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Terms of use

BILSTEIN NORTH AMERICA, Inc. (“BILSTEIN”), its parent company and affiliates operate the site www.bilstein-north-america.com (“Site”) to provide online access to information about BILSTEIN products and services (the “Services”).

BY ACCESSING, BROWSING AND USING THIS SITE, YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE (“TERMS OF USE”) INCLUDING THE PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE AND SET FORTH ON THIS WEBSITE. BILSTEIN RESERVES THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT GIVING YOU PRIOR NOTICE. YOUR CONTINUED USE OF THE SITE FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS OF USE AS MODIFIED.

  1. Use of Site
    Subject to these Terms of Use, BILSTEIN grants you a non–exclusive, non-transferable, limited right to access and use the Site, provided that you fully comply with the Site’s Terms of Use. You may use the Site as well as the Services and any other information made available on the Site (collectively, the “Content”) solely for non-commercial purposes and learn about BILSTEIN’s Services. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used, altered, downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial purposes, without BILSTEIN’s express prior written consent. You may also not use any data mining, “scraping” robots or similar data gathering and extraction methods.

    The Site is solely directed to individuals residing the United States and is only intended for use from within the United States. BILSTEIN makes no representations that the Site or any Content is appropriate, legal or available for use outside the United States. If you are a user from outside the United States you are responsible for compliance with any applicable laws. BILSTEIN makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from countries where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

    You may not use, frame or utilize framing techniques to enclose any portion of this Site or any trademark, logo or other proprietary information (including images, text, page layout, design and forms) of BILSTEIN and/or parent company, affiliates, subsidiaries and/or its third party licensors. You may also not use any meta tags or any other "hidden text" utilizing the BILSTEIN name, trademark or any other marks of BILSTEIN, without the express written consent of BILSTEIN.

    You must be at least 13 years of age to use the Site. If you are not at least 13 years old, you must not access or use the Site. Children under the age of 18 must have the consent of their parents and/or legal guardians in order to access or use the Site. BILSTEIN encourages parents to take appropriate steps to ensure their children’s appropriate use of the internet.

  2. Copyright and Intellectual Property Rights
    The Site and the Content are protected by U.S. and/or foreign copyright, trademark, patent and/or other applicable laws (collectively the “Intellectual Property Rights”), and are owned and/or licensed by BILSTEIN its parent company, affiliates, subsidiaries and/or licensors. You may download and reprint the Content for non-commercial, non-public, personal use or for use within your business or organization, if you are visiting and using this site on behalf of your employer or business. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. BILSTEIN, its parent company, affiliates, subsidiaries and/or licensors reserve complete title and all Intellectual Property Rights, including but not limited to copyrights, trademarks and patents in all Content. Nothing contained on the Site grants, or shall be construed to grant you, whether by implication, estoppel or otherwise, any license or right to use any copyright, trademark, patent or otherwise without the express written permission of its respective owner.

  3. Correction of Errors and Inaccuracies.
    BILSTEIN attempts to be as accurate and up-to-date as possible. Nonetheless, the Content may contain errors and BILSTEIN does not warrant that product descriptions or other Content on the Site are accurate, reliable, current, complete and/or free of errors. BILSTEIN may from time to time correct any errors, inaccuracies or omissions and change or update the Content at any time without prior notice. BILSTEIN does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

  4. Links to Third-Party Web Sites
    Links on the Site to third party web sites, including websites of the parent company, affiliates and/or subsidiaries, or information are provided solely as a convenience to you. If you use these links, you will leave the Site. BILSTEIN is not responsible for the availability of and not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of any provider other than BILSTEIN, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

  5. Linking
    Unless otherwise prohibited by these Terms of Use, you granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray BILSTEIN, its parent company, affiliates and subsidiaries or any of its Services in a misleading, false, or otherwise defamatory or derogatory manner. Furthermore, if you create a hyperlink to this site you are required to provided that (1) the hyperlink text accurately describes the content as it appears on the Site, (2) no “scraping” of the content by any means (i.e., extracting content from the Site and reformatting it, aggregating it with other content or redistributing it other than in its complete originally displayed format), (3) under no circumstances may you "frame" the Site or any of its content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages and (4) each page within the Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website. BILSTEIN reserves the right at any time, in its sole discretion, to revoke this permission generally, or your right to use specific links.

  6. Disclaimer of Warranties
    THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BILSTEIN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. BILSTEIN MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE AND/OR THE CONTENT. BILSTEIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BILSTEIN DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED.

    YOUR USE OF THE SITE AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.

  7. Limitation of Liability
    IN NO EVENT WILL BILSTEIN BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BILSTEIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  8. Indemnification
    You understand and agree to indemnify, defend and hold harmless BILSTEIN, its parent companies, subsidiaries, affiliated companies, licensors, directors, officer and employees, from and against any and all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, that result from or arise directly or indirectly out of or from (a) your breach of these Terms of Use, and (b) your activities in connection with the Site.

  9. User Conduct
    You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

  10. Export Restrictions
    Any and all underlying information or technology downloaded from this Site may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774). You are responsible for complying with and agree to comply with all such applicable restrictions and not to export or re-export the Content to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the content, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content.

  11. Privacy
    BILSTEIN’s Privacy Policy applies to the use of this Site and is hereby expressly made a part of these Terms of Use.

  12. Termination of Use
    BILSTEIN may terminate, change, suspend or discontinue your use of the Site at any time and for any reason without prior notice.

  13. General Provisions

    • Entire Agreement
      These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof.
    • No Waiver.
      No waiver by BILSTEIN of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
    • Enforcement/ Choice of Law/ Choice of Forum.
      If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, BILSTEIN’s Privacy Policy, your use of the Site, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Illinois, without regard to any conflict of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an Appropriate state or federal court located in the City of Chicago, Illinois.
    • If, for any reason, a court of competent jurisdiction finds any provision of theses Terms of Use, or portion thereof, to be void or unenforceable, such provision or portion thereof, shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

 

© Copyright 2012, BILSTEIN NORTH AMERICA, Inc. All Rights Reserved.

Revised October 2012