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TERMS OF USE
Wilhelm Karmann GmbH, and its affiliated companies, are pleased to welcome you to this website. The following Terms and Conditions (”Terms and Conditions”) govern your (the "User" or "You") use of the Karmann Web Site (the "Web Site") provided by Wilhelm Karmann GmbH, Karmann U.S.A., Inc., Karmann Technical Development, LLC, Karmann Manufacturing, LLC (collectively, the "Company"). These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly.
1. Permitted Use.
User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal educational, informational, and entertainment use. User will not use the Web Site 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 person to, (i) Co-brand the Web Site or any portion of it, or (ii) frame the Web Site or any portion of it (such that the Web Site or a portion of it will appear on the same screen with a portion of another web site). "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 the other party has the right to display, publish, or distribute the Web Site or any content or materials accessible within the Web Site (the "Content"). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.
2. Proprietary Information.
The Web Site is the copyrighted property of the Company. All rights are reserved.
User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company, and the Company retains all right, title, and interest in the Content including, but not limited to, all intellectual property related to the Content. No license or right is granted to User other than the limited right to view the Content. Accordingly, User shall not reproduce, transmit, publish or distribute any Content to any third party without the express written consent of the Company. User may print out one copy of the Content solely for User's personal use. In doing so, User shall 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.
Unless expressly identified as owned by someone other than Company, all marks and names displayed on the Web Site are owned by Company. Additionally, Company claims the following trademarks and trade names as its exclusive property:
• Wilhelm Karmann GmbH
• Karmann U.S.A., Inc.
• Karmann Technical Development, LLC
• Karmann Manufacturing, LLC
• Karmann-Coupe
• Karmann®
• the Karmann emblem
• Atlas Spaceframe
3. Disclaimer.
Although the Web Site is regularly updated, the Company cannot guarantee its correctness, completeness, topicality or trouble or error free use. THEREFORE, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY CONTENT ACCESSIBLE WITHIN OR THROUGH THE WEB SITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
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. 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 Web Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet.
4. Limitation on Liability.
The Company, its employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company for the applicable Content or service out of which liability arose.
5. Indemnity.
User will indemnify and hold the Company, its employees, agents, officers and directors (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. 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 Web Site.
6. Linking, Forums and E-mails.
The Web Site may refer to third parties or contain links or hyperlinks to the web sites of third parties. This is done only for the convenience of the User and does not indicate approval or acceptance by the Company of the third party, its web site or its products or services. The Company disclaims any responsibility for the information, content or operation of any third party web site. By activating the link, User waives and releases Company from any liability associated with the linked web site.
Information posted on forums, bulletin boards, or similar portions of the Web Site ("Forums") is supplied by third parties and other Users unless the Company or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other User are those of the respective author(s) and not of the Company. User hereby grants to Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any information conveyed to the Company or any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed. Any information supplied by User shall be stored and processed according to the German regulations for the protection of such information.
The Company assumes no responsibility for information transmitted to it via E-mail or other means. Unless an express written agreement is executed to the contrary, the Company has no obligation to employ any measures to protect the confidentiality of information transmitted to it.
7. Links to Company’s Web Site.
Permission by the Company is required before any third party web site may create links to the Company’s Web Site. The Company may withhold permission in its sole discretion. Any linking agreement must include the following: i) the link must point to the start up page at www.karmann.com, ii) the start up page must reload completely without appearing within a frame, and iii) the link must be clearly identified to the user as a link to a site operated by the Company.
8. Cookies.
Karmann uses cookies to provide the User with an easily navigated web site and to help tailor the content to the User’s preferences. Use of the Web Site constitutes User’s consent to the collection and use of such information. The Web Site can be viewed either with the cookie feature activated or disabled. Refer to the instructions for Your browser to determine how to adjust the browser’s cookie settings. If cookies are disabled, the functions of the Web Site available to You may be limited.
9. Severability.
If any provision of these Terms of Use are held invalid, prohibited or unenforceable in any jurisdiction, then as to such jurisdiction these Terms of Use shall be ineffective only to the extent of such invalid, prohibited or unenforceable provision without invalidating the remaining provisions or without effecting the validity or enforceability of such provision in other jurisdictions.
10. Miscellaneous.
Questions or comments regarding the Web Site or its Content should be made to:
Wilhelm Karmann GmbH
Karmannstr. 1
49084 Osnabrueck
Germany
info@karmann.com
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