Terms of Use

I.                    Scope

Any use of this website ("STULZ website"), provided by STULZ and its affiliates/subsidiaries ("STULZ"), constitutes acceptance of these terms. By using or logging in to the Stulz website, the User accepts this offer and these Terms of use in their current version. Where other contractual relationships with STULZ are concerned, the terms agreed in this respect shall take precedence.

II.                  Access

STULZ may deny access to the STULZ website at any time, for individual or all Users, in particular if the User breaches any obligation arising from these terms. Only registered Users may access password-protected pages. STULZ reserves the right to deny registration and to revoke access at any time. Otherwise, the "Terms of use for password-protected pages" take precedence regarding the use of password-protected pages.

User agrees not to use the Site for any illegal or unauthorized purpose, not to engage in any activity that disrupts any services on the Site, not to change or alter any data on the Site, not to use or launch any type of automated system on or through the Site, and not to express or submit any abusive, obscene or inappropriate content on the Site.

III.                Information and documentation

1.    Before downloading information, brochures, technical descriptions, installation instructions, calculation or planning models, documentation, etc. (collectively referred to hereafter as "information and documentation"), and other data from the STULZ website, the User shall, for his own protection and to keep the STULZ website free from viruses, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner in particular.

2.    The User may not change the information and documentation provided on the STULZ website, nor delete parts of it. Information and documentation, trademarks, and other content of the Stulz website may not be copied, reproduced, sold, supplemented or otherwise used in any other way without the prior written permission of STULZ.

3.    The information and documentation is protected by copyright and other laws and agreements, where applicable, respecting intellectual property. The User shall observe such laws and in particular shall not remove any marks, trademarks or copyright notices neither from the information and documentation nor any copies thereof, nor shall the User make use of any content protected by copyright (images, texts, files, etc.) without the written permission of STULZ. No intellectual property rights of any kind, such as patents, utility models or trademarks, are granted to the User.

4.    The information or documentation on the STULZ website may contain specifications or general descriptions of the technical details of individual products which may not be available in certain cases (e.g., due to product changes). The required performance characteristics of a product shall therefore be agreed in each case at the time when a contract to purchase the product is concluded.

5.    Insofar as information or documentation is made available on the STULZ website at no cost, any liability on the part of STULZ for defects as to quality or title, especially in relation to their correctness, absence of defects, or the absence of claims or third-party rights, or in relation to completeness and/or fitness for purpose, is excluded – unless required by law in accordance with point V.3. sentence 2 clause 2 of these Terms of use.

IV.                Duties of the User

1.    Access to the STULZ website, as well as to the information and documentation found thereon, from countries where such access is unlawful is prohibited.

2.    In utilizing the STULZ website, the User shall comply with all applicable statutory regulations, decrees, and official instructions without exception and shall not harm other persons or infringe their personal rights, violate any industrial property right, copyright or any other proprietary right, upload any content containing malware, viruses or Trojan Horses, or distribute advertising or unsolicited e-mails ("spam") or inaccurate warnings of viruses, defects or similar material, nor shall the User solicit or request participation in any lottery, snowball system, chain letter, pyramid scheme or similar activity.

V.                  Liability

1.    The STULZ website may contain hyperlinks to the web pages of third parties, over whose content STULZ has no influence. The respective provider or operator of the pages in question is always responsible for the content of linked pages. STULZ shall have no liability or responsibility for the content of these third-party web pages and does not make representations about or endorse their content as its own. The use of such web pages shall be at the sole risk of the User.

2.    STULZ shall have no liability for the continuous availability of the STULZ website.

3.    The liability of STULZ for defects in relation to quality and title in respect of the information and documentation provided on the STULZ website shall be determined in accordance with point III.5. of these Terms of use. STULZ shall have no liability for damages arising out of User's use of site including, without limitation, any direct, incidental, consequential, indirect, special damages, costs, lost profits, lost data or any other damage whether based in contract, tort, warranty, and whether or not User was advised of the possibility of such damages. 

4.    STULZ does not guarantee that the STULZ website is virus-free.

5.    User agrees to indemnify and hold harmless STULZ, including all of its officers, directors, shareholders, agents, servants, and employees from and against any and all claims, suits, debts, demands and attorneys’ fees, of any nature arising out of or related to User’s use of the Site including, without limitation, any claim for violation of intellectual property rights, confidentiality, infringement, or any local, state, or federal law or regulation.

6.    STULZ has sole discretion to alter or modify its terms of use at any time or to correct any errors or omissions.  User’s continued use of the Site following any such modifications constitute acceptance of the modified terms.

V.                  Disclaimer Regarding Content

Our web pages have been created with the utmost care. However, we do not guarantee that the information provided here is correct, complete or up to date, nor do we accept any liability for the same. Point V of the Terms of use also applies here. We disclaim all representations and warranties, express or implied, including without limitation all warranties of fitness for a particular purpose, infringement, uninterrupted access or error-free content, and excluding all damages of any kind arising out of or related to the use of the site.

Disclaimer regarding links

Despite inspecting their content carefully, we do not accept any liability or responsibility for links to external web pages provided by third parties, nor for their content. Linked pages and their content are the responsibility of their operators and providers alone.

Copyright and ancillary copyright

The content of our web pages is subject to United States and German copyright and ancillary copyright law. The copyright owner or rightsholder retains all rights of exploitation of any kind. Unless any statements are made to the contrary, all protectable content (images, texts, files, etc.) is the copyright of STULZ USA and/or STULZ GmbH and may not be used without our written consent. 

 

VI.                Miscellaneous

1.    These terms represent the entire agreement between the User and Stulz regarding use of the Site.  These terms supersede all previous agreements and representations relating to the subject matter hereof. Any terms that differ in any respect from these Terms and Conditions are hereby null and void. 

2.    The interpretation, construction, effect, and performance of this document and an agreement of sales therefrom, is to be governed by the laws of the State of Maryland.  Customer agrees and consents to the jurisdiction of the federal and state courts of Maryland for the resolution of any disputes, without regard to conflict of laws principles. 

 

 

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