ACCEPTANCE OF TERMS
Welcome to the ADLER information website and online portal, provided to you ADLER Elektrotechnik Leipzig. ("we" or "us"). These Terms of Service ("TOS") govern your use of the content, downloads and services offered through ADLER in connection with this website.
By using this website, you accept and agree to be bound by these TOS. If you disagree with the TOS or any changes thereto, you should discontinue your use of the ADLER website.
The TOS may be updated by us from time to time with or without prior notice. You should review the TOS periodically for changes on this Terms of Service page.
Unless explicitly stated otherwise, any new pages, features or enhancement or release of new properties to the website shall be subject to the TOS. Your use of a particular service may also be subject to guidelines and policies applicable to such service which may be posted and changed by ADLER from time to time. All such guidelines and policies are incorporated by reference into the TOS. In case of inconsistency between the TOS and any other guidelines or policies, the TOS will prevail.
YOUR OBLIGATIONS AS A REGISTERED USER
In consideration of your use of the website and online portal, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the website's registration form ("Member Registration") and (b) maintain and promptly update your contact information to keep it true, accurate and complete.
You must be at least eighteen (18) years of age or part of a company or legal person. If you are not of legal age in your country of residence, you must have your parent or legal guardian to complete the registration on your behalf.
If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any future use of our service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the online portal’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account and of any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You acknowledge that all information, data, text, software, files, sounds, photographs, graphics, video, messages and other materials on the ADLER website ("Content") are the sole responsibility of the person from whom such Content originates. You are entirely responsible for all Content that you upload to, post in or transmit via the online portal. We do not guarantee the accuracy, integrity or quality of the Content on this website. You acknowledge that by using the service, you may be exposed to Content that is incorrect or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, errors or omissions in Content, or for any loss or damage incurred as a result of the use of any Content.
You agree not to use the website and online portal to:
- upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge or manipulate any identifiers in order to disguise the origin of Content posted in the online portal;
upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the service or servers or networks connected to the service, or otherwise act in a manner that negatively affects other users' ability to use the website;
- violate any applicable law or regulation; or
- collect, process, combine or store personal data about other users or "stalk" or harass anyone.
You acknowledge that a violation of this policy will result in an immediate termination of a user account and services and may result in legal actions and fees against you.
We shall have the right (but not the obligation) and at our sole discretion to refuse, move or remove any Content that is available via the website and online portal that may violate the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of any Content.
You agree that we may access, preserve, and disclose your account information and your Content: (a) to our customer service department and affiliated branches within the ADLER Group strictly for the purpose of providing the desired service to you in an efficient manner; (b) for the purpose of properly administering your account in accordance with our standard operating procedures; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; respond to your requests for customer service; or protect the rights, property, or safety of our services, their users and the public. We may keep records of customer service emails and communication and collect further information resulting from interactions between you and ADLER.
PRODUCTS AND DELIVERY
Products are displayed and offered for ordering at the ADLER website. We are doing our best efforts to make certain that the products purchased by you from ADLER are of professional quality, meet the requirements of all relevant technical standards and regulations and are in all material respects in accordance with the product description displayed at the ADLER website.
Detailed instructions to our ordering and delivery conditions are given in the relevant chapters of the ADLER Terms of Sales, which you can receive from our customer service. Such instructions may be customized or amended from time to time and you will be notified accordingly. You understand and agree that our Terms of Sales will form an integral part of this TOS.
Warranty terms are product specific, and therefore will be provided during the ordering procedure.
COMPLIANCE WITH LOCAL LAWS AND RULES
You agree to comply with all local laws and rules of your country of residence regarding online conduct and acceptable Internet content, as well as with all applicable laws regarding the electronic transmission of technical data.
NO TRANSFER OF SERVICE
You agree not to transfer, reproduce, duplicate, copy, sell or resell any portion of the website or usage of the services and online portal to any third parties.
We reserve the right at any time to update, modify or discontinue, temporarily or permanently, the websites and services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any updates, modifications, suspensions or discontinuance of the website.
Our website and online portal may include links to external Internet sites or resources. Because we have no control over any linked sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any materials or services on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such materials or services available on or through any such site or resource.
You acknowledge and agree that the ADLER website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any Content presented to you through the website and our services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, loan, sell, distribute or create derivative works based on the website, service or Content, in whole or in part.
You agree not to access, or make an attempt to access the website and online portal by any means other than through the interface that is provided by us.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents and other partners, retailers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the usage and display of the Content on this website, provided there is no provable culpable intent or gross negligence from our side.
You expressly acknowledge and agree that: your use of our service is at your sole risk. the service is provided on an "as is" and "as available" basis. to the fullest extent permitted by applicable law, we expressly disclaim all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchant-ability, satisfactory quality or fitness for a particular purpose.
we make no warranty or representation that (i) the website and service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the website will be accurate or reliable, (iv) and the quality of any products, services, information, or other material purchased or obtained by you through the w will meet your expectations.
downloading or otherwise obtaining any content through our website and the use of our service is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such content.
no advice or information, whether oral or written, obtained by you from us or through or from the website shall create any warranty or other obligation not expressly stated in the TOS.
Limitation of liability
You expressly acknowledge and agree that we shall not be liable for any damages whatsoever, whether direct or indirect, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the service or any product displayed in the service; (ii) the cost of procurement of substitute products and services in the event of unavailability; (iii) unauthorized access to or alteration of your personal data and transmissions; (iv) allegations or conduct of any third party in regards to the service; or (v) any other matter relating to the service or products displayed or sold through the service.
our entire liability and your exclusive remedy shall not exceed the amount paid by you for the relevant product and services.
you agree that regardless of any statute or law to the contrary, to be valid any claim or cause of action arising out of or related to use of the service, any products displayed in or sold through the service or the TOS must be filed within one (1) year after such claim or cause of action arose.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damage. accordingly, some of the above limitations of sections 14 and 15 may not apply to you. Nothing in the TOS shall affect the statutory rights of consumers.
You agree that we may terminate, in our sole discretion, your password, Member Account (or any part thereof) or restrict the use of the web services, and remove and discard any Content within the website, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the TOS. You agree that any termination of your access to the website and online portal under any provision of this TOS may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Member Account.
Any account that has not been used for a certain period of time may be terminated and all data and contents therein permanently deleted in line with our guidelines and policies. You agree that we have no responsibility or liability for the deletion or failure to store any data maintained or transmitted through the website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our service.