DISCLAIMER / TERMS & CONDITIONS
NOTICE TO USER:
Please read the following terms and conditions carefully because they will apply to your access to and use of the Bucher Emhart Glass website and constitutes a legally binding agreement between you and Bucher Emhart Glass.
1. DESCRIPTION OF THE WEBSITE
In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.
2. LICENSE GRANT
Emhart Glass hereby grants to you a limited, non-exclusive, nontransferable license to access and use the website for the sole purpose to learn about our products and services etc. You may not rent, lease, sell, sublicense, assign, export or otherwise transfer the content or any underlying software, technology or other information, including any printed materials of the same, nor may you create derivative works of or otherwise modify the same. This license will automatically terminate if you do not comply with the terms of this Agreement.
3. CUSTOMER REGISTRATION DATA
If you registrate on the website’s registration form, you thereby represent and warrant that you are authorized to legally bind the organization / institution you have listed on the website’s registration form and that such organization/institution will be legally bound by this Agreement when you click the “YES” button. In consideration for your access to and use of the Website, you agree to: (i) provide true, accurate, current and complete information about yourself as required by the Website’s registration form (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide Registration Data that is untrue, inaccurate, not current or incomplete, or Emhart Glass has reason to believe the same, Emhart Glass has the right to suspend or terminate your account and refuse to provide you with any and all current or future access to and use of the Website.
Emhart Glass may modify, discontinue, temporarily or permanently, the website and/or change the terms and conditions of this Agreement at any time for any reason.
You may not download or otherwise export or re-export any underlying software, technology or other information from the website except in full compliance with all U.S. and other applicable laws and regulations. In particular, but without limitation, none of the underlying information or technology may be downloaded or otherwise exported or re-exported (i) into any country to which the Switzerland, the E.U., the U.S. and/or the U.N. has embargoed goods or (ii) to anyone on the Swiss government’s, the E.U.’s, the U.S.’s or the U.N.’s list of specially designated nationals or table of denial orders. You agree to indemnify and hold harmless and defend Emhart Glass against any and all liability arising from or relating to your breach.
Emhart Glass shall have no obligation to provide you with any maintenance or support relating to the website.
Emhart Glass may provide, or third parties may provide, links to other World Wide Web sites or resources. Emhart Glass does not endorse and is not responsible for any data, software or other content available from such sites or resources and you acknowledge and agree that Emhart Glass shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such data, software or other content.
9. DISCLAIMER OF WARRANTIES
The information included on this website is provided without charge as a user convenience and is to be used for informational purposes only. The information is provided on an “AS IS” basis only; while we have attempted to provide accurate and timely information, we do apologize for any inadvertent technical or factual inaccuracies and typographical errors, and reserve the right to make changes and corrections at any time, without notice. Emhart Glass does not warrant the accuracy or completeness of the information, text, graphics or links available on or through this site and expressly disclaims liability for errors or omissions therein.
Emhart Glass hereby disclaims all warranties and conditions with respect to the content of this website, including, but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Emhart Glass shall not, in any event be liable for any special, indirect, exemplary, or consequential damages or any other damages whatsoever, including but not limited to loss of use, data, or profits, without restriction to the specific form of action.
The website is controlled and operated in whole or in part by Emhart Glass from its offices within Switzerland. By accessing the website you agree that the statutes and laws of Switzerland without regard to conflicts of laws principles, will apply to all matters relating to use of the website, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state courts Zug, Switzerland. Those who access the website from other locations do so at their own risk and are responsible for compliance with applicable local laws. Emhart Glass makes no representation that the Content in the website is appropriate or available for use in other locations, and access to it from territories where the Content is illegal is prohibited. You acknowledge that Emhart Glass reserves the right in its sole discretion to refuse or terminate access to the website by you at any time
10. LIMITATION OF LIABILITY
You understand and agree that Emhart Glass and its suppliers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for lost data or lost profits arising from or relating to: (i) your use of the Website or use of the Website through your account by anyone else; (ii) the cost of procurement of substitute data, information or Websites; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the Website.
You agree to indemnify and hold Emhart Glass, its officers, Information providers, ISPs, directors, employees and its suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or breach of this Agreement or violation of any rights of another.
Emhart Glass may terminate this Agreement with or without cause. You agree that Emhart Glass shall not be liable to you or any third party for any termination of the Website. Should you object to any terms of this Agreement, or any subsequent modifications, or become dissatisfied with the Website in any way, your only recourse is to immediately: (i) discontinue use of the Website and (ii) notify Emhart Glass of your termination of this Agreement. Upon any termination of this Agreement, your right to use the Website immediately ceases.
Notices shall be provided to you via email or regular mail. Emhart Glass may provide notices of changes to this Agreement, the Website or other matters by displaying notices or links to notices to you on the Website.
14. PROPRIETARY RIGHTS TO CONTENT
You acknowledge and agree that the Website and any necessary software used in connection with the Website, including, without limitation, text, software, sound, photographs, video, graphics or other material contained in or presented to you as part of the Website (“Content”), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy, reproduce, distribute or create derivative works based on the Website or the Content, in whole or in part.
Emhart Glass and the names of affiliated, associated or related companies, as well as their products referenced in this website are trademarks or registered trademarks of Emhart Glass and/or such related companies. Other products and company names referenced on this website may be the trademarks of their respective owners. No permission is granted for using the company/product names, trademarks or trade names included on this website for any reason other than for non-commercial, informational purposes.
16. PROHIBITED USES OF WEBSITE
You agree not to resell the Website or use of or access to the Website. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Website.
You may not assign or transfer your rights under this Agreement without the prior written consent of Emhart Glass. Emhart Glass may assign all rights and liabilities under this Agreement to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without your consent. Subject to the foregoing, this Agreement will inure to the benefit of and be binding upon the successors and permitted assigns of the parties.
You agree to access and use the Website in accordance with all applicable laws and regulations, including, without limitation, national and international regulations. You agree not to use the Website for any illegal or wrongful purposes. Emhart Glass’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Section headings in this Agreement are used solely for the convenience of the parties and have no legal or contractual significance. This Agreement constitutes the parties’ final, exclusive and complete understanding and agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements between the parties.
19. QUESTIONS, COMMENTS OR CONCERNS