1.1 This
Website Service (the "Service") is provided by CRANE
GmbH. and its affiliated business units ("CRANE GmbH") and is
to be used for information purposes only. The following
agreement governs your use of the Service, including
any interactive areas (the "Interactive Areas"). Additional
terms and conditions of use applicable to specific areas
of the Service may also be posted in such areas and,
together with this agreement (the "Agreement"), govern
your use of those areas.
1.2 CRANE GmbH
reserves the right, in its discretion, to change or
modify all or any part of this Agreement at any time,
effective immediately upon notice published on the
Service. Your continued use of the Service constitutes
your binding acceptance of these terms and conditions,
including any changes or modifications made by CRANE GmbH
as permitted above. If at any time the terms and conditions
of this Agreement are no longer acceptable to you,
you should immediately cease all use of the Service.
2.1 You
acknowledge that the Service contains information, software,
photographs, graphics, links and other material (collectively,
the "Content") that are protected by copyright, trademark
or other proprietary rights of CRANE GmbH or third parties.
All Content on the Service is copyrighted as a collective
work of CRANE GmbH pursuant to applicable copyright law. You
agree to comply with any additional copyright notices,
information, or restrictions contained in any Content
available on or accessed through the Service. Users of
the Service may use the Content only for their personal,
noncommercial use.
2.2 You
may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute,
perform, display, or in any way exploit any of the
Content, in whole or in part, except as expressly permitted
in this Agreement. Content consisting of downloadable
software may not be reverse engineered unless specifically
authorized by the owner of the software's patent and/or
copyright. You may post on the Service only Content
owned by you, or for which you have received express
permission from the owner, or Content in the public
domain. You assume all risk and responsibility for
determining whether any Content is in the public domain.
2.3 You
may download or copy the Content only for your own
personal use, provided that you maintain all copyright
and other notices contained in such Content. You shall
not store electronically any significant portion of
any Content. Except as expressly permitted by the copyright
laws, no copying, storage, redistribution or publication
of any Content is permitted without the express permission
of CRANE GmbH or the owners of such Content or their authorized
persons, if other than CRANE GmbH.
2.4 CRANE GmbH
does not want you to, and you should not, send any
confidential or proprietary information to CRANE GmbH via
the Service. You agree that any information or materials
that you or individuals acting on your behalf provide
to CRANE GmbH will not be considered confidential or proprietary.
By providing any such information or materials to CRANE GmbH,
you grant to CRANE GmbH an unrestricted, irrevocable, worldwide,
royalty-free license to use, reproduce, display, publicly
perform, transmit and distribute such information and
materials, and you further agree that CRANE GmbH is free
to use any ideas, concepts or know-how that you or
individuals acting on your behalf provide to CRANE GmbH.
You
shall not post on the Service any Content which (a) is
libelous, defamatory, obscene, pornographic, abusive,
harassing or threatening, (b) contains viruses or other
contaminating or destructive features, (c) violates the
rights of others, such as Content which infringes any
copyright, trademark, patent, trade secret or violates
any right of privacy or publicity, or (d) otherwise violates
any applicable law. You may not post on the Service any
links to any external Internet sites that are obscene
or pornographic. You shall not use the Service for any
commercial purpose, to distribute any advertising or
solicitation of funds or goods and services or to solicit
users to purchase products or services competitive with
products or services sold by CRANE GmbH.
CRANE GmbH
does not and cannot review the Content posted by users
on the Service and is not responsible for such Content.
However, CRANE GmbH reserves the right to delete, move or
edit any Content (including Content posted in any Interactive
Area) that it may determine, in its sole discretion,
violates this Agreement or is otherwise unacceptable.
You shall remain solely responsible for all Content posted
by you. CRANE GmbH shall have the right, but not the obligation,
to correct any errors or omissions in any Content, as
it may determine in its sole discretion.
5.1 CRANE GmbH
does not represent or endorse the accuracy or reliability
of any Content posted on any Interactive Area and you
acknowledge that any reliance upon such Content shall
be at your sole risk. Any Content placed on any Interactive
Area by users are the views of the user posting the statement,
and do not represent the views of CRANE GmbH.
5.2 The
Service may contain links to sites on the Internet
which are owned and operated by third parties (the "Link
Sites"). You acknowledge that CRANE GmbH is not responsible
for the availability of, or the content located on
or through, any Link Site. You should contact the site
administrator or Webmaster for those Link Sites if
you have any concerns regarding such links or the content
located on such Link Sites.
You
agree to indemnify, defend and hold CRANE GmbH and its affiliated
business units, and their respective officers, directors,
owners, agents, information providers and licensors (collectively,
the "CRANE GmbH Parties") harmless from and against any and
all claims, liability, losses, costs and expenses (including
attorneys' fees) incurred by any CRANE GmbH Party in connection
with any use or alleged use of the Service under your
password by any person, whether or not authorized by
you. CRANE GmbH reserves the right, at its own expense, to
assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such
case, you agree to cooperate with CRANE GmbH's defense of
such claim.
CRANE GmbH
reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of
the Service, including the Interactive Areas, at any
time for any reason without prior notice or liability.
CRANE GmbH may change, modify, suspend or discontinue all
or any aspect of the Service at any time, including the
availability of any feature, database, or Content (including
the Interactive Areas), without prior notice or liability.
8.
