Terms and Conditions
Legal information and opinions
Property of the site; Agreement to the conditions of use
These terms of use (the "Terms of Use") apply to the elems.io website located at https://elems.io, the builder located at https://builder.elems.io and to all associated sites related to https://elems.io by ELEMS-IO, its affiliates and partners, including ELEMS-IO sites worldwide (collectively, the "Site"). The Site is the property of ** ("ELEMS-IO"). BY USING THE SITE, YOU ACCEPT THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
ELEMS-IO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to periodically check these Terms of Use for changes. Your continued use of the site after posting changes means that you agree and accept the changes. As long as you comply with these Terms of Use, ELEMS-IO grants you a personal, non-exclusive, nontransferable and limited privilege to access and use the Site.
Contents
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, works of art and computer code (collectively, "Content"), including, but not limited to, the design, structure, selection, coordination, expression, "look and feel" and disposition of such content on the Site are owned, controlled or licensed by ELEMS-IO, and are protected by copyright laws, patents and trademarks, as well as various other intellectual property rights and unfair competition laws.
Your use of the Site
You may not use the "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar manual process or equivalent to access, acquire, copy or monitor any part of the Site or Content, or in any way, reproduce or circumvent the navigation structure or layout of the Site or any Content, obtain or attempt to obtain documents, notes or information by any means that is not deliberately made available on the Site. ELEMS-IO reserves the right to prohibit such activity.
You may not attempt to gain unauthorized access to any part or feature of the Site or any other system or network connected to the Site or any ELEMS-IO server or any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You must not probe, scan or test the vulnerability of the Site or any network connected to the Site, or violate the security or authentication measures on the Site or any network connected to the Site. You must not reverse the search ("reverse look-up"), trace or search for information about any other user or visitor to the Site, or any other ELEMS-IO customer, including any ELEMS-IO account that does not belong to you, at its source or use the Site or any service or information made available or offered by or through the Site, in any manner for the purpose of revealing information, including, but not limited to, identifications or information personal, other than your own information, as provided by the Site.
You agree not to take any action that imposes an unreasonable or disproportionate burden on the Site's infrastructure or ELEMS-IO's systems or networks, or on any system or network connected to the Site or ELEMS-IO.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper operation of the Site or any transaction made on the Site, or with the use of the Site by any other person.
You must not falsify the headers or manipulate the identifiers in order to conceal the origin of any message or transmission that you send to ELEMS-IO on or through the Site or any service offered on or through the Site. You must not pretend that you are, or that you represent, anyone else, or impersonate another person or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal or other activity that infringes ELEMS-IO's rights or otherwise.
Purchasing; Other terms and conditions
Additional terms and conditions may apply to purchases of goods or services and to specific parts or features of the Site, including contests, promotions, or other similar features, all of which are part of these Terms and Conditions. You agree to abide by the other terms and conditions, including, where applicable, stating that you are of legal age to use or participate in such a service or device. In the event of a conflict between these terms of use and the conditions displayed or applicable to a specific part of the Site or for any service offered on or through the Site, these latter conditions will control your use of that part of the Site or the specific service.
ELEMS-IO's obligations, if any, with respect to its products and services are governed solely by the agreements under which they are provided, and nothing on this Site shall be construed as modifying such agreements.
ELEMS-IO may make changes to the products or services offered on the Site, or the prices applicable to such products or services, at any time and without notice. The information on the products and services appearing on the Site may be obsolete and ELEMS-IO does not undertake to update the information on the Site regarding these products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require the opening of an account (including the configuration of an ELEMS-IO ID and password). You are solely responsible for maintaining the confidentiality of the information you hold about your account, including your password, and any activity occurring in your account as a result of your inability to keep such information secure and confidential. You agree to immediately notify ELEMS-IO of any unauthorized use of your account or password, or any other breach of security. You may be liable for losses suffered by ELEMS-IO or any other user or visitor to the Site due to the fact that someone else has used your ELEMS-IO ID, password or account due to your inability to protect the information from your account.
You must not use any other person's username, password or ELEMS-IO account without the express permission and consent of the holder of such username, password or ELEMS-IO account. ELEMS-IO can not and will not be responsible for any loss or damage resulting from your non-compliance with these obligations.
