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DISCLAIMER

The TRACTO-TECHNIK Sites have been prepared carefully with respect to all information contained therein. However, no responsibility or liability is accepted with respect to the content of the Sites. The information available on this Site is not a substitute for any type of professional advice.

THIS SITE IS PROVIDED WITH POSSIBLE FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TRACTO-TECHNIK DISCLAIMS: (A) ALL IMPLIED WARRANTIES; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGANCE. IN ADDITION, TRACTO-TECHNIK DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT AND TITLE

IN NO EVENT WILL TRACTO-TECHNIK BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, 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.

The Sites of TRACTO-TECHNIK contain different types of information accessible to any visitor of the Site. 

Tracto-Technik does not certify accuracy of any information or certify that any level of expertise relevant to that information has been met. Your access to and use of the TRACTO-TECHNIK Sites is governed by these Terms of Use and disclaimer clauses on the Site and any written agreement with Tracto-Technik.

The information available on this Site, including, without limitation, graphics, photographs and data is not a substitute for any type of professional advice. 

TRACTO-TECHNIK IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, USE OF ANY CONTENT ON THE SITE. 

The terms of this Agreement may change from time to time so please review it when you visit the Site. Any use of the Site after the effective date of any change will constitute your consent to the revised Agreement. 

Tracto-Technik hereby grants you a limited, non-transferable license to access and use the Site and content solely for your personal, non-commercial purposes unless otherwise agreed upon with Tracto-Technik. The license retains all right, title, and interest in and to the Site and content. Subject to the applicable law of Germany TRACTO-TECHNIK reserves the right to suspend or deny, at its sole discretion, your access to all or any portion of the Site with or without notice. You may not access or use the Site or any portion of the Site if such access would violate any law. Except as provided in this agreement, permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from Tracto-Technik. You may contact us if you wish to obtain such consent. The Content on this Site is protected by national and international Copyright and Trademark law. All rights not expressly granted herein are reserved to Tracto-Technik. 

Except as expressly provided in this Agreement, neither TRACTO-TECHNIK nor any third party has conferred upon you by implication, estoppels, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right. 

If you use any services of these sites, you are solely responsible for information or data submitted by you. You agree that violation of any of the following rules constitutes a material breach of this Agreement:


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-TECHNIK you 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.