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BEUTLICH LEGAL
DISCLAIMERS AND NOTICES By
accessing, viewing or otherwise using this Web site you are agreeing to the
following. Please read these
disclaimers and notices carefully: 1.
This Web site is owned by and under the control of Beutlich L.P.
(“Beutlich”). Access to and use
of this Web site and all of Beutlich's content, services, materials,
information, databases and systems are subject to these Disclaimers and Notices,
any Agreements and applicable laws and regulations (including all export and
import laws, regulations and restrictions), all of which are subject to change
and revision from time to time without prior notice. From time to time, Beutlich may (a) supplement or make changes to these
Disclaimers and Notices and other rules or access and use procedures,
documentation, security procedures and standards for equipment, (b) change the
type and location of Beutlich’s system equipment, facilities or software, or
(c) modify or withdraw any particular service or product referred to in this Web
site or any Beutlich database, material, service or system. Beutlich reserves the right to terminate access to this Web site or take
other actions it reasonably believes necessary to comply with the law or to
protect its rights, members or customers. Any
access or attempt to access or use this Web site for any unauthorized or illegal
purpose is strictly prohibited. 2.
This Web site is provided without charge as a convenience to
visitors to be used for the purposes of information, education and communication.
While Beutlich's information and advice contained in this Web site have
been prepared and compiled from sources believed to be reliable, Beutlich makes
no guarantee as to, and assumes no responsibility for, the correctness,
sufficiency or completeness of such information, material or recommendations.
Beutlich does not represent or endorse the accuracy or reliability of any
of the information, content or advertisements contained on, distributed through,
or linked, downloaded or accessed from this Web site, nor the quality of any
products, information or other materials or services displayed, obtained or
purchased by you as a result of your use of this Web site or any Beutlich
service, database, materials or system. You
hereby acknowledge that any reliance upon any information or materials shall be
at your sole risk. Beutlich reserves
the right, in its sole discretion and without any obligation, to correct any
error or omissions in any portion of this Web site or any Beutlich service,
database, materials or system at any time, with or without notice to you. 3.
Without Beutlich's prior written consent, which consent may be given or
withheld in Beutlich's sole discretion, you may not: (a) resell, sublicense,
rent, lease or otherwise publicly distribute any Beutlich information, services
or database, or any part or parts thereof or information contained therein, or
any access thereto; (b) use your access to this Web site or Beutlich's
information, services, database or system to export or re-export technical data
in violation of U.S. export control laws and regulations; (c) use this Web site
or any Beutlich information, services, database or system which you access in
violation of, or post any information to any Beutlich owned or licensed database
which violates, any federal or state law, including data privacy laws and
communication regulations and tariffs, or which infringes the intellectual
property rights or misuses proprietary information of a third party or is made
in furtherance of an illegal or fraudulent scheme or activity; (d) copy or
transfer any Beutlich information, service, database or documentation, except as
permitted by Beutlich; or (e) modify, adapt, reverse engineer, decompile,
disassemble, translate or convert any portion of Beutlich’s databases or
system, or the selection, coordination or arrangement of products or services in
any Beutlich database. 4.
Any information, including but not limited to remarks, suggestions,
ideas, graphics or other submissions, communicated to Beutlich through this Web
site is deemed non-confidential and is the exclusive property of Beutlich.
Beutlich is entitled to use any information or ideas submitted for any
purpose without restriction and without compensation or acknowledgement of its
source. 5.
Except as otherwise identified, the trademarks including names, logos,
slogans and service marks appearing at this Web site, whether registered or
unregistered, are the property of Beutlich or Beutlich’s affiliates. Such marks are not to be copied, reproduced, published or in any way used
without the written permission of Beutlich or the identified owner of the
trademark. Except as otherwise
identified, the copyright in the content of this Web site is owned by Beutlich.
No part of this Web site may be published, stored or transmitted in any
form or means without the express written permission of Beutlich. You may download content displayed on this Web site for non-commercial,
personal use only and must retain all copyright and other proprietary notices
contained in the content. 6.
No person may establish Hyperlinks either to this Web site or away from
this Web site without the prior written consent of an appropriate Beutlich
officer, which consent may be given or withheld in Beutlich’s sole discretion.
In its sole discretion, Beutlich reserves the right to remove a Hyperlink
to this Web site or away from this Web site at any time and for any reason.
Contact Beutlich at beutlich@beutlich.com to obtain this consent. All Hyperlinks approved shall be to the home page of this Web site.
Framing at this Web site is expressly prohibited. 7.
