terms of service

Last updated: March 8, 2023

These Terms of Service apply to our websites, microsites, mobile versions of these websites, and mobile applications (collectively, the “Website”) that expressly adopt and display or link to these Terms of Service, as may be revised from time to time, and that are owned, operated or controlled by Genuss, LLC dba Elektröko (collectively, “Elektröko,” “we,” ‘our,” or “us”).

PLEASE READ THE BELOW TERMS CAREFULLY BEFORE USING THE WEBSITE. By accessing or using the Website, you (the “User,” “you,” or “your”) are accepting and agreeing to be bound by these Terms of Service. If you are accessing or using the Website in the course of your job duties on behalf of your employer, then: (i) you represent and warrant that you have the right and authority to accept and agree to these Terms of Service on behalf of your employer, (ii) you are accepting and agreeing to be bound by these Terms of Service on behalf of your employer, and (iii) your employer shall be deemed to be the “User” for all purposes hereof. If you do not agree to these Terms of Service, you may not use the Website.

PLEASE NOTE THAT THESE TERMS OF SERVICE MAY REQUIRE YOU TO SUBMIT DISPUTES TO ARBITRATION IN HAMILTON COUNTY, OHIO AND TO WAIVE CERTAIN RIGHTS WITH RESPECT TO THE BRINGING OF CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS. Review the Agreement to Arbitrate and Prohibition of Class and Representative Actions provisions below for additional details.

Content: All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, advertising copy, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of Elektröko and its licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms of Service. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of Elektröko.

Use of Website Content: The Website, including all Website Content, is provided as a resource for Users to learn more about Elektröko and its products and services. Subject to these Terms and Conditions, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for the User’s own non-commercial purposes. All rights not expressly granted are reserved by Elektröko and its licensors. This limited license may be revoked by Elektröko at any time for any reason or no reason.

Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by Elektröko and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms of Service or by virtue of the User’s use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Elektröko or the applicable rights holder.

Links: The Website may include links to third party websites not operated by Elektröko. These links are provided for the User’s convenience and in no way signify Elektröko’s endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED SITE IS AT THE USER’S OWN RISK, AND ELEKTRÖKO WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.

User Information: Some functionality of the Website may require the transmission of information provided by the User (“User Information”). User Information may include, but is not limited to, a User’s name, address, email address, telephone number, method of payment, credit card number, and billing information. The User agrees to provide accurate User Information, to keep the User Information provided to the Website current at all times, and to promptly update such information in the Website to the extent of any change. By using such functionality, the User consents to the transmission of User Information to Elektröko and/or its agents and authorizes Elektröko and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in our Privacy Policy, which is incorporated herein by reference.

Product Purchases via the Website: The Website may allow Users to make online purchases of products. Where a User makes such a purchase via the Website, all information obtained by Elektröko from the User in the course of such purchase, including User Information, may be collected by Elektröko, as well as our third party vendors, such as payment processing companies, responsible for facilitating the purchase. Be aware that such third party vendors may have their own terms of use and privacy policies that govern their services, and the User may be subject to such terms and policies in connection with making online purchases of products through the Website. Elektröko has no responsibility or liability for the independent policies and practices of such third party vendors.

Reservation of Rights: We reserve the right to do any of the following at any time without notice or liability to the User: (i) make modifications or improvements to the products made available for sale on the Website, (ii) suspend or terminate the sale of any product, (iii) change the product pricing or the terms or applicability of any promotional offers, or (iv) refuse to accept orders from any customer.

Orders: We cannot guarantee that products advertised or offered for sale on the Website will be available when ordered or thereafter. We reserve the right to limit the quantities of products sold or made available for sale. We reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the applicable price or other material information on the Website is inaccurate, where we have insufficient product quantities to fulfill the order, or for any other reason in our sole discretion. If we modify, cancel, or terminate an order, we will use reasonable efforts to notify the User of same and will either not charge the User the relevant amounts or will apply a credit to the payment method used for the order, as applicable.

