3. The contractual language is German.

Status: April 2018