Disclaimer of Warranties; Limitation of Liability
8.1 NEITHER
CRANE GmbH NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DOES CRANE GmbH, ANY THIRD PARTY CONTENT
PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE
OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED
ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF CRANE GmbH, THIRD
PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, OR
ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH
THE SERVICE. NEITHER CRANE GmbH NOR ANY THIRD PARTY CONTENT
PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING
THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. CRANE GmbH ASSUMES
NO RESPONSIBILITY FOR DAMAGE TO YOUR COMPUTER OR COMPUTER
SYSTEM AS A RESULT OF USE OF THE SERVICE OR THE CONTENT.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE USE,
QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY
OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 CERTAIN
CRANE GmbH BUSINESS UNITS AND THEIR INTERNET LINKS OFFER
KNOWN FORMULAS AND CONFIGURATIONS OR THE LIKE (SOMETIMES
CALLED "TOOLS") AS PART OF THE SERVICE ON THEIR WEBSITES
TO PROVIDE USERS THE CONVENIENCE OF REACHING A PRELIMINARY
DETERMINATION ON THE SIZE, SHAPE OR FUNCTION OF A PRODUCT
OR SERVICE WHICH IS OFFERED. THE ACCURACY OF THE RESULTS
OF USING A TOOL IS DEPENDENT ON THE CORRECT INPUT OF
DATA AND VALUES BY THE USER. CRANE GmbH CANNOT BE HELD RESPONSIBLE
FOR ANY DETERMINATION AS TO THE APPROPRIATENESS OF
ANY PRODUCT OR SERVICE FOR ANY PARTICULAR APPLICATION
AND THE USER ASSUMES ALL RISK AND LIABILITY FOR ANY
SUCH DETERMINATION. NEITHER CRANE GmbH NOR ANY THIRD PARTY
PROVIDER OR AGENT ASSUMES ANY LIABILITY FOR ANY PRODUCT
APPLICATION OR SERVICE BASED ON THE USE OF A TOOL.
8.3 NEITHER
CRANE GmbH, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE
AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CRANE GmbH
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.4 SOME
STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF
CRANE GmbH, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
This
Service is controlled, operated and administered by CRANE
GmbH from its offices within Germany.
CRANE GmbH makes no representation that the Content on
this Service is appropriate or available for use at other
locations outside of Germany and access to
it from territories where the Content is illegal, is
prohibited. You may not use the Service or export the
Content in violation of German export laws and regulations.
If you access this Service from a locations outside of
Germany, you are responsible for compliance
with all local laws.
CRANE GmbH
is sensitive to the privacy issues which may concern
our Web site visitors. We believe it is important that
you know how we treat your personal information as we
receive it through the Internet.
In general, you can visit CRANE GmbH on the World Wide Web without telling us
who you are or revealing any information about yourself. Our Web servers
collect domain names, not e-mail addresses. This information is aggregated
to measure the number of visits, average time spent on the site, pages
viewed, etc. CRANE GmbH uses this information to measure the use of our Service
and to improve its Content.
There are times, however, when we may need information from you such as
your name and address. When this information is needed, we will try to
let you know how that information will be used at the time of collection.
Usually, the personal information we collect is used only by us to respond
to your inquiry, or to allow you to access specific account information.
Occasionally, we may make individual e-mail addresses available to other
reputable organizations whose products or services we think you may find
interesting. In these cases, you will be offered an opportunity to limit
access to your information.
If you register with one of the CRANE GmbH businesses on-line, they may use
this information to provide you with customized content regarding CRANE GmbH
offerings in support of your business needs. A technology called "cookies" may
also be used to provide you with tailored data. A cookie is a small code-based
object that a Web site can send to your browser, which may then be stored
on your hard drive so that we can recognize you when you return. You may
set your browser to notify you when you receive a cookie.
At times we conduct on-line surveys to better understand the needs of our
visitors. When we conduct a survey, we will try to let you know how we
will use the information at the time it is collected from you.
The CRANE GmbH Web site may contain links to other sites such as CRANE GmbH distributors
and sales affiliates. While we try to link only to sites that share our
high standards and respect for privacy, we are not responsible for the
content or the privacy practices employed by other sites.
Please e-mail us at info@cranems.de if
you have any comments or questions about this Privacy Policy or to report
any violations of the Privacy Policy. We will respond to you within 24
to 48 hours in most cases. Also, if you don't want to be contacted in the
future by the brand whose Web site you entered, or if you would like us
to correct or update your Personal Information in our records, please contact info@cranems.de and
indicate the nature of your request in the Subject line.
CRANE GmbH will take reasonable steps to comply with the foregoing requests.
CRANE GmbH
is committed to a program which will insure that CRANE
GmbH's manufacturing, shipping and accounting processes
will
not be disrupted by Year 2000 date or date related problems.
However, the foregoing statement does not imply any warranty
or guaranty of any kind.
This
Agreement constitutes the entire agreement between CRANE GmbH
and you with respect to your use of the Service. Any
claim or cause of action you may have with respect to
your use of the Service must be commenced within one
(1) year after the claim or cause of action arises. If
for any reason a court of competent jurisdiction finds
any provision of the Agreement or portion thereof, to
be unenforceable, that provision shall be enforced to
the maximum extent permissible so as to effect the intent
of the Agreement, and the remainder of this Agreement
shall continue in full force and effect.