| Welcome to the AKAPP-STEMMANN BV
Web site! This Web site (www.akapp.com, the
"Site") is operated by AKAPP-STEMMANN BV to provide you with information
about us, our products, our company and its history and future plans.
Your use of the Site is governed by and subject
to these terms and conditions of use (this "Agreement").
Please read this Agreement carefully and thoroughly. By accessing and
using the Site, you agree that you have read and understand this
Agreement, and that you accept and agree to be bound by the terms and
conditions set forth in this Agreement. If you do not agree to the
terms and conditions of this Agreement, please do not continue to
access and use the Site.
Changes to Terms
We may update this Agreement from time to time,
and may amend it at any time to incorporate additional terms specific
to additional features, materials, products, opportunities or services
that we may make available on or through the Site. All such updates
and amendments are effective immediately upon notice thereof, which we
may give by any means, including, but not limited to, by posting a
revised version of this Agreement or other notice on the Site. You
should view this Agreement often to stay informed of changes that may
affect you, as your continued use of the Site signifies your
continuing consent to be bound by the terms of this Agreement. We
expressly reserve the right to make any changes to this Agreement, or
to the Site and its content, at any time without prior notice to you.
Access and Use
In this Agreement, "you" refers to an
individual accessing the Site, regardless of the particular features,
materials, opportunities or services made available on the Site that
you choose to browse, use or take advantage of. To the extent
applicable, "you" also includes the corporation or other
legal entity (your "Company"), if any, on whose behalf you
are accessing the Site. You represent and agree that all information
that you provide to AKAPP in connection with your access to and use of
the Site is and shall be true, accurate and complete to the best of
your knowledge, ability and belief. We reserve the right to terminate
this Agreement or to refuse, restrict or discontinue service or access
to the Site (or any portions, components or features of the Site) to
you or any other person or entity, for any reason or for no reason
whatsoever, at any time, without notice or liability. Failure to
comply with the terms of this Agreement may result in the immediate
termination of your access to and use of the Site.
Privacy Policy
Information that you provide or that we collect
about you and your Company through your access to and use of the Site
is subject to our Privacy Policy the terms of which are hereby
incorporated into this Agreement by reference. We encourage you to
read and become familiar with our privacy practices, as described in
our Privacy Policy. To review our Privacy Policy, please click
here.
Security
AKAPP takes commercially reasonable measures to
secure and protect information transmitted to and from the Site,
however we cannot and do not guarantee that any such communications,
or any electronic commerce conducted on or through the Site, is or
will be totally secure. You agree to immediately notify us of any
breach of Site security or of this Agreement of which you become
aware.
Proprietary Content
AKAPP-STEMMANN BV respects the
intellectual property rights of others and expects you to do the same.
We have expended substantial time, effort and funds to create the Site
and to collect and provide the features, materials, opportunities and
services that are available on or through the Site. You understand and
agree that AKAPP-STEMMANN BV owns, or (where required,
appropriate or applicable) has been licensed by third parties to use,
all right, title and interest in and to the Site and the features,
materials, opportunities and services made available on or through the
Site, and all information, text, data, databases, graphics, images,
sound recordings, audio and visual clips, logos, software, and other
materials contained therein, and the collection, design, selection and
arrangement thereof (collectively, the "Content"). You
acknowledge that the Content constitutes valuable proprietary
information that is protected by applicable intellectual property and
other proprietary rights, laws and treaties of the United States and
other countries, and that you acquire no ownership interest by
accessing and using the Site and the Content. Such intellectual
property and proprietary rights may include, but are not limited to,
various patents, copyrights, trademarks and service marks, registered
trademarks and service marks, trade dress protection and trade
secrets, and all such rights are and shall remain the property of
AKAPP-STEMMANN BV and its affiliates or licensors.
Use of Content
AKAPP-STEMMANN BV grants you a limited
license to access and make personal use of the Site and the Content
for legitimate business purposes. Except as expressly provided for in
this Agreement, any alteration, modification, reproduction,
redistribution, retransmission, redisplay or other use of any portion
of the Site or of the Content in any other manner or for any other
purpose constitutes an infringement of our intellectual property and
other proprietary rights. Other than as necessary and required to
facilitate your personal use, you may not reproduce, perform, create
derivative works from, republish, upload, post, retransmit, or
redistribute in any way whatsoever any Content or any portion of the
Site without the prior written permission of AKAPP-STEMMANN BV.