Confidentiality
The ELEMS-IO Privacy Policy applies to the use of this Site and its terms form part of these Terms of Use by this reference. To view the ELEMS-IO's privacy policy, click here. In addition, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by third parties, even if it is notified that a particular transmission (for example, credit card information) is encrypted.
Links to other ELEMS-IO sites and partners
This site may contain links to other independent third party websites ("linked sites"). These linked sites are provided solely as a convenience to our visitors. These linked sites are not under the control of ELEMS-IO and ELEMS-IO is not responsible for and does not endorse the content of such linked sites, including any information or material appearing on these linked sites. You will have to make your own independent judgment regarding your interaction with these linked sites.
Warnings
ELEMS-IO DOES NOT PROMOTE THAT THE SITE OR ANY CONTENT, SERVICE OR FUNCTION OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE MAY CHANGE WITHOUT NOTICE. ELEMS-IO CAN NOT WARRANT THAT THE FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DAMAGING CHARACTERISTICS. ELEMS-IO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND USABILITY FOR A PARTICULAR PURPOSE. ELEMS-IO DISCLAIMS ANY LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH OR RELATING TO YOUR USE OF THE SITE AND / OR ALL ELEMS-IO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ALL LINKED SITES. YOUR SOLE REMEDY AGAINST ELEMS-IO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO DISCONTINUE USING THE SITE OR ANY OTHER CONTENT THAT OCCURS. THIS RESCUE LIMITATION IS PART OF THE NEGOTIATION BETWEEN THE PARTIES.
The disclaimer above applies to any damages, liability or injury caused by a failure, error, omission, interruption, deletion, defect, delay or transmission, computer virus, line communication, alteration or use, whether for breach of contract, tort, negligence or any other cause of action.
ELEMS-IO reserves the right to do any of the following at any time without notice: (1) modify, suspend or terminate the operation or access to the Site or any part of the Site for any reason it would be; (2) modify or change the Site, or any part of the Site, and any applicable policies or conditions; and (3) interrupt the operation of the Site or any part of the Site, if necessary, to perform routine or non-routine maintenance, error correction or other modifications.
Limitation of Liability
Except where prohibited by law, ELEMS-IO shall not be liable for any indirect, consequential, exemplary, incidental or punitive damages, including loss of profits, even if ELEMS-IO has been informed of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, ELEMS-IO is liable to you for any damage or loss arising out of or in any way related to your use of the Site or any Content, ELEMS-IO's liability shall not be greater in the event that exceeds the greater of the following amounts: (1) the total of the subscription fees or similar charges relating to a service or functionality of the Site paid within the six months preceding the date of the initial price claim against ELEMS-IO for any hardware or software offered for sale by ELEMS-IO or any ELEMS-IO support program or similar), or (2) EUR 100.00 €. Some jurisdictions do not allow limitations on liability, so the above limitation may not apply to you.
Indemnity
You agree to indemnify and hold ELEMS-IO, its officers, directors, shareholders, predecessors, interested successors, employees, agents, subsidiaries and affiliates, exempt from any claim, loss, liability, claim or expense (including the fees of lawyers), made against ELEMS-IO by any third party by reason of, or arising out of, or in connection with your use of the Site.
Violation of these Terms of Use
ELEMS-IO may disclose any information we hold about you (including your identity) if we determine that such disclosure is necessary in connection with an investigation or complaint about your use of the Site, or to identify, contact or take legal action against any person who may cause (intentional or otherwise) injury or interference with the rights or property of ELEMS-IO, or the rights or property of visitors or users of the Site, including ELEMS-IO customers. ELEMS-IO reserves the right at any time to disclose any information that ELEMS-IO deems necessary to comply with any applicable law, regulation, legal process or governmental request. ELEMS-IO may also disclose your information when ELEMS-IO determines that applicable law requires or permits such disclosure, including the exchange of information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ELEMS-IO retains any transmission or communication from you to ELEMS-IO through the Site or any service offered on or through the Site, and may also disclose such data as is required by law or ELEMS-IO determines that such retention or disclosure is reasonably necessary to (1) comply with the legal process, (2) apply these Terms of Use, (3) respond to claims that such data violate the rights of others, or (4) protect rights, the property or personal safety of ELEMS-IO, its employees, users or visitors of the Site, and the public.