Beutlich advises you to exercise discretion while browsing this Web site
and the Internet. In addition,
Hyperlinks on this Web site may direct you to sites containing information that
some people may find offensive or inappropriate. Such linked Web sites may not be under the control of Beutlich and
Beutlich does not make any representations concerning any such Web sites which
you may access via a Hyperlink from this Web site, and accordingly Beutlich is
not responsible for the accuracy, copyright compliance, legality, legitimacy or
decency of material contained in Web sites which may be accessible via a
Hyperlink to or from this Web site or for the Hyperlink itself. Beutlich is providing these Hyperlinks to you only as a convenience and
the inclusion of any Hyperlink on this Web site is not and should not imply any
endorsement by Beutlich of such linked Web sites. 8.
ALL PRODUCTS, INFORMATION OR CONTENT ON OR OBTAINED THROUGH THIS WEB SITE
ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE
ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST
INTERFERENCE OR INFRINGEMENT. BEUTLICH
DOES NOT WARRANT THAT ANY PRODUCT, INFORMATION, CONTENT OR OTHER MATERIAL WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY BEUTLICH PRODUCT, SERVICE,
DATABASE, MATERIAL OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED
WITH OR THROUGH OR PROVIDED BY BEUTLICH, OR ANY PART THEREOF, WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, SERVICES,
SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL BEUTLICH HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY
TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A
RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND
ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS WEB SITE, IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 9.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST
DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR
DEFICIENCIES IN THIS WEB SITE, ANY BEUTLICH INFORMATION, SERVICE, SYSTEM,
DATABASE OR MATERIAL, OR PART THEREOF. YOU
ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO
ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE BEUTLICH WILL IMPLEMENT
REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, BEUTLICH
DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND
PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC
TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT,
INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE
COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND
CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN
WHICH YOU PARTICIPATE USING BEUTLICH'S WEB SITE, INFORMATION, SERVICES,
DATABASES, SYSTEMS OR OTHER MATERIAL. 10.
YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR
FOR YOU TO THIS WEB SITE OR ANY BEUTLICH INFORMATION, SERVICE, SYSTEM OR
DATABASE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE
DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE THE SITE OR ANY SYSTEM,
SOFTWARE OR DATA OF OR ANY
OTHER USER OF THE BEUTLICH INFORMATION, SERVICES, DATABASES, MATERIALS OR
SYSTEM. YOU HEREBY AGREE TO
INDEMNIFY, DEFEND AND HOLD BEUTLICH AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES,
LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR DAMAGE
ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY SUCH VIRUS OR CODE
OR SUBROUTINE. 11.
NEITHER BEUTLICH NOR ITS EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR
SUPPLIERS SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST
PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR
FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES,
DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS
WEB SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEB SITE, OR ANY BEUTLICH
PRODUCT, INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED THEREWITH, THE
USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY PRODUCT,
INFORMATION, CONTENT, OR SERVICE PROVIDED BY BEUTLICH THROUGH THIS WEB SITE, ANY
INFORMATION PROVIDED IN THE BEUTLICH SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT
MATTER OF THIS WEB SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT OR
ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT BEUTLICH IS INFORMED IN ADVANCE OF
THE POSSIBILITY OF SUCH DAMAGES. 12.
If any part or parts of these Disclaimers and Notices are held to be
invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Disclaimers and Notices affects any statutory rights of
consumers that cannot be waived or limited by contract. The use by you of this Web site, the Beutlich information, content,
services or other materials, and any and all other matters between Beutlich and
you related hereto, shall be governed by applicable United States federal law
and the laws of the State of Illinois, excluding its conflict-of-laws rules.
You hereby agree to waive any right to a jury trial in any suit arising
out of or relating to this Web site or any Beutlich information, content,
service or other product. Any suit
or proceeding arising out of or relating hereto must be commenced within one
year from the date the right, claim, demand or cause of action being asserted
first came into being. Venue for all
disputes arising out of or relating to this Agreement shall be in the state and
federal courts situated in Chicago, Illinois. 13.
You agree to comply with all applicable export laws, regulations and
restrictions. Information Beutlich
places on or makes available through this Web site may contain references or
cross references to Beutlich or third party products, programs and services that
are not announced or available in your country. Such references do not imply that either Beutlich or such third party
intends to announce or make available such products, programs or services in
your country. Consult Beutlich or
the applicable third party for information regarding any such products, programs
or services. This Web site may
contain other proprietary notices and copyright information, the terms of which
must be observed and followed. Any
rights not expressly granted herein are reserved. 14.
Beutlich makes every effort to provide accurate information about
products and their pricing on the Web site. However, pricing and/or typographical mistakes may, on rare occasions,
appear on the Web site. For this
reason, Beutlich cannot guarantee the price of an item until after the visitor
has ordered it. In the event an item
appears with an incorrect price or with inaccurate product information, Beutlich
reserves the right to cancel any orders for the item. If an order is cancelled due to mispricing, Beutlich will notify the
visitor of the cancellation. Prices
and availability are subject to change without notice. 15.