Use of the Content, or any portion thereof, on any other Web site
or other networked computer environment is expressly prohibited
without the prior written permission of AKAPP-STEMMANN BV.
You shall not remove or modify any copyright notice or trademark
legend, author attribution or other notice placed on or contained
within the Content. Except as expressly authorized by AKAPP electro
industrie bv in writing, in no event shall you reproduce, duplicate,
copy, sell, resell or exploit for any commercial purpose, all or any
portion of the Content or the Site, or access to or use of the Content
and the Site.
Use of Submissions
By submitting information and material to the
Site or to AKAPP-STEMMANN BV, whether by e-mail, telephone or
other mode or medium of communication, or through access to and use of
the Site or the Content including, but not limited to, access to and
use of any available pages, applications or bulletin boards,
submitting or posting feedback, questions, comments, suggestions,
ideas, graphics, text, software or computer files of any type, you
thereby expressly grant, or warrant that the owner of such material
has expressly granted, AKAPP-STEMMANN BV a royalty-free,
fully-paid, perpetual, irrevocable, non-exclusive right and license to
use, make and have made, reproduce, modify, adapt, publish, translate
and distribute such material (in whole or in part) worldwide and to
incorporate it in other works in any form, media or technology now
known or hereafter developed, subject to our Privacy Policy, as set
forth on the Site.
Linked Sites
For your convenience, certain hyperlinks may be
provided on the Site which link to other Web sites that are not under
the control of AKAPP-STEMMANN BV. AKAPP-STEMMANN BV
does not endorse or sponsor such Web sites and is not responsible for
the availability, accuracy, content or any other aspect of such Web
sites. AKAPP-STEMMANN BV disclaims all liability for such Web
sites and all use thereof, and for use of the links to such Web sites.
We also disclaim all liability and make no representations or
warranties for any products or services made available, sold or
provided to you by any third party. Your use of other Web sites, and
the offer or purchase of products or services on or through such other
Web sites, is subject to the terms and conditions thereof. You agree
that you will bring no suit or claim against AKAPP electro industrie
bv arising from or based on your use of, or the offer or purchase of
products or services on or through, such other Web sites. Such links
do not imply that: (a) AKAPP-STEMMANN BV is affiliated or
associated with such linked sites; (b) AKAPP-STEMMANN BV is
legally authorized to use any trademark, tradename, logo or copyright
symbol displayed in connection with or accessible through such links;
or (c) any linked site is authorized to use any trademark, trade name,
logo or copyright symbol of AKAPP-STEMMANN BV or any of its
affiliates.
Disclaimer
Although AKAPP-STEMMANN BV strives to
make the Site, the Content, and the features, materials, opportunities
and services provided through the Site helpful, useful, reliable and
current, you understand and acknowledge that your access to and use of
the Site, the Content, and all materials, products and services
available through the Site and AKAPP-STEMMANN BV are at your
own initiative and risk. Neither AKAPP-STEMMANN BV, nor any
affiliate of AKAPP-STEMMANN BV, makes any promise, covenant,
representation, warranty or guarantee that you or any other user of
the Site will obtain any particular or tangible result or goal through
the use of the Site or any other product or service in connection with
use of the Site. It is your responsibility to take precautions to
ensure that any information, materials, software or data that you
access, use, download or otherwise obtain on or through the Site and
AKAPP-STEMMANN BV are: (a) up-to-date, accurate, complete,
reliable, and suitable to and appropriate for the purpose for which
you, or your Company, may desire to use them; and (b) free of viruses
and other destructive routines. THE SITE AND THE CONTENT, AND ALL
MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND
AKAPP-STEMMANN BV ARE PROVIDED "AS IS" AND "AS
AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR
IMPLIED. AKAPP-STEMMANN BV DISCLAIMS ALL WARRANTIES,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AKAPP ELECTRO
INDUSTRIE BV DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE AND
THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE
AND THROUGH AKAPP-STEMMANN BV ARE OR WILL BE ACCURATE,
CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO
WHICH YOU, OR YOUR COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE
OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS,
PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH
AKAPP-STEMMANN BV ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL AKAPP-STEMMANN BV,
ITS CONTRACTORS, SUPPLIERS AND OTHER SIMILAR ENTITIES, AND THE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF
THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR
ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN
CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE, THE
CONTENT, AND THE MATERIALS, PRODUCTS AND SERVICES ACCESSIBLE ON OR
THROUGH THE SITE OR AKAPP-STEMMANN BV; (B) AKAPP-STEMMANN BV'
PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS IN
CONNECTION WITH THIS AGREEMENT; (C) THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER SITE USERS OR OF THIRD PARTIES; OR (D) YOUR
PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES.
