Terms & Conditions
LAST UPDATED APRIL 15, 2015
PLEASE READ THESE TERMS OF ACCESS CAREFULLY BEFORE USING THIS WEBSITE
Thank you for reviewing the klubersolutions.com Terms of Access. This Terms of Access Agreement (the “Agreement”) contains the terms, covenants, conditions and provisions (the “Terms and Conditions”) upon which you may access and use the kluberna.com website (the “Site”). The terms “we,” “our,” “us,” “Company,” and “Klüber Lubrication NA” refer to Klüber Lubrication NA LP, the owner and administrator of the Site and its partners, staff, affiliates, agents and representatives (collectively, “Affiliated Parties”).
BY ACCESSING THE SITE, YOU ARE HEREBY ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR ACCESS ANY FEATURES OR SERVICES PROVIDED ON OR THROUGH THE SITE.
- DISCLAIMER. All information provided on this Site is subject to change without notice. While efforts have been made to make the Site helpful and accurate, due to the open nature of the Site, and the potential for errors in the storage and transmission of digital information, Klüber Lubrication NA does not warrant the accuracy of information obtained from the Site. THE SITE AND THE INFORMATION, DOCUMENTS AND OTHER CONTENT AND MATERIAL PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. KLÜBER LUBRICATION NA DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. KLÜBER LUBRICATION NA DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERUPPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KLÜBER LUBRICATION NA DOES NOT WARRANT OR REPRESENT THE CORRECTNESS, ACCURACY, RELIABILITY, ADEQUACY, COMPLETENESS OF ANY SUCH INFORMATION, DOCUMENTS OR OTHER CONTENT AND MATERIALS.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO ANY USER OF THIS SITE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS), EVEN IF WE OR OUR AFFILIATED PARTIES HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT PAID TO US BY YOU, IF ANY, FOR YOUR USE OF THE SITE.
- LIMITED RIGHT TO ACCESS AND USE INFORMATION. Klüber Lubrication NA grants to you only a limited, nonexclusive license to view the Site and access the information provided by Klüber Lubrication NA on the Site solely for use in learning about, evaluating, or acquiring Klüber Lubrication NA services or products (collectively, the “Permitted Uses”). No other permission is granted to you to print, copy, adapt, reproduce, publish, disseminate, broadcast, perform, distribute, create derivative works from, assign, sublicense, circulate, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site (including, without limitation, the display and distribution of any content or materials contained on the Site via a third party website). No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Any unauthorized use of the Site or any access or attempt to access other areas of the kluberna.com computer system or other information contained on the system for any purpose is strictly prohibited and terminates the permission or license granted hereunder. You agree not to copy, modify, tamper with, or corrupt the Site or any portion of it. You may not use any information contained on the Site other than in connection with a Permitted Use.
- COPYRIGHT. The Site, including without limitation, all Site software, HTML and other code, design, text, data, images, photographs, illustrations, artwork, or other graphics and graphic material, audio clips, video clips, logos, slogans, domain names, page headers, buttons, icons, or other on-screen objects, scripts, or other copyrightable elements, as well as the selection and arrangement thereof, is protected under applicable U.S. and foreign copyright laws and is owned by Klüber Lubrication NA and/or its Affiliated Parties, licensors, suppliers, assigns, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright. You do not acquire any ownership rights to any content, document or other materials viewed through the Site. The posting of information, documents or other materials on the Site by Klüber Lubrication NA does not constitute a waiver of any right in such information, documents or other materials.
- TRADEMARKS. The Site may contain trade names, service marks, trademarks, certification marks, and/or trade dress (collectively, “Marks”), which are the property of Klüber Lubrication NA and/or its Affiliated Parties, licensors, suppliers, assigns, or other respective owners and which are protected, without limitation, pursuant to U.S. and foreign trademark laws. All Marks are the property of their respective companies. All rights in the intellectual property contained in the Site including copyright, trademarks, trade secret and patent rights are reserved. Statutory trademark notice contained herein represents trademark status in the United States.
