Terms of use |
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These "Terms and Conditions" govern your use of the Web site known as www.us.trumpf.com ("the Site"). Please read this page carefully.
It is the aim of TRUMPF Inc., with this Site, to provide comprehensive information about its products and services to customers and all interested persons. At the same time, this Website (this “Site”) offers its visitors the possibility to contact TRUMPF, to place orders and conduct other activities.
Do not use this Site if you are not willing to accept these Terms and Conditions. By using this Site, you are indicating your acceptance to be bound by these Terms and Conditions. You are advised to check this Terms and Conditions page periodically to review changes that could be made at any time, because these changes are binding on you. TRUMPF may modify these Terms and Conditions at any time in its sole discretion by updating this posting. The terms "You" and "User" as used herein refer to all persons and/or entities using this Site for any reason. These Term and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TRUMPF with respect to this Site.
Feedback and Information
Any feedback that you provide at this Site, including but not limited to, electronic and written correspondence, shall be deemed to be non-confidential and can be used by TRUMPF without limitation. You can e-mail us at info@us.trumpf.com us your suggestions, questions and criticism.
Use License
TRUMPF authorizes you to view a single copy of this Site and its content solely for your business purpose to purchase equipment. You may not distribute such material to third parties or use it to create mailing or marketing lists or for any other purpose.
You may not modify, copy, transmit, create derivative works from, reverse engineer, disassemble or otherwise attempt to discover any source code from any software accessible or available through TRUMPF, or sell, assign, sub-license or otherwise transfer any right in such software. You may not incorporate the content on the Site for any purpose into another database, search engine, any other Web site or in a networked computer environment of any kind. You may not copy or adapt the HTML code that TRUMPF creates to generate its pages, since it is protected by TRUMPF's copyright. Access to this Site is monitored. The requesting URLs, the machine originating the request and the time of the request are logged for access statistics and security purposes.
You may refer to the URL of this Site without limitation, but you may not link to this Site without TRUMPF's prior written approval. You may not use the Site in order to transmit, distribute, erase or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is harmful, defamatory, libelous, vulgar, obscene, threatening, abusive, harassing or otherwise objectionable.
Copyright and Trademarks
This Site and the materials within it are © 2004 Trumpf. All texts, pictures, graphics, animation, videos, sounds and any other contents of this Site, such as the "look" and "feel" of the Site, text, images, logos, trademarks, emblems, nameplates, button icons, software and other materials and the layout are protected under both United States and international copyright, trademark and other laws. The aforementioned contents may not be duplicated, modified or used in other electronic or printed publications without the prior consent of TRUMPF. Unauthorized use of these materials may violate copyright, trademark, patent and other laws.
Certain portions of this Site contain information that is considered confidential and proprietary. This information is not available to the general public. Any attempt to access this information will be prosecuted to the fullest extent possible under local, state, national and international law. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of TRUMPF or any third party, except as expressly granted herein.
Links to Third Party Sites
This Site may contain links to Websites owned or operated by third parties other than TRUMPF. These links are provided for your reference only. TRUMPF does not control these third parties and is not responsible for their Websites or the content on the Websites. TRUMPF does not sponsor or endorse any of the material on the Website. TRUMPF has no liability for third-party Websites that visitors to this Site access through the links embedded in this Site. Liability for such third-party Websites rests solely with the third parties.
Right to Make Modifications
These Terms and Conditions, the Site and its content may be changed, terminated or updated by TRUMPF without notice. TRUMPF may also make improvements and/or changes in the equipment described or the content in this Site at any time without notice. Any information or material sent to TRUMPF shall not be considered confidential. By sending TRUMPF any information or material, you grant TRUMPF an unrestricted, irrevocable right and license to use such information for its business purposes. No modification of these Terms and Conditions shall be effective against TRUMPF unless the modification agreement is physically signed in blue ink by an authorized officer of TRUMPF.
Specific Prohibited Uses
The Site may only be used for lawful purposes. TRUMPF specifically prohibits any use of the Site, and all users agree not to use the Site, for any of the following:
- Posting or transmitting any message, information, data, text, software or images, or other material that may invade another's privacy or publicity rights or is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or otherwise objectionable.
- Posting a sexually explicit image or statement.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
- Taking any action that imposes an unreasonable or disproportionately large load on this Site's infrastructure.
- Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from TRUMPF on this Site and other than generally available third-party Web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- Copying or duplicating any of the materials or information available from the Site.
- Framing of or linking to any of the materials or information available from the Site.
- Violating or attempting to violate the security of the Site, including, without limitation: (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (b) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (c) forging any TCP/IP packet header or any part of the header information in any e-mail or posting (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, "flooding," "spamming," "mailbombing" or "crashing," (e) sending unsolicited e-mail, "junk mail," "chain letters," including promotional materials and/or advertising of products or services, or any other form of solicitation. Violations of system and network security may result in civil or criminal liability.
Warranty Disclaimer
TRUMPF uses reasonable care in compiling and presenting the information found on this Site. However, the accuracy of information supplied by other users is not within the control of TRUMPF, and TRUMPF does not certify that it has verified any information in any file entered into the TRUMPF database or available on this Site. Further, TRUMPF does not assume liability for any errors or omissions in the content on this Site or any third party Website, including, but not limited to, typographical errors, incorrect content, inaccuracies, outdated information, or broken links. This Site and all information within it are provided on an "as is" basis without any warranties of any kind, express or implied. TRUMPF expressly disclaims liability for errors or omissions in the information found on this Site.
TRUMPF expressly disclaims all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and no infringement with respect to this Site and information. TRUMPF MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF ANY PRODUCTS OFFERED ON THIS SITE FOR ANY PURPOSE. ALL SUCH PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. You acknowledge that in any computer system and any network of computer systems there is certain to be "downtime" due to mechanical, telecommunication, software, hardware and third-party vendor failures during which TRUMPF will be unable to provide this Site to you. TRUMPF cannot predict or control when such "downtime" may occur and cannot control the duration of such "downtime."
Governing Law
This Site resides on a server in Germany. These Terms and Conditions and your use of this are governed by the laws of the country of Germany. All disputes regarding the Site and the relationship between you and TRUMPF shall be subject to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Germany.
Indemnification
By using this Site, you agree to indemnify, hold harmless and defend TRUMPF from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from your use of this Site, unless such claims, damages, losses, liabilities, costs and expenses arise from and have directly and solely been caused by the gross negligence or intentionally wrongful acts of TRUMPF.
Limitation of Liability
IN NO EVENT WILL TRUMPF BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY DAMAGE CAUSED BY VIRUSES, OR ANY OTHER HARMFUL OR CORRUPTIVE ITEM THAT INTERFERS WITH THE USE OF THIS SITE OR ANY EQUIPMENT, OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF TRUMPF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN TRUMPF'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $25.00.
Forward-Looking Statements
This Site may from time to time contain "forward-looking" statements regarding TRUMPF's future financial performance or other future events. These statements are based on certain assumptions and analysis made by TRUMPF in light of its experience and its perception of historical trends, current conditions, expected future developments and other factors TRUMPF believes are important under the circumstances. Such statements are subject to a number of risks and uncertainties. Among others, factors that could cause actual results to differ materially from TRUMPF's beliefs or expectations are: industry trends and trends in the general economy, competitive factors in the markets in which TRUMPF operates, changes in regulatory requirements which are applicable to TRUMPF's business, acquisitions and additional factors. TRUMPF’s performance may differ materially from any projections contained in this Site.
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