Terms & Conditions
PLEASE READ CAREFULLY!
We may update this Web Site at any time. While we endeavor to keep this Web Site’s descriptions of our products and related services up to date, you should verify this information with your local dealer. To locate your closest dealer, visit www.etec.nl and click on dealer locator.
Scope of Use
We invite you to view, use and download small portions of the product descriptions, other data, text, graphics, software, audio and video files and photos on this Web Site (“Content”) for your informational, non-commercial use, provided that you leave all the copyright, trademark and other proprietary notices intact. You shall not modify, display or distribute this Web Site or any portion thereof without our written permission.
Rules of Conduct
(a) use this Web Site for illegal purposes or in violation of any applicable laws or regulations;
(b) upload, post, e-mail or distribute any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, post, e-mail or distribute the proprietary information of another (whether protected by copyright, trademark, trade secret, right of publicity or other proprietary right) without the express permission of the owner of such right; any person who has been found repeatedly to violate the intellectual property rights of others shall be barred from accessing or using this Web Site;
(d) copy, sell, resell or exploit for commercial purposes, any portion of this Web Site, provided that you may use items of Content in accordance with the Scope of Use section above;
(e) upload, post, e-mail or distribute any Content that is unlawful, deceptive, misleading, false, counterfeit, stolen, threatening, harassing, abusive, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another;
(f) intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to withhold or cloak a user’s identity or contact information;
(g) upload, post, e-mail or distribute any Content that contains software viruses, trap doors, hot keys, time bombs or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site;
(i) use any robot, spider, other automatic device, or manual process to monitor or copy any Web Site pages or any Content without our prior express written permission;
(j) take any action that imposes an unreasonable or disproportionately large load on our infrastructure as determined by us in our sole discretion;
(k) send unsolicited commercial messages or communications in any form (spam);
(l) decompile, disassemble, reverse engineer or otherwise attempt to discover the source code or trade secrets of this Web Site; or
(m) assist or permit any persons in engaging in any of the activities described above.
Each user of this Web Site, including you,
(a) is responsible for the Content that he or she creates and submits to this Web Site, and the consequences of its use or submission;
(c) is responsible for ensuring that all Content the user transmits to this Web Site is accurate, truthful, up-to-date and complete.
By submitting Content to this Web Site (such as feedback), you grant to us a perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute and transmit such Content for any purpose, and waive any moral rights and publicity rights in such Content.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE APPLICABLE PURCHASE AGREEMENT, IF ANY, THIS WEB SITE AND ALL CONTENT, PARTS, OTHER PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE (COLLECTIVELY, “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEMS INTEGRATION OR QUIET ENJOYMENT. ELM AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THIS WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING INFORMATION BEFORE RELYING ON IT. USE OF THE MATERIALS IS AT YOUR SOLE RISK.
ELM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND OTHER POTENTIALLY HARMFUL DEVICES.
Limitation of Liability
ELM AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OBTAINED THROUGH THE USE OF THIS WEB SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON SUCH MATERIALS; LOST DATA; OR DELAYS, BREAKDOWNS OR INTERRUPTIONS IN YOUR USE OF THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, DELAYS, BREAKDOWNS OR INTERRUPTIONS DUE TO PROBLEMS WITH PHONE LINES OR MODEMS, ACTS OF GOD, FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE SERVICE, OR THEFT OR UNAUTHORIZED ACCESS TO THE MATERIALS).
The "ELM®" trademark and logo are registered trademarks of ELM Company. Unauthorized use of any ELM trademarks, service marks or logos may be a violation of applicable trademark laws.
ELM and/or its licensors own all intellectual property rights in this Web Site. This Web Site is protected by applicable copyright laws. Except as expressly described in the “Scope of Use” section above, you may not modify, reproduce, perform or display (a) the content on this Web Site; (b) the design or layout of this Web Site, or individual sections of the design or layout of this Web Site; or (c) ELM trademarks, service marks or logos without our written permission.
Please see this Web Site for our additional policies, including, without limitation, our procedures relating to Copyright Infringement all of which are incorporated herein by reference.
This Web Site may contain links to web sites operated by other parties. The linked sites are not under the control of ELM, and ELM is not responsible for the content available on any other Internet sites linked to this Web Site. Such links do not imply ELM's endorsement of material on any other site, and ELM disclaims all liability with regard to your access to such linked sites. ELM provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Web Site is at your own risk.
Unless otherwise set forth in a written agreement between you and ELM, you may link your web site to the home page of our Web Site, provided that you adhere to the following linking policy:
(i) any link to ELM's Web Site must be a text only link and clearly marked “ELM Web Site,”
(ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ELM's name and trademarks,
(iii) the link must “point” to the URL www.etec.nl and not to other pages within the ELM Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ELM ,
(v) when selected by a user, the link must display the ELM Web Site on full-screen and not within a “frame” on the linking site, and (vi) ELM reserves the right to revoke its consent to the link at any time and in its sole discretion."
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Notwithstanding anything to the contrary in the foregoing, ELM may obtain from a court any interim or provisional relief that may be necessary to protect ELM’s rights or property.