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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 GmbH. 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.
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1.
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Permitted Use
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.
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2.
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Proprietary Information
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 GmbH, 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.
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3.
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Disclaimers
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.
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4.
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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.
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5.
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Indemnity
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.
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6.
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Miscellaneous
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(a)
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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.
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(b)
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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.
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(c)
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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.
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(d)
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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.
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(e)
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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.
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(f)
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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.
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(g)
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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.
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(h)
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Headings. The
section titles in the TOS are for
convenience only and have no legal or
contractual effect.
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(i)
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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.
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