Lohr North America LLC
All right, title and interest in any content (including, but not limited to, all intellectual property rights therein) available on, or made available through, the Site (collectively “Content”) belongs to, or is licensed by, Lohr. User may access and use any Content solely in connection with User’s authorized use of the Site, and for no other purpose. For the sake of clarity, User may not access or use any Content for any purpose prohibited by (a) Lohr, in its sole discretion, after User receives notice of such prohibition, (b) this Agreement, or (c) any applicable law.
4. Third-Party Vendors
Lohr may rely on third parties to provide products, services and content in connection with the Site (individually a “Third-Party Vendor”), and Lohr will have no responsibility or liability with respect to any Third-Party Vendor or any Third-Party Vendor’s products, services or content. A Third-Party Vendor may impose additional terms upon User’s accessing and using such products, services and content, and if User accesses or uses such products, services or content, User will be bound by such terms.
5. User’s Responsibilities
User is solely responsible and liable for (a) using all commercially reasonable measures to protect any personal information collected by User through the Site from loss or unauthorized access, alteration, disclosure or use, (b) obtaining and maintaining all third-party equipment, software and services necessary to use the Site, (c) protecting access to, and security of, all equipment, software and services used to connect to the Site, (d) performing all of User’s obligations pursuant to this Agreement, (e) except as set forth in Section 7, obtaining and maintaining appropriate licenses and rights for use of any third-party products, services or content in connection with using the Site, and for paying all fees associated therewith, (f) promptly reporting to Lohr in writing any defect or error in, shortcoming of, and other problem with, the Site, (g) User’s compliance with all applicable law in connection with all matters for which User is responsible hereunder or User’s use of the Site, and (h) obtaining from any third party any required approval, authorization, consent, license, permission and permit necessary to enable User to access and use the Site as contemplated herein.
6. Security Breach
User shall immediately notify Lohr in writing of any loss or unauthorized access, alteration, disclosure or use of any personal information collected by User through the Site. In responding to any such breach, User shall comply with all applicable laws and render all assistance requested by Lohr so that Lohr can comply with all laws applicable to Lohr, if any, or take any other appropriate remedial measures as a result of such breach.
7. Third-Party Websites
The Site may contain links to, or may be accessible through links on, websites that are not operated by Lohr. Lohr is not responsible for any content contained on, or otherwise with respect to, such other websites. No link from the Site to another website, or from another website to the Site, is an endorsement, sponsorship or recommendation by Lohr of such other website and links are provided only for User’s convenience. Lohr will have no responsibility or liability to User arising from any link between the Site and a third-party website.
User shall indemnify, defend and hold harmless Lohr from all costs, damages, expenses, fines, liabilities, losses, penalties and payments (including, but not limited to, fees and disbursements of counsel to Lohr) resulting from, or relating to, (a) User’s failure to perform any obligation or assume any responsibility pursuant to this Agreement, (b) any warranty or representation made by User in this Agreement being untrue or misleading in any respect, (c) any unauthorized use of the Site by User, (d) any products, services or content of Third-Party Vendors, or (e) except to the extent Lohr is grossly negligent or engages in intentional misconduct, any action taken, or not taken, by User (or any third party on behalf of User) in reliance on the Site or any other use of the Site.
9. Warranty Disclaimer
THE SITE IS MADE AVAILABLE TO USER “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, LOHR DISCLAIMS All IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
10. Limitation of Liability
LOHR WILL IN NO CASE BE LIABLE TO USER OR ANY THIRD PARTY WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT ONLY IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY LOHR, IN NO EVENT WILL ANY LIABILITY OF LOHR WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY USER OR (B) $1,000. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY LOHR, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.
Lohr may revise any provision of this Agreement from time to time by (a) posting the revised provision so that it is accessible to User on the Site, or (b) notifying User of the revised provision in an email message or other notice sent to User at the address for User in Lohr’s records. Any such revision will be effective immediately upon the earlier of such posting, sending such email message or five days after such notice is placed in regular mail, with postage prepaid, as set forth in this Section. User is responsible for periodically checking this Agreement on the Site for revisions to this Agreement. Any other revision to this Agreement must be in a writing signed by Lohr and User. The latest version of this Agreement will always be the one posted on the Site.
User must send notices to Lohr relating to the Site or this Agreement at firstname.lastname@example.org. Any such notice will be effective upon actual receipt by Lohr. Lohr may send notices to User relating to the Site or this Agreement through e-mail, regular mail or a general posting on the Site. Any such notice from Lohr will be effective (a) immediately upon Lohr’s sending such notice to the address it has in its records for User in the case of e-mail, (b) five days after Lohr’s sending such notice to the address it has in its records for User, with postage prepaid, in the case of regular mail, and (c) immediately upon User’s entering the Site after such notice is posted on the Site.
No failure of Lohr to exercise, and no delay by Lohr in exercising, any right or remedy under this Agreement shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by Lohr, and specifically referring to each such right or remedy being waived.
16. Equitable Remedies
User acknowledges that a remedy at law will be inadequate if User violates any provision of Section 1, 3, 4, 6, 7, 12, 13, 14, 16, 18 or 19, and if Lohr reasonably believes User has violated any such provision, User consents to Lohr’s obtaining from a court having jurisdiction an injunction, a restraining order, specific performance or other equitable remedy against User, without any requirement for a bond or other security. The right of Lohr to obtain any such equitable remedy shall be in addition to, and not in lieu of, each other right or remedy available to Lohr under this Agreement or any applicable law.
17. Force Majeure
Lohr shall not be liable or responsible to the other party for damages incurred by User for any delay or failure by Lohr in performing an obligation pursuant to this Agreement to the extent such failure is caused by (a) death or illness, (b) flood, rain, snow or other weather conditions, (c) governmental action, (d) slowdowns, strike or other labor disturbances, (e) riot, (f) terrorism, (g) unavailability of utilities or other essential services, (h) war, whether or not war is actually declared, or (i) other events or occurrences beyond the reasonable control of Lohr, so long as Lohr promptly notifies User of, and uses commercially reasonable efforts to overcome as soon as reasonably practicable, such events or occurrences.
18. Third-Party Beneficiaries
There are no third-party beneficiaries of this Agreement, and no provision of this Agreement can be enforced or relied upon by any third party.
User represents and warrants to Lohr that User (1) has carefully read this Agreement, (2) is entering into this Agreement on behalf of User, and if applicable, User’s employer, and (3) has sufficient capacity to enter into this Agreement and bind User and, if applicable, such employer.
Effective Date: July 1st, 2019