Our Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU CONCUR TO BE BOUND BY THE TERMS CONTAINED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT CONSENT TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms of usage (“site terms”) apply to your usage of this website (the “website”). They do not change in any method the terms or conditions of any other arrangement you may have with us, our parent company or our affiliates. By using this site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these website terms. If you are utilizing the website on behalf of any entity, you further represent and confirm that you are licensed to accept these site terms on such entity’s behalf, and that such entity concurs to indemnify us for infractions of these site terms.
Privacy Policy
At Gunther Kramer we are committed to safeguarding your personal privacy. Please see our privacy policy for information on how we gather, use and divulge individual details.
Ownership of the Site and its Contents
Unless otherwise indicated, all of the content included or showed on this site, consisting of, however not limited to, text, graphics, information, photographic images, moving images, noise, illustrations, software applications, and the choice and layout thereof (our content), is owned by us, our licensors, or our 3rd-party image partners.
All aspects of the website, including the material, are protected by copyright, trade dress, ethical rights, trademark and other laws connecting to the protection of intellectual property.
Use of the Site
This website and the material are meant for our customers. You might not use this site or the material for any purpose unrelated to your organization with us. You are particularly prohibited from (a) downloading, copying, or re-transmitting any or all of the website or the material without, or in violation of, a composed license or contract with us. (b) using any information mining, robots or comparable data gathering or extraction approaches. (c) manipulating or otherwise displaying the website or the material by utilizing framing or similar navigational technology. (d) signing up, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any of our service or products if you are not expressly authorized by such party to do so. (e) utilizing the site or the material other than for its intended function. Such unapproved use might break not just our terms of use, but also suitable laws including without restriction copyright and trademark laws, the laws of personal privacy and promotion, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all suitable laws and guidelines, consisting of, without restriction, those associating with the web, data, e-mail, personal privacy, and the transmission of technical information exported from the United States, Canada or the country in which you reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate situations and at our sole discretion, account holders who infringe our or any 3rd-party copyright rights. (Wikipedia: Digital Millennium Copyright Act).
Copyright Grievances
If you believe that any product on the site infringes upon any copyright that you own or manage, you may file a notice of such violation with us. We may offer notice of a claim of copyright violation by methods of a general notification on the website, e-mail to a user’s e-mail address, or by composed communication sent by mail to a user’s mailing address.
Trademarks
Our trademarks, logo design, and any other item or service name or slogan contained in the site are our or our providers’ or licensors’ trademarks. They might not be copied, mimicked or utilized, in whole or in part, without our previous written approval or that of the relevant trademark holder. You may not utilize meta tags or any other “covert text” utilizing our name or any other name, trademark or product and services name of ours without our previous written approval. In addition, the look of the site, consisting of all page headers, customized graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or utilized, in whole or in part, without our prior written approval. All other trademarks, registered trademarks, item names and company names or logos discussed on the site are the property of their particular owners. Referral to any items, services, processes or other information, by brand name, trademark, manufacturer, supplier or otherwise does not make up or suggest recommendation, sponsorship or recommendation thereof by us.
Links
You might not utilize our logo or other proprietary graphics of ours to link to this site without our express written authorization. Even more, you might not frame any of our hallmarks, logo designs or other proprietary details, consisting of the content, without our composed authorization.
We make no claim or representation relating to, and we accept no duty for, directly or indirectly, the quality, content, nature or dependability of third-party websites available by link from the website, or sites connecting to the website. Such sites are not under our control and we are not responsible for the contents of any connected site or any link located in a connected site, or any evaluation, changes or updates to such sites. We provide these links to you just as a convenience, and the addition of any link does not suggest affiliation, endorsement or adoption by us of any website or any information included therein. When you leave the website, you must know that our terms of use and policies no longer govern. You must review the suitable terms of use and policies, including privacy and information gathering practices, of any site to which you browse from the site.