You agree that ELEMS-IO may, in its sole discretion and without notice, terminate your access to the Site and / or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines that may affect your access to the Site. You further agree that any breach by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to ELEMS-IO, for which monetary damages would be insufficient, and you consent to ELEMS-IO obtaining an injunction or fair remedy that ELEMS-IO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedy that ELEMS-IO may have in law or equity.
You agree that ELEMS-IO may, in its sole discretion and without notice, terminate your access to the Site, for reasonable cause, which includes (but is not limited to) (1) requests from law enforcement or other governmental agencies, (2) a request from you (self-initiated account deletions), (3) significant interruption or modification of the Site or any service offered on or through the Site, or (4) unforeseen technical problems or concerns.
If ELEMS-IO takes legal action against you for violating these Terms of Use, ELEMS-IO will have the right to recover from you, and you agree to pay, all reasonable legal fees and expenses in addition to any other repairs to ELEMS-IO. You agree that ELEMS-IO will not be liable to you or any third party for the termination of your access to the Site due to a violation of these Terms of Use.
Applicable right; Dispute settlement
You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed by the laws of Belgium, without regard to conflicts of laws. You accept the personal jurisdiction and jurisdiction of the state and federal courts of Charleroi in Belgium, and waive any objection to that jurisdiction or place. The previous location provision does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you can make a claim to the courts of the country where you reside. Any claim under these Terms of Use must be made within one (1) year after the cause of action has occurred, or such claim or cause of action is prohibited. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be claimed or received for damages other than reimbursable expenses, unless the winning party will be entitled to legal fees and expenses. In the event of controversy or dispute between ELEMS-IO and you regarding your use of the Site or in connection with it, the parties will attempt, in a fast and good faith manner, to resolve such a conflict. If we are unable to resolve such a conflict within a reasonable time (not to exceed thirty (30) days), each party may submit such controversy or dispute to mediation. If the dispute can not be resolved through mediation, the parties are free to pursue any right or remedy available to them under applicable law.
Null and void wherever prohibited by law
ELEMS-IO administers and operates the site https://elems.io from its location in Charleroi, Belgium; other ELEMS-IO sites may be administered and operated from different locations outside of Belgium. Although the Site is accessible worldwide, all features, products or services addressed, referenced, provided or offered via or on the Site are not accessible to all persons or geographical locations outside the European Union. ELEMS-IO reserves the right to limit, in its sole discretion, the supply and quantity of any feature, product or service to any person or geographic area. Any offer for a feature, product or service on the Site is void where prohibited. If you choose to access the Site outside the European Union, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.
Various
You may not use, export or re-export any content or any copy or adaptation of such content, or any product or service offered on the Site, in violation of applicable laws or regulations, including, without limitation, laws and regulations of export from the European Union. If any provision of these Terms of Use is declared void or unenforceable by a court or other court of competent jurisdiction, such provision shall be limited or eliminated to the extent necessary and replaced by a valid provision that best embodies the intention of these Terms of Use, so that these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire agreement between you and ELEMS-IO with respect to your use of the Site, and any other written or oral agreement or agreement previously in place between you and ELEMS-IO with respect to such use is suspended and canceled. Apart from what is provided in a purchase agreement that you have entered into with ELEMS-IO, ELEMS-IO will not accept any offer that violates these Terms of Use, and all such offers are categorically rejected. The fact that ELEMS-IO does not insist or requires the strict fulfillment of these Terms of Use shall not be construed as a waiver by ELEMS-IO of any provision or right to enforce these Terms of Use, and no conduct between ELEMS-IO and you or any other party is deemed to alter any provision of these Terms of Use. These terms of use should not be construed as conferring rights or remedies to third parties.
ELEMS-IO provides access to ELEMS-IO's international data and, therefore, may contain cross-references or cross-references to ELEMS-IO products, programs and services that are not advertised in your country. Such reference does not imply that ELEMS-IO in your country intends to advertise such products, programs or services.
Feedback and information
Any comments you provide on this Site will be considered non-confidential. ELEMS-IO is free to use this information without restriction.