Product and Order Restrictions: Unless otherwise indicated on the Website, products are intended for end use in the United States only and are not labeled or intended for international sale or distribution. Certain products are subject to state-specific regulations and approvals and, thus, may not be available for purchase in all U.S. states or territories.

Taxes: Unless otherwise indicated on the Website, all product prices are exclusive of any applicable taxes, duties, shipping charges or delivery fees. If we are legally required to collect sales tax on purchases made through the Website, we will automatically add the applicable sales tax amount to the purchase price.

Returns, Exchanges and Damaged Products: Unless otherwise indicated on the Website, products purchased via the Website may not be returned or exchanged. However, the User may be eligible to receive a replacement product if the product as received by the User suffered visible damage in the course of shipping. In order to request a replacement product, the User must send a photo of the damaged product (in which the damage is visible) along with the order number and the User’s name and contact information to orders@elektroko.com. If we validate the request, then we will ship to the User a replacement product of the same type originally ordered at no additional cost. In the event a suitable replacement product is not available to fulfill a validated request, then we will credit the purchase price of the damaged product(s) to the method of payment used for the original order. Product replacement requests must be received by Elektröko within seven (7) days after the delivery date of the original product. The User should not, in connection with a replacement product request or otherwise, ship any products back to Elektröko unless Elektröko has expressly directed the User to do so.

Resale: The User is prohibited from commercially reselling any of our products purchased via the Website unless we have specifically authorized the User to do so. This prohibition may not be applicable in all jurisdictions and therefore may not apply to all Users.

Additional or different terms and conditions in regard to the sale of particular products may be set out on the applicable Website and, in the event of a conflict between those Website terms and these Terms of Service, the terms and conditions on the applicable Website will control.

User Content: The Website may allow the User to upload photographs, videos, product reviews, feedback or other content (“User Content”). The User shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Elektröko platforms. The User shall retain ownership of all User Content and hereby irrevocably grants to Elektröko a non-exclusive, royalty-free, transferable, perpetual, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Elektröko platforms and otherwise for Elektröko’s business purposes. The User also grants to the other users of the Website and related Elektröko platforms a non-exclusive license to access the User Content via the Website and related Elektröko platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms of Service. The User grants Elektröko the right to identify the User as the author of any such User Content by name, email address, or screen name, and the User acknowledges that Elektröko has the right, but is not obligated, to use any such User Content and Elektröko may cease utilizing such User Content at any time for any reason. The User agrees not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish such content or materials, or to grant Elektröko the license to use such content or materials as described herein. The User acknowledges that Elektröko has no obligation to monitor or screen User Content submitted to the Website, but that Elektröko shall have the right (but not the obligation) to reject, remove or delete any User Content that violates these Terms of Service or that is otherwise objectionable.

Third Party Content: The User understands and agrees that Elektröko does not control and is not responsible for any content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third party content is at the User’s sole risk. Under no circumstances will Elektröko be liable for any such third party content or for any loss or damage resulting from the User’s use of, or reliance on, such third party content.

Acceptable Use: The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by Elektröko to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to our systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden our servers or networks, (viii) fails to comply with applicable third party terms, or (ix) employs bots, spiders or other automated data gathering or data extraction tools to collect information from the Website or other users. Elektröko reserves the right, in its sole discretion, to terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or Elektröko reasonably believes the User has engaged in or is engaging in, use that violates these Terms of Service. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms of Service.

Information Disclaimer: Elektröko attempts to be as accurate as possible regarding product descriptions, pricing and availability on the Website. However, Elektröko does not warrant that product descriptions or other Website Content are accurate, complete, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability.

Eligibility; Jurisdiction: The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms of Service and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. The Website is not intended for children under the age of 13, and we do not knowingly attempt to solicit or receive any information from children under the age of 13. Elektröko provides the Website for use in the United States of America only. Elektröko does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at the User’s sole risk and the User is responsible for complying with all applicable local laws.

