A. The following are the terms and conditions for use of Elio™, a division of ITC Incorporated (hereinafter referred to as “Elio”) website, with domain name, http://www.elio-itc.com (“the website”).
B. The website is owned, hosted and maintained by Elio.
C. By accessing and using the website, you (“the user”), agree to be legally bound by the terms and conditions as are set out in this notice. The user is therefore urged to familiarize his / herself with these terms and conditions prior to the usage of the website. If the user does not wish to be bound by these terms and conditions, then he / she may not access, display, use, download and/or otherwise copy or distribute any of the content of this website.
1. USER PRIVACY
1. To ensure acquaintance with and awareness of the privacy measures and polices of Elio, the user acknowledges that he / she has read and understood the underlying privacy clauses incorporated in these terms and conditions:
a.) the user may visit the website without providing any personal information.
b.) for Elio to continually assess the popularity and use of the website and improve it for the users, the website server will collect information to measure the number of visits, average time spent at the website, pages viewed,etc.
c.) Elio however assumes no obligation to protect any user’s information, and may copy, distribute or otherwise use such information without limitation.
2. USER CONDUCT
2.1 The user agrees that the use of this website will be for lawful purposes only and no modification of the material or content will be permitted.
2.2 The user agrees that he / she will not use this website for any unlawful purpose, including but not limited to:
a) commercial purposes;
b) commission of a criminal offense (including but not limited to defaming, abusing, harassing, stalking, threatening or otherwise violating any legal rights of others;)
c) transmit unlawful material; including but not limited to:
• publishing, posting, uploading, distributing or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity);
• uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
d) gain unauthorized access to other computer systems, with intention to harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
e) violate any applicable laws or regulations.
3. UPDATING OF THESE TERMS AND CONDITIONS
Elio reserves the right to, from time to time and at its own discretion, change, modify, add to or remove from portions or the whole of the terms and conditions. Changes to the terms and conditions will become effective upon such changes being posted to the website. It is thus the user’s obligation to at all times, check the terms and conditions on the website for changes or updates.
The user’s continued use of the website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by the terms and conditions, including such changes or updates.
4. LIMITATION OF LIABILITY
The user agrees to access and use this site entirely at your own risk and all content on the website is provided “as is” without any warranty or condition of any kind.
Elio makes no representations or warranties of any kind, whether express or implied:
a) as to the suitability, reliability, availability, timeliness and accuracy of content on the website;
b) that the functions provided by the website will be uninterrupted or error-free, or that the website or the server is free from viruses or other harmful components.
4.3 While Elio will take every effort to ensure that the information provided on the website is current and accurate, the user should not assume that the information on the website is always current or accurate, and other sources of this information should be consulted before making any decision to act on the information displayed on this website and the user acknowledges that he / she will not hold Elio, its parent companies, subsidiaries, affiliates, directors, employees, officials, suppliers, agents and/or representatives, under no circumstances and will keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from the user’s use of the website, and such loss or damage may include but not limited to, liable for any defamatory, offensive or illegal conduct of other users or third parties.
4.4 The user acknowledges that he / she will not hold Elio, its parent companies, subsidiaries, affiliates, directors, employees, officials, suppliers, agents and/or representatives liable for any direct, indirect, punitive, incidental, consequential
damages, or any damages whatsoever arising from the use of this website regardless of how the damages arise, which damages may include but not limited to:
a) damages for loss of data or profits, arising out of or in any way connected with the use or performance of the website, including but not limited to claim, demand, or damage, injury caused by any failure of performance or errors, omission, inaccuracy, interpretation, deletion, defect, delay in accessing material or content of the website, viruses, connection failures, theft, alteration of use, attorneys’ fees, or any other action asserted by any third party due to or arising out of your use of or conduct on the website;
b) incompleteness of material or content on the website;
c) errors, omissions or inaccuracy of material or content on the website;
d) the delay or inability to use the website or related services;
e) the provision of or failure to provide services or for any information, software,
products, services or related graphics obtained through the website; or
f) any other damages otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise even if Elio has been advised of the possibility of damages.
5. PROPRIETARY RIGHTS TO CONTENT
Elio retains copyright in the website and all current and future content that is displayed on the website which is not owned by third parties.
The user acknowledges that content, including but not limited to text, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to him / her by the website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
The user may make a copy of this content for his / her personal, non-commercial use only, provided that he / she keeps all copyright and other proprietary notices intact.
The user may not, for any commercial purpose without written prior consent of Elio, modify, copy, reproduce, duplicate, republish, resell, upload, post, transmit, or distribute in any way content available through the website and its associated web sites.
6. EXTERNAL LINKS
This website provides links to other websites.
The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information and content provided by the external links is done so at the user’s own risk.
Third party advertising and promotional material may be displayed on the site from time to time, and the display of such material should not be construed as Elio’s endorsing or creating any relationship between Elio and that third party. Reliance on any such promotional or advertising material is entirely at the user’s own risk.
Any third party wishing to link the website to their website must obtain permission from Elio by directing such request to the firstname.lastname@example.org, using the contact details in clause 11 below and permission may be granted on terms and conditions agreed to by Elio.
Elio reserves the right to make changes and/or terminate access to any part or the entire website and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
9. APPLICABLE LAW
9.1 This website is owned, operated and hosted within the United States of America, as such, these terms and conditions shall be governed by the laws of the United States of America.
10. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement with respect to use of the website and supersede any and all previous agreements, either verbal or written, with respect to the use of this website.
11. CONTACT DETAILS
In the event that the user needs to contact Elio for purposes related to these terms and conditions, the following contact details may be used:
230 E. Lakewood Blvd., PO Box 8338
Holland, MI 49422-8338
Telephone: (616) 396-1355
Facsimile: (616) 396-1152
12. COPYRIGHT NOTICE
All contents of the website are:
Copyright © Elio 2010.
Any rights not expressly granted herein are reserved.