Terms of Use Policy

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Terms of Use Policy

 

By accessing the BAKKAB Safety Systems ("BAKKAB") website (the "Website") You agree to the following Terms of Use (the "Terms").

The Website may be used for lawful purposes only, and only for those general purposes for which the Website was designed.

You are NOT granted the right in fact You are EXPRESSLY PROHIBITED from transferring at no cost or selling at any price any downloaded and non-modified, modified or derivative images and information on the Website to a third party, nor may you use any downloaded and non-modified, modified or derivative ("Materials") for any purpose other than your own personal, individual use.

You shall not use the Website or the Materials to distribute, publish or otherwise promote any opportunity which is libelous, defamatory, obscene, pornographic, abusive, or which otherwise violates any law. As BAKKAB does not and cannot review every possible use for which you may have downloaded Materials, You shall remain solely responsible and fully legally liable for the use of Materials and the content of Your messages.

Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to, illegal use of copyrighted, trademarked or patented Material, use of Material to promote activities legally judged to be threatening or obscene, or violation of any trade secret statute, or any other usage that constitutes violation of any other statute.

BAKKAB reserves the right, at its sole discretion, to change, modify, add or remove portions of the Website or Materials at any time.

When sending a request for Contact or otherwise contacting BAKKAB, You agree that BAKKAB may rely on any data, notice, instruction or request furnished by You which is reasonably believed by BAKKAB to be genuine and to have been sent or presented by You or by a person reasonably believed by BAKKAB to be authorized to act on Your behalf.

BAKKAB welcomes specific comments regarding its products and services. You must be legally able to transfer any ideas, tools, materials or technology You voluntarily choose to give BAKKAB and be prepared to certify the same if requested.

If You voluntarily send BAKKAB creative suggestions, ideas, notes, drawings, concepts or other information (collectively "Ideas"), then by submitting any Ideas to BAKKAB you automatically grant to BAKKAB a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Ideas (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Ideas. Whether BAKKAB ever uses the Ideas or not the Ideas shall be deemed, and shall thereafter remain, the property of BAKKAB.

You acknowledge that, in the course of using the Website You are obtaining information relating to BAKKAB and its Products (collectively "Proprietary Information"). Such Proprietary Information is the exclusive property of and shall belong solely to BAKKAB and includes, but is not limited to, the features and modes of operation of the Products themselves, and the underlying technology in a variety of industries and applications including Industrial and Commercial (the "Concept").

In regard to all Proprietary Information You agree not to use the Proprietary Information for your own benefit or the benefit of a third-party, or to otherwise disclose to anyone any of the Proprietary Information without the prior written consent of BAKKAB, except for those uses that are expressly authorized in these Terms, or unless such Proprietary Information becomes part of the public domain without breach of this Agreement by You.

You agree and certify that You will not, directly or indirectly, attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Concept; modify, translate, or create derivative works based on the Concept; or remove any proprietary notices or labels that may come with the Products.

You acknowledge that BAKKAB and its licensors, if any, retain ownership of all Concepts and Materials associated with the Concept, and any portions or copies thereof, and all rights therein.

BAKKAB is responsible only for the Materials that are posted on the website. BAKKAB exercises no control whatsoever over the content, information and data passing through other websites. For the convenience of its users, BAKKAB may provide Internet links to the websites of third parties. The inclusion, if any, of such links does not imply an endorsement of any kind by BAKKAB for the linked sites, for their content or for the entities that post and maintain them. In addition, BAKKAB accepts no responsibility whatsoever for the content which appears on such linked websites and has no control over the content on, features included, or performance of those website. You acknowledge that You use any such non-BAKKAB websites at Your own and complete risk.

Disclaimer of Warranties, Limitation of Liabilities, Indemnification. BAKKAB does NOT warrant that the Website, the Materials, and any related websites and/or services will be error free or uninterrupted. BAKKAB is not be liable for the consequences, if any, of any such interruptions or errors.