Your involvement, correspondence or organization transactions with any third-party found on or through the website, concerning the payment and delivery of associated items or services, and any other terms, conditions, service warranties or representations associated with such dealings, are exclusively between you and such third-party. You agree that we shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the outcome of any such transactions.
Forums and Other Interactive Providers or Locations
The site might include discussion online forums or other interactive areas or services, consisting of blog sites, chat rooms, bulletin boards, message boards, online hosting or storage services, or other locations or services in which you or 3rd-parties develop, post or keep any material, messages, remarks, materials or other items on the site (“interactive areas”). You are entirely accountable for your usage of such interactive locations and utilize them at your own danger. By utilizing any interactive areas, you concur not to post, publish, send, distribute, store, produce or otherwise publish through the website any of the following:
a. Any message, remark, data, information, text, music, noise, pictures, graphics, code or other product (“user content”) that is illegal, libellous, defamatory, profane, adult, hazardous to minors, indecent, lewd, suggestive, harassing, threatening, invasive of personal privacy or promotion rights, violent, inflammatory, deceitful or otherwise objectionable.
b. User material that would constitute, motivate or supply instructions for a criminal offence, violate the rights of any party, or that would otherwise produce liability or break any regional, state, country or global law, including, without constraint, the policies of the U.S. Securities and Exchange Commission or any guidelines of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
c. User content that might infringe any patent, trademark, trade, copyright or other copyright or agreement right of any party. By publishing any user content, you represent and necessitate that you have the lawful right to send, disperse and recreate such user material.
d. User material that impersonates anyone or entity or otherwise misrepresents your association with an individual or entity.
e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid plans or solicitations.
f. Private information of any third-party, consisting of, without constraint, addresses, phone numbers, e-mail addresses, Social Security numbers and charge card numbers.
g. Infections, corrupted data or other harmful, disruptive or devastating files.
h. User material that, in our sole judgment, is objectionable or which limits or prevents any other person from using or enjoying the interactive areas or the site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, usage of all capital letters, or flooding constant publishing of recurring text), or which might expose us or our users to any damage or liability of any type.
Even more, you agree not to erase or modify any user material posted by any third-party. We take no obligation and assume no liability for any user material published, stored or uploaded by you or any third-party, or for any loss or damage thereto. Nor are we responsible for any mistakes, character assassination, slander, libel, omissions, frauds, profanity, porn or profanity you may come across. Your use of interactive areas is at your own risk. As a company of interactive services, we are not liable for any declarations, representations or user material offered by our users in any public online forum, individual homepage or other interactive areas. Although we have no obligation to screen, edit or keep an eye on any of the user content published in any interactive location, we reserve the right and have outright discretion, to remove, screen or modify any user material posted or kept on the site at any time and for any factor without notification. You are exclusively accountable for developing backup copies of and replacing any user content you post or save on the site at your sole cost and expense. Any use of the interactive locations or other parts of the site in offense of the foregoing breaches these site terms and may result in, to name a few things, termination or suspension of your rights to use the interactive locations and/or the website. You acknowledge and concur that we may access, use or disclose any details about you or your use of this website, consisting of without restriction any user material to abide by the law or any legal procedure; protect and defend our rights or property; or to secure the safety of our company, employees, consumers or the public.
If you post user content to the website, unless we show otherwise, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable and totally sub-licensable right to use, replicate, customize, adapt, release, translate, develop acquired works from, distribute, perform and display such user content throughout the world in any media. You give us and our affiliates and sub-licensees the right to utilize the name that you submit in connection with such material if they select. You represent and require that (a) you own and manage all of the rights to the user material that you post or you otherwise have the right to post such user content to the site; (b) the user content is accurate and not misguiding; (c) usage and posting of the user content you supply does not break these website terms and will not break any rights of or trigger injury to anyone or entity.
