Terms of Use

Last Updated: 10/8/14

Welcome to the Uhlig LLC (“Uhlig”) website located at www.uhlig.com (the “Site”). Please read these Terms of Use (these “Terms”) carefully because they govern your use of the Site.

 

Agreement to Terms

By using our Site, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Site. If you are accessing and using the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

 

Changes to Terms or Site

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know by posting the modified Terms on the Site. It’s important that you review the Terms whenever we modify them because if you continue to use the Site after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Site anymore. We may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.

 

Who May Use the Site

You may use the Site only if you are 18 years or older and capable of forming a binding contract with Uhlig, and are not barred from using the Site under applicable law.

 

Feedback

We welcome feedback, comments and suggestions for improvements
to the Site (“Feedback”). You can submit Feedback by emailing us at customerservice@uhlig.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

Privacy Policy

Please refer to our Privacy Policy (www.uhlig.com/privacy-policy) for information on how we collect, use and disclose information from our users.

 

Ownership of Site

Uhlig and its licensors exclusively own all right, title and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.

 

General Prohibitions and Uhlig’s Enforcement Rights

You agree not to do any of the following:

 

 

Although we’re not obligated to monitor use of the Site, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

DMCA/Copyright Policy

Uhlig respects the intellectual property rights of others and expects our users to do the same.  It is our policy to remove content that infringes, and to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing, the rights of copyright holders.  If you believe that any content on the Site infringes your copyright, send a notice to us by mail, fax or email to:

 

Uhlig LLC

Attention: Legal Department

8455 Lenexa Drive

Overland Park, KS 66214

phone: (913) 725-1000

fax: (913) 725-1099

email: legal@uhlig.com

 

Your notice must comply with all of the following requirements:

 

We will respond to all notices that comply with these requirements. We’ll investigate your claim and remove any infringing content.

 

Links to Third Party Websites or Resources

The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

 

Termination

We may terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Site, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and governing law and dispute resolution provisions.

 

Warranty Disclaimers

THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content on the Site.

 

Indemnity

You will indemnify and hold harmless Uhlig and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Site, or (ii) your violation of these Terms.

 

Limitation of Liability

NEITHER UHLIG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UHLIG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

IN NO EVENT WILL UHLIG’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED THE AMOUNTS YOU HAVE PAID TO UHLIG FOR USE OF THE SITE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO UHLIG, AS APPLICABLE.

 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UHLIG AND YOU.

 

Governing Law & Dispute Resolution

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.  The parties expressly consent to personal and exclusive jurisdiction in the federal and state courts located in Delaware.

 

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Uhlig and you regarding the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Uhlig and you regarding the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

You may not assign or transfer these Terms, by operation of law or otherwise, without Uhlig’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Uhlig may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Any notices or other communications provided by Uhlig under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

 

Uhlig’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Uhlig. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Contact Information

If you have any questions about these Terms or the Site, please contact Uhlig at legal@uhlig.com, or by mail to Uhlig LLC, Attention Legal Department, 8455 Lenexa Drive, Overland Park, KS 66214.

 

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