TERMS AND CONDITIONS OF USE

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING ELESA.COM (“WEBSITE”). THESE TERMS AND CONDITIONS OF USE AND THE REFERENCED PRIVACY POLICY CONSTITUTE THE “AGREEMENT” BETWEEN YOU (“YOU”, “USER” OR “REGISTERED USER”) AND ELESA USA CORPORATION (“THE COMPANY” OR ELESA). BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.


DISPUTE NOTICE: THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES WITH ELESA WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.


You should review this Agreement each time you access the Website. Elesa reserves the right to modify this Agreement at any time. By continuing to access the website, you acknowledge that you will be bound by the Agreement. If you do not agree with this Agreement, do not use the website.


1. REGISTRATION AND PRIVACY


1.1 To create an account and use Elesa, you must be at least 18 years old. By using the Website, you are forming a binding contract with Elesa and must have the ability to read, understand and accept this Agreement, our Privacy Policy and Terms and Conditions of Online Sales.


1.2 Creation of a MyElesa account and use of other features of the Website, will require personal data of users. For a detailed description of our information gathering and dissemination practices, we encourage you to read our Privacy Policy closely because by using Elesa, you agree that Elesa can collect, use, and share your information consistent with that policy.


1.3. Following the registration of the required data in the above form, the user will receive a verification e- mail and, by clicking on the link contained in it, can complete the registration process and access the summary of the MyElesa account (hereinafter, "Registered User").


1.4 Authentication for the Website is done online using a username and password chosen by the Registered User. The Registered User can modify the password or create/request a new one in the case of loss, following the procedures indicated in the login section of the Website.


1.5 The Registered User can at any time request the cancellation/deactivation of their MyElesa account, it being understood that this will result in the impossibility of accessing the services of the Website that are available after registration.


2. PURCHASE OF PRODUCTS OR GOODS


If the User purchases products from the Website, our Terms and Conditions For Online Sales, which is incorporated herein by reference, will apply to the sales.


3. AVAILABILITY OF THE WEBSITE


3.1 The Company does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. The Company shall not be liable for the malfunctioning of the Website, delays, suspension and/or interruption in the provision of services of the Website that are available after registration caused by but not limited to: congestion, delays and/or overload of the systems or the processors that manage traffic; tampering or unlawful intervention by third parties with the services or equipment used by the Website or with the connection equipment within to the user’s availability; force majeure or unforeseeable events, as an example but not limited to the same, fire, explosions, earthquakes, pandemics, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes and any other unforeseeable and exceptional cause that prevents the service from being provided. In such exceptional cases, the Company will make every effort so that the above services are restored as quickly as possible.


3.2 Without prejudice to what is set forth above, the Company also reserves the right to modify, suspend or discontinue access to the services of the Website available after registration, impose limits on specific characteristics and/or features, restrict access to all or part of it, without advance notice or liability, at any time and at its exclusive discretion. Access to the Website can be suspended or discontinued for maintenance purposes, at the Company’s sole discretion, which will strive to restore access and the use of the above services in the shortest time possible to reduce to the minimum the risk of inconveniences of any kind, without this resulting in any liability on its behalf.


3.3 If the user experiences any problems using the services, he can contact the Company at the address: elesainfo@elesausa.com. The Company will strive to respond as soon as possible, however it cannot guarantee a response within a predetermined time.


4. ACCOUNT SECURITY AND WARRANTIES OF THE REGISTERED USER


4.1 User is responsible for ensuring that all persons who access the Website through its internet connection are aware of these Terms and Conditions and other applicable terms, and that they comply with them.


4.2 The Registered User warrants that the data provided during the registration phase are correct and accurate, and the Registered User shall notify the Company of any changes to the information provided at registration. The Registered User acknowledges that the failure to provide accurate and correct registration data will prevent recovery of the password or the cancellation of the account.


