TERMS & CONDITIONS
PLEASE READ THESE TERMS OF USE (“TERMS” OR “TERMS OF USE”)
CAREFULLY BEFORE USING ANY WEBSITE ON WHICH THESE TERMS ARE
POSTED (“SITE(S)”). BY USING ONE OR MORE OF THESE SITES, YOU
AGREE TO BE BOUND BY THESE TERMS, AS SUPPLEMENTED OR
MODIFIED BY “SUPPLEMENTAL TERMS OF USE” AND OTHER SITE SPECIFIC
TERMS THAT ARE POSTED ON A PARTICULAR SITE OR SPECIFICALLY
AGREED TO IN A SEPARATE DOCUMENT BY THE SITE OPERATOR.
1. Parties. Anp Trading srl (“Operator” or “GEII”), is the commercial operator of
this Site, although software, hosting and other functions and content may be
provided by Operator’s service providers (“Service Providers”), other companies
affiliated with Operator (“Affiliates”), or merely in a business relationship with
Operator (“Business Partners”). Operator’s Service Providers, Affiliates and
Business Partners are intended third-party beneficiaries of these Terms of Use.
This Site is not directed to or intended for individuals under eighteen(18) years of
age.
2. Changes in Terms. Operator may change these Terms from time to time, with
notice given to those completing a registration process (“Registered Users”). Your
continued use of the Sites after any changes constitutes your acceptance of the
new Terms. If you do not agree to abide by these or any future Terms, do not use
the Sites and do not download materials from them.
3. Changes in Site(s). Operator may terminate, remove, modify, change, suspend
or discontinue any aspect of the Sites, including the availability of any features or
content, which it controls. Service Providers, Affiliates and Business Partners may
also terminate, remove, modify, change, suspend or discontinue any aspect of the
Sites, including the availability of any features or content, which they control.
Operator may impose limits on certain features and services, or terminate or
restrict your access to part or all of any of the Sites without liability, provided that
Registered Users will receive notice. Operator may also without liability: (a)
remove, modify or otherwise change any user’s Site access for material breach of
this Agreement; (b) supplement or make changes to its user access or security
procedures with notice to Registered Users; and (c) change the type or location of
Operator equipment, facilities or software used by it in providing access provided
that no such action shall have the effect of amending or otherwise affecting the
parties’ respective obligations under any contract with Operator or its Affiliates. All
obligations created before termination shall survive termination.
4. Privacy Policy. Operator’s Privacy Policy, incorporated by this reference,
describes the type of information Operator and its Business Partners, Service
Providers and Affiliates collect when you visit the Sites and how they use that
information. Please see our Privacy Policy for more information.
5. Proprietary Rights. Unless Operator or one of its Service Providers, Affiliates
or Business Partners specifically agrees otherwise, the following terms apply to all
activity on the Sites.
(a) Confidentiality. The following restrictions apply to use of material on the Sites:
(i) if any information is marked “Proprietary” or “Confidential” or words of like
import, you will hold such information in confidence, use it exclusively in connection
with the activities for which you are authorized on the Sites, and not publish or
otherwise disclose it to others; (ii) if any information contains restrictions on use or
disclosure, you will comply with the restrictions; and (iii) you will keep all restrictive
language intact in all copies.
(b) Copyrights. Operator and its Service Providers, Affiliates and Business
Partners each reserve copyrights in all content that each provides to the Sites,
including but not limited to design, text, software, technical drawings,
configurations, graphics, other files, and their coordination, selection and
arrangement. You may not prepare derivative works based upon such content, nor
may such content be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, or sold in any form or by
any means, in whole or in part, without prior written permission of the copyright
owner. No such activity may be competitive with or derogatory to Operator, its
Service Providers, Affiliates or Business Partners. All copyright or other proprietary
notices must be kept intact. You may not distribute any of the content of any of the
Sites to any other person unless that person accepts all obligations under these
Terms. Any copyright owner consent may be revoked at any time, and such
consent does not include consent to republish Site information on any other
Internet, Intranet or Extranet site or to incorporate the information in any other
database or compilation, unless expressly given in writing. Any other use of the
content of this Site is strictly prohibited. You further agree that you will not extract,
collect or harvest, through electronic means or otherwise, any data or data fields
from this Site, including but not limited to personally identifiable information of any
other user of the Sites, or the names of customers Operator or its Affiliates,
Services Providers, or Business Partners.
