[{"command":"settings","settings":{"basePath":"\/","pathPrefix":"","colorbox":{"opacity":"0.85","current":"{current} of {total}","previous":"\u00ab Prev","next":"Next \u00bb","close":"Close","maxWidth":"98%","maxHeight":"98%","fixed":true,"mobiledetect":true,"mobiledevicewidth":"480px","specificPagesDefaultValue":"admin*\nimagebrowser*\nimg_assist*\nimce*\nnode\/add\/*\nnode\/*\/edit\nprint\/*\nprintpdf\/*\nsystem\/ajax\nsystem\/ajax\/*"}},"merge":true},{"command":"modal_display","title":"Customer Service Portal - Conditions of Use","output":"\u003Cdiv class=\u0022container\u0022\u003E \u003Cdiv class=\u0022col-md-12\u0022\u003E \u003Cdiv class=\u0022panel-region panel-region--content\u0022\u003E \u003Carticle class=\u0022legal clearfix\u0022\u003E \u003Cdiv class=\u0022wrapper\u0022\u003E \u003Cp\u003EPlease read the following terms and conditions (hereinafter: \u003Cstrong\u003E\u201cCondition of Use\u201d\u003C\/strong\u003E) carefully before using the \u003Cstrong\u003E\u201cCustomer Service Portal\u201d\u003C\/strong\u003E. By log-on and using the \u201cCustomer Service Portal\u201d, your Company (hereinafter: the \u003Cstrong\u003E\u201cCustomer\u201d\u003C\/strong\u003E) signify its agreement to be bound by these Condition of Use. Considering that by the Customer Service Portal Fabio Perini S.p.A. and\/or its subsidiaries (hereinafter, jointly: \u003Cstrong\u003E\u201cFP\u201d\u003C\/strong\u003E) offers different services, when the Customer uses a specific service (for example: the \u201cShop on-line\u201d), the Customer will also be subject to the further terms and conditions applicable to the relevant service (hereinafter: the \u003Cstrong\u003E\u201cProducts \u0026 Services Conditions\u201d\u003C\/strong\u003E). In case of any inconsistencies between these Conditions of Use and any Products \u0026 Service Conditions, such latter shall prevail. FP may revise and update these Conditions of Use from time to time in its sole discretion.\u003C\/p\u003E \u003Cp\u003E\u003Cu\u003E\u003Cstrong\u003E1. PRIVACY\u003C\/strong\u003E\u003C\/u\u003E\u003C\/p\u003E \u003Cp\u003E1.1 Personal data treated during the use of the Customer Service Portal will be elaborated and stored by FP pursuant to the provisions of the EU Regulation 2016\/679 and Italian Legislative Decree no. 196\/2003 and subsequent amendments regarding the protection of personal data.\u003C\/p\u003E \u003Cp\u003E1.2 Customer declares to have carefully read the customer information, made available by FP in the section \u201cLegal notes\/privacy\u201d of its website (accessible also at the following link: \u003Ca href=\u0022https:\/\/www.fabioperini.com\/it\/personal-data\u0022\u003Ehttps:\/\/www.fabioperini.com\/it\/personal-data\u003C\/a\u003E) pursuant to article 13 of the EU Regulation 2016\/679, aware of its own rights as described in article 15 and following of such EU Regulation. \r\n\u003C\/p\u003E \u003Cp\u003E 1.3 FP may collect Personal Data regarding Customer or its employees which Customer voluntarily chooses to provide. Personal Data may include your: name, physical address, geolocation, e-mail address, phone numbers, product serial numbers and company name. Any Personal Data that Customer provides to FP will be used only for such purposes as are described either in these Conditions of Use or at the point of collection, including the following: (a) providing goods or services at your request and communicating information about your transactions through the Customer Service Portal; (b) responding to your questions or comments; (c) notifying Customer of new products and promotions; and (d) creating\/managing Customer\u2019s log-in\/account within the Customer Service Portal; \u003C\/p\u003E \u003Cp\u003E 1.4 FP will not disclose Personal Data to third parties, except in the following circumstances: (a) when required to complete a purchase, delivery or service that Customer has requested; (b) to respond to an inquiry, request, comment or complaint that Customer has made; (c) to other FP affiliates and subsidiaries, or any subsequent owner or operator of the Customer Service Portal if FP assigns its rights and obligations regarding any Personal Data at the time of a merger, acquisition, or sale of all or substantially all of its assets; (d) with business partners who help FP collect and analyze Personal Data and other data, who are subject to commercially reasonable confidentiality obligations; (e) when FP is required by law or court order to disclose, or FP believes in good faith that the law requires it; (f) when disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, FP\u2019s rights or property; or (g) in any other circumstances when Customer has given its consent to such disclosure. \u003C\/p\u003E \u003Cp\u003E 1.5 Residents of the State of California have the right to obtain 1) a list of all third parties to whom FP may have disclosed their Personal Data within the past year for direct marketing purposes; and 2) a description of the categories of Personal Data disclosed. FP does not use Personal Data of California residents for direct marketing purposes. \u003C\/p\u003E \u003Cp\u003E\u003Cu\u003E\u003Cstrong\u003E2. INTELLECTUAL PROPERTY RIGHTS\u003C\/strong\u003E\u003C\/u\u003E\u003C\/p\u003E \u003Cp\u003E2.1 FP is the sole owner or the authorized licensee of the intellectual property rights, including trademarks, regarding all content included in or made available through the Customer Service Portal, such as text, drawings, graphics, logos, images, audio clips, digital animations and software. \u003C\/p\u003E \u003Cp\u003E2.3 FP grants to the Customer a non-exclusive, non-transferable, without the right to sub-license right to use documentation and\/or software included in or made available through the Customer Service Portal, subject to the Customer\u2019s compliance with these Conditions of Use and the terms and conditions set forth under an individual agreement (if any) or under the Products \u0026 Service Conditions.