The Website, the Materials, the Products and all service associated with them are distributed on an "AS IS" basis and are subject only to the warranty disclaimers and limitations found in these Terms, if any, without any other warranties of any kind, either expressed or implied. THE CONTENTS OF THE WEBSITE AND THE MATERIALS AND THE PRODUCTS ARE PRESENTED ON AN "AS IS" BASIS. NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE CONTENT ON THESE PAGES. BAKKAB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE WEBPAGES OR THE MATERIALS. You agree that BAKKAB is the neutral host of the Website and the neutral provider of the Materials and has no control over and has absolutely no responsibility whatsoever for or liability in relation to use of the Website and/or the Materials.

Although BAKKAB provides some encryption and security layers to protect certain personal information which is transmitted by Users, You understand that Your uploads and transmissions may be intercepted and used, and that all the risk associated therewith is solely Yours. If you do not wish to assume this risk then you should not transmit personal information via the the Website.

You agree to indemnify, defend, and hold harmless BAKKAB and its partners, affiliates, officers, directors, employees and agents, (collectively, "BAKKAB Family") from and against any and all liability, claims, losses, damages, injuries or expenses (including attorney's fees) directly or indirectly arising from or relating to Your use of the Website and/or the Materials, and any dispute relating thereto.

BAKKAB cannot and will not be responsible for ANY losses, damages or costs that You and/or Your business may suffer when using the Website, the Materials, the Products and any related websites and/or services. You expressly agree to indemnify and hold harmless the BAKKAB Family from ANY claims resulting from Your use of the Website, the Materials, the Products and any related websites and/or services. You expressly agree that use of the Website, the Materials, the Products and any related websites and/or services is at Your complete and sole risk and You understand such risks are an inherent part of business. You expressly agree that neither the BAKKAB Family nor its partners, officers, service providers, affiliates, licensors, employees and/or contractors shall have ANY liability for ANY damages, if any, suffered by You, Your business or ANY other 3rd party associated with you or not as a result of the use or misuse of the Website, the Materials, the Products, and any related websites and/or services.

BAKKAB reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time.

BAKKAB shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action labor conditions, earthquakes or any other cause which is beyond the reasonable control of BAKKAB.

Disputes relating in any way to these Terms (including any actual or alleged breach hereof), any transactions or activities under these Terms or Your relationship with BAKKAB shall be submitted to confidential arbitration in Kaukauna, WI except that, to the extent You have in any manner violated or threatened to violate BAKKAB's intellectual property rights as defined herein, in which case BAKKAB may seek injunctive or other appropriate relief in any state or federal court in the State of Wisconsin (and You consent to non-exclusive jurisdiction and venue in such courts) or any other local court of competent jurisdiction in the State of Wisconsin, County of Outagamie. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

These Terms shall be governed by the laws of the United States of America and the State of Wisconsin, as determined in BAKKAB's sole discretion, without reference to rules governing choice of laws. You may not assign these Terms, by operation of law or otherwise, without BAKKAB's prior written consent. Subject to that restriction, these Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. BAKKAB's failure to enforce Your strict performance of any provision of these Terms will not constitute a waiver of BAKKAB's right to subsequently enforce such provision or any other provision of this Agreement.

Unless otherwise indicated any and all content on the Website including but not limited to text, graphics, logos, picture images, audio files, video files, multi-media, music, sound, intellectual property and software is the property of BAKKAB and is protected by U.S. and international copyright and trademark laws. No part of the Website or related web sites may be reproduced or transmitted in any form or by any means without the expressed written permission of BAKKAB.

BAKKAB's copyright notice (Copyright © 2017-19) appears to remind You that everything on the Website is licensed by BAKKAB and protected by copyright as a collective work or compilation (or both) with the exception of works identified by someone else's copyright notice.

BAKKAB Safety Systems LLC, BAKKAB, www.bakkab.net and all other extensions, are all trademarks of BAKKAB and the BAKKAB logo device (or mark) is a registered trademark and all are protected under United States trademark law. Products and company names mentioned herein that are not owned by BAKKAB may be trademarks or trade names of their respective owners. Your access to the Website does not grant any license or right to use any marks appearing on the site without the prior written consent of BAKKAB or the third party owner of that mark, product or trade name. BAKKAB trademarks may not be used in any manner that suggests they are not associated with BAKKAB. Any rights not expressly granted herein are reserved.

Should any provision of these Terms be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated. Your use of the Website constitutes your explicit acceptance of these Terms and Conditions. You acknowledge that You have read these Terms and agree to all its conditions.

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