(c) Trademarks. No trademark, service mark, certification mark, collective mark or
trade dress (collectively “Trademarks”) owned by Operator, Service Providers,
Affiliates or Business Partners may be copied, imitated, or used, in whole or in part,
without prior written permission of the owner of the relevant Trademark. All page
headers, custom graphics, and button icons may be Trademarks owned by
Operator, Service Providers, Affiliates or Business Partners which may not be
copied, imitated, or used, in whole or in part, without the relevant owner’s prior
written permission. No rights to use any Trademarks are granted under these
Terms. Certain company names and products mentioned on the Sites may be
claimed as Trademarks by their respective owners, who may not be affiliated with
Operator, Service Providers, Affiliates or Business Partners.
(d) Patents. Some products and processes used on the Sites may be covered by,
or may be subject to, one or more patents and are subject to other trade secret and
proprietary rights. Operator, Service Providers, Affiliates and Business Partners
reserve all such rights. You agree not to infringe upon such rights or decompile,
reverse engineer, or disassemble any of the products or processes on the Sites.
(e) Software. Any software, including any files, images generated by the software,
code, and data accompanying the software (collectively, “Software”), used or
accessible through the Sites may be used by you solely for accessing and using
the Sites for purposes expressly stated on the Sites or in an applicable written
document, provided that such uses are not competitive with or derogatory to
Operator or its Service Providers, Affiliates or Business Partners. Operator and its
Service Providers, Affiliates and Business Partners retain full and complete title to
and all intellectual property rights they may own in the Software. You agree not to
copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create
derivative works based upon any Software.
(f) License. Except as otherwise provided in our Privacy Policy, in Supplemental
Terms of Use posted on a Site, or in a separate contract, you agree that any
communications you transmit to anyone through the Site or copyrighted works you
post on the Sites, including, without limitation, questions, comments, suggestions,
ideas, plans, notes, drawings, configurations, purchase orders, quotes,
performance data, account information, or other material, data or information
(collectively, “Information”), need not be handled as confidential by Operator or its
Service Providers, Affiliates or Business Partners and you further agree that upon
transmission of such information to Operator or its Service Providers, Affiliates or
Business Partners via email or other means you grant to Operator and its Service
Providers, Affiliates and Business Partners an irrevocable, non-exclusive,
royalty-free, sublicensable, worldwide license (including but not limited to a
copyright license) to prepare derivative works, use, reproduce, display, publicly
perform, transmit and distribute such Information and derivative works thereof for
any purpose.
6. User Conduct – Security. In using any of the Sites, you agree not to:
(a) disrupt or interfere with the security of, or otherwise abuse, the Sites, or any
services, system resources, accounts, servers or networks connected to or
accessible through the Sites or affiliated or linked websites;
b) disrupt or interfere with any other user’s enjoyment of the Sites or affiliated or
linked websites;
(c) upload, post, or otherwise transmit through or on any Sites any viruses or other
harmful, disruptive or destructive files;
(d) use or attempt to use another’s account, service or system without authorization
from Operator or create or use a false identity on any Sites;
(e) transmit through or on any Sites spam, chain letters, junk mail or any other type
of unsolicited mass email to people or entities who have not agreed to be part of
such mailings;
(f) attempt to obtain unauthorized access to any Site or portions of any Site that are
restricted from general access (“Limited Access Areas”);
(g) grant access to or use of any Limited Access Areas of any Sites to any third
party without Operator’s prior consent (evidenced by Operator’s issuance of valid
user name and password); or
(h) use the user name or password of any other person at any time.
You also agree to keep any user name and password issued to you safe from
disclosure to third parties, and to be responsible for all actions and communications
undertaken or transmitted under your account.
7. User Conduct – Online Communities and Other Interactive Areas. The
Sites may contain areas where you may post and share comments with other Site
users on a variety of subjects. You agree that you will not post or otherwise
disseminate on or through any of the Sites unlawful, harassing, libelous, tortious,
abusive, offensive, threatening, or obscene communications or material of any
kind, or materials which infringe or violate any third party’s copyright, Trademark,
trade secret, privacy or other proprietary or property right, or that could constitute a
criminal offense, give rise to civil liability or otherwise violate any applicable law or
regulation; or, that are otherwise objectionable, including without limitation, content
that evidences bigotry, racism, sexism, or hatred, or that promotes or conveys
information about illegal activities or harm against anyone. Operator reserves the
right but not the obligation to remove any materials it deems objectionable. You
agree to hold harmless Operator and its Affiliates, Service Providers and Business
Partners from all claims based upon communications made or materials posted by
others or the use by third parties of any Site.