The information contained in this Website is subject to change without notice.
Property of the site; Agreement to the conditions of use
These terms of use (the "Terms of Use") apply to the elems.io website located at https://elems.io, the builder located at https://builder.elems.io and to all associated sites related to https://elems.io by ELEMS-IO, its affiliates and partners, including ELEMS-IO sites worldwide (collectively, the "Site"). The Site is the property of ** ("ELEMS-IO"). BY USING THE SITE, YOU ACCEPT THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
ELEMS-IO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to periodically check these Terms of Use for changes. Your continued use of the site after posting changes means that you agree and accept the changes. As long as you comply with these Terms of Use, ELEMS-IO grants you a personal, non-exclusive, nontransferable and limited privilege to access and use the Site.
Contents
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, works of art and computer code (collectively, "Content"), including, but not limited to, the design, structure, selection, coordination, expression, "look and feel" and disposition of such content on the Site are owned, controlled or licensed by ELEMS-IO, and are protected by copyright laws, patents and trademarks, as well as various other intellectual property rights and unfair competition laws.
Your use of the Site
You may not use the "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar manual process or equivalent to access, acquire, copy or monitor any part of the Site or Content, or in any way, reproduce or circumvent the navigation structure or layout of the Site or any Content, obtain or attempt to obtain documents, notes or information by any means that is not deliberately made available on the Site. ELEMS-IO reserves the right to prohibit such activity.
You may not attempt to gain unauthorized access to any part or feature of the Site or any other system or network connected to the Site or any ELEMS-IO server or any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You must not probe, scan or test the vulnerability of the Site or any network connected to the Site, or violate the security or authentication measures on the Site or any network connected to the Site. You must not reverse the search ("reverse look-up"), trace or search for information about any other user or visitor to the Site, or any other ELEMS-IO customer, including any ELEMS-IO account that does not belong to you, at its source or use the Site or any service or information made available or offered by or through the Site, in any manner for the purpose of revealing information, including, but not limited to, identifications or information personal, other than your own information, as provided by the Site.
You agree not to take any action that imposes an unreasonable or disproportionate burden on the Site's infrastructure or ELEMS-IO's systems or networks, or on any system or network connected to the Site or ELEMS-IO.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper operation of the Site or any transaction made on the Site, or with the use of the Site by any other person.
You must not falsify the headers or manipulate the identifiers in order to conceal the origin of any message or transmission that you send to ELEMS-IO on or through the Site or any service offered on or through the Site. You must not pretend that you are, or that you represent, anyone else, or impersonate another person or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal or other activity that infringes ELEMS-IO's rights or otherwise.
Purchasing; Other terms and conditions
Additional terms and conditions may apply to purchases of goods or services and to specific parts or features of the Site, including contests, promotions, or other similar features, all of which are part of these Terms and Conditions. You agree to abide by the other terms and conditions, including, where applicable, stating that you are of legal age to use or participate in such a service or device. In the event of a conflict between these terms of use and the conditions displayed or applicable to a specific part of the Site or for any service offered on or through the Site, these latter conditions will control your use of that part of the Site or the specific service.
ELEMS-IO's obligations, if any, with respect to its products and services are governed solely by the agreements under which they are provided, and nothing on this Site shall be construed as modifying such agreements.
ELEMS-IO may make changes to the products or services offered on the Site, or the prices applicable to such products or services, at any time and without notice. The information on the products and services appearing on the Site may be obsolete and ELEMS-IO does not undertake to update the information on the Site regarding these products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require the opening of an account (including the configuration of an ELEMS-IO ID and password). You are solely responsible for maintaining the confidentiality of the information you hold about your account, including your password, and any activity occurring in your account as a result of your inability to keep such information secure and confidential. You agree to immediately notify ELEMS-IO of any unauthorized use of your account or password, or any other breach of security. You may be liable for losses suffered by ELEMS-IO or any other user or visitor to the Site due to the fact that someone else has used your ELEMS-IO ID, password or account due to your inability to protect the information from your account.
You must not use any other person's username, password or ELEMS-IO account without the express permission and consent of the holder of such username, password or ELEMS-IO account. ELEMS-IO can not and will not be responsible for any loss or damage resulting from your non-compliance with these obligations.
