Terms of Use as of March 14, 2004

PLEASE READ THE FOLLOWING TERMS OF USE (THE "TERMS") CAREFULLY BEFORE USING THIS WEB SITE, LEITER-CIE.COM or LEITER-CIE.DE(together referred to as the "Site"). THESE TERMS GOVERN EACH VISITOR’S (“You,” “Your”) USE OF THE SITE AND ARE BINDING BETWEEN YOU AND LEITER & CIE. GMBH ("LEITER & CIE.," “We,” “Our”).

1.  Purpose of the Site

The Site is made available by LEITER & CIE. to You solely for Your internal, informational, non-commercial, or business use; nothing herein constitutes an offer to sell, lease, or provide any goods or services.

2.  Acceptance of Terms

Your use of the Site constitutes Your full legal acceptance of each of these Terms, both in Your individual capacity and, to the extent You use the Site on behalf of Your employer, as an employee and agent of Your employer. If You use the Site on behalf of Your employer, You represent that You have the authority to bind Your employer and You acknowledge that Your use of the Site binds Your employer to these Terms and that each use of the term “You” and “Your” includes Your employer. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE.

3.  Limited Authorization to Use Protected Material

LEITER & CIE. grants You permission to display, download, and print copies of information contained on the Site ("Information") subject to Your agreement to abide by the following conditions: You may display, download, and print copies of the Information solely for Your internal, informational, non-commercial or business purposes, and You must retain and reproduce each copyright notice or other proprietary rights notice contained in any of the Information You display, download, or of which you print copies. With the exception of the foregoing limited authorization, You are not granted any license to or right in connection with the Site.

The Site may contain or reference trademarks, service marks, patented materials, copyrighted materials, trade secrets, technologies, products, logos, processes or other proprietary materials ("Intellectual Property"). All such Intellectual Property is the property of its respective owner, which may be LEITER & CIE. and/or other parties. Except as otherwise expressly stated herein, You are not granted any license to use, or right in, any such Intellectual Property. Non-compliance, to any degree, with the above Terms relating to displaying, downloading and printing copies of the Information, and the use of the Intellectual Property displayed or otherwise made available on the Site, constitutes a material breach of these Terms and immediate forfeiture of the above limited authorization.

4.  Accuracy; Exclusion of Warranties and Limitation of Liability

LEITER & CIE. makes reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, Your use and browsing of the Site is exclusively at Your own risk and the Site is provided to You AS-IS.

LEITER & CIE. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE MATERIALS CONTAINED THEREIN. LEITER & CIE. EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE.

LEITER & CIE. ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.

UNDER NO CIRCUMSTANCES SHALL LEITER & CIE. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THESE TERMS EVEN IF LEITER & CIE. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LEITER & CIE.'S SOLE LIABILITY HEREUNDER SHALL NEVER EXCEED $500.00.

5.  Indemnity

YOU WILL INDEMNIFY AND HOLD LEITER & CIE. AND ITS AFFILIATES, PARTNERS, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND CONTRACTORS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS  (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY CLAIMS ARISING FROM (a) ANY BREACH OF THESE TERMS BY YOU, OR (b) YOUR USE OF THE SITE OR ANY INFORMATION ACCESSED FROM THE SITE.  YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH MATTER, AND AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSSES, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.

6.  Treatment of Information You Provide

You hereby grant to LEITER & CIE. the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to LEITER & CIE. through the Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed, notwithstanding any limiting language You may use when transmitting Your Submission.  LEITER & CIE. will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future LEITER & CIE. operations.  If You do not want LEITER & CIE. to use Your Submission unless it pays You a fee, or agrees to other terms, do not transmit it to LEITER & CIE. via the Site. 

7.  Privacy

LEITER & CIE. takes Your privacy seriously. Your use of the Site constitutes the acceptance of LEITER & CIE.'s Privacy Policy, which is incorporated by reference into these Terms. Please read Our Privacy Policy, which explains how We handle personal data that You send to the Site, if any. Note that any third party Web sites linked to the Site have their own privacy policies, which may or may not differ from Our Privacy Policy. You are responsible for reviewing the privacy policies of these Web sites to determine if these privacy policies are acceptable to You.

LEITER & CIE. reserves the right to change its Privacy Policy in accordance with Section 6 of the Privacy Policy.

