TERMS AND CONDITIONS OF USE
We have taken
every effort to design our Web site to be useful, informative, helpful,
honest and fun. Hopefully we’ve accomplished that — and would ask that
you let us know if you’d like to see improvements or changes that would
make it even easier for you to find the information you need and want.
All
we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using our
site you automatically agree to them. Naturally, if you don’t agree,
please do not use the site. We reserve the right to make any
modifications that we deem necessary at any time. Please continue to
check these terms to see what those changes may be! Your continued use
of the Business-German-Academy.com website means that you accept those changes.
Restrictions on Use of Our Online Materials
All
Online Materials on the Business-German-Academy.com site, including, without
limitation, text, software, names, logos, trademarks, service marks,
trade names, images, photos, illustrations, audio clips, video clips,
and music are
copyrighted intellectual property. All usage rights are
owned and controlled by Business-German-Academy.com. You, the visitor, may
download Online Materials for non-commercial, personal use only provided
you 1) retain all copyright, trademark and propriety notices, 2) you
make no modifications to the materials, 3) you do not use the materials
in a manner that suggests an association with any of our products,
services, events or brands, and 4) you do not download quantities of
materials to a database, server, or personal computer for reuse for
commercial purposes. You may not, however, copy, reproduce, republish,
upload, post, transmit or distribute Online Materials in any way or for
any other purpose unless you get our written permission first. Neither
may you add, delete, distort or misrepresent any content on the Business-German-Academy.com site. Any attempts to modify any Online Material, or
to defeat or circumvent our security features is prohibited.
Everything
you download, any software, plus all files, all images incorporated in
or generated by the software, and all data accompanying it, is
considered licensed to you by Business-German-Academy.com or third-party
licensors for your personal, non-commercial home use only. We do not
transfer title of the software to you. That means that we retain full
and complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to redistribute or sell
the material or to reverse-engineer, disassemble or otherwise convert
it to any other form that people can use.
Submitting Your Online Material to Us
All
remarks, suggestions, ideas, graphics, comments, or other information
that you send to Business-German-Academy.com through our site (other than
information we promise to protect under our privacy policy becomes and
remains our property, even if this agreement is later terminated.
That
means that we don’t have to treat any such submission as confidential.
You can’t sue us for using ideas you submit. If we use them, or anything
like them, we don’t have to pay you or anyone else for them. We will
have the exclusive ownership of all present and future rights to
submissions of any kind. We can use them for any purpose we deem
appropriate to our Business-German-Academy.com mission, without compensating you
or anyone else for them.
You acknowledge that you are
responsible for any submission you make. This means that you (and not
we) have full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
Limitation of Liability
Business-German-Academy.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
OTHER
MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR
INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)
WE ARE
NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT
OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES.
IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD
NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER
THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY
TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY
KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR
CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE
CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE
AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Sites
We
sometimes provide referrals to and links to other World Wide Web sites
from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered at sites
you can access through our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your WWW browser to see if
you are still in a Business-German-Academy.com-operated site or have moved to
another site. Business-German-Academy.com is not responsible for the content or
practices of third party sites that may be linked to our site. When Business-German-Academy.com provides links or references to other Web sites, no
inference or assumption should be made and no representation should be
inferred that Business-German-Academy.com is connected with, operates or controls
these Web sites. Any approved link must not represent in any way,
either explicitly or by implication, that you have received the
endorsement, sponsorship or support of any Business-German-Academy.com site or
endorsement, sponsorship or support of Business-German-Academy.com, including its
respective employees, agents or directors.
Termination of This Agreement
This
agreement is effective until terminated by either party. You may
terminate this agreement at any time, by destroying all materials
obtained from all Business-German-Academy.com Web site, along with all related
documentation and all copies and installations. Business-German-Academy.com may
terminate this agreement at any time and without notice to you, if, in
its sole judgment, you breach any term or condition of this agreement.
Upon termination, you must destroy all materials. In addition, by
providing material on our Web site, we do not in any way promise that
the materials will remain available to you. And Business-German-Academy.com is
entitled to terminate all or any part of any of its Web site without
notice to you.
Jurisdiction and Other Points to Consider
If
you use our site from locations outside of Germany, you are
responsible for compliance with any applicable local laws.
These
Terms of Use shall be governed by, construed and enforced in accordance
with the laws of Germany , as it is applied to agreements entered
into and to be performed entirely within such jurisdiction.
To
the extent you have in any manner violated or threatened to violate Business-German-Academy.com and/or its affiliates’ intellectual property rights, Business-German-Academy.com and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court of Germany, and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If
a dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following
location: Düsseldorf, Germany. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of us.
If
it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Düsseldorf,Germany under the rules of the German law. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
Business-German-Academy.com may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.