Any software which is downloaded from this Web site or other Beutlich
system or service for or on behalf of the United States of America, its agencies
and/or instrumentalities ("U.S. Government"), is provided with
Restricted Rights. Use, duplication
or disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. 16. If the user has any questions regarding this Web site or its contents, or these Disclaimers and Notices, contact Beutlich at beutlich@beutlich.com. BEUTLICH PRIVACY POLICY This
Web site is the responsibility of Beutlich L.P. (“Beutlich”). Beutlich can be contacted by mail at 1. Collection of Personal Information from Site Visitors Beutlich
automatically collects and/or tracks (1) the home server domain names, e-mail
addresses, type of client computer, and type of Web browser of visitors to
Beutlich's Web site, (2) the e-mail addresses of visitors that communicate with
Beutlich via e-mail, and (3) user-specific information on what pages
visitors access. Beutlich
collects information you voluntarily agree to provide us through the forms
provided on the web site. Information
collected includes limited personal data: your
name, company name, address, telephone number, facsimile number, e-mail address
and credit card information. Beutlich
does not place Internet cookies on visitors' hard drives. Internet cookies save the visitor's name, password, user-name, shopping
cart, stock portfolio, screen preferences, the pages of the Web site viewed by
the visitor, and the advertisements viewed or clicked by the visitor. Internet cookies are stored on the visitor's hard drive and are not
stored, in any form, by Beutlich. Visitors
may decline the Internet cookie by using the appropriate feature of their Web
client software, if available. When
a visitor performs a search on Beutlich’s search engine, Beutlich records
information identifying the visitor or linking the visitor to the search
performed. As necessary to provide
service, Beutlich does record limited information for every search request. 2. Use of Personal Data Collected Personal
data collected by Beutlich will be used by Beutlich for editorial and feedback
purposes, for marketing and promotional purposes, for a statistical analysis of
users' behavior, for product development, for content improvement, to inform
advertisers as to how many visitors have seen or clicked on their
advertisements, and to customize content and layout of Beutlich’s site. Data on visitors' home servers is aggregated for internal review and then
discarded. Names, postal and e-mail
addresses, and phone numbers collected may be added to Beutlich’s databases
and used for future calls and mailings regarding site updates, new products and
services, upcoming events. When
you order products, Beutlich’s registration process asks you to provide us
with a limited amount of personal information. This information is necessary to process the visitor’s order and to
allow the visitor to use Beutlich’s Web site to access account information.
Categories of personally identifiable information include: name, address,
phone number, email address, date of birth, and billing/shipping information
(credit card number, shipping address). 3. Disclosure of Personal Data to Third Parties No personally identifying
information will be shared with third parties. Beutlich does not sell, trade, or rent the personal information that you
provide. 4. Opt-Out Page Visitors
may opt out of having their personal information collected by Beutlich, used by
Beutlich for secondary purposes, disclosed to third parties or used by Beutlich
or third parties to send promotional correspondences to the visitor, by
contacting Beutlich. 5. Access to and Ability to Correct Personal Data Upon
request via postal mail, e-mail, or phone, Beutlich will provide to visitors a
summary of any personal information retained by Beutlich regarding the visitor.
Visitors may modify, correct, change, or update their personal record or
cause their personal record to be removed from Beutlich’s database. Beutlich will only send personal records to the e-mail address on file
for the visitor name associated with it. 6. Collection of Personal Data from Children Beutlich’s
Web site is not intended for or marketed to persons under the age of 18. Beutlich does not collect or post information from children under the age
of 13 (“children”). In the event
that Beutlich did collect or post information from children, it would not do so
without their parent's or guardian's consent. Beutlich
does not and will not provide any personally identifying information collected
from children, regardless of its source, to any third party for any purpose
whatsoever. In the event a child
submits information to Beutlich's Web site, the child's parent or guardian will
receive an e-mail alerting them to the child's registration and providing
instructions on how the parent could delete the child's registration, if so
desired. Children are not allowed to
participate in contests. No
information collected from children is used for any marketing or promotional
purposes whatsoever, either inside or outside Beutlich. Beutlich encourages parents and guardians to spend time online with their
children. 7. Beutlich's Right to
Contact User Beutlich
reserves the right to contact site visitors regarding privacy policy, or any
other policies or agreements relevant to site visitors. 8. Security of Information Provided Beutlich
is committed to securing your personal information. Beutlich uses Secure Sockets
Layer (SSL) software which encrypts the information you input. Beutlich does not reveal the digits of your credit card number when
confirming an order. Of course, the
entire credit card number is transmitted to the appropriate credit card company
during order processing. 9. Beutlich's Right to
Change Privacy Policy Beutlich
reserves the right to change this policy at any time by notifying visitors of
the existence and location of the new or revised privacy policy.
© 2006 BEUTLICH. All Rights
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