17 September 2010
Please read these terms and conditions (the “Terms”) carefully before using the TECNA Web Site (“Site”). By using the Site you signify your consent to these Terms. If you do not agree to the Terms please do not use the Site. The Terms addresses your legal rights and obligations and includes important disclaimers and choice of law and forum provisions. Please read carefully.
Ownership of the Site
The Site is owned and operated by TECNA S.p.A. (hereinafter referred to as TECNA), a corporation incorporated under the laws of Italy, having its principle office in Castel San Pietro Terme, Italy.
Please feel free to browse the Site. TECNA grants you permission to view this Site and to print or download material displayed on the Site for your own personal, non-commercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement and provided that you keep intact all copyright, trademark and other proprietary notices. You may not however copy, reproduce, republish, upload, transmit or distribute in any way the contents of this Site, including the text, images, audio and video for public or commercial purposes, without written permission from TECNA. You are also prohibited from using any content of this Site in a frame on any other internet site in any way.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition as a condition of your use of this Site, you represent and warrant to TECNA that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.
Any communication or material that you transmit to the Site by e-mail or otherwise is, and will be treated as non-confidential and non-proprietary information. Anything you transmit or post may be used by TECNA for any purpose. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that may violate any law.
Links to and from other materials
TECNA may provide hyperlinks to third party sites. The linked sites are not under the control of TECNA and in no way is TECNA responsible for the content of any such linked site or for the content of any site linked to such linked site. TECNA does not endorse companies or products to which it may provide hyperlinks and TECNA reserves the right to note as such on its Site. TECNA reserves the unilateral right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do so at your own risk.
TECNA takes great care in creating and maintaining this Site, and in providing accurate and up-to-date content such as, but not limited to, product descriptions. However, the content of this Site is subject to frequent modifications without prior notice. Therefore, TECNA does not guarantee the correct and actual status of said content.
The visitors to the Site accept TECNA’s exoneration of any liability whatsoever for the content of the Site, the software on the Site or for any use made of it.
The texts, layouts, drawings, databases and other items on this Site, as well as the Site itself, are protected by copyright and by the right of the producer of the database. Some of the names, signs and logos on this Site are protected trademarks or trade names.
Nothing contained on the Site should be construed as granting any license or right to use any trademark, displayed on the Site without the written permission from TECNA or such third party that may own the trademarks displayed on the Site.
Any copy, adaptation, translation, arrangement, modification, or any use whatsoever of the whole or of any part of this Site of its protected elements, in any form and by any means, is strictly prohibited.
Your use of and browsing in this Site is at your own risk. TECNA does not warrant that the software used for this Site, and the information, the on-line applications, or any other services provided by means of this Site are error-free, or that their use will be uninterrupted. TECNA expressly disclaims all warranties related to the above-mentioned subject matter, including, without limitation, those of accuracy, condition, merchantability and fitness for particular purpose.
Notwithstanding anything to the contrary in this Site, in no event shall TECNA be liable for any loss of profits, revenues, indirect, special, incidental, consequential, or other similar damages arising out of or in connection with this Site or out of the use of any of the services proposed by means of this Site.
THE MATERIAL AND CONTENT POSTED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS WARRANTY OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL TECNABE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF TECNAHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions prohibit the exclusion or limitation of liability for consequential and or incidental damages, the above limitation may not apply to you. Furthermore, TECNA does not warrant the accuracy or completeness of information of links or other items contained within these materials that have been provided by third parties.
While TECNA will use its best efforts to fulfil all orders, TECNA cannot guarantee the availability of any particular product displayed on this Site. TECNA reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, which may be provided to you in order to access specified areas within the Site. You may not sublicense, assign or transfer any licenses granted by TECNA, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.
Choice of Law and Forum Provisions
This Site resides on a server in Italy. You agree that these Terms and your use of this Site are governed by the laws of Italy.
You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Italy in all disputes (a) arising out of, relating to, or concerning this Site and/or these Terms, (b) in which this Site and/or these Terms is an issue or a material fact, or (c) in which this Site and/or these Terms is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. TECNA has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk and, if any part of these Terms is invalid or unenforceable under applicable law, 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 these Terms shall govern such use.