This Web Site (the "Site") is provided by Hygrocontrol COSA Xentaur GmbH is subject to the following Terms of Service (the "Agreement"), which may be updated by us from time to time in our sole discretion. Hygrocontrol COSA Xentaur GmbH reserves the right to alter this Agreement without advance notice by posting a revised Agreement.
This Agreement applies to Site located at hygrocontrol.de. In addition, when using particular service(s) provided through the Site, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such service(s). All such guidelines, rules, terms, and conditions are hereby incorporated by reference into this Agreement.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE HYGROCONTROL COSA XENTAUR GMBH TERMS OF SERVICE THEN IN EFFECT.
The Site may not be available at all times or in all areas. Hygrocontrol COSA Xentaur GmbH may permit you to register for services, and/or deny service to you, at any time and in its sole discretion, including without limitation in the event you do not adhere to the Rules of Conduct set forth below. Hygrocontrol COSA Xentaur GmbH reserves the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that Hygrocontrol COSA Xentaur GmbH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any Content or Service (as defined below). Your continued use of the Site after ANY such changes will indicate your acceptance of such changes.
Any questions about the meaning or application of this Agreement should be directed here.
Description of the Content and Services
Hygrocontrol COSA Xentaur GmbH provides users of the site with access to certain content concerning Hygrocontrol COSA Xentaur GmbH and its products and services, including descriptions, contact information, links, and other specialized content (collectively, the "Content"), as well as opportunities to contact Hygrocontrol COSA Xentaur GmbH or third parties, and other features and services (all of the foregoing, collectively with the Content, the "Services").
Information Submitted Through or in Connection with the Site
Rules of Conduct
While using the Site, you agree to comply with all applicable laws, rules, and regulations. In addition, Hygrocontrol COSA Xentaur GmbH expects users of the Site to respect the rights and dignity of others, and your use thereof is conditioned on your compliance with the following Rules of Conduct.
You will not:
Hygrocontrol COSA Xentaur GmbH Proprietary Rights
You acknowledge and agree that the information and materials presented to you on or through the Site, including without limitation the Content and the Services, are and shall remain the property of Hygrocontrol COSA Xentaur GmbH and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You may download one (1) copy of any material publicly available on the Site to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices, and subject to all other terms and conditions of this Agreement. Except as expressly authorized in advance by Hygrocontrol COSA Xentaur GmbH , you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation the Content and the Services, that are made available on or through the Site.
You may request, and Hygrocontrol COSA Xentaur GmbH may provide, from time to time, certain Content which is confidential information of Hygrocontrol COSA Xentaur GmbH , and which Hygrocontrol COSA Xentaur GmbH intends to protect as confidential, including without limitation copies of materials presented at Hygrocontrol COSA Xentaur GmbH seminars, tradeshows or meetings. Such Content is marked "confidential" or with a similar legend. In addition to the restrictions on the use of any Content set forth above, you agree to hold all confidential Content in strict confidence, not to disclose it to any third party, and to use at least reasonable care to protect its confidentiality and prevent its unauthorized use or disclosure.
All trademarks and service marks on the Site not owned by Hygrocontrol COSA Xentaur GmbH are the property of their respective owners. The trade names, trademarks and service marks owned by Hygrocontrol COSA Xentaur GmbH, whether registered or unregistered, may not be used in connection with any product or service that is not Hygrocontrol COSA Xentaur GmbH 's, or in any manner that is likely to cause confusion with customers. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Hygrocontrol COSA Xentaur GmbH trade names, trademarks, or service marks without the prior express written permission of Hygrocontrol COSA Xentaur GmbH.
Limitation of Liability and Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND SERVICES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COSA XENTAUR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HYGROCONTROL COSA XENTAUR GmbH WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF HYGROCONTROL COSA XENTAUR GMBH HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN PARTICULAR, AND WITHOUT LIMITATION, HYGROCONTROL COSA XENTAUR GmbH WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, ANY SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS OR SERVICES ACCESSED, USED, ACQUIRED, OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE IS TO STOP USING THE SITE.
WITHOUT LIMITING THE FOREGOING, HYGROCONTROL COSA XENTAUR GMBH MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) THE QUALITY OF ANY SERVICES ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (F) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER HARMFUL COMPONENTS.
While we try to maintain the Site's integrity and security (and the integrity and security of the servers on and in connection with which the Site is operated), we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies or errors, or materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of such a situation, please contact us here with a description of the material(s) at issue, and the location ("URL") where such material(s) appear.
End User Software Agreement/Use of Software
Any software, software updates, and/or firmware that is available on this Site ("Software") is the copyrighted work of Hygrocontrol COSA Xentaur GmbH and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software.
By downloading software from this Site, you acknowledge that you have read and accepted the terms of the accompanying software license.
WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, HYGROCONTROL COSA XENTAUR GmbH, ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT HYGROCONTROL COSA XENTAUR GmbH, HYGROCONTROL COSA XENTAUR GMBH’S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Representations and Warranties; Indemnity
You represent and warrant that you will comply with all applicable laws in connection with your use of the Site and Services. You agree to defend, indemnify, and hold harmless Hygrocontrol COSA Xentaur GmbH and its sponsors, directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site or Services; (b) any violation of this Agreement by you; or (c) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
You agree that Hygrocontrol COSA Xentaur GmbH, in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including, without limitation, if Hygrocontrol COSA Xentaur GmbH believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site and/or the Services under any provision of this Agreement may be effected without prior notice. Upon termination of this Agreement, your right to use the Site will immediately cease. Hygrocontrol COSA Xentaur GmbH shall not be liable to you or any third party for any termination of your access to the Site or any part thereof.
The Site is controlled and operated by Hygrocontrol COSA Xentaur GmbH from its principal office in Germany, and is not intended to subject Hygrocontrol COSA Xentaur GmbH to the laws or jurisdiction of any state, country or territory other than Germany. Hygrocontrol COSA Xentaur GmbH does not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. This Agreement is governed by and construed in accordance with the laws of Germany, without regards to its principles of conflicts of law. You agree to exclusive jurisdiction the courts located in Germany and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under this Agreement without Hygrocontrol COSA Xentaur GmbH's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Hygrocontrol COSA Xentaur GmbH relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Hygrocontrol COSA Xentaur GmbH Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to this Agreement or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Information or Complaints
If you have a question or complaint regarding the Site, please contact us here.
Last updated on: 12 December 2018