Access to any of the websites (the “Sites”) of Schindler Elevator Corporation (“Schindler”) is subject to the following legal terms and conditions (the “Terms and Conditions”). Schindler controls and operates the Sites from its offices in the United States of America and does not represent that materials on the Sites are appropriate or available for use in locations outside Canada and the United States of America.
1. Access and Acceptance
2. Purpose and Use
The content and information posted on the Sites are provided as information to interested persons and may be used for informational purposes only. Information on products and services may pertain to limited geographic areas and markets. A reference to a product or service on the Sites does not imply that such product or service is, remains, or will be available in your location.
You understand that by using the Sites or any services provided on the Sites, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Sites and any service at your sole risk and that Schindler and our affiliates shall have no liability to you for content that may be deemed offensive, indecent or objectionable.
3. No Offer
None of the content and information posted on the Sites may be deemed to constitute an offer by Schindler. Schindler expressly reserves the right to decline any request made on the basis of the content of the Sites for a tender by Schindler. Orders for Schindler products cannot and may not be placed over the Sites.
By using the Sites, you represent that you are of the age of majority in your jurisdiction. If you are a parent or legal guardian agreeing to these Terms and Conditions, you must monitor and supervise the use of the Sites by the minor and you are fully responsible for the minor’s use of the Sites, including any financial charges and legal liability that he or she may incur.
Some services offered at the Sites are available only to those who register (“Registered Users”). Registered Users must be eighteen (18) years of age or older. You agree that the registration information you provide is accurate, complete and current, and that you will promptly update that information to keep it accurate, complete and current. If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to bind the organization to these Terms and Conditions.
Once you have registered, you will receive a user id and password. You are responsible for maintaining the confidentiality of your user id and password, and are responsible for all activities that occur using your user id and password, whether or not expressly authorized by you. We are not under any obligation to verify the actual identity or authority of any user of a user id and password. Schindler will not be responsible for any damages resulting from the unauthorized use of your user id or password. You agree to notify us immediately at email@example.com of any such unauthorized use. We have the right to take any actions that we deem reasonable in such event provided that we will have no liability for any act or omission in this regard.
We may suspend or cancel your account at any time for any reason without notice or liability to you or any other person.
5. No Liability
Any liability of Schindler for damages due to or in connection with accessing and/or making use of the Sites is excluded to the broadest extent permitted by law.
Schindler is not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. The information, software, products, and services included in or available through the Sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Advice received via the Sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Some product and/or service descriptions, representations, warranties, guarantees, performance claims, and other content provided on the Sites are provided by our vendors, partners, and other third parties, and are not independently verified by us. The accuracy of such descriptions, representations, warranties, guarantees, performance claims and other content is the sole responsibility of the vendors, partners, and other third parties.
To the maximum extent permitted by applicable law, in no event shall Schindler and/or its suppliers or third-party content providers have any liability for any direct, indirect, punitive, incidental, special or consequential damages, claims of third parties, or any other damages whatsoever including, without limitation, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of use, data or profits, anticipated savings, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses, arising out of or in any way connected with the use or performance of the Sites, with the delay or inability to use the Sites or related services, the provision of or failure to provide services, or from any actions we take or fail to take as a result of email messages you send us, or for any information, software, products, services and related graphics obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, negligence, strict liability or otherwise, even if Schindler or any of its suppliers has been advised of the possibility of damages.
Without limiting the generality of the foregoing, Schindler shall have no liability or any responsibility whatsoever for any loss suffered or caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from the Sites. If you choose to download material from the Sites, you do so at your own risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Sites, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Sites.
6. No Warranty
The laws of certain jurisdictions, including Quebec, do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services. If these laws apply to you, some or all of the exclusions or limitations in these Terms and Conditions may not apply to you, and you may have additional rights.
To the extent permitted by law, the content and information posted on the Sites is provided to you “as is” and “as available” without warranties or representations of any kind. Schindler disclaims and excludes any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Sites to the broadest extent permitted by law.
In particular, Schindler makes no warranties or representations, express or implied, as to the technical accessibility, accuracy, fitness, quality, completeness, suitability, reliability, availability, timeliness, or flawlessness of the Sites, or existence of the content and information, software, products, services, and related graphics contained on the Sites. Schindler and/or its suppliers hereby disclaim all warranties and conditions with regard to this content, information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. Schindler makes no warranties or representations that your use of content and information posted on the Sites will not infringe rights of third parties.