Disclaimers: ELEKTRÖKO AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE CONTENT OR REPRESENT THAT THE WEBSITE OR THE WEBSITE CONTENT IS ERROR-FREE, IS CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS, OR WILL MEET THE USER’S REQUIREMENTS. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. ELEKTRÖKO DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE SECURE, TIMELY OR FREE OF DEFECTS. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties, so the above disclaimers may not apply to you to the extent any such jurisdiction’s law is applicable to these Terms of Service.

Limitation of Liability: USE OF THE WEBSITE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ELEKTRÖKO AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE WEBSITE OR THE WEBSITE CONTENT; (II) INABILITY TO ACCESS OR USE THE WEBSITE OR THE WEBSITE CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE WEBSITE; (IV) ANY COMMUNICATIONS, PRODUCTS OR SERVICES PROVIDED BY, OR REQUESTED FROM, ELEKTRÖKO VIA THE WEBSITE; OR (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEKTRÖKO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If the foregoing limitation of liability is held to be unenforceable, Elektröko’s maximum liability to the User shall not exceed the amount paid by the User for the products ordered through the Website.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent any such jurisdiction’s law is applicable to these Terms of Service.

Indemnity: Upon request by Elektröko, the User agrees to indemnify, defend and hold harmless Elektröko and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) the User’s use or misuse of the Website; (ii) the User’s violation of these Terms of Service; (iii) the User’s violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that the User Content resulted in damage to a third party. Elektröko reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Elektröko in asserting any available defenses.

Changes to Website: At any time and without notice to the User, Elektröko may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.

Changes to Terms: Elektröko reserves the right to change these Terms of Service at any time, and in its sole discretion, by posting an updated set of terms to the Website. The User’s access to or use of the Website after any such changes are so posted will constitute the User’s acceptance of, and agreement to be bound by, those changes.

Governing Law: These Terms of Service are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Hamilton County, Ohio for purposes of any legal action arising out of or related to these Terms of Service or use of the Website. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service or the User’s purchase of products via the Website.

Agreement to Arbitrate: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Notwithstanding anything to the contrary, any civil action, claim, dispute or proceeding arising out of or relating to these Terms of Service, access to or use of the Website, or our products will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Hamilton County, Ohio under the AAA’s rules and procedures, as modified by this section. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected by the arbitrator. The AAA’s rules are available at www.adr.org. Any award in an arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute. The payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of any of these procedures, shall be governed by the Federal Arbitration Act and resolved by the arbitrator.

All aspects of the arbitration shall be treated as confidential. The result of the arbitration shall be binding on the parties, and judgment on the arbitration award may be entered in any court having jurisdiction. Any cause of action or claim you may have directly or indirectly arising out of or relating to these Terms of Service or the Website (including the purchase of products via the Website) must be commenced within one (1) year after the claim or cause of action arises.

Prohibition of Class and Representative Actions: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Legal Notice For New Jersey Residents: Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms of Service shall not be applicable to New Jersey residents: (1) the provisions concerning limiting Elektröko’s liability for any loss or damage is not applicable to New Jersey residents to the extent Elektröko was negligent or has breached its obligation; (2) the provisions concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provisions concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms of Service.

Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Elektröko’s DMCA Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to Elektröko’s DMCA Agent by contacting us at:

Elektröko

Suite 190, Turfway Road

Erlanger KY

+1 513 268 3608

Attn: A.Schneidt

or

contact@elektroko.com

You acknowledge that if you fail to comply with all of the requirements detailed above, your DMCA notice may not be valid.

Severability: If any provision of these Terms of Service is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed entirely and the rest of these Terms of Service will be enforceable.

Electronic Communications: When you visit the Website or send e-mails to us, you are communicating with us electronically. We may, in our discretion, communicate with you electronically, including but not limited to, by posting notices on the Website or by responding to your e-mail. You agree to receive electronic communications from us and further agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Contact: Any questions, complaints, or claims regarding these Terms of Service or the Website should be directed to contact@elektroko.com.