Last Updated on January 1, 2023
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses.
We are registered in Italy and our VAT number is IT12649030017. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions of Use. IF YOU DO NOT AGREE TO THESE TERMS, THE YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
These Terms and Conditions of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Elisa Tron (VAT IT12649030017) (“Company” or “We” or “Us” or “Our”) concerning your access to and use of the website (https://elisatron.com/) as well as any other program, product, service, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions of Use by your continued use of the Site after the date such revised Terms and Conditions of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if Your interactions would be subjected to such laws, You may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 16 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions of Use prior to you using the Site. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website.
INTELLECTUAL PROPERTY NOTICE
All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by and property of Elisa Tron, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. You may use our intellectual property with clear and obvious credit back to our site, as well as links back to the page where the materials, designs, images, text, quote, or post are located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.
INTELLECTUAL PROPERTY PROTECTION AND PERSONAL USE
On this Site, we may provide free products for download as well as sell paid courses, programs, physical or digital products, and any other related materials (collectively, the "Products" or "Services").
We grant you a single non-exclusive, non-transferable, non-sublicensable, license to download, view, copy, and/or print any products you purchase from the Site or materials requested via email solely for your personal, non-commercial use [with respect to your business]. You may not share the contents of any product or the product itself with any third-party organizations or others.
You may not share your login credentials for elisatron.com or any e-course from elisatron.com with any third party for any reason. You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these Terms and Conditions of Use.
Each product license is for one copy of the product software, which is licensed directly to you for your personal or business use. You are not permitted to use the Product on multiple websites if you have multiple businesses or personal uses, each license is for a singular type of use. Any violation of this clause shall result in an immediate termination of your license to use the product and a fee of four thousand ($4,000.00) dollars, not as a penalty, that you will be obligated to pay to the Company as liquidated damages for this infringement of their product and breaking your license.
Upon the termination of this license, you shall delete and/or destroy all downloaded and/or printed copies of the materials from Beccaluna.com obtained therefrom.
You agree that you will not use the ideas, contents, materials, designs, or any form of intellectual property in any products and/or e-courses you purchase from the Site to create a competing product.
Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms and Conditions of Use; (2) you are not under the age of 16; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (4) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is-
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the website, and
(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions of Use.
Our website may feature testimonials. They are examples from past clients. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our website, products, and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
CIVIL AND CRIMINAL PENALTIES
We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Italy by opting into or purchasing any Product(s) or Service(s) or accessing its related communications and/or materials.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
The Site may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our Terms and Conditions of Use.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 6-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree at all times to defend, hold harmless, and indemnify Elisa Tron (P.IVA 12649030017) and elisatron.com and any affiliates, agents, or other party associated with Elisa Tron (P.IVA 12649030017) and elisatron.com from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email, as well as any third-party claims of any kind arising from your actions in relation to our website.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
WAIVER OF CLASS ACTIONS
You and the Company agree that all users located in the United States may only bring disputes against the Company on their own behalf, and not on behalf of any other person or entity, or any class of people. You and the Company agree not to participate in any class action, class arbitration, or consolidated disputes.
We will maintain certain data that you transmit to the site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe and Paypal. By utilizing these payment processors, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Product(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Product(s) or related material(s).
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Due to the nature of the Services provided and the extensive information offered upon purchase, all sales of Products and/or Services on this Site are final. No refunds will be issued. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind.
If you are located in the EU, you'll have to sign a waiver of withdrawal right before your purchase.
You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of Our Products. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
If You have signed up for a payment plan, You hereby authorize Our continued access to Your financial information stored by Our third-party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
Elisa Tron reserves the right to charge a $35 late fee after a 3 day grace period of when payments are due. If payments are delinquent beyond 30 days, project balance will be immediately DUE IN FULL. If payment delinquency goes beyond 45 days, balance will be submitted for collections.
$100 due March 1
$135 due March 4
TOTAL BALANCE DUE April 1
Sent to Collections April 15
After 45 days of outstanding payment, Elisa Tron reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
Any dispute arising from the relationships between the parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the arbitration and internal rules of the European court of arbitration being part of the European center of arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Torino, Italy. The language of the proceedings shall be Italian. Applicable rules of substantive law shall be the law of Italy.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
LAW AND JURISDICTION
ALL RIGHT RESERVED
All rights not expressly granted in these Terms and Conditions of Use or any express written here are reserved by Company.
Via Pompeo Colajanni 4
These Terms and Conditions of Use are fully effective as of April 1st, 2021.