Using the Site or services for any purpose in violation of local, state, national, or international laws;
posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
posting or transmitting any information that are unlawful, harmful or otherwise objectionable;
distributing viruses, corrupted files, or any other similar software collecting or storing personal data of the Site;
Inducing, enticing, soliciting, recruiting, luring.
You represent and warrant for the benefit you possess the legal right and ability to enter into and make the representations and warranties contained in this Agreement; you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
You agree to defend, indemnify and hold harmless its members, officers, directors, employees, agents, licensers and suppliers from and against all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
THIS SITE AND ALL CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND. TRACTO-TECHNIK GIVES NO EXPRESS WARRANTIES AND DISCLAIMS: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE AND CONTENT IS WITH YOU.
IN ADDITION, TRACTO-TECHNIK DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT AND TITLE.
As a convenience, the TRACTO-TECHNIK Sites may provide links to third party web Sites. TRACTO-TECHNIK is not responsible for and does not endorse the informational content or any products or services available on any third-party web Site and does not make any representations regarding its content or accuracy. TRACTO-TECHNIK does not control any third party web Site, and is not liable for any technological, legal or other consequences. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such Sites. This means that TRACTO-TECHNIK is not your agent and will not be a party to any contract you enter.
IN NO EVENT WILL TRACTO-TECHNIK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY AND ALL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF TRACTO-TECHNIK AND EVEN IF TRACTO-TECHNIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON, YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING WILL BE LIMITED TO DISCONTINUING YOUR USE OF THE SITE. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS. IF, HOWEVER, A COURT OF COMPETENT JURISDICTION DETERMINES THAT YOU ARE ENTITLED TO DIRECT DAMAGES PURSUANT TO APPLICABLE LAW YOU AGREE THAT TRACTO-TECHNIK´s LIABILITY WILL NOT EXCEED THE AMOUNT OF EURO 50,--. YOU ACKNOWLEDGE THAT THIS PROVISION IS FAIR.
If any part of this Agreement is determined to be illegal, void, invalid or unenforceable, then the invalid or unenforceable provision (or portion) will be deemed superseded by valid, enforceable language that most closely matches the intent and allocation of risk in the original provision (or portion) and the rest of the Agreement will continue in full force and effect. The Agreement constitutes the entire agreement between you and TRACTO-TECHNIK with respect to the Site and your use of the Site, and supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between you and TRACTO-TECHNIK regarding the Site and your activities.
This Agreement is governed by the material law of Germany, Your consent to this Agreement includes your consent to exclusive jurisdiction and venue in the Landgericht Düsseldorf in all disputes arising out of or relating to this Agreement and waive all defence of lack of jurisdiction, venue, or forum non-convenience. TRACTO-TECHNIK does not claim, that this Site is appropriate for viewing outside of Germany. The content is directed to locations and addressees outside of Germany only where expressly stated. The use of this Site is expressly prohibited in any jurisdiction, that does not give effect to all provisions of this agreement. In any cause of action or claim you may bring against TRACTO-TECHNIKyou shall not be entitled to attorneys expenses. It must be served within one month after the claim or cause of action has arisen otherwise such claim or cause of action shall be barred.