| TERMS OF USE |
| These
terms of use constitute the Agreement that will govern your use of the
wernerschreyer.com (the "Site") and any related websites (referred
to in this Agreement as "Werner Schreyer"). The Site is
available for your use only on the condition that you agree to the terms
and conditions set forth below, all with the intention of making them
legally binding upon you.
YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE SITE. |
| 1. User Eligibility
The Site is provided by Werner Schreyer and is available only to people and entities who can form legally binding agreements. If you do not qualify, do not use the Site. |
| 2. License and Site Access Werner Schreyer grants you a limited personal, nontransferable, non-sublicensable, revocable worldwide license to access and make personal, non-commercial use of the Site. You may view, copy, print, and distribute limited quantities of material from the Site, as long as the material is used by you for information only and the material is used only for non-commercial purposes. Any rights not expressly granted by this Agreement are reserved by Werner Schreyer. |
| 3. Intellectual-Property Ownership and Use All Intellectual Property associated with the Site, including its content and the trademarks, service marks, trade dress, trade secrets, proprietary designs, copyrights and patents appearing on the Site or referenced in it, are the sole property of Werner Schreyer or other parties. Any rights associated with any Intellectual Property are retained by its owner, and are protected by applicable law. This Agreement expressly prohibits any use of any Intellectual Property associated with the Site except as specified in Section 1, above, or as otherwise expressly authorized by Werner Schreyer in writing. |
| 4. Restrictions on Use The Site is protected by United States and international law, including copyright and trademark laws. This Agreement does not grant any license to modify, alter or frame the materials on the Site that are viewed, downloaded or otherwise accessed by you. Your license does not include: any right of resale or of commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with the Site. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials and must comply with any applicable end-user license agreements. You may not input or upload onto the Site any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any system, the Site or its contents, or that infringes any Intellectual Property rights of Werner Schreyer or any third party. Inappropriate inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material, or engaging in any kind of harassment activity via the Site or any website linked to it. From time to time, and without notice, Werner Schreyer may establish and change its practices and restrictions concerning the use of the Site. |
| 5. Product and Service Information The Site provides users with information regarding Werner Schreyer himself, his products and services. Werner Schreyer may provide new features or information on the Site, each of which will be subject to this Agreement. Accordingly, we encourage you to visit the Site from time to time to review the current version of the Agreement. Werner Schreyer shall have no responsibility for errors of any kind. Errors and the consequences of those errors may include, without limitation, any of the following: Product and service descriptions on the Site may vary from time to time, and typographical errors may occur, with the result that product and service descriptions may not be complete, current or accurate. Any such typographical errors resulting in incorrect product or service information, including incorrect pricing information, may result in the failure to honor an order or request placed by you based on that incorrect information. Because actual colors and the "look and feel" you see on the Site will depend on your monitor and other technical factors, Werner Schreyer cannot guarantee that the display of any products will be accurate at any time. Products and services described on the Site are available only while supplies last, and Werner Schreyer reserves the right to discontinue the production of any product, and to discontinue the offering or sale of any product or service at any time, without notice. Werner Schreyer cannot guarantee that any particular product or service displayed on the Site will be available through any particular retailer, even if that retailer has indicated that the product or service is available through it. Any prices stated by Werner Schreyer the Site are suggested prices only; all retailer prices accessed by you through the Site or otherwise provided to you are subject to change without notice and might not include shipping and handling or any applicable sales taxes or customs duties. Return and refund policies vary by retailer and are not the responsibility of Werner Schreyer. Werner Schreyer is not a party to any sales transaction or other transaction you make with any retailer, either online, by telephone or otherwise. Werner Schreyer therefore can make no guarantee that any retailer will fulfill any product order or honor any other commitment, promise or obligation to you. |
| 6. Your Information and Privacy Considerations From time to time, we may offer users of the Site the opportunity to receive information, as well as special offerings and promotions. We may also solicit requests from users for contact information for others who might be interested in Werner Schreyer news, products and services. Users can exercise the option of receiving e-mailed information and announcements through our Newsletter. At any time, users who have elected to receive information and announcements can elect to discontinue receiving them by sending us an email. In order to take advantage of the full capabilities of the Site, such as the participation in certain special offerings and promotions, and to receive e-mailed information and announcements, you may be asked to send us information about yourself or others. We respect your privacy and the privacy of others, and we will, of course, endeavor to take care of any information you supply to us. If you believe, however, that any such information is so private to you or to any other person that possible disclosure would be embarrassing or otherwise inappropriate, we ask that you do not supply that information, even if it means that certain of this Site's capabilities, including the ability to participate in special offerings and promotions, would therefore be rendered unavailable to you or any other person. We do require, however, that the information you elect to provide to us be true, accurate, current and complete, and we request that you update that information as necessary. Websites linked to the Site are likely governed by their own confidentiality and privacy provisions. Werner Schreyer is not responsible for those provisions and expressly disclaims any liability relating to any aspect of them, including their enforcement or lack of enforcement. |
