FiltraGuide General Terms and Conditions, Oct 10, 2005

 

 

ARTICLE 1 General Terms and Conditions

 

FiltraGuide is an online Portal. FiltraGuide displays under the domain names http://www.filtraguide.com, information about companies, universities, colleges, institutes, and trade associations in the Filtration and Separation industry. FiltraGuide offers a wealth of specialized knowledge. Information retrieval from the FiltraGuide web sites is free of charge.

 

ARTICLE 2 Terms of Use and Publication

 

(1) The FiltraGuide Portal publishes company information as well as written contributions and images on products, processes, and services. Companies, universities, colleges, institutes, trade associations and publishing houses (hereinafter referred to as Principal) may request FiltraGuide to publish their company information, written contributions, product information and pictures on the FiltraGuide web site. The publication will be done in the Principal’s name. FiltraGuide is not obligated to publish such data. Publication of such data will be done without warranty for accuracy.

 

(2) The Principal does not convey to FiltraGuide any further rights for the utilization, which would authorize FiltraGuide to utilize such rights for purposes other than the FiltraGuide Portal.

 

(3) The Principal recognizes that it will be possible to view online, on a worldwide basis, all contents from the date of publication onward. FiltraGuide is not in a position to prevent potential unlawful use by third parties of the contents and the submitted materials.

 

(4) FiltraGuide reserves the right to edit the submitted text contributions. By submitting contributions, the Principal does not automatically acquire the right for their publication. The Principal does not acquire any rights for damages that he might possibly suffer from erroneous or omitted publication. Potential claims for damages against FiltraGuide cannot be filed.

 

(5) The Principal guarantees the integrity of the information provided by him. The Principal guarantees that he owns all property rights for the publication of information on products listed, components, facilities, processes and services as well as for the text and images. Potential infringement of domestic or international intellectual property rights, especially the protection of registered designs, patents, brand names and copyrights will be within the realm of responsibility of the Principal who released the contents. FiltraGuide will accept no responsibility for the correctness of the materials presented.

 

(6) Any contributions published on the FiltraGuide web site will remain posted there indefinitely. The Principal or FiltraGuide may request deletion at any time without stating a reason.

 

(7) FiltraGuide reserves the right to register individual Internet web sites of the http://www.filtraguide.com domain with so-called ”search engines” and ”catalogs” of other Internet service providers who may in turn point to these web sites, i.e. they will provide ”links”. However, the Principal does not automatically acquire the right for linking from FiltraGuide. Conversely, FiltraGuide cannot prevent unsolicited so-called ”links” from other providers’ ”search engines” and ”catalogs” that point to individual FiltraGuide Internet sites. Deletion of an Internet site does not automatically obligate FiltraGuide to delete these so-called ”links” that appear within the sites of other providers.

 

ARTICLE 3 Handling of Data

 

(1) Submission of the registration form by the Principal represents his agreement to the use of his data. FiltraGuide will store the Principal’s data in machine-readable format. FiltraGuide will utilize such data exclusively in the operation of the FiltraGuide Portal.

 

(2) FiltraGuide will update previously published contents if the Principal requests the update.

 

(3) No proofs of submitted contributions will be provided. Submitted materials – such as diskettes, photographs, graphics, etc. – will be returned only if specifically requested, whereby the requester will reimburse to FiltraGuide any costs incurred.

 

(4) FiltraGuide will update the Principal regularly about the FiltraGuide Portal. This communication may occur by e-mail, fax or regular mail. All such communication will be directed to the contact person named by the Principal.

 

 

ARTICLE 4 Contract

 

(1) By submitting the order, using the online registration form available for downloading at the FiltraGuide web site, the interested party signals to FiltraGuide the desire to enter into a contract. However, the contract will become effective only after FiltraGuide has forwarded to the interested party confirmation of order. The confirmation of order will be forwarded by e-mail. There is no obligation for FiltraGuide to enter into a contract though.