\u003C\/p\u003E \u003Cp\u003E2.4 Customer shall not modify, reproduce, reverse engineer (neither directly or by any third party), license, disclose or otherwise make available to third parties any content included in or made available through the Customer Service Portal. Unauthorized use of the content may violate Intellectual Property Laws. All rights not expressly granted to the Customer in these Conditions of Use are reserved and retained by FP or its licensors. \u003C\/p\u003E \u003Cp\u003E 2.5 In submitting any comments, suggestions, or improvements related to FP\u2019s products and services (\u201cCustomer Suggestion\u201d) to FP via this website, Customer represents and warrants to FP that Customer owns or has the legal right to use such Customer Suggestion and that the content in the Customer Suggestion is true and accurate. Except to the extent of any information provided by Customer regarding Customer\u2019s products, services, or business that is either marked confidential or should reasonably be assumed to be confidential and proprietary (collectively, \u201cCustomer Confidential Information\u201d), Customer Suggestions will be treated as non-confidential and non-proprietary. By submitting any Customer Suggestion, Customer grants FP and its affiliates, and each of their respective licensees, successors and assigns, the nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, perform, display, adapt, publish, translate, prepare derivative works from, and disclose to third parties any such Customer Suggestions (but not any Customer Confidential Information) for any purpose. By submitting any Customer Suggestion to our website, Customer waives any right to compensation of any type for such Customer Suggestion. \u003C\/p\u003E \u003Cp\u003E 2.6 Customers are prohibited from: (a) posting or transmitting to or from this website any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability as determined in the sole discretion of FP, or (b) posting any content that is confidential, proprietary, invades the privacy or publicity rights of others or violates the intellectual property rights of any third party. Customer agrees to indemnify FP for any and all damages resulting from Customer Suggestions that violate these Conditions of Use. FP reserves the right to prohibit further Customer Suggestions by any Customer for violation of these Conditions of Use. \u003C\/p\u003E \u003Cp\u003E\u003Cu\u003E\u003Cstrong\u003E3. ACCESS TO CUSTOMER\u2019S ACCOUNT\u003C\/strong\u003E\u003C\/u\u003E\u003C\/p\u003E \u003Cp\u003E3.1 Access to the Customer Service Portal is password protected. FP shall assign an Administrator Username and an Administrator Password to an individual employee of the Customer who is identified by the Customer itself as being responsible for the administration of the Customer Service Portal (hereinafter: the \u201cCustomer Administrator\u201d). Further Usernames and Passwords shall be assigned by FP to the Customer for each of the other authorized employees of the Customer who are granted access to the Customer Service Portal (hereinafter, an individual employee of Customer, including Customer Administrator, who has been authorized by Customer to access the Customer Service Portal shall be defined as \u003Cstrong\u003E\u201cUser\u201d\u003C\/strong\u003E). \u003C\/p\u003E \u003Cp\u003E3.2 Customer is solely responsible for the use made of all Usernames and Passwords provided by FP and for any acts or omissions during use of the Customer Service Portal by any User.\u003C\/p\u003E \u003Cp\u003E3.3 Customer must take reasonable steps to ensure that any Users keep their Usernames and Passwords strictly confidential. In particular, Customer must take reasonable steps to ensure that none of its Users: (i) disclose to another person or any third party its Usernames and\/or Password; or (ii) allow any third-party access to the Customer Service Portal.\u003C\/p\u003E \u003Cp\u003E3.6 Customer agrees to take reasonable steps to remove a User\u2019s access to the Customer Service Portal if he or she has ceased to be an employee of Customer or if Customer ceases for any reason to have the same control over the User as it does over the rest of its employees. \u003C\/p\u003E \u003Cp\u003E3.7 Customer agrees to take all reasonable steps to prevent misuse of the Customer Service Portal by Users, including steps to prevent Users who have had their authorization to access the Customer Service Portal withdrawn, from further accessing the Customer Service Portal. Customer shall ensure that the Customer Service Portal shall not be used in any manner which may be in contravention of any laws or regulations.