7. Reservation on Intellectual Property Rights | Copyright and Trademark Notices
The protection of the Sites and of their content by copyright or other laws remains reserved. The trademarks, logos, service marks, business names all related product and service names, slogans, images, text, illustrations, designs, downloads, icons, photographs, programs, video clips and written and other materials that are displayed on the Sites are subject to Intellectual Property Rights and remain our property.
“Intellectual Property Rights” means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks, trade names (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights, owned by or licensed to Schindler or one of our affiliates.
All design, text, graphics, their selection and arrangement and all software compilations underlying source code, software, and all other material on this site are our copyright or are the copyright of its content and technology providers. All rights are reserved.
Any unauthorized use of content or information posted on the Sites and any unauthorized reproduction, retransmission or other use of any part of the Sites may infringe Schindler's or third parties’ copyrights, trademarks, privacy, publicity or other rights and is not permitted. Requests for reproduction and retransmission permissions may be addressed to firstname.lastname@example.org.
The Sites may contain third party content or provide links to other websites. Schindler has no control over such websites and you access third-party websites at your own risk.
The links from Schindler Sites to other websites are provided for your information and convenience only. Schindler has not reviewed any third-party webpages and websites which contain links to the Sites. Schindler is not responsible for the content of any such off-site webpages or any other websites linked to the Sites.
9. No Unlawful or Prohibited Use
As a condition of your use of the Sites, you represent and warrant to Schindler that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other person's use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) sending unsolicited email, including promotions and/or advertising of products or services.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of any Sites or any activity being conducted on any Sites. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search any Sites other than the search engine and search agents available from us on any Sites and other than generally available third-party web browsers.
If applicable, you may not permit anyone other than yourself to use your username or password to gain access to the Sites. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password.
10. User Comments
For all comments disclosed, submitted or offered to us on or through the Sites, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of the Sites (collectively, the "Comments") you grant us a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the Comments however we desire, including without limitation, to use, copy, reproduce, disclose, modify, delete in their entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.
For this reason, we ask that you not send us any comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. We are and shall be under no obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to you any compensation for any Comments; or (4) to respond to any Comments. You represent and warrant that any Comments submitted by you to the Sites will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trade-mark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party.
You further represent and warrant that no Comments submitted by you to this site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You will not impersonate any person or entity or misrepresent your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make.
You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of us and our successors, assigns and licensees.
We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Sites. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from or relating to any Comments you submit.
Schindler and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
13. Revisions to the Sites and the Terms and Conditions
Schindler may in any way, at any time, for any reason, without prior notice and at its discretion modify, add or remove or otherwise update the Sites and the details displayed on it, including these Terms and Conditions. If we update these Terms and Conditions, we will post the new Terms and Conditions on the Sites and note the date that they were last updated. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Your continued use of the Sites following the posting of changes to these Terms and Conditions or other policies means you accept the changes. As such, you agree to such changes, and are bound by the revised Terms and Conditions, when you use the Sites.
If we become aware that you have violated these Terms and Conditions, we may immediately take corrective action, including preventing you from using the services offered by Schindler and removing any information, data and content put on the Sites by you, at any moment and without notice. If we have suffered damage(s) by your violation we may, in our sole discretion, seek to recover damages from you.
The delay or failure by us to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.
15. Applicable Law and Place of Jurisdiction
To the maximum extent permitted by law, these Terms and Conditions are governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Sites.
Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.
In the event of any conflict between the English version of these Terms and Conditions and any translation of them, the English version will prevail.
You agree to indemnify, defend and hold harmless Schindler and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions, to the greatest extent permitted by law.
If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Schindler as a result of Terms and Conditions or use of the Sites.
Schindler’s performance of the Terms and Conditions is subject to existing laws and legal process, and nothing contained in the Terms and Conditions is in derogation of Schindler’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Schindler with respect to such use.
If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
Unless otherwise specified herein or agreed to by the user, the Terms and Conditions constitutes the entire agreement between the user and Schindler with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Schindler with respect to the Sites.
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.