Confidentiality
The ELEMS-IO Privacy Policy applies to the use of this Site and its terms form part of these Terms of Use by this reference. To view the ELEMS-IO's privacy policy, click here. In addition, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by third parties, even if it is notified that a particular transmission (for example, credit card information) is encrypted.
Links to other ELEMS-IO sites and partners
This site may contain links to other independent third party websites ("linked sites"). These linked sites are provided solely as a convenience to our visitors. These linked sites are not under the control of ELEMS-IO and ELEMS-IO is not responsible for and does not endorse the content of such linked sites, including any information or material appearing on these linked sites. You will have to make your own independent judgment regarding your interaction with these linked sites.
Warnings
ELEMS-IO DOES NOT PROMOTE THAT THE SITE OR ANY CONTENT, SERVICE OR FUNCTION OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE MAY CHANGE WITHOUT NOTICE. ELEMS-IO CAN NOT WARRANT THAT THE FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DAMAGING CHARACTERISTICS. ELEMS-IO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND USABILITY FOR A PARTICULAR PURPOSE. ELEMS-IO DISCLAIMS ANY LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH OR RELATING TO YOUR USE OF THE SITE AND / OR ALL ELEMS-IO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ALL LINKED SITES. YOUR SOLE REMEDY AGAINST ELEMS-IO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO DISCONTINUE USING THE SITE OR ANY OTHER CONTENT THAT OCCURS. THIS RESCUE LIMITATION IS PART OF THE NEGOTIATION BETWEEN THE PARTIES.
The disclaimer above applies to any damages, liability or injury caused by a failure, error, omission, interruption, deletion, defect, delay or transmission, computer virus, line communication, alteration or use, whether for breach of contract, tort, negligence or any other cause of action.
ELEMS-IO reserves the right to do any of the following at any time without notice: (1) modify, suspend or terminate the operation or access to the Site or any part of the Site for any reason it would be; (2) modify or change the Site, or any part of the Site, and any applicable policies or conditions; and (3) interrupt the operation of the Site or any part of the Site, if necessary, to perform routine or non-routine maintenance, error correction or other modifications.
Limitation of Liability
Except where prohibited by law, ELEMS-IO shall not be liable for any indirect, consequential, exemplary, incidental or punitive damages, including loss of profits, even if ELEMS-IO has been informed of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, ELEMS-IO is liable to you for any damage or loss arising out of or in any way related to your use of the Site or any Content, ELEMS-IO's liability shall not be greater in the event that exceeds the greater of the following amounts: (1) the total of the subscription fees or similar charges relating to a service or functionality of the Site paid within the six months preceding the date of the initial price claim against ELEMS-IO for any hardware or software offered for sale by ELEMS-IO or any ELEMS-IO support program or similar), or (2) EUR 100.00 €. Some jurisdictions do not allow limitations on liability, so the above limitation may not apply to you.
Indemnity
You agree to indemnify and hold ELEMS-IO, its officers, directors, shareholders, predecessors, interested successors, employees, agents, subsidiaries and affiliates, exempt from any claim, loss, liability, claim or expense (including the fees of lawyers), made against ELEMS-IO by any third party by reason of, or arising out of, or in connection with your use of the Site.
Violation of these Terms of Use
ELEMS-IO may disclose any information we hold about you (including your identity) if we determine that such disclosure is necessary in connection with an investigation or complaint about your use of the Site, or to identify, contact or take legal action against any person who may cause (intentional or otherwise) injury or interference with the rights or property of ELEMS-IO, or the rights or property of visitors or users of the Site, including ELEMS-IO customers. ELEMS-IO reserves the right at any time to disclose any information that ELEMS-IO deems necessary to comply with any applicable law, regulation, legal process or governmental request. ELEMS-IO may also disclose your information when ELEMS-IO determines that applicable law requires or permits such disclosure, including the exchange of information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ELEMS-IO retains any transmission or communication from you to ELEMS-IO through the Site or any service offered on or through the Site, and may also disclose such data as is required by law or ELEMS-IO determines that such retention or disclosure is reasonably necessary to (1) comply with the legal process, (2) apply these Terms of Use, (3) respond to claims that such data violate the rights of others, or (4) protect rights, the property or personal safety of ELEMS-IO, its employees, users or visitors of the Site, and the public.