 

(2) The agreement for the publication of contributions on a fee-for-service basis, Basic and Premium Service, will be contracted for the duration of one year initially from the date of invoicing. The contract will automatically extend by one further year based on the terms in force at the time, unless notice of termination was served 8 weeks prior to its expiration. Notice of termination must be served in writing. The ”Price List” in force at the time contains the terms applicable to your contribution. The Price List can be viewed online.

 

(3) FiltraGuide will reserve the right not to execute the contracted services if the desired contents of the sites violates existing law, represents third parties negatively, or causes a public nuisance. Such circumstances preclude any liability for damages on the part of FiltraGuide; the contract will be declared invalid.

 

ARTICLE 5 Third-Party Links

 

(1) The FiltraGuide Online-Portal may contain links to other web sites operated by third parties. Despite the presence of a link or any reference to FiltraGuide.com on a linked site, FiltraGuide does not endorse, is not affiliated with and is not responsible for any content that appears on the linked site and the owner of the linked site neither endorses nor is affiliated with FiltraGuide.

 

ARTICLE 6 Trademarks

 

(1) The graphics, logos, service names and trademarks used on the Online-Portal FiltraGuide are the property of FiltraGuide, its content suppliers and the suppliers of third party products and services offered on the site. The Trademarks may not be used in connection with any product or service that is not the Trademark owner’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owner.

 

ARTICLE 7 Use of FiltraGuide

 

(1) FiltraGuide, its content or any portion of this site or its content may not be reproduced, retransmitted, duplicated, copied, distributed, disseminated, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by FiltraGuide. FiltraGuide reserve the right to refuse service, and/or cancel orders in their discretion, including, without limitation, if FiltraGuide believes that a user’s conduct violates applicable law or is harmful to the interests of FiltraGuide or its content suppliers or users.

 

ARTICLE 8 Liability

 

(1) FiltraGuide is not liable for initial inability, delay and inability. Liability for the loss of data is limited to the standard replacement cost thereof; neither will FiltraGuide be liable for potential downtimes of the online information presented. FiltraGuide will do everything possible to keep downtimes to a minimum. Liability pursuant to the Product Liability Act (”Produkthaftungsgesetz”) is not affected by the foregoing.

 

(2) FiltraGuide was designed to utilize popular browsers currently in operation. FiltraGuide cannot guarantee the perfect interface of the online information with all the browser software, computers or computer configurations presently in operation.

 

ARTICLE 9 Applicable Law/ Jurisdiction

 

(1) This contract is subject exclusively to the laws of the Federal German Republic.

 

(2) The courts of Crailsheim, Germany, shall have jurisdiction and venue in matters concerning litigation, provided the user is ”Kaufmann” (as defined by the German Commercial Code: a commercially trained person) or does not maintain a legal domicile domestically.

 

(3) The foregoing General Terms and Conditions are applicable to all ”Kaufleute” . Any person registered with FiltraGuide who does not fall within this specific professional classification will, however, nevertheless recognize and accept these General Terms and Conditions.

 

ARTICLE 10 General

 

(1) The FiltraGuide General Terms and Conditions exclusively apply. FiltraGuide will not recognize any conflicting terms, or a Principal’s terms that differ from the FiltraGuide General Terms and Conditions.

 

(2) The present or future invalidity of any provisions of the existing General Terms and Conditions does not affect any part of these General Terms and Conditions. The invalid term is to be interpreted or extended or replaced to attain the intended business objective as closely as possible. This provision will apply similarly if a loophole becomes apparent during the implementation of the current General Terms and Conditions – i.e. a loophole that needs to be closed.

 

(3) The FiltraGuide Portal has been developed by FiltraGuide and will continue to be administered by this company. FiltraGuide reserves the right to implement changes to the Portal, to the company’s General Terms and Conditions as well as to its Price List at any time. General Terms and Conditions and the Price List may be viewed online.

 

1 (referred to in Article 9, Paragraph 2 above; this is the plural form)