4.3 In order to ensure the security of your MyElesa account, the Registered User undertakes:


  • to use the services provided by the Website in conformity with applicable law, respecting the rights of the Company, and complying with these Terms and Conditions and any technical instructions that the Company may provide;
  • not to create more than one MyElesa personal account or a second account without authorization from the Company, even if the original account is disabled;
  • to ensure that the services are used only by parties authorized by, undertaking all responsibility in such regard;
  • to keep and use any credentials that may be assigned for access to the Website with the utmost confidentiality and diligence, not disclosing, directly or indirectly, the password and/or login, thereby preventing them from being used improperly or wrongfully and, in any case, remaining responsible for their use, acknowledging that knowledge by third parties of such authentication credentials might allow the latter wrongful use of the Registered User’s account, who undertakes all related responsibility;
  • to promptly notify the Company of any unauthorized use of the password/s and/or login to the Website and any other improper or wrongful use of which they may become aware, for example but not limited to the same, in the case of theft, loss or being misplaced;
  • not to engage in any action that could compromise the security of the systems and/or equipment to which they have access through the Website;
  • not to use the MyElesa account to obtain commercial profits;
  • not to decipher, disassemble, decompile, decode or otherwise attempt to extract secret and/or confidential codes, algorithms or ideas of any part of the Website, modify, translate or create derivative works from any part of it;
  • to ensure that their contact information is always correct and up to date.

4.4 User acknowledges and agrees that the Website may allow connection to other Internet sites or resources and that other sites and resources might contain links to the Website. Such websites and/or the products and services associated with them are not under the control of the Company and the User acknowledges that the Company is not responsible for the content, accuracy, features, opportunity, legality or any other aspect of such sites or resources.


4.5 The insertion of any link on the Website does not imply any relationship of association, profit sharing, collaboration, or partnership with their operators, nor any type of recognition by the Company.


5. SUSPENSION AND CANCELLATION OF THE MyElesa ACCOUNT


5.1 Without prejudice to its right to the compensation of damages, the Company can refuse, block, suspend and/or cancel the account of a Registered User, at any time, at its discretion and with immediate effect, even without advance notice, for any reason, including but not limited to:


  • irregularities in the registration, including after reporting;
  • breach of even one of the obligations set forth in these Terms and Conditions;
  • improper or prohibited use of the Website in accordance with these Terms and Conditions;
  • order of a competent judicial or governmental authority.

5.2 No failure or delay by the Company to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.


6. INTELLECTUAL PROPERTY RIGHTS


6.1 The Website and all of its contents, including, but not limited to, product designs (including any and all collateral material relating thereto) and brand, product and collection names, are protected by patent, copyright laws and/or trademarks or other laws. Elesa owns all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with Elesa. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.


6.2 No part of the website or its contents may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of Elesa or as otherwise identified herein.


6.3 Without prejudice to what is set forth above, the Company grants the User a non-exclusive, non-transferable license to reproduce and download the technical drawings of the products that the Company makes available on the Website for the sole purposes of the User’s internal, non-commercial use functional to using the products, and is prohibited from redrawing them and/or making any disclosure, using any means, and/or from any commercial form of exploitation and/or use. User must not modify copies of any technical drawings in any way and must not use any illustrations or any graphics separately from any accompanying text. The Company’s status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.


6.4 User must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from the Company. If User prints, copies or downloads any part of the Website in breach of these Terms and Conditions, User’s right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


7. THE COMPANY IS NOT RESPONSIBLE FOR VIRUSES


7.1 The Company does not guarantee that the Website will be secure or free from bugs or viruses.


7.2 User is responsible for configuring its information technology, computer programmes and platform to access the Website. User shall use its own virus protection software.


7.3 User must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. User must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. User must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. The Company will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Website will cease immediately.


8. RULES ABOUT LINKING TO THE WEBSITE


8.1 User must not link to this Website, without obtaining the prior written consent of the Company. If permission is granted by the Company, User must not:


  • establish a link in such a way as to suggest any form of association, approval or endorsement; or
  • establish a link to the Website in any website that is not owned by User.