| 7. Disclosure of Content Monitoring Although Werner Schreyer has no obligation to monitor any information provided to the Site by its users, including information that you provide, Werner Schreyer reserves the right to monitor, retain, and disclose that information if required to do so by law or in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of Werner Schreyer, its users or the public. |
| 8. No Warranty The site, including any content or information contained within it and any linked website, is provided "as is" and "as available." AS TO THE SITE, AND ANY SUCH LINKED SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, WERNER SCHREYER EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Without limitation to the foregoing, Werner Schreyer makes no warranty: (a) that there will be no interference with your enjoyment of the Site; (b) that the information provided will fulfill any particular purpose or need; (c) that the information provided is complete, reliable or accurate; (d) that any request will be honored according to your schedule or any stated schedule; (e) that the Site will otherwise meet any specifications, requirements or expectations; (f) that the Site will be uninterrupted, timely, secure or error free; (g) that the results that may be obtained from use of the Site will be accurate and reliable; or (h) that any errors in the content of the Site will be corrected. You assume total responsibility and risk for your use of the Site and any linked website. Any material downloaded or otherwise obtained through the use of the Site is so obtained at your own discretion and risk. Werner Schreyer will not be responsible for any damage to your computer system or loss of data that results from so obtaining any such material. |
| 9. Limitation of Liability IN NO EVENT SHALL WERNER SCHREYER, ITS AFFILIATES, OTHER RELATED ENTITIES, SUBSIDIARIES, JOINT VENTURES, PARTNERS, ENTITIES IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THE SITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE OR DELAY IN DATUM TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. Werner Schreyer has no liability for the deletion of any communications or information collected, maintained or transmitted by the Site or the failure to store any information, including personalized settings. Werner Schreyer has no liability with respect to any information posted by users on chat rooms, bulletin boards or other user fora. |
| 10. Submissions Any comments, suggestions, testimonials, endorsements, ideas, or similar material disclosed, submitted or posted by you on the Site or in connection with it will be considered non-confidential, non-proprietary and not personal either to you or to anyone else. By so disclosing, posting or submitting any such material, you grant to Werner Schreyer and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, edit, publish, translate, rework, distribute and display that material without compensation or acknowledgment of source. |
| 11. Modifications At any time, and without notice, Werner Schreyer may modify, update, or otherwise change the terms of this Agreement or the Site. You agree that you are deemed to be apprised of, and that you are bound by, those changes, immediately upon the posting of them. |
| 12. Termination Werner Schreyer may, in its sole discretion, terminate your use of the Site or cancel or terminate this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of the Site. In its sole discretion, and at any time, Werner Schreyer may also discontinue providing the Site or any part of it, with or without notice. Werner Schreyer shall not be liable to you or any third party for any of the foregoing. Sections 2, 6, 7, 8, 9, 10, 13, 14,15 and 16 shall survive termination of this Agreement. |
| 13. Links to other Websites Although the Site may contain links to third-party websites, Werner Schreyer has no control over those linked websites. You acknowledge and agree that Werner Schreyer is not responsible for the availability of those linked websites or their content. Werner Schreyer provides links as a convenience and does not endorse the proprietors or content of any linked websites, including any linked website of any company related to Werner Schreyer or under common control with it. WERNER SCHREYER DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE. |
| 14. Caching, Linking and Framing by You Werner Schreyer prohibits caching of any portion of the Site and any unauthorized links to the Site and unauthorized framing of it. Werner Schreyer reserves the right to disable any unauthorized links or frames. If you desire to provide a link from your website to the Site, or to frame it, you must contact Werner Schreyer for permission via the contact method provided on the Site. Werner Schreyer will be under no obligation, however, to permit any link or frame. |
| 15. Jurisdiction and Choice of Law All claims regarding the Site shall be governed according to the laws of the State of Vorarlberg, Austria, without regard to its conflicts of law principles. Any claim or action arising under this Agreement shall be subject to the exclusive jurisdiction of courts in Feldkirch, State of Vorarlberg, Austria. Werner Schreyer makes no representations or warranties that materials on the Site are appropriate or available for use in any particular location; accessing the Site from any territory in which its content is illegal is not permitted or sanctioned by Werner Schreyer. |
| 16. Complete Agreement This Agreement constitutes the entire agreement between you and Werner Schreyer with respect to use of the Site, superseding any other agreement between you and Werner Schreyer with respect to the subject matter of this Agreement. Section headings in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is found to be unenforceable, the other provisions shall still remain in full force and effect. Terms of Use of the Site were last updated on August 10, 2004. Please check back periodically for updates and changes. |
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LEGAL POLICY Werner Schreyer Austria Email: office@wernerschreyer.com VAT Identification No.: (ATU 59958558) |