Registration Data and Account Security
In consideration of your usage of the website, you consent to (a) offer accurate, present and total information about you as might be prompted by any registration types on the website (“registration data”). (b) preserve and immediately upgrade the registration data, and any other information you supply to our company, to keep it accurate, current and complete. (c) maintain the security of your password and identification. (d) notify us instantly of any unauthorized usage of your account or other breaches of security. (e) accept all obligation for any and all activities that occur under your account. (f) accept all threats of unauthorized access to the registration information and any other information you provide to us.
Indemnification
You consent to safeguard, indemnify and hold us safe, in addition to our subsidiaries, affiliates, licensors, workers, representatives, 3rd-party information service providers and independent professionals against any claims, damages, expenses, liabilities and expenses (consisting of, but not limited to, attorneys’ costs) developing out of or associated to any user content that you post, store or otherwise transmit on or through the site, your conduct, your use or failure to use the site, your breach or alleged breach of the site terms or of any representation or guarantee contained herein your unapproved use of the content, or your offense of any rights of another.
Disclaimer
THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WE AND OUR DIRECTORS, STAFF, MATERIAL PROVIDERS, AGENTS AND AFFILIATES OMIT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY GUARANTEE, EXPRESS OR SUGGESTED, INCLUDING, WITHOUT LIMITATION, ANY SUGGESTED GUARANTEES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE MATERIAL, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT NECESSITATED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT US, ASSUME THE WHOLE COST OF ALL NEEDED SERVICING, REPAIR OR CORRECTION FEE TO YOUR USE OF THIS SITE OR THE MATERIAL. WE MAKE NO SERVICE WARRANTY THAT THE WEBSITE OR THE MATERIAL IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
We utilize reasonable efforts to guarantee the accuracy, correctness and dependability of the material, but we make no representations or warranties regarding the content’s accuracy, correctness or dependability.
We provide a search function on the website. We clearly disclaim any obligation for the content or availability of info included in our search index or directory. We also disclaim any responsibility for the completeness or accuracy of any directory or search results page.
Some countries do not allow the exclusion or restriction of implied guarantees or liability for particular categories of damages. Therefore, some or all of the limitations above might not apply to you to the level they are forbidden or superseded by state or nationwide arrangements.
Constraint of Liability
IN NO EVENT SHALL WE, OUR DIRECTORS, MEMBERS, PERSONNEL OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USAGE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO CARELESSNESS) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY LINKED WITH THE USE OF THE WEBSITE, THE SERVICES, THE MATERIAL OR THE MATERIALS INCLUDED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT RESTRICTION ANY DAMAGES BROUGHT ON BY OR RESULTING FROM DEPENDENCE BY USER ON ANY DETAILS ACQUIRED FROM US, OR THAT RESULT FROM ERRORS, OMISSIONS, DISRUPTIONS, REMOVAL OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF EFFICIENCY, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL WE AGGREGATE LIABILITY, WHETHER IN AGREEMENT, SERVICE WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), ITEM LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USAGE OF THE SITE SURPASSED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USAGE OF THE SITE.
Appropriate Law and Place
Any disagreement relating in any way to your use of the website or the content will be submitted to private arbitration in Waterloo, Ontario, Canada, other than that, to the degree you have in any way violated or threatened to break our intellectual property rights, we may seek injunctive or other appropriate relief in any state/provincial or federal court in Ontario, and you consent to unique jurisdiction and venue in such courts. To the fullest extent allowed by relevant law, no arbitration under this arrangement will be signed up with to an arbitration involving any other party subject to the website terms, whether through class arbitration proceedings or otherwise.
Termination
Regardless of any of these site terms, we reserve the right, without notification and in our sole discretion, to end your account and/or to obstruct your usage of the site.
Miscellaneous Arrangements
Any waiver of any provision of the site terms will be effective just if in writing and signed by us. If any clause in these website terms is found to be unenforceable, any place possible this will not impact any other provision and each will remain {in full force and effect. Any rights not expressly given herein are reserved.
Modifications to The Terms of Use
We reserve the right to alter any of the conditions included in the website terms or any policy or guideline of the website, at any time and at our sole discretion. We encourage you to review the website terms whenever you go to one of our sites.