\u003C\/p\u003E \u003Cp\u003E\u003Ca name=\u0022_GoBack\u0022\u003E\u003C\/a\u003E3.8 Customer shall expressly waive any claim for damages connected or deriving from the use of the Customer Service Portal and it shall indemnify, defend and hold harmless FP from any claims and damages deriving from any misuse of the Customer Service Portal and of the IDs and Passwords provided by FP.\u003C\/p\u003E \u003Cp\u003E\u003Cu\u003E\u003Cstrong\u003E4. CONFIDENTIALITY\u003C\/strong\u003E\u003C\/u\u003E\u003C\/p\u003E \u003Cp\u003E4.1 Subj\tect to the regulation set forth under Art. 2.5 above, FP undertakes to Customer that it shall (i) keep secret and not to disclose any Customer Confidential Information to any third party (other than the further companies belonging to Koerber Group and\/or FP\u2019s agents), and to hold in strictest confidence any Customer Confidential Information provided or made available to FP by or on behalf of Customer; and (ii) not to use any Customer Confidential Information made available to FP, pursuant to this Condition of Use otherwise than for the purpose of fulfilling its obligations under the relevant Products \u0026 Services Conditions.\u003C\/p\u003E \u003Cp\u003E4.2 Customer undertakes to FP that it shall (i) keep secret and hold in strictest confidence any Information provided or made available by FP; (ii) not use any Information otherwise than for the purpose of fulfilling its obligations under the relevant Products \u0026 Services Conditions.\u003C\/p\u003E \u003Cp\u003E4.3 For the purposes of this Clause 4, Information means any and all information which is disclosed or is made available in connection with the use of the Customer Service Portal to the other party (but excluding any information which is or subsequently becomes in the public domain or known to the recipient at the time of disclosure or which subsequently becomes known to the recipient other than as a result of a breach of an obligation of confidentiality).\u003C\/p\u003E \u003Cp\u003E\u003Cu\u003E\u003Cstrong\u003E5. AVAILABILITY OF THE CUSTOMER SERVICE PORTAL\u003C\/strong\u003E\u003C\/u\u003E\u003C\/p\u003E \u003Cp\u003E5.1 FP will do its utmost to ensure that availability of the Customer Service Portal will be uninterrupted. However, due to the nature of the internet, this cannot be guaranteed. Also, the access to Customer Service Portal may also be occasionally suspended or restricted to allow for repairs, maintenance, update, or the introduction of new facilities or services. FP will attempt to limit the frequency and\/or the duration of any such suspension or restriction.\u003C\/p\u003E \u003Cp\u003E5.2 In any case, FP shall not be responsible for (i) losses that were not caused by any breach on FP part, or (ii) for any indirect, incidental, consequential, punitive or special damages of any kind, including but not limited to loss of profits, loss of production, etc.\u003C\/p\u003E \u003Cp\u003E\u003Cu\u003E\u003Cstrong\u003E6. CONTENT AND WARRANTY DISCLAIMER\u003C\/strong\u003E\u003C\/u\u003E\u003C\/p\u003E \u003Cp\u003E6.1 Notwithstanding the best effort and diligence used by FP in selecting and uploading all the contents made available on the Customer Service Portal, because of the huge amount of such information, data and designs, FP shall not warrant their completeness, precision or accuracy . ALL INFORMATION MADE AVAILABLE TO THE CUSTOMER ON THIS WEBSITE IS PROVIDED ON AN \u201cAS-IS\u201d AND \u201cAS AVAILABLE\u201d BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. FP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. FP FURTHER MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT. THE WEBSITE AND CONTENT MAY BE OUT OF DATE. FP CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE CODE. FP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL. FP. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS WEBSITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT. \u003C\/p\u003E \u003Cp\u003E6.2 For the above mentioned reason, FP shall be discharged from any claims, rights, demands, actions, and liability deriving from any error or incompleteness of the Customer Service Portal\u2019s content. \u003C\/p\u003E \u003Cp\u003E\u003Cu\u003E\u003Cstrong\u003E7. APPLICABLE LAW AND JURISDICTION\u003C\/strong\u003E\u003C\/u\u003E\u003C\/p\u003E \u003Cp\u003E7.1 The Conditions of Use will be subject to Italian law without regard to its conflict of laws principles.\u003C\/p\u003E \u003Cp\u003E7.2 All disputes arising out of or in connection with the present Condition of Use shall be exclusively settled by the ordinary courts of Lucca (Italy), and Customer hereby submits to and waives any objection to the jurisdiction and venue of such courts. Notwithstanding the foregoing, FP reserves the right to bring any suit, action or proceeding against Customer in Customer\u2019s country of residence or in any other relevant jurisdiction. \u003C\/p\u003E \u003Cp\u003E\u003Cu\u003E\u003Cstrong\u003E8. INDEMNIFICATION\u003C\/strong\u003E\u003C\/u\u003E\u003C\/p\u003E Customer agrees to defend, indemnify, and hold harmless FP, its affiliates and licensors, and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney\u2019s fees) arising out of or related to Customer\u2019s violation of these Conditions of Use or its use of the website or its content, including but not limited to Customer Suggestions. \u003C\/p\u003E \u003C\/div\u003E \u003C\/article\u003E \u003C\/div\u003E \u003C\/div\u003E \u003C\/div\u003E \u003C\/div\u003E\t"}]