8.2 The Company reserves the right to withdraw linking permission without notice.


9. DISCLAIMER OF WARRANTIES


You expressly agree that access to and use of the website is at your sole risk. the website IS provided on an “as is” and an “as available” basis. Elesa does not make, and hereby disclaims, any representations or warranties, express, implied, or statutory, regarding the website, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE and any warranties arising by course of dealing or custom of trade. Elesa makes no representation or warranty that any material, content, products, or services displayed on or offered THROUGH THE website is accurate, complete, appropriate, reliable, timely, OPERATIONAL, ERROR FREE, SECURE, SAFE, OR THAT THE WEBSITE WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.


10. LIMITATION OF LIABILITY


To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall Elesa (including any of its partners, AFFILIATES, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers) be liable to you (including any of your partners, officers, employees, agents, contractors, successors, HEIRS or assignees) for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, negligence, intended conduct, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), including, without limitation, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE, FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, any damages associated with the loss of your personal information OR ANY OTHER DAMAGE or economic loss YOU MAY INCUR ensuing from or in connectiON with (a) THE WEBSITE; OR (B) YOUR SUBMISSION OF PERSONAL OR OTHER INFORMATION THROUGH THE WEBSITE, even if Elesa or any of its affiliates HAVE been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.


Despite the foregoing limitation of liability for damages, if a tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall be LIMITED TO A MAXIMUM AMOUNT OF $100.


THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF ELESA WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


11. INDEMNIFICATION


You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Elesa, including its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Website; (b) your breach of this Agreement; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim. We will provide you with timely notice of any such claim, suit or proceeding.


12. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER


PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.


Waiver of Jury Trial. ELESA AND YOU EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include but not limited to those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. Elesa and you agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.


Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.


Required Use of AAA. You agree that the arbitration will be administered by the American Arbitration Association (AAA) under its Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.


Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms and Conditions of Use; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:


Elesa USA Corporation
1930 Case Parkway N.
Twinsburg, Ohio 44087
elesainfo@elesausa.com


You must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our agreement to arbitrate.


Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and Elesa agree and consent that such disputes will be resolved in the federal or state courts in Ohio and that agree to submit to personal jurisdiction and venue of the federal and state courts located in Ohio.


Time Limit to Start Arbitration. We and you agree that for any dispute (except intellectual property disputes) must commence an arbitration proceeding within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the dispute first arose, the arbitration will be dismissed as untimely.


Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Elesa.


13. AVAILABILITY AND TERMINATION OF ELESA


The Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Elesa may discontinue some or all of our services at any time and events beyond our control may affect our services.


Elesa may modify, suspend, or terminate your access to or use of the website anytime for any reason, such as if you violate our Agreement or create harm, risk, or possible legal exposure for us, our users, or others.


14. GENERAL


Modifications


At any time and at Elesa’s sole discretion, we may add, delete, or modify this Agreement or the Website. We will provide you notice of amendments to this Agreement, as appropriate by amending the “Last Modified” date at the top of this Agreement. Your continued use of Elesa confirms your acceptance of our Agreement, as amended. If you do not agree to our Agreement, as amended, you must stop using the Website. Please review our Agreement from time to time. All changes to the Agreement shall be effective immediately.


Miscellaneous


This Agreement, which includes our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and us. If any part of this Agreement are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.


Elesa’s failure or delay to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.


All of our rights and obligations under our Agreement are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You will not transfer any of your rights or obligations under our Agreement to anyone else without our prior written consent.


Contacting Us


If you have any questions about this Agreement, please contact us at: 


Elesa USA Corporation
1930 Case Parkway N.
Twinsburg, Ohio 44087
elesainfo@elesausa.com


Although Elesa will in most circumstances be able to receive your e-mail or other information provided, Elesa does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information.