Copyright 2002 All Right Reserved.
All pages within this Internet site (“Site”) are the property of hp-TECHNIK 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 Gerte-, Pumpen- und Anlagenbau GmbH and/or its affiliates.
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.
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.
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.
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.
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.
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.