8.  Links to Third Party Sites

The Site may contain links to other Web sites or frame information from other Web sites that are not under the control of LEITER & CIE.. LEITER & CIE. is providing these links and/or frames to You only as a convenience.

LEITER & CIE. MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED OR FRAMED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER SITES LINKED TO OR FRAMED BY THE LEITER & CIE. SITE MAY BE MATERIALLY DIFFERENT THAN OUR TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION.

9.  Prohibited Activities

You will not and will not authorize any other party to (i) co-brand the Site, (ii) frame the Site, (iii) link to the Site or (iv) run any third party ad server software while viewing the Site, without the express prior written permission of an authorized representative of LEITER & CIE..  In these Terms, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in a manner that is reasonably likely to give the impression that such other party has the right to display, publish or distribute the Site or content accessible within the Site, “framing” means to display the Site on the same screen with a portion of another Web site, and “third party ad server software” means software from a third party that causes advertisements to appear while You are viewing the Site.  You agree to cooperate with LEITER & CIE. in causing any unauthorized co-branding, framing or linking to immediately cease and to disable any third party ad server software while viewing the Site.    

You may not post, send, submit, publish, or transmit in connection with the Site any material that:

·        You do not have the right to post, including proprietary material of any third party;

·        advocates illegal activity or discusses an intent to commit an illegal act;

·         is vulgar, obscene, pornographic, or indecent;

·         does not pertain directly to the Site;

·        threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

·       seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

·        infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

·         violates any law or may be considered to violate any law;

·         impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

·       advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;

·         solicits funds, advertisers or sponsors;

·        includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

·        disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;

·         includes audio or video format files;

·         amounts to a ‘pyramid’ or similar scheme;

·        disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or

·       contains hyper-links to other Web sites that contain content that falls within the descriptions set forth above.

LEITER & CIE. reserves the right to monitor use of the Site to determine compliance with these Terms, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, You remain solely responsible for the content of Your submissions.  You acknowledge and agree that neither LEITER & CIE. nor any third party that provides content to LEITER & CIE. will assume or have any liability for any action or inaction by LEITER & CIE. or such third party with respect to any submission.

You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security is strictly prohibited.  If You become involved in any violation of system security, LEITER & CIE. reserves the right to release Your details to system administrators at other Web sites in order to assist them in resolving security incidents.  LEITER & CIE. reserves the right to investigate suspected violations of these Terms.

LEITER & CIE. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing LEITER & CIE. to disclose the identity of anyone submitting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms.  BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS LEITER & CIE. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEITER & CIE. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LEITER & CIE. OR LAW ENFORCEMENT AUTHORITIES.

10.  Local Laws; Dispute Resolution

The Site (excluding any linked Web site) is controlled by LEITER & CIE. from its offices in Grünwald, Germany. The Site can be accessed from all states in Europe, as well as from other countries around the world. Each of these places has laws that may differ from those of Germany. By accessing the Site, You agree that all matters relating to access to, or use of, the Site or any other linked Web site, shall be governed by the applicable laws of Germany, without regard to the conflicts of laws principles thereof. You also agree, and by using the Site hereby submit, to the exclusive personal jurisdiction and venue of the courts in Munich, Germany, to any dispute arising out of Your use of the Site or these Terms.

Your use of the Site is void where prohibited by laws in jurisdictions to which You are otherwise subject, and You agree that You shall not visit or use the Site in any such circumstances. You agree and acknowledge that Your use of the Site, and all transactions occurring in connection with the Site, shall be deemed to have occurred and taken place solely in Germany.

11.  Statute of Limitations

You agree 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 Site or the these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12.  Miscellaneous

LEITER & CIE. reserves the right to modify and add to these Terms at any time without prior notice by posting the new terms on the Site. You should periodically review these Terms for updates. Use of the Site after such posting of any modifications or additions shall constitute Your acceptance of the new terms as indicated above.

If LEITER & CIE., in its sole discretion, determines that a violation of these Terms has occurred, LEITER & CIE. may pursue any available legal remedies. However, the failure of LEITER & CIE. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms contain the entire agreement between You and LEITER & CIE. relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

LEITER & CIE. is committed to providing the best possible experience for users of Our Site. If You observe material or behavior that may violate one of the Terms, including without limitation material that You believe may be infringing another's rights, please contact Web Master, Leiter & Cie. GmbH, Luise-Ullrich-Strasse 2, 82031 Grünwald, Germany.

 

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