Terms & Conditions of Use



1. General Overview

Welcome to elevenelectrix.com ("Web Site"), a web site owned and operated by Eleven Electrix S.r.l. ("Eleven Electrix", "we", "us"). The Web Site allows the user to be informed about products, services, promotional and commercial activities presented and offered by Eleven Electrix (products, services and activities, collectively, "Services"). By entering the Web Site, or using the Web Site or the Services, you agree to comply with and be bound to these Terms and Conditions of Use ("Terms"), whether or not you are a registered user of our Web Site or Services. If you do not agree to these Terms, you have no right to access and use our Web Site and no right to use our Services.
We encourage you to carefully read our Terms. If you have any questions or concerns, please feel free to contact us.

2. Use of Our Web Site and Services

We do our best to keep our Web Site safe, but we cannot guarantee it. By using our Web Site and Services, you should always act responsibly. By way of example and not limitation, you shall not:
a) Post any inappropriate, infringing, defamatory, profane, indecent, obscene, nasty, insulting, pornographic, sexually explicit, racist, religiously disparaging, illegal/unlawful matters or other inappropriate content.
b) Impersonate or reveal any personal information about another individual.
c) Intimidate, harrase, bully or "stalk" any user of our Web Site or Services.
d) Use information obtained through our Web Site or Services for any unauthorized, illegal/unlawful purpose.
e) Ask for another user’s password or personally identifiable information.
f) Upload viruses or other malicius or harmful code, trojan horses, packet or IP spoofing, interfere with or damage our Web Site or Services.
g) Post any content or material that infringes copyrighted works or violates or promotes the violation of the intellectual property rights of any third party.
h) Use any robot spider or any automated device or manual process to monitor or copy any content or material of our Web Site.

3. Content Submitted to Our Web Site

You grant Eleven Electrix a license. By creating, displaying, posting, submitting, transmitting, performing, publishing, distributing, uploading or broadcasting content and materials to Eleven Electrix and/or to the Web Site, including, without limitation, text, messages, comments, suggestions, photographs, graphics, videos, or personally identifiable information or other material (collectively, excluding any Web Site material not created by you, "User Content"), you hereby grant to Eleven Electrix a perpetual, irrevocable, unrestricted, unconditional, worldwide, fully-paid and royalty-free license to host, use, display, reproduce, disclose, perform, adapt, modify, distribute, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of such User Content.
Eleven Electrix has no obligation whatsoever to post to the Web Site any User Content from you or anyone else. At our sole discretion, we may edit, modify, limit, remove or delete all or any portion of User Content posted to the Web Site by you or anyone else.

4. Third Party Links and Contents

At our sole discretion, we may include, host or offer third party links, contents, products or services on our Web Site. Eleven Electrix does not own and has no control, responsibility or liability whatsoever for the content and activities of these third parties.
Statements made on third party web sites linked to or from our Web Site reflect only the views of their authors and not of Eleven Electrix. We encourage you to carefully read the terms and conditions of use and the privacy policy of any web site you visit.
Unless otherwise set forth in a written agreement between you and Eleven Electrix, you may link your web site to the home page of our Web Site. The link to our Web Site must clearly state "Eleven Electrix", either in text or graphic form. The apparence and other aspects of the link must not be such as to damage or diluite the goodwill associated with Eleven Electrix or the Web Site's name. The link must point to the URL http://elevenelectrix.com or http://www.elevenelectrix.com and not to other pages within our Web Site.

5. People Under the Age of 14

Our Web Site and our Services are all directed to people who are at least 14 years old or older. If you are under the age of 14, you have no right to enter, register, send, upload or download information or use in anyway whatsoever our Web Site.
By entering our Web Site or using our Services, you represent that you are at least 14 years old or older.

6. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF ALL CONTENT, SERVICES AND MATERIALS IN THIS WEB SITE IS AT YOUR SOLE RISK. ALL CONTENT, SERVICES AND MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELEVEN ELECTRIX DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ELEVEN ELECTRIX DOES NOT WARRANT THAT THE WEB SITE, CONTENT, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, COMPLETE, SECURE OR ERROR-FREE. ELEVEN ELECTRIX DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. ELEVEN ELECTRIX DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT, SERVICES AND MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM ELEVEN ELECTRIX OR THROUGH OR FROM THE CONTENT, SERVICES OR MATERIALS OF THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ACKNOLEDGE AND AGREE THAT THE DISCLAIMER OF WARRANTIES CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES.