You agree that ELEMS-IO may, in its sole discretion and without notice, terminate your access to the Site and / or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines that may affect your access to the Site. You further agree that any breach by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to ELEMS-IO, for which monetary damages would be insufficient, and you consent to ELEMS-IO obtaining an injunction or fair remedy that ELEMS-IO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedy that ELEMS-IO may have in law or equity.
You agree that ELEMS-IO may, in its sole discretion and without notice, terminate your access to the Site, for reasonable cause, which includes (but is not limited to) (1) requests from law enforcement or other governmental agencies, (2) a request from you (self-initiated account deletions), (3) significant interruption or modification of the Site or any service offered on or through the Site, or (4) unforeseen technical problems or concerns.
If ELEMS-IO takes legal action against you for violating these Terms of Use, ELEMS-IO will have the right to recover from you, and you agree to pay, all reasonable legal fees and expenses in addition to any other repairs to ELEMS-IO. You agree that ELEMS-IO will not be liable to you or any third party for the termination of your access to the Site due to a violation of these Terms of Use.
Applicable right; Dispute settlement
You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed by the laws of Belgium, without regard to conflicts of laws. You accept the personal jurisdiction and jurisdiction of the state and federal courts of Charleroi in Belgium, and waive any objection to that jurisdiction or place. The previous location provision does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you can make a claim to the courts of the country where you reside. Any claim under these Terms of Use must be made within one (1) year after the cause of action has occurred, or such claim or cause of action is prohibited. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be claimed or received for damages other than reimbursable expenses, unless the winning party will be entitled to legal fees and expenses. In the event of controversy or dispute between ELEMS-IO and you regarding your use of the Site or in connection with it, the parties will attempt, in a fast and good faith manner, to resolve such a conflict. If we are unable to resolve such a conflict within a reasonable time (not to exceed thirty (30) days), each party may submit such controversy or dispute to mediation. If the dispute can not be resolved through mediation, the parties are free to pursue any right or remedy available to them under applicable law.
Null and void wherever prohibited by law
ELEMS-IO administers and operates the site https://elems.io from its location in Charleroi, Belgium; other ELEMS-IO sites may be administered and operated from different locations outside of Belgium. Although the Site is accessible worldwide, all features, products or services addressed, referenced, provided or offered via or on the Site are not accessible to all persons or geographical locations outside the European Union. ELEMS-IO reserves the right to limit, in its sole discretion, the supply and quantity of any feature, product or service to any person or geographic area. Any offer for a feature, product or service on the Site is void where prohibited. If you choose to access the Site outside the European Union, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.
Various
You may not use, export or re-export any content or any copy or adaptation of such content, or any product or service offered on the Site, in violation of applicable laws or regulations, including, without limitation, laws and regulations of export from the European Union. If any provision of these Terms of Use is declared void or unenforceable by a court or other court of competent jurisdiction, such provision shall be limited or eliminated to the extent necessary and replaced by a valid provision that best embodies the intention of these Terms of Use, so that these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire agreement between you and ELEMS-IO with respect to your use of the Site, and any other written or oral agreement or agreement previously in place between you and ELEMS-IO with respect to such use is suspended and canceled. Apart from what is provided in a purchase agreement that you have entered into with ELEMS-IO, ELEMS-IO will not accept any offer that violates these Terms of Use, and all such offers are categorically rejected. The fact that ELEMS-IO does not insist or requires the strict fulfillment of these Terms of Use shall not be construed as a waiver by ELEMS-IO of any provision or right to enforce these Terms of Use, and no conduct between ELEMS-IO and you or any other party is deemed to alter any provision of these Terms of Use. These terms of use should not be construed as conferring rights or remedies to third parties.
ELEMS-IO provides access to ELEMS-IO's international data and, therefore, may contain cross-references or cross-references to ELEMS-IO products, programs and services that are not advertised in your country. Such reference does not imply that ELEMS-IO in your country intends to advertise such products, programs or services.
Feedback and information
Any comments you provide on this Site will be considered non-confidential. ELEMS-IO is free to use this information without restriction.
The information contained in this Website is subject to change without notice.