COPYRIGHT
INFORMATION
Copyright 2002 All Right Reserved.
All
pages within this Internet site ("Site") are the
property of hp TECHNIK Geräte-, Pumpen- und Anlagenbau GmbH
("hp TECHNIK") and/or its affiliates. No portion of
the material on these pages may be reprinted or republished in any
form without the express written permission of hp TECHNIK Geräte-,
Pumpen- und Anlagenbau GmbH and/or its affiliates.
WARRANTY
DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT AND INFORMATION CONTAINED WITHIN
IT, ANY SITE-RELATED SERVICE, AND ANY PRODUCT OR SERVICE PURCHASED
OR MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS"
WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT.
WITH
RESPECT TO ANY THIRD PARTY PRODUCTS OR SERVICES DESCRIBED OR MADE
AVAILABLE IN CONNECTION WITH THE SITE, YOU ACKNOWLEDGE THAT ANY
WARRANTY THAT IS PROVIDED IN CONNECTION WITH SUCH THIRD PARTY
PRODUCTS OR SERVICES IS PROVIDED SOLELY BY THE THIRD PARTY
PROVIDER OF SUCH PRODUCTS OR SERVICES, AND NOT BY hp TECHNIK,
ITS OWNERS, SPONSORS, SITE DEVELOPERS OR AGENTS.
hp TECHNIK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY
OTHER WEB SITE THAT YOU MAY BE ABLE TO ACCESS THROUGH THIS SITE;
YOU UNDERSTAND THAT hp TECHNIK HAS NO CONTROL OVER THE
CONTENT OF SUCH OTHER SITES. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS
TO AND/OR USE OF THE SITE AND/OR RELATED PRODUCTS OR SERVICES MAY
NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY OTHER SITE
ACCESSIBLE THROUGH THIS SITE, AND ANY SITE-RELATED PRODUCTS OR
SERVICES.
YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED
PRODUCTS OR SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED
WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR
SERVICES. hp TECHNIK, ITS OWNERS, SPONSORS, SITE DEVELOPERS,
AGENTS, THIRD PARTY SUPPLIERS AND LICENSORS ARE NEITHER
RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING
OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED PRODUCTS,
SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE
OR LINKED TO OR FROM THE SITE.
A
possibility exists that hp TECHNIK could include inaccuracies
or errors and that unauthorized additions, deletions and
alterations could be made to the Site by third parties. Although
hp TECHNIK attempts to ensure the integrity of the Site, it
makes no guarantees whatsoever as to the completeness, correctness
or accuracy of the Site. In the event that such an inaccuracy
arises, please inform hp TECHNIK so that it can be corrected.
In many instances, the content available through the Site
represents the opinions and judgments of the respective
information provider or Site user, or other user not under
contract with hp TECHNIK. hp TECHNIK neither endorses
nor is responsible for the accuracy or reliability of any opinion,
advice or statement made on the Site by anyone other than
authorized hp TECHNIK employee spokespersons while acting in
their official capacities. Under no circumstances will hp TECHNIK be liable for any loss or damage caused by your reliance
on information obtained through the Site. It is your
responsibility to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content
available through the Site.
ACKNOWLEDGMENTS
This Site may contain links to other Web sites operated by third
parties ("Linked Sites"). You acknowledge that hp TECHNIK does not endorse the Linked Sites and is not responsible
for any content that appears on the Linked Sites. You also
acknowledge that the respective owners of the Linked Sites neither
endorse nor are affiliated with hp TECHNIK.
You
acknowledge that hp TECHNIK is not liable for the defamatory,
offensive or illegal conduct of other users or third-parties, and
that the risk of injury from the foregoing rests entirely with
you.
VOID
WHERE PROHIBITED
Although the Site is accessible worldwide, not all products or
services discussed or referenced in the Site are available to all
persons or in all geographic locations or jurisdictions. hp TECHNIK reserves the right to limit, in its sole discretion, the
availability of the Site and/or the provision and quantity of any
product or service to any person, geographic area or jurisdiction
it so desires. Any offer for any product or service made in
connection with the Site is void where prohibited.
CODE
OF CONDUCT
While using the Site or Site-related services, you agree not to:
· Restrict or inhibit any other user from using and enjoying the
Site and services; · Post or transmit any unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise
objectionable or harmful information or materials, or any
information or materials that could constitute or encourage
conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law; · Without hp TECHNIK's prior written approval, post or transmit any
advertising, promotion or solicitation of goods or services for
commercial purposes (including, without limitation, the
solicitation of users of the Site to become users of other online
services competitive with hp TECHNIK);
·
Post or transmit any information or software that contains a
virus, worm, trojan horse or other harmful or disruptive
component;
·
Post or transmit materials in violation of another party's
copyright or other intellectual property rights (you acknowledge
that the burden of determining whether any material posted or
transmitted to the Site by you is protected by a third party's
copyright rests solely with you);
·
Use the Site for any commercial or unlawful purposes; or
·
Modify, adapt, sublicense, translate, sell, reverse engineer,
decompile or disassemble any portion of the Site.
hp TECHNIK has no obligation to monitor the Site or Site-related
services. However, you acknowledge and agree that hp TECHNIK
has the right to monitor the Site and Site-related services,
including without limitation chat rooms and forums, and to
disclose to any third party any information in order to operate
the Site properly, to protect itself and its customers and to
comply with legal obligations or governmental requests. hp TECHNIK reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that are
unacceptable, offensive or in violation of this Agreement. hp TECHNIK also reserves the right to immediately terminate any
individual's use of the Site and/or such user's password(s) or
account(s) in the event of any conduct by such user which hp TECHNIK, in its sole discretion, considers to be unacceptable, or
in the event of any breach by such user of this Agreement. Such
termination may occur without notice to the user.
