Terms
and Conditions of Use
Please
read these terms and conditions (the “Terms”) carefully before
using the Danfoss Bauer Web Site ("Site"). By using the Site
you signify your consent to these Terms. If you do not agree
to the Terms please do not use the Site. The Terms addresses
your legal rights and obligations and includes important
disclaimers and choice of law and forum provisions. Please
read carefully. The Terms apply to all web sites of the
Danfoss Bauer Group, including sites for registered users.
Ownership of the Site
The Site is owned and operated by
Danfoss Bauer GmbH (hereinafter referred to as Danfoss Bauer),
a corporation incorporated under the laws of Germany, having
its principle office in Esslingen.
Use License
Please feel free to browse the
Site. Danfoss Bauer grants you permission to view this Site
and to print or download material displayed on the Site for
your own personal, non-commercial use, provided that you agree
to and accept without modification the notices, terms and
conditions set forth in this agreement and provided that you
keep intact all copyright, trademark and other proprietary
notices. You may not however copy, reproduce, republish,
upload, transmit or distribute in any way the contents of this
Site, including the text, images, audio and video for public
or commercial purposes, without written permission from
Danfoss Bauer. You are also prohibited from using any content
of this Site in a frame on any other internet site in any way.
Your use of this Site constitutes your agreement and
acceptance without modification of the notices, terms and
conditions set forth herein. In addition as a condition of
your use of this Site, you represent and warrant to Danfoss
Bauer that you will not use this Site for any purpose that is
unlawful, immoral or prohibited by these terms, conditions and
notices.
User Submissions
Any communication or material that you
transmit to the Site by e-mail or otherwise is, and will be
treated as non-confidential and non-proprietary information.
Anything you transmit or post may be used by Danfoss Bauer for
any purpose. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, libellous,
defamatory, obscene, pornographic, or other material that may
violate any law.
Links to and from other materials
Danfoss Bauer may provide hyperlinks
to third party sites. The linked sites are not under the
control of Danfoss Bauer and in no way is Danfoss Bauer
responsible for the content of any such linked site or for the
content of any site linked to such linked site. Danfoss Bauer
does not endorse companies or products to which it may provide
hyperlinks and Danfoss Bauer reserves the right to note as
such on its Site. Danfoss Bauer reserves the unilateral right
to terminate any link or linking program at any time. If you
decide to access any of the third party sites linked to this
Site, you do so at your own risk. Third parties may only
provide hyperlinks to the Danfoss Bauer main homepage. Any
links to underlying sites require a prior written approval
from Danfoss Bauer.
Content
Danfoss Bauer takes great care in
creating and maintaining this Site, and in providing accurate
and up-to-date content such as, but not limited to, price
quotations and product descriptions. However, the content of
this Site is subject to frequent modifications without prior
notice. Therefore, Danfoss Bauer does not guarantee the
correct and actual status of said content.
The visitors to the Site accept Danfoss Bauer' exoneration of
any liability whatsoever for the content of the Site, the
software on the Site or for any use made of it.
Intellectual Property
The texts, layouts, drawings,
databases and other items on this Site, as well as the Site
itself, are protected by copyright and by the right of the
producer of the database. Some of the names, signs and logos
on this Site are protected trademarks or trade names.
Nothing contained on the Site should be construed as granting
any license or right to use any trademark, displayed on the
Site without the written permission from Danfoss Bauer or such
third party that may own the trademarks displayed on the Site.
Any copy, adaptation, translation, arrangement, modification,
or any use whatsoever of the whole or of any part of this Site
of its protected elements, in any form and by any means, is
strictly prohibited.
Data Protection
Danfoss Bauer collects and processes
information on the behaviour of the users of this Site for
statistical and marketing purposes. The user has the right to
oppose, free of charge, the processing for marketing purposes
of the data concerning him, and has the right to access
personal data and correct such data. For more information
regarding the data that Danfoss Bauer collects and the
measures Danfoss Bauer takes to protect the privacy of its
user data please refer to the Danfoss Bauer Privacy Policy.
Liability
Your use of and browsing in this Site
is at your own risk. Danfoss Bauer does not warrant that the
software used for this Site, and the information, the on-line
applications, or any other services provided by means of this
Site are error-free, or that their use will be uninterrupted.
Danfoss Bauer expressly disclaims all warranties related to
the above-mentioned subject matter, including, without
limitation, those of accuracy, condition, merchantability and
fitness for particular purpose.
Notwithstanding anything to the contrary in this Site, in no
event shall Danfoss Bauer be liable for any loss of profits,
revenues, indirect, special, incidental, consequential, or
other similar damages arising out of or in connection with
this Site or out of the use of any of the services proposed by
means of this Site.
DISCLAIMER
THE MATERIAL AND CONTENT POSTED ON
THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS WARRANTY OR
IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL DANFOSS
BAUER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE MATERIALS, EVEN IF DANFOSS BAUER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions prohibit the exclusion or
limitation of liability for consequential and or incidental
damages, the above limitation may not apply to you.
Furthermore, Danfoss Bauer does not warrant the accuracy or
completeness of information of links or other items contained
within these materials that have been provided by third
parties.
Product Orders
While Danfoss Bauer will use
its best efforts to fulfil all orders, Danfoss Bauer cannot
guarantee the availability of any particular product displayed
on this Site. Danfoss Bauer reserves the right to discontinue
the sale of any product listed on this Site at any time
without notice.
Updates
Danfoss Bauer reserves the unilateral
right to update, modify, change and alter its Terms and
Privacy Policy at any time. All such updates, modifications,
changes and alterations are binding on all users and browsers
of the Danfoss Bauer Site and will be posted here.
Software Licenses
You shall have no rights to the
proprietary software and related documentation, or any
enhancements or modifications thereto, which may be provided
to you in order to access specified areas within the Site. You
may not sublicense, assign or transfer any licenses granted by
Danfoss Bauer, and any attempt at such sublicense, assignment
or transfer shall be null and void. You may not otherwise
copy, distribute, modify, reverse engineer, or create
derivative works from such software.
Choice of Law and Forum Provisions
This Site resides on a server
in Germany. You agree that these Terms and your use of this
Site are governed by the laws of Germany.
You hereby consent to the exclusive jurisdiction and venue of
the courts, tribunals, agencies and other dispute resolution
organizations in Germany in all disputes (a) arising out of,
relating to, or concerning this Site and/or these Terms, (b)
in which this Site and/or these Terms is an issue or a
material fact, or (c) in which this Site and/or these Terms is
referenced in a paper filed in a court, tribunal, agency or
other dispute resolution organization. Danfoss Bauer has
endeavoured to comply with all legal requirements known to it
in creating and maintaining this Site, but makes no
representation that materials on this Site are appropriate or
available for use in any particular jurisdiction. You are
responsible for compliance with applicable laws. Any use in
contravention of this provision or any provision of these
Terms is at your own risk and, if any part of these Terms is
invalid or unenforceable under applicable law, the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of
the original provision and the remainder of these Terms shall
govern such use.