AGREEMENT BETWEEN USER AND PETERMANN
The Petermann website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Petermann website constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Petermann reserves the right to change the terms, conditions, and notices under which the Petermann website is offered.
The Petermann website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Petermann and Petermann 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. Petermann is not responsible for webcasting or any other form of transmission received from any Linked Site. Petermann is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Petermann of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Petermann website, you warrant to Petermann that you will not use the Petermann website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Petermann website in any manner which could damage, disable, overburden, or impair the Petermann website or interfere with any other party’s use and enjoyment of the Petermann website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Petermann websites.
Subject to your compliance with these Terms of Use, Petermann or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the website. This license does not include any resale or commercial use of the website, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Petermann or its licensors, suppliers, publishers, rightsholders, or other content providers. No portion of this website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Petermann. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Petermann without express written consent. You may not use any meta tags or any other “hidden text” utilizing Petermann’s name or trademarks without the express written consent of Petermann. You may not misuse the website. You may use the website only as permitted by law. The licenses granted by Petermann terminate if you do not comply with these Terms of Use.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH The Petermann WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Petermann AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN The Petermann WEBSITE AT ANY TIME.
Petermann AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTAINED ON The Petermann WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Petermann AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF ERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Petermann AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF The Petermann WEBSITE, WITH THE DELAY OR INABILITY TO USE The Petermann WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF The Petermann WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Petermann OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF The Petermann WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING The Petermann WEBSITE.
TERMINATION/ACCESS RESTRICTION
Petermann reserves the right, in its sole discretion, to terminate your access to the Petermann website and the related services or any portion thereof at any time, without notice.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Petermann website are: Copyright 2012 by Petermann and/or its suppliers. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT
If you have any copyright or trademark concerns about any materials posted on the Petermann website by others, please let us know. Please provide Petermann with written notice (“Notice”) by contacting Petermann’ Designated Agent at the following address:
Petermann
Attn: General Counsel
Address: 2601 Navistar Drive
City, State Zip: Lisle, Illinois 60532
Phone: 630-821-9089
To be effective, the Notice must include the following:
– A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
– Information reasonably sufficient to permit Petermann to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
– Identification of the allegedly infringing material on the Petermann Site (“Infringing Material”), and information reasonably sufficient to permit Petermann to locate such material on the Petermann Site;
– Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single Petermann Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
– A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Petermann website. Use of the Petermann website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Petermann’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Petermann’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Petermann website or information provided to or gathered by Petermann 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 Petermann with respect to the Petermann website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Petermann with respect to the Petermann website. 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.