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Terms and Conditions
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE ACCEPTANCE OF TERMS THROUGH USE
Liebherr-Aerospace & Transportation S.A.S., Av. des Etats-Unis 408, F-31016 Toulouse, France ("Liebherr-Aerospace") offers on http://www.liebherr.aero (the "Site") general type information to the general public and certain aerospace related information and services to selected users. The use of the Site and of all the services, programs, links and functions available on the Site are subject to all terms and conditions set forth herein ("Terms and Conditions" or "Agreement", as the case may be).
By accessing and using this Site and/or any pages thereof, you acknowledge to have reviewed and understood the Terms and Conditions and agree to be legally bound and to abide by the latter, just as if you had signed this Agreement. If you do not agree to these Terms and Conditions, you should not use the Site and/or any its content. Liebherr-Aerospace may amend or modify these Terms and Conditions or impose new conditions at any time. Your continued usage of the Site following the posting of any changes to the Terms and Conditions will mean you accept those changes. You should revisit this page periodically to review the Terms and Conditions to which you are bound.
INTELLECTUAL PROPERTY/USE OF INFORMATION
You acknowledge that the Site contains information, photographs, graphics, documents or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or subsequently developed.
This Site and its Content are the property of Liebherr-Aerospace (or its licensors, as applicable) and are protected by International copyright laws. While Liebherr-Aerospace makes all or part of the Content available to the users of this Site, Liebherr-Aerospace (or its licensors, as applicable) retain all copyright and related proprietary rights in the Content. Accordingly, without the express written permission of Liebherr-Aerospace, you agree not to copy or distribute the Content or any portion of it; mirror or include the Content or any portion of it on your own server or documents; or to modify or re-use any portion of the Content.
Notwithstanding the above, you may make a single copy of the Content exclusively for your own use, provided you keep intact all copyright and other proprietary notices. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. "Liebherr-Aerospace", "http://www.liebherr.aero" and the Liebherr-Aerospace logo and characters are all service marks of Liebherr-Aerospace. Other product and company names and logos mentioned or appearing on the Site might be the trademarks or service marks of their respective owners.
Nothing contained herein shall be construed as conferring any license or right under any of Liebherr-Aerospace's copyright, patent, trademark or proprietary rights, or those of any third party, whether expressly or by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved to Liebherr-Aerospace and its licensors.
INTELLECTUAL PROPERTY POLICY
Liebherr-Aerospace respects the intellectual property of others and expects users of the Site to do the same. At its discretion, Liebherr-Aerospace may terminate the accounts of users or prevent access to the Site by users who infringe upon the intellectual property rights of others. Liebherr-Aerospace's designated agent for notice of alleged copyright infringement appearing on our Site is:
Liebherr-Aerospace SAS 408 Avenue des Etats-Unis
31016 Toulouse Cedex 2 / France
The server of the Site is based in Kirchdorf, Germany. Liebherr-Aerospace makes no claims or representation that the Content may be downloaded outside of Germany. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Clicking on certain links within the Site may have you leave the Site. Liebherr-Aerospace provides these links to you only as a convenience, and does not endorse the content on any third party sites, or any site linked to a third-party site. The linked sites are not under the control of Liebherr-Aerospace and Liebherr-Aerospace is not responsible for the content of linked third-party sites, sites framed within the Site, or third party advertisements. Liebherr-Aerospace does not make any representations regarding the accuracy, legality, decency or any other aspect of the content of such sites and you use of third-party sites is at your own risk and subject to the terms and conditions of use for such site. Liebherr-Aerospace is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. Furthermore, but without limitation, explicit prior written authorization must always be obtained for the creation of a link leading from a third-party site to this Site.
INTERNET BASED TECHNICAL PUBLICATIONS
To the best of our knowledge, at this time the FAA (or any other Airworthiness Authority) has not approved internet-based media for the delivery and maintenance of technical publications. Please contact your local FAA representative (or the representative of any other competent Airworthiness Authority) for guidelines regarding your use of the technical data contained in the Site and your potential need for other forms of technical publications.
DISCLAIMER OF WARRANTIES
While Liebherr-Aerospace uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations and extends no warranty as to the truth, availability at any time or location, accuracy, reliability, usefulness, timeliness and completeness of that information, and you should not rely upon it. Liebherr-Aerospace does not guarantee that the Content provided will be sufficient or appropriate for every individual or situation. The Site and the Content are provided on an "as is, as available" basis, and you use this site at your own risk. When using this Site, information will be transmitted over a medium that is beyond the control and jurisdiction of Liebherr-Aerospace. To the fullest extent permitted by law, Liebherr-Aerospace disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose, nor does Liebherr-Aerospace make any warranty as to the results that may be obtained from the Site.
LIMITATION OF LIABILITY
In no event shall Liebherr-Aerospace, its affiliates, officers, employees, agents and licensors (or any third parties mentioned on the Site) be liable for any damages (including, without limitation, direct, special, indirect, incidental, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use (or inability to use) the Site, the Content, the information on or available through this Site, or arising out of any action taken in response to or as a result of any information available on the Site. This limitation applies whether the alleged liability is based on warranty, contract, tort or any other legal theory, and whether or not Liebherr-Aerospace is advised of the possibility of such damages. You hereby waive any and all claims against Liebherr-Aerospace and its affiliates, officers, employees, agents and licensors arising out of or in relation to your use of the Site and the Content.
You agree to defend, indemnify and hold harmless Liebherr-Aerospace, its affiliates, officers, employees, agents, and licensors from and against all losses, expenses, damages, claims and costs, including reasonable legal and accounting fees, resulting from any alleged violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Site using your Internet account.
STATUTE OF LIMITATIONS
Any claim arising in connection with your use of this Site or any Content must be brought within one (1) year of the date of the event that gave rise to such claim. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for herein.
CHOICE OF LAW AND FORUM
This Agreement shall be exclusively governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law. You expressly agree that any disputes arising out of or in relation to this Agreement shall be exclusively and finally settled under the then current Rules of Conciliation and Arbitration of the Zurich Chamber of Commerce by three arbitrators appointed in accordance with said Rules, except that Liebherr-Aerospace may at its discretion claim before any other competent court having jurisdiction over the matter. Place of arbitration shall be Zurich, Switzerland, and the arbitration language shall be the English language.
INTEGRATION, SEVERABILITY, AND WAIVER
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between Liebherr-Aerospace representatives and you. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.