- ACCESS LIMITS. You may not use any automated means to access the Site or collect any information from the Site (including, without limitation, agents, robots, spiders or scripts), frame the Site, utilize framing techniques to enclose any proprietary information or material, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping” and any other activity intended to collect, store, reorganize or manipulate the information contained in this Site. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site. You agree not to reproduce, duplicate, copy, create derivative works, frame, publicly display, copy or adapt HTML or other code on the Site to generate web pages, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Site. Unauthorized or prohibited use may be subject to civil liability and/or criminal prosecution under applicable federal and state laws.
- THIRD PARTY SITES. This Site may contain links to other sites that are not maintained by Klüber Lubrication North America. Klüber Lubrication NA is not responsible for the content or accuracy of those sites and Klüber Lubrication NA does not investigate or monitor such websites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Klüber Lubrication North America of the sites. If you decide to leave our Site and access such third party sites, you do so at your own risk. Klüber Lubrication NA disclaims any liability for links: (i) from another website to kluberna.com; and (ii) to another website from kluberna.com.
- THIRD PARTY MATERIALS. Some of the information on the Site has been provided by external sources. We are not responsible for the accuracy, reliability or currency of the information provided by external sources. Users wishing to rely upon this information should consult directly with the source of the information.
- CROSS REFERENCE INFORMATION. Any product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase and/or speak to our application engineers at (603) 647-4104.
- CUSTOMER PROFILE. If you elect to create a customer profile, as part of the registration process, you will select a login name and password. Although we will make every effort to assign to you the name and password that you select, we reserve the right, in our sole discretion, to reject any of your choices, for example, if it has been previously assigned to another user. You also may not (1) select or use a name or password of another person with the intent to impersonate that person, or (2) use a name or password that has previously been assigned to another user or in which another person has rights without such person’s authorization. You agree to provide true, accurate, current and complete information as prompted by the Klüber Lubrication NA Profile form (the information being the “Registration Information”). You also agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to notify us immediately of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. You also authorize Klüber Lubrication NA, directly or through third parties, to make any inquiries that it deems necessary, at its sole discretion, to validate your registration. This may include ordering a credit report or performing other credit checks, or verifying information that you provide against third party databases. Klüber Lubrication NA makes no representation that any user’s identity has been verified and makes no guarantee as to any user’s identity. If you provide any Registration Information that is untrue, inaccurate, outdated or incomplete, or Klüber Lubrication NA suspects that such Registration Information is untrue, inaccurate, outdated or incomplete, then Klüber Lubrication NA has the right to suspend or terminate your account and refuse any and all current or future use of the Site or services thereon (or any portion thereof). REGISTRATION IS AVAILABLE ONLY TO USERS THAT ARE 13 YEARS OLD OR OLDER. USERS UNDER THE AGE OF 13 ARE NOT ELIGIBLE TO REGISTER WITHOUT THE PRIOR WRITTEN CONSENT, IN A FORM ACCEPTABLE TO KLÜBER LUBRICATION NA, FROM A PARENT OR GUARDIAN.
By using the Site, you agree not to:
- Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, abusive, harassing, degrading, hateful or intimidating; (b) false, misleading, defamatory or libelous; (c) fraudulent or tortious; (d) profane, obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Any material that disparages Company or its promotional partners;
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as ‘phishing,’ ’email spoofing,’ ‘hacking,’ ‘cracking,’ or ‘phreaking.’
- Any computer viruses, ransomware, worms, Trojan horses, rootkits, keyloggers, dialers, spyware, adware, malicious BHOs (Browser Helper objects), rogue security software, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, ‘junk mail,’ ‘spam,’ ‘chain letter,’ ‘pyramid scheme’ or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Use the Site to harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally-identifiable information about users of the Site.
- Impersonate any person or entity, including without limitation any Site moderator or any representative of Company or an Affiliated Entity (as defined below); falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site, including without limitation by hacking or defacing any portion of the Site.
- Use the Site to advertise or offer to sell or buy any goods or services for any business purpose, without Company’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or from materials originating from the Site.
