Dr. Klaus Duering
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Website Terms and Conditions
IMPORTANT! THESE TERMS AND CONDITIONS
(THE "TERMS AND CONDITIONS") GOVERN YOUR (THE "USER"
OR "YOU") USE OF THE WEBSITE (THE "WEBSITE")
PROVIDED BY AXARA CONSULTING (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: March 26th, 2003
Axara Consulting's website has the aim only
to offer general information on Axara Consulting. 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.
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.
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 Axara Consulting, companies
cooperating with Axara Consulting, Licensees of Axara Consulting
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, Axara
Consulting does not claim any right or title to such trademark.
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
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.
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.
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.
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.
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.
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.
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,
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.
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
Headings. The section titles in the TOS are
for convenience only and have no legal or contractual
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.