Terms Of Service
IMPORTANT! THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) GOVERN YOUR (THE “USER” OR “YOU”) USE OF THE WEBSITE (THE “WEBSITE”) PROVIDED BY ALAXO GmbH (THE “COMPANY”). BY USING THE WEBSITE, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE FOR ANY PURPOSE.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY THE COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY. THESE TERMS AND CONDITIONS WERE LAST UPDATED: October 26th, 2013
Alaxo’s website has the aim only to offer general information on Alaxo Usa inc.. The content of the website serves as information only. No information on this site is provided with the intention or should be viewed as giving any recommendations or instructions.
User has a nonexclusive, nontransferable, limited, revocable right to use the Website solely for User’s personal educational, informational, and entertainment use. User will not use the Website for any other purpose, including any commercial purpose, without the Company’s express prior written consent. For example, User will not and will not authorize any other party to (i) Co-brand the Website or portion thereof, or (ii) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another website). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website (the “Content”). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.
User acknowledges and agrees that the content accessible within the Website (the “Content”) is the proprietary information of the Company and its content providers, is protected by U.S. and international copyright, patent, trademarks laws and other intellectual property laws, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, copy, transmit, publish, distribute, modify, reformat, display, create derivative works from, transfer, license or sell such content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of the Content solely for User’s personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
Any trademarks, service marks, trade names or logos used on the website are either owned by Alaxo Usa Inc., companies cooperating with Alaxo GmbH, Licensees of Alaxo GmbH or third parties having legal title in such marks and you agree not to display or use such marks in any manner without the prior written consent of the respective trademark owner. If a third party’s trademark is used on the website, Alaxo GmbH does not claim any right or title to such trademark.
User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way. Similarly, User’s communications or dealings with advertiser or promotions found on the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser or third party.
USER AGREES NOT TO HOLD COMPANY LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE WEBSITE.
USER UNDERSTANDS FURTHER THAT THE WEBSITE MAY LINK TO OTHER SITES AND USER’S FOLLOWING SUCH LINKS MAY LEAD USER TO SITES AND/OR MATERIALS OF THIRD PARTIES, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE. USER ACCESSES SUCH MATERIALS AT USER’S RISK. COMPANY HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH LINKS OR MATERIALS.
USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY CONTENT ACCESSIBLE WITHIN OR THROUGH THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS, THAT ACCESS THERETO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
User also understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User’s use of the Internet.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Reservation of Rights
Company reserves the absolute right to modify or discontinue, temporarily or permanently, the Website and any of its services without notice to User. User agrees that Company shall not be liable to User or any third-party for any modification or discontinuance of the Website or related services or for any data lost as a result thereof.
Company reserves the absolute right, but not the obligation, in its sole discretion, to remove, delete, limit access to or availability of, or take any other action to restrict, suspend or block a User’s access to, any item displayed, uploaded to, distributed or otherwise published or disseminated through the Website that is illegal, improper, harmful or otherwise objectionable or prohibited by this TOS, or by otherwise acting in accordance with Company’s policies.
Company reserves the right, but not the obligation, in its sole discretion, to investigate any User activity or any reported violation of its policies and to take any action that it deems appropriate under the circumstances. Such actions may include, but are not limited to, issuing warnings, suspending or terminating access to the Website or any or all of its services or blocking or restricting User access to any item or Content.
Company reserves the right, but not the obligation, in its sole discretion, to report any illegal or improper activity to appropriate law enforcement officials, regulators, or affected third parties and to cooperate with them to ensure that such violators are prosecuted to the fullest extent of the law. In order to so cooperate with law enforcement officials, regulators, or affected third parties, Company may access and disclose any information it considers necessary or appropriate, including without limitation any User data in its possession.
Company reserves the right to use any ideas, concepts, know-how or techniques contained in any communication from the user to the Company via the website or via e-mail using the “contact” page thereof for its own purposes and to process, reproduce and disclose the information to third parties without limitation unless the information so communicated from the user is proprietary.
User will indemnify and hold the Company, its licensors, content providers, service providers and contractors (the “Indemnified Parties”) harmless from any breach of these Terms And Conditions by User, including any use of Content other than as expressly authorized in these Terms And Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User’s use of the information accessed from the Website.
(a) Governing Law. These Terms And Conditions will be governed by the laws of the Federal Republic of Germany, without regard to its choice of laws provisions.
(b) Venue and Jurisdiction. User submits to the jurisdiction of the courts in the Federal Republic of Germany for the purposes of resolving any dispute arising out of the subject matter of these Terms and Conditions.
(c) International Users. Company does not make any representation that the Content on the Website is appropriate or available for use at locations outside of the Federal Republic of Germany. Access to any Content from any territory where such Content is illegal is prohibited. If you access this Website from a location outside of the Federal Republic of Germany, you are responsible for compliance with local laws. Additionally, Company reserves the right to limit the offering of products or services to specific countries.
(d) Severability. If any provision of these Terms And Conditions is deemed to be unenforceable as written under applicable law, the parties intend that such provision be modified to the extent, and only to the extent, necessary to make such provision enforceable. In the event any unenforceable provision cannot be modified to make it enforceable, the parties intend that such provision be stricken from these Terms And Conditions with all other provisions remaining in full force and effect.
(e) Force Majeure. The Company will not be liable or responsible for any failure or delay in performance if such failure or delay is caused in whole or in part by causes beyond its complete control, including fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, act of God, acts or omissions of carriers, transmitters, telephone companies, Internet service providers, Internet backbone providers, vandals, or hackers.
(f) No Waiver. The failure on the part of the Company to exercise any right or remedy hereunder will not operate as further waiver of such right or remedy in the future or any other right or remedy.
(g) Statute of Limitations. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(h) Headings. The section titles in the TOS are for convenience only and have no legal or contractual effect.
(i) Changes to TOS. Company reserves the right to change this TOS from time to time without prior notice. Please check this policy periodically for changes.