You
agree to indemnify, defend and hold harmless hp TECHNIK from
and against any and all claims, damages, costs or other expenses
that arise directly or indirectly out of or from (a) your breach
of this Agreement, (b) your violation of the Code of Conduct
and/or (c) your activities in connection with the Site or
Site-related services.
MAKING
PURCHASES
If you wish to make purchases of products or services described on
the Site, you may be asked to supply certain information including
but not limited to credit card or other payment information. You
understand that any such information will be treated by hp TECHNIK in the manner described in its Privacy Policy. You agree
that all such information that you provide will be accurate,
complete and current. You agree to pay all charges incurred by
users of your account and credit card or other payment mechanism
at the prices in effect when such charges are incurred. You will
also be responsible for paying any applicable taxes relating to
your purchases. Moreover, you agree to review and to comply with
the terms and conditions of any specific agreement that you enter
into with any merchant and/or service provider in connection with
the licensing or purchase of any product or service.
Information
provided to operators of Linked Sites will not be subject to
hp TECHNIK Privacy Policy. It is your responsibility to
determine the privacy policies, if any, of such Linked Sites.
SUBMISSIONS
You acknowledge and agree that, by submitting any text, images,
data, or other materials ("Content") to hp TECHNIK,
you grant to hp TECHNIK a royalty-free, perpetual,
irrevocable, non-exclusive, worldwide right and license to link
to, use, reproduce, transmit, modify, adapt, publish, display,
distribute, translate, and sublicense such material (in whole or
in part) and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed for the full
term of any copyright that may exist in such material. Further, by
submitting Content to hp TECHNIK, you acknowledge that you
have the authority to grant such rights to hp TECHNIK. The
foregoing provisions regarding Content are for the benefit of
hp TECHNIK, its subsidiaries, and its third party content
providers and licensors, and each shall have the right to assert
and enforce those provisions directly or on its own behalf.
USE
OF SECURE AREA AND PASSWORD
Use of any password-protected area of the Site is restricted to
the individual who has been given permission and a password to
enter such area (the "Authorized Party"). The password
cannot be distributed to others, and the Authorized Party is
responsible for any and all damages to hp TECHNIK resulting
from the distribution of his or her password. If more than one
individual wishes to use a single password belonging to an
Authorized Party, such Authorized Party must request permission
from hp TECHNIK in writing, it being understood that hp TECHNIK shall be under no obligation to approve any such request.
COMMENTS
Any comments or materials sent to hp TECHNIK, including but
not limited to feedback data, comments and suggestions
("Feedback"), shall be deemed to be non-confidential.
hp TECHNIK shall have no obligation of any kind with respect
to such Feedback and shall be free to reproduce, use, disclose,
exhibit, display, transform, create derivative works and
distribute the Feedback to others without limitation. Further,
hp TECHNIK shall be free to use any ideas, concepts, know-how
or techniques contained in such Feedback for any purpose
whatsoever, including but not limited to developing, manufacturing
and marketing products incorporating such Feedback.
MODIFICATIONS
hp TECHNIK shall have the right at any time to (a) change the
terms of this Agreement, (b) change the Site, including
eliminating or discontinuing any content or feature of the Site,
restricting the hours of availability, or limiting the amount of
use permitted, or (c) change any fees or charges for use of the
Site, including instituting new or increased fees or charges for
the use of the Site or any other Site-related services or any
feature thereof. Such changes, modifications, additions, or
deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting
on the Site, or by electronic mail, or by conventional mail. Your
use of the Site after such notice shall be deemed to constitute
your acceptance of such changes, modifications, additions, or
deletions. You are expected to review this Agreement periodically
to ensure familiarity with the most current version.
MISCELLANEOUS
This Agreement is entered into in the Country of Germany and shall
be governed by and construed in accordance with the laws of the Country of Germany, exclusive of its choice of law rules. Each
party to this Agreement submits to the exclusive jurisdiction of
the state and federal courts in
the Country of Germany, and waives any jurisdictional, venue or
inconvenient forum objections to such courts. In any action to
enforce this Agreement, the prevailing party will be entitled to
costs and attorneys' fees. In the event that any of the provisions
of this Agreement are held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provisions shall
be limited or eliminated to the minimum extent necessary so that
this Agreement shall otherwise remain in full force and effect and
enforceable. This Agreement constitutes the entire agreement
between the parties hereto pertaining to the subject matter
hereof, and any and all prior or contemporaneous written or oral
agreements existing between the parties hereto are expressly
canceled. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. Any heading, caption, or paragraph
title contained in this Agreement is inserted only as a matter of
convenience and in no way defines or explains any paragraph or
provision hereof.
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