7. Limitations and Waivers of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELEVEN ELECTRIX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE OR THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELEVEN ELECTRIX OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ELEVEN ELECTRIX DOES NOT CONTROL OR ENDORSE THE INFORMATION, MATERIALS OR CONTENT THAT HAVE BEEN CREATED OR SUBMITTED TO THE WEB SITE BY USERS OF THE WEB SITE AND/OR THE SERVICES. THEREFORE IN NO EVENT SHALL ELEVEN ELECTRIX BE LIABLE FOR SUCH INFORMATION, MATERIALS OR CONTENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR THE SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE AND THE SERVICES. ELEVEN ELECTRIX MAY DISTRIBUTE CONTENT SUPPLIED BY THIRD PARTY COMPANIES OR WEB SITES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OR WEB SITES OPERATED BY THIRD PARTIES. ELEVEN ELECTRIX IS NOT RESPONSIBLE FOR AND HAS NO CONTROL OVER THE CONTENT OF SUCH MATERIALS OR THIRD PARTIES COMPANIES AND WEB SITES. ANY CONTENT, SERVICE OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DIRECT, INDIRECT OR SPECIAL DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, SERVICE OR MATERIAL. BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION §1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY WORLDWIDE, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR". BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, ELEVEN ELECTRIX'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOLEDGE AND AGREE THAT THE LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES.

8. Indemnification

You agree to defend, hold harmless and indemnify Eleven Electrix and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Web Site or the Services and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You acknoledge and agree that the indemnification provided herein will survive any termination of your account(s) or any Services.

9. Termination

Eleven Electrix reserves the right to suspend or terminate any account that is either unused or have been used only once for a period greater than six (6) months.

10. Maintenance and Discontinuance of Services

Eleven Electrix, in its sole discretion and without liability to you, with or without prior notice and at any time, may modify or discontinue, temporarily or permanently, any portion of the Web Site and the Services.

11. Intellectual Property Rights (IP)

You acknoledge and agree that Eleven Electrix owns all right, title and interest in and to the Web Site and any content and material not posted by a user, including all intellectual property rights (IP). Eleven Electrix IP is protected by Italian and international property laws. You agree that you will not display, copy, reproduce, distribute, perform, adapt, modify, sell, rent or create derivative work from such content and material of the Web Site or Eleven Electrix IP.

12. Copyright

All content and material on the Web Site (excluding any User Content), are property of Eleven Electrix and are protected by Italian and international copyright laws. All rights not expressly granted in these Terms are expressly reserved.

13. Copyright Infringement

Eleven Electrix respects the copyright of others and prohibits users from submitting or posting on the Web Site any content or material that violates another party's copyright.
If you believe that any User Content or other material on the Web Site infringes upon any copyright that you own or control, you may file a notification by providing Eleven Electrix the following information in writing:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.
b) A description of the copyrighted work that you claim has been infringed.
c) A description of where the material that you claim is infringing is located on the Web Site.
d) Your address, telephone number, and email address.
e) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send your notification to copyright@elevenelectrix.com.

14. International Data Transfer

We operate and maintain our Web Site in Italy. Information collected elsewhere will be therefore transferred to, maintained in, and processed in, and under the laws and regulations of Italy. By using our Web Site or Services, you consent to such transfer.

15. Severability

If any provisioning of these Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall be enforced.

16. Governing Law and Disputes

Eleven Electrix operates, maintains and controls the Web Site from its offices in Italy. These Terms and all aspects of the Web Site and the Services shall be governed by the laws of Italy regardeless of your location.
If there is any dispute, claim or cause of action between you and Eleven Electrix about or involving these Terms, the Web Site and/or the Services, you acknoledge and agree that the dispute, claim or cause of action will be governed by the laws of Italy, without regard to conflict of law provisions. You agree to the exclusive jurisdiction and venue of the Rovigo Courts (Foro di Rovigo), located in the city of Rovigo, Italy.
Under Italian law enforcement, in the event of any conflict of interpretation between the Italian version and the English version of these Terms, the Italian version will prevail.

17. Changes to our Web Site, Services and Terms

We reserve the right to make changes to our Web Site, our Services or our Terms at any time without notice. In the event we decide to make changes to our Terms, we will post them and we will update the effective date at the end of this page.
We encourage you to read from time to time our Terms, so that you understand our current Terms, as your continued use of our Web Site or Services signifies your acceptance to any changes we made, make or may make.

19. Privacy Policy

Please also read our Privacy Policy establishing the way we collect and use the information you submit to us, and your choices in determining its use.

20. Agreement

By entering our Web Site, or using our Web Site or Services, you agree to comply and be bound to these Terms and Conditions of Use and to comply and be bound to our Privacy Policy. If you do not agree to these Terms and Conditions of Use or to any changes we made or may make, you have no right to access and use our Web Site and no right to use our Services.

21. Contact Us

If you have any questions or concerns about these Terms and Conditions of Use, please feel free to contact us through our Web Site or at terms@elevenelectrix.com.


These Terms and Conditions of Use are effective as of July 21, 2011