8. Termination. Registered Users agree to notify Operator immediately when
he/she is no longer working for the company or other legal entity under which
access to the Sites was originally granted, or when such entity no longer consents
to such access. All termination notices must be sent to the Designated Address for
each Site to which the Registered User is registered, containing the following
header: “NOTICE OF TERMINATION/ CHANGE OF USER STATUS”. The notice
must specify the extent of and effective date of the termination/change, the user
name of the individual who is subject to the notice, and the Site(s) for which access
is terminated. This termination/change will not affect any obligations or rights of the
parties arising before the effective date of termination or change. Termination will
be deemed effective at the earlier of: (a) transmission of an Acknowledgment from
Operator to the user expressly confirming the termination; or (b) midnight on the
first business day following Operator’s receipt of the termination notice.
9. Links and Third Party Content.
(a) Links to Other Websites. The Sites may from time to time contain links to
other websites or other Internet information sources (“Third Party Sources”). These
links are provided as a convenience and do not constitute an approval,
endorsement, sponsorship or recommendation by Operator of – or responsibility
for – the third parties or the linked Third Party Sources or any content, services or
products available on or through such Third Party Sources.
(b) Links from Other Websites. All links to any Site must be approved in writing
by Operator, except that Operator consents to links in which: (i) the link is a
text-only link containing only the name “Anp Trading Website ” or the URL
“http://www.anptrading.it”; (ii) the link “points” only to and not to anptrading.it
pages; (iii) the link, when activated by a user, displays this page full-screen in a
fully operable and navigable browser window and not within a “frame” on the linked
website; (iv) the appearance, position, and other aspects of the link may neither
create the false appearance that an entity or its activities or products are
associated with or sponsored by Operator or its Service Providers, Affiliates or
Business Partners nor be such as to damage or dilute the goodwill associated with
the name and trademarks of Operator or its Service Providers, Affiliates or
Business Partners. Operator reserves the right to revoke this consent to link at any
time in its sole discretion.
(c) Third Party Content. Any Site may contain material, data or information
provided, posted or offered by third parties, including but not limited to
advertisements and postings in online community discussions. You agree that
neither Operator nor its Service Providers, Affiliates nor Business Partners shall
have any liability whatsoever to you for any such third party material, data or
information.
10. Disclaimers. Unless Operator or one of its Service Providers, Affiliates or
Business Partners agrees otherwise in a separate writing, the following terms apply
to all activity on the Sites.
(a) THESE SITES, THEIR CONTENT AND THE AVAILABILITY OF LISTED
PARTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. YOU EXPRESSLY AGREE THAT USE OF ALL SITE(S) AND/OR THEIR
CONTENT IS AT YOUR SOLE RISK.
(b) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, OPERATOR AND ITS SERVICE PROVIDERS, AFFILIATES AND
BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE
OF ANY SITE WILL NOT EXPAND OPERATOR’S LIABILITY BEYOND THE
LIMITS OF ANY CONTRACT UNDER WHICH ACCESS HAS BEEN GRANTED.
YOU UNDERSTAND AND AGREE THAT OPERATOR IS NOT RESPONSIBLE
FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, LOSS
OF DATA OR MISDELIVERIES THAT RESULT FROM USE OF THE SITE OR
DOWNLOAD OF ANY CONTENT, DATA AND/OR SOFTWARE FROM THE
SITES. OPERATOR ASSUMES NO RESPONSIBILITY FOR AND MAKE NO
WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY,
COMPLETENESS, RELIABILITY, COMPATIBILITY OR USEFULNESS OF
CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE THROUGH
THE SITES. OPERATOR AND ITS SERVICE PROVIDERS, AFFILIATES AND
BUSINESS PARTNERS DO NOT MAKE ANY WARRANTY THAT ANY SITE OR
ITS CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS,
IF ANY, WILL BE CORRECTED.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN AN APPLICABLE WRITTEN CONTRACT.
(d)THE SITES TOGETHER WITH ANY DOCUMENTS ISSUED BY OPERATOR
OR ITS SERVICE PROVIDERS, AFFILIATES OR BUSINESS PARTNERS AND
AVAILABLE THROUGH THE SITES MAY CONTAIN CERTAIN
“FORWARD-LOOKING STATEMENTS” WITHIN THE MEANING OF THE
PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THESE
STATEMENTS ARE BASED ON MANAGEMENT’S CURRENT EXPECTATIONS
AND ARE SUBJECT TO UNCERTAINTY AND CHANGES IN CIRCUMSTANCES.