UNDER NO CIRCUMSTANCES SHALL AKAPP-STEMMANN BV, ITS
CONTRACTORS, SUPPLIERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO
YOU, YOUR COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES OR COSTS (INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR
DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF
THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR
THE USE OF MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH
THE SITE OR AKAPP-STEMMANN BV, THE USE, COPYING OR DISPLAY OF
THE SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THE
SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF AKAPP-
STEMMANN BV), EVEN IF AKAPP-STEMMANN BV WAS ADVISED,
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF AKAPP-STEMMANN BV,
ITS CONTRACTORS, SUPPLIERS AND OTHER SIMILAR ENTITIES,
AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF
EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THIS
AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY
OF THE FOREGOING, IF AKAPP-STEMMANN BV, ITS CONTRACTORS,
SUPPLIERS AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING, IS
FOUND LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR
OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE
SITE OR YOUR USE OF THE SITE, AKAPP-STEMMANN BV AND SUCH
PARTIES' AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER
MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED EUR 100.
Indemnification
You agree to indemnify, defend and hold AKAPP-
STEMMANN BV, and the officers, directors, employees and
agents of AKAPP-STEMMANN BV, harmless from and against all
claims, demands, suits or other proceedings, and all resulting loss,
damage, liability, cost and expense (including reasonable attorneys'
fees), made by any third party due to or arising out of content, data
or information you submit, post to or transmit through the Site, your
access to and use of the Content, the Site and other materials,
products and services available on or through the Site and AKAPP-
STEMMANN BV, your violation of this Agreement or your
violation of any rights of another. We reserve, and you grant to us,
the right to assume exclusive defense and control of any matter
subject to indemnification by you. All rights and duties of
indemnification that are set forth herein shall survive termination of
this Agreement.
Miscellaneous
This Agreement and the Privacy Policy referenced
herein (as each may be revised and amended from time to time according
to their respective terms) collectively constitute the entire
agreement with respect to your access to and use of the Site and the
materials, products and services available on or through the Site or
AKAPP-STEMMANN BV. Our electronically or otherwise properly
stored copy of this Agreement shall be deemed to be the true,
complete, valid, authentic and enforceable copy of this Agreement and
you agree that you shall not contest the admissibility or
enforceability of AKAPP-STEMMANN BV' copy of this Agreement
in a court in connection with any proceeding arising out of this
Agreement. Except as expressly provided for, this Agreement does not
confer any rights, remedies or benefits upon any person other than you
and AKAPP-STEMMANN BV. AKAPP-STEMMANN BV may assign
its rights and duties under this Agreement at any time to any party
without notice. You may not assign this Agreement without the prior
written consent of AKAPP-STEMMANN BV. This Agreement shall be
binding on and inure to the benefit of the parties hereto and their
respective successors and assigns. Should any provision of this
Agreement be held to be void, invalid, unenforceable or illegal by a
proper legal authority, the validity and enforceability of the other
provisions shall not be affected.
Jurisdiction
The Site was created and is maintained, located
and controlled by AKAPP-STEMMANN BV in The Netherlands. This
Agreement shall be governed by and construed under the Dutch laws,
without regard to conflicts of law principles or rules thereof. Any
legal action arising out of or related to this Agreement and your
access to and use of the Site must be commenced within one year after
the cause of action arises. You and AKAPP-STEMMANN BV each
hereby expressly consent and irrevocably submit to the exclusive
jurisdiction of the state courts for resolution of any matters related
to interpretation, construction or enforcement, or otherwise in
connection with this Agreement, the AKAPP-STEMMANN BV Privacy
Policy referenced herein, or otherwise related to or in connection
with your access to and use of the Site, the Content, and the
materials, products and services available on or through the Site or
AKAPP-STEMMANN BV. You and AKAPP-STEMMANN BV each
expressly waive any claim that venue is improper for any reason in
these courts.
Questions Regarding Terms of Access
Please contact us with any questions regarding
the Site or these Terms of Use by e-mail at pnijhof@akapp.com or by
calling (+31)342 403985.
Acknowledgement
YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY OF AKAPP-
STEMMANN BV REFERENCED HEREIN.
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