This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describes the terms and conditions applicable to your access and use of the Website. You accept this Agreement by using the Website or accessing any content available through the Website, including without limitation our RSS feeds (collectively, the “Content”). Stabilus3D may revise this Agreement at any time by posting the revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Changes to this Agreement will not be applied retroactively.
1. Changes. Stabilus3D may make changes to the Website and the Content and/or the services described on the Website at any time.
2. Proprietary Rights. The Website and the Content are the sole and exclusive property of Stabilus3D and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Stabilus3D in writing. You hereby acknowledge and agree that, as between Stabilus3D and you, all right, title, and interest in and to the Website and the Content shall be owned exclusively by Stabilus3D. Use of the Website or the Content in any way not expressly permitted by this Agreement is prohibited.
3. Permitted Uses. So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by Stabilus3D, Stabilus3D invites you to view and/or print a single copy of the Website and the Content. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. Special terms may apply to some services offered on the Website and may be posted in connection with the applicable service, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, any such terms shall prevail.
4. Additional Restrictions. You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it.
5. About The Information On This Site. The Content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe Stabilus3D' publication of the Website as a warranty or guarantee of the quality or availability of any services.
6. Links To Other Sites. The Website may contain links to websites operated by other parties. Stabilus3D provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Stabilus3D, and Stabilus3D is not responsible for the content available on the other sites. Such links do not imply Stabilus3D’ endorsement of information or material on any other site and Stabilus3D disclaims all liability with regard to your access to and use of such linked Websites. Maps used on our website are published by Google, and sourced under an open license. The boundaries and names shown and the designations used do not necessarily imply the expression of opinion on the part of Stabilus3D or its personnel in respect to the legal status of any geographic region, frontier, or boundaries.
7. Links to Stabilus3D.com. You must not link to Stabilus3D’ website without a written agreement between you and Stabilus3D authorizing you to do so.
8. Trademarks. Unauthorized use of any Stabilus3D trademark, service mark or logo are prohibited, and may be a violation of applicable trademark laws.
9. Disclaimers and Limitation of Liability.
a. THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Stabilus3D MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
b. Stabilus3D MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Stabilus3D DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF Stabilus3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10 Indemnity. You agree to indemnify, defend and hold Stabilus3D, its subsidiaries, and affiliates, and their respective officers, agents, members, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of this Agreement.
11. Copyright. Copyright © 2020 Stabilus3D. All rights reserved. The Website is protected by international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Stabilus3D’ express prior written permission.
12. Notice and Procedures for Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of the communication is the best way to help Stabilus3D locate content quickly);
d. Your name, address, telephone number and e-mail address;
e. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Stabilus3D may, in its sole discretion, disable and/or terminate use of a Site or Sites by users who infringe the intellectual property of others.
13. Privacy Policy. By agreeing to these terms, you acknowledge that Stabilus3D may collect, use and disclose your information as described in our Privacy Policy, also available on the Website.
14. Data Processing. Stabilus3D is a “Data Controller” when it processes personal data related to and/or received from our clients and ultimately takes responsibility for managing that data in compliance with applicable data privacy regulations. Consequently the obligation to enter into a “personal data processing agreement” does not apply to Stabilus3D and such agreements shall not be signed by us.
15. Miscellaneous.
a. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force.
b. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
c. Stabilus3D’ failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive Stabilus3D’ right to act with respect to subsequent or similar failures.
d. These Terms of Use set forth the entire understanding and agreement between you and Stabilus3D with respect to the subject matter hereof.
e. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
f. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Stabilus3D, and any assignment or transfer in violation of this provision shall be null and void.
g. Stabilus3D reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
16. Contact. If you have any questions, concerns, or suggestions regarding this Terms of Use Agreement, please contact us using our Contact Form or as indicated in paragraph 12.