AGREEMENT BETWEEN USER AND Hörmann LLC
The Hörmann LLC Web Site is comprised of various Web pages operated by Hörmann LLC.
The Hörmann LLC Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Hörmann LLC Web Site constitutes your agreement to all such terms, conditions, and notices.
Hörmann LLC reserves the right to change the terms, conditions, and notices under which the Hörmann LLC Web Site is offered, including but not limited to the charges associated with the use of the Hörmann LLC Web Site.
LINKS TO THIRD PARTY SITES
The Hörmann LLC Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Hörmann LLC and Hörmann LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hörmann LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Hörmann LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hörmann LLC of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Hörmann LLC Web Site, you warrant to Hörmann LLC that you will not use the Hörmann LLC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Hörmann LLC Web Site in any manner which could damage, disable, overburden, or impair the Hörmann LLC Web Site or interfere with any other party's use and enjoyment of the Hörmann LLC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Hörmann LLC Web Sites.
You are responsible for all of your activity in connection with accessing the Hörmann LLC Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Hörmann LLC Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.
In accessing this Website, you must not:
- disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;
- disrupt or interfere with any other user's enjoyment of this Website or linked websites;
- use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
- reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
- use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;
- engage in any kind of illegal, criminal or tortuous activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trademarks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
- attempt to obtain unauthorized access to this Website or parts of this Website that are not opened to public access; or
- post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication.
If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorized or not.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
MATERIALS PROVIDED TO HÖRMANN LLC OR POSTED AT ANY HÖRMANN LLC WEB SITE
Hörmann LLC does not claim ownership of the materials you provide to Hörmann LLC (including feedback and suggestions) or post, upload, input or submit to any Hörmann LLC Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Hörmann LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Hörmann LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Hörmann LLC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HÖRMANN LLC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HÖRMANN LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HÖRMANN LLC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE HÖRMANN LLC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HÖRMANN LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HÖRMANN LLC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HÖRMANN LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Hörmann LLC reserves the right, in its sole discretion, to terminate your access to the Hörmann LLC Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Hörmann LLC Web Site. Use of the Hörmann LLC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hörmann LLC as a result of this agreement or use of the Hörmann LLC Web Site. Hörmann LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hörmann LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hörmann LLC Web Site or information provided to or gathered by Hörmann LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hörmann LLC with respect to the Hörmann LLC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hörmann LLC with respect to the Hörmann LLC Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement (“Content”) are licensed to or owned by Hörmann LLC. Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.