- Frame or mirror any part of the Site or any Software or Service without Company’s express prior written consent.
- Create a database by systematically downloading and storing Site Content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, ‘scrape,’ ‘data mine’ or in any way gather Site Content or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly-available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
- THE INFORMATION WE COLLECT. Klüber Lubrication NA may collect various types of information from visitors to the Site. Klüber Lubrication NA will collect transactional information from companies or individuals that purchase products from the Site. The information collected may include shipping information and credit card number/expiration date. The kluberna.com web server also collects general data pertaining to every Site visitor, including the IP address, the domain name, the web page, the length of time spent on the Site and the pages accessed while visiting the Site. This information is collected to, among other things, aggregate statistical information, facilitate system administration, and improve the content of the Site. Klüber Lubrication NA may also retain the content of the communications that are sent to kluberna.com customer service representatives. This information helps us to improve/respond to visitors’ inquiries regarding the Site.
- SECURITY. Klüber Lubrication NA places the utmost importance on protecting information transmitted via the Site and will take security precautions to protect all such information; however, Klüber Lubrication NA cannot guarantee that any electronic commerce is totally secure. Klüber Lubrication NA will take measures to secure and protect all customer-specific information from loss, misuse, and alteration.
- USE OF THE INFORMATION COLLECTED. Klüber Lubrication NA uses the information that is collected from the Site to, among other things, better serve its customers. Klüber Lubrication NA may also use the information collected to notify Site visitors of changes to the Site, to notify Site visitors of new products made available via the Site, and for any other legitimate and lawful business purpose of Klüber Lubrication NA. Klüber Lubrication NA will not exchange information with third parties. Please review our Privacy Statement at insert new link (“Privacy Statement”) which also governs your use of the Site, to understand our practices.
- UPDATES TO TERMS. Klüber Lubrication NA reserves the right, at its sole discretion, to modify or amend these Terms of Access at any time, and from time to time. Any changes to these Terms of Access will be posted on the Site, or sent via postal or email to you. If any portion of the Terms of Access is unacceptable to you or will cause you to no longer be in compliance with this Agreement, you should discontinue use of the Site immediately. Continued use of the Site now or following any changes to the terms of Access means that you have accepted and are bound by the changes.
- COPYRIGHTS; REGISTERED AGENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to email@example.com or Klüber Lubrication NA LP, Attn: Vice President Finance & Controlling, 32 Industrial Drive, Londonderry, NH 03053, (603) 647-4104. All trademarks, service marks and logos used in this Site are the property of their respective owners. All contents of this Site are the property of Klüber Lubrication NA and/or Affiliated Parties, licensors, suppliers, or assigns. Copyright © Klüber Lubrication NA LP All Rights Reserved.
- QUESTIONS REGARDING TERMS OF ACCESS. Questions regarding these Terms of Access should be directed to Klüber Lubrication NA at firstname.lastname@example.org or 32 Industrial Drive, Londonderry, NH 03053.
- MISCELLANEOUS PROVISIONS. You hereby acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. This Agreement, together with the Privacy Statement and the Terms and Conditions of Sale, constitutes the entire agreement between us and you governing the use of the Site, superseding any other prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site. This Agreement shall be treated as though it were executed and performed in Londonderry, New Hampshire, and shall be governed by and construed in accordance with the laws of the State of New Hampshire (without regard to conflict of law principles). Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and our waiver of any right or provision shall not constitute a continuing waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of the Agreement shall remain in full force and effect. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the state or federal courts sitting in the state of New Hampshire and you expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. All actions shall be subject to the limitations set forth herein. The section titles in this Agreement are for convenience only. You may not transfer any rights or obligations you may have under this Agreement. This Agreement, or any right or obligation hereunder, is freely transferable by us. This Agreement shall be binding upon and inure to the benefit of the parties hereto and any permitted assigns or transferees. This Agreement may be terminated by either party for any reason at any time. However, you agree that the foregoing terms and conditions shall survive any termination of your rights of access to the Site.