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Welcome to
vonpenshall.com
We maintain
this web site as a service to our customers. By
using our site, you are agreeing to comply with
and be bound by the following terms of use. Please
review the following terms carefully. If you do
not agree to these terms, you should not review
information or obtain goods or products from this
site.
1. Acceptance of
Agreement.
You agree to the terms and conditions outlined in
this Terms of Use Agreement (“Agreement”) with
respect to our site (the “Site”). This Agreement
constitutes the entire and only agreement between
us and you, and supersedes all prior or
contemporaneous agreements, representations,
warranties and understandings with respect to the
Site, the content, products or services provided
by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at
any time by us from time to time without specific
notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright.
The content, organization, graphics, design,
compilation, magnetic translation, digital
conversion and other matters related to the Site
are protected under applicable copyrights,
trademarks and other proprietary (including but
not limited to intellectual property) rights. The
copying, redistribution, use or publication by you
of any such matters or any part of the Site,
except as allowed by Section 4, is strictly
prohibited. You do not acquire ownership rights to
any content, document or other materials viewed
through the Site. The posting of information or
materials on the Site does not constitute a waiver
of any right in such information and materials.
3. Trademarks.
vonpenshall.com
and others
are either trademarks or registered trademarks of
vonpenshall.com.
Other product and company names mentioned on the
Site may be trademarks of their respective owners.
4. Limited Right
to Use.
The viewing, printing or downloading of any
content, graphic, form or document from the Site
grants you only a limited, nonexclusive license
for use solely by you for your own personal use
and not for republication, distribution,
assignment, sublicense, sale, preparation of
derivative works or other use. No part of any
content, form or document may be reproduced in any
form or incorporated into any information
retrieval system, electronic or mechanical, other
than for your personal use (but not for resale or
redistribution).
5. Editing,
Deleting and Modification.
We reserve the right in our sole discretion to
edit or delete any documents, information or other
content appearing on the Site.
6.
Indemnification.
You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates
(collectively, “Affiliated Parties”) harmless from
any liability, loss, claim and expense, including
reasonable attorney’s fees, related to your
violation of this Agreement or use of the Site.
7.
Nontransferable.
Your right to use the Site is not transferable.
Any password or right given to you to obtain
information or documents is not transferable.
8. Disclaimer
and Limits.
THE
INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
“AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT
NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS
A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE
LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT
FROM USE OF OR INABILITY TO USE OUR SITE. OUR
MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES
WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR
ANY GOODS, SERVICES OR INFORMATION.
9. Use of
Information.
We reserve the right, and you authorize us, to the
use and assignment of all information regarding
Site uses by you and all information provided by
you in any manner consistent with our Privacy
Policy.
10. Third-Party
Services.
We allow access to or advertise third-party
merchant sites (“Merchants”) from which you may
purchase certain goods or services. You understand
that we do not operate or control the products or
services offered by Merchants. Merchants are
responsible for all aspects of order processing,
fulfillment, billing and customer service. We are
not a party to the transactions entered into
between you and Merchants. You agree that use of
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
11. Third-Party
Merchant Policies.
All rules, policies (including privacy policies)
and operating procedures of Merchants will apply
to you while on such sites. We are not responsible
for information provided by you to Merchants. We
and the Merchants are independent contractors and
neither party has authority to make any
representations or commitments on behalf of the
other.
12. Privacy
Policy.
Our Privacy Policy, as it may change from time to
time, is a part of this Agreement.
13. Payments.
You represent and warrant that if you are
purchasing something from us or from Merchants
that (i) any credit information you supply is true
and complete, (ii) charges incurred by you will be
honored by your credit card company, and (iii) you
will pay the charges incurred by you at the posted
prices, including any applicable taxes.
14. Securities
Laws.
This Site may include statements concerning our
operations, prospects, strategies, financial
condition, future economic performance and demand
for our products or services, as well as our
intentions, plans and objectives, that are
forward-looking statements. These statements are
based upon a number of assumptions and estimates
which are subject to significant uncertainties,
many of which are beyond our control. When used on
our Site, words like “anticipates,” “expects,”
“believes,” “estimates,” “seeks,” “plans,”
“intends” and similar expressions are intended to
identify forward-looking statements designed to
fall within securities law safe harbors for
forward-looking statements. The Site and the
information contained herein does not constitute
an offer or a solicitation of an offer for sale of
any securities. None of the information contained
herein is intended to be, and shall not be deemed
to be, incorporated into any of our
securities-related filings or documents.
15. Links to
other Web Sites.
The Site contains links to other Web sites. We are
not responsible for the content, accuracy or
opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of
any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by
us. If you decide to leave our Site and access
these third-party sites, you do so at your own
risk.
16. Copyrights
and Copryright Agents.
We respect the intellectual property of others,
and we ask you to do the same. If you believe that
your work has been copied in a way that
constitutes copyright infringement, please provide
our Copyright Agent the following information:
(a) An
electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
(b) A
description of the copyrighted work that you claim
has been infringed;
(c) A
description of where the material that you claim
is infringing is located on the Site;
(d) Your
address, telephone number, and email address;
(e) A statement
by you that you have a good faith belief that the
disputed use is not authorized by the copyright
owner, its agent, or the law; and
(f) A statement
by you, made under penalty of perjury, that the
above information in your Notice is accurate and
that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of
copyright infringement on the Site is Christian L.
Rano who can be reached as follows:
By mail:
HAYSA PRODUCTIONS LTD
37,
Dem. Severi. Ave
P.O.Box: 28810, 2083
NIcosia - Cyprus
Tel:
+357 22 463204, Fax; +357 22 316318
Mobile: +357 99 657448
E-mail:
von@vonpenshall.com
Web:
www.vonpenshall.com
18. Information
and Press Releases.
The Site contains information and press releases
about us. While this information was believed to
be accurate as of the date prepared, we disclaim
any duty or obligation to update this information
or any press releases. Information about companies
other than ours contained in the press release or
otherwise, should not be relied upon as being
provided or endorsed by us.
19. Miscellaneous.
This Agreement shall be treated as though it were
executed and performed in Kenosha, Wisconsin, and
shall be governed by and construed in accordance
with the laws of the State of Wisconsin (without
regard to conflict of law principles). Any cause
of action by you with respect to the Site (and/or
any information, products or services related
thereto) must be instituted within one (1) year
after the cause of action arose or be forever
waived and barred. All actions shall be subject to
the limitations set forth in Section 8 and Section
10. The language in this Agreement shall be
interpreted as to its fair meaning and not
strictly for or against either party. All legal
proceedings arising out of or in connection with
this Agreement shall be brought solely in Kenosha,
Wisconsin. You expressly submit to the exclusive
jurisdiction of said courts and consents to
extra-territorial service of process. Should any
part of this Agreement be held invalid or
unenforceable, that portion shall be construed
consistent with applicable law and the remaining
portions shall remain in full force and effect. To
the extent that anything in or associated with the
Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such
provision.
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