ACTUAL RESULTS MAY DIFFER MATERIALLY FROM THESE EXPECTATIONS
DUE TO CHANGES IN GLOBAL ECONOMIC, BUSINESS, COMPETITIVE
MARKET AND REGULATORY FACTORS. MORE DETAILED INFORMATION
ABOUT THOSE FACTORS IS CONTAINED IN OPERATOR’S FILINGS WITH
THE SECURITIES AND EXCHANGE COMMISSION.
(e) ALTHOUGH DATA, QUOTES, STATUS REPORTS, TECHNICAL DRAWINGS,
CONFIGURATIONS, AND CATALOG LISTINGS ON THE SITES ARE BELIEVED
TO BE ACCURATE, YOU SHOULD INDEPENDENTLY EVALUATE THE
ACCURACY OF THE INFORMATION AND THE USEFULNESS TO YOUR
PARTICULAR NEEDS OF ANY PRODUCT OR SERVICE. SPECIFICATIONS
FOR PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT
NOTICE, AND OPERATOR AND ITS SERVICE PROVIDERS, AFFILIATES AND
BUSINESS PARTNERS RESERVE THE RIGHT TO MAKE CHANGES WITHOUT
NOTICE TO PROCESSING, MATERIALS, OR CONFIGURATION. PRODUCTS
LISTED IN ONLINE CATALOGS ARE NOT GUARANTEED TO BE AVAILABLE
AT THE TIME OF YOUR ORDER.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE, SHALL OPERATOR OR ITS
AFFILIATES, SERVICE PROVIDERS, BUSINESS PARTNERS, VENDORS, OR
SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN
OPERATOR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE
USE OF OR THE INABILITY TO USE ANY SITE OR ANY CONTENT
CONTAINED ON ANY SITE, OR RESULTING FROM UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER
INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE PROVISIONS OF THIS SECTION 11 AND SECTION 10
ABOVE SHALL ALSO APPLY TO PROTECT THE PARENTS AND
SUBSIDIARIES OF OPERATOR AND ITS AFFILIATES, SERVICE PROVIDERS,
BUSINESS PARTNERS, VENDORS, AND SUPPLIERS, AND THE OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THEM, WHO ARE
THIRD PARTY BENEFICIARIES OF THIS AGREEMENT FOR THIS PURPOSE,
AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
12. General.
(a) International. Your access to any Site from territories where its contents may
be illegal is prohibited.
(b) Compliance with Export Control Laws. All transactions and other activity on
any Site shall at all times be subject to and conditioned upon compliance with all
applicable export control laws and regulations and any amendments thereof of the
Italian and user’s country. User hereby agrees that it shall not, except as said laws
and regulations may expressly permit, make any disposition by way of
transshipment, re-export, diversion or otherwise, of technical information (including
but not limited to technical data and software) made available on or through any
Site, or the direct product thereof, other than as permitted by applicable export
control laws and regulations. Additional export restrictions, including those relating
to nuclear technical data, information, software, assistance and services, may also
apply, as stated in the Terms of Use or Supplemental Terms of Use for a particular
Site or any applicable agreement. All obligations in this paragraph survive any
termination of site access, and discharge of any other contract obligations.
(c) Applicable Law. These Terms shall be governed by and construed in
accordance with the laws of the Italian country, and the federal laws of the United
States of America, without giving effect to its conflict of laws provisions. You agree
to submit to the personal and exclusive jurisdiction of the state or federal courts
located within the Italian State for any disputes arising from or related to any Site or
these Terms. You also agree that you will comply with all applicable local, state,
national and international laws and regulations, including but not limited to Italian
export restrictions, that relate to your use of or activities on this Site.
(d) English Language. The parties agree that there shall be no requirement to
translate any of the Sites, or any portion thereof or content thereon, into any other
language than the one in which they appear, and that all contractual and
transactional communications shall be in the English language, and that there shall
be no requirement to translate any communication into any other language.
(e) Enforceability. These Terms are not intended to alter the terms or conditions
of any other agreement you may have with Operator or its Service Providers,
Affiliates or Business Partners to the extent that those agreements govern issues
other than your use of any of these Sites, nor any agreements that they may have
with one another. Should any provision in these Terms be found invalid or
unenforceable for any reason, that provision shall be deemed severable from the
Terms and shall not affect the validity or enforceability of the remaining provisions.
You agree that any claim arising out of or related to the terms or your use of the
Site must be filed within one year after it arose or be permanently barred.