Ownership of Copyright
This site contains material that is owned or licensed by Schiel & Denver. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software. Provided that you retain any and all copyright, trademark and other proprietary notices, you may download material for your personal, non-commercial use.
Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express written prior permission of Schiel & Denver or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site.
If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Schiel & Denver will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Limitation of Liability
SCHIEL & DENVER WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS WEBSITE, WHICH IS PROVIDED "AS IS." SCHIEL & DENVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SCHIEL & DENVER DOES NOT MAKE ANY REPRESENTATIONS THAT THIS SITE OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SCHIEL & DENVER BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SCHIEL & DENVER ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON OUR WEB SITE.
You warrant and agree that, while using our Web Site and the various services and features offered on or through the Web Site, you shall not:
(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity;
(b) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Schiel & Denver or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
(c) attempt to gain unauthorized access to other computer systems through the Web Site.
You shall not:
(i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site;
(ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means;
(iii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
(iv) use the Web Site or the Web Site's services or features in violation of Schiel & Denver's or any third party's intellectual property or other proprietary, personal or legal rights, or;
(v) use the Site or the Site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
You agree to defend, indemnify and hold Schiel & Denver and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users. Schiel & Denver shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Pricing & Sales Tax
All prices are in US dollars. Your total order price will include the price of the Schiel & Denver product(s) and service(s) plus any applicable sales & local tax and shipping charges. Schiel & Denver reserves the right to change prices for products and services at any time. The shipment notice/invoice that Schiel & Denver mails you will include any applicable sales tax.
Every effort has been made to ensure this Web Site is available globally; international users are permitted to access Schiel & Denver's website under these terms but those who choose to do so from territories outside the United States are responsible for compliance with local laws.
Public Forums & Blogs
Schiel & Denver may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which;
(i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site's services;
(ii) are fraudulent, discriminatory, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
(iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
(v) contain a virus, spyware, or other harmful component;
(vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or;
(vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Web Site or Schiel & Denver.
You alone are responsible for the content and consequences of any of your activities.
Right to Monitor & Review
Schiel & Denver reserves the right, but does not have an obligation, to monitor and/or review materials, in whole or in part, posted to the Web Site or through the Web Site's services or features by users, and Schiel & Denver is not responsible for any such materials posted by users.
We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice of liability.
Private or Sensitive Information on Public Forums & Blogs
It is important to remember that comments submitted to a forum or blog may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, and are likely to be accessible for a long time and you have no control over who will read them eventually.
It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
You acknowledge and accept that any computer and/or telecommunication system is not fault-free and may from time to time require periods of downtime, where our Web Site will not be available to you, for the purposes of repair, maintenance and upgrading or otherwise.
During these offline periods, Schiel & Denver will endeavor to return the website to full availability as soon as possible, and make reasonable efforts to minimise any periods during which the website is not available. You accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability of Schiel & Denver’s Web Site.
Schiel & Denver’s web site may contain additional terms related to individual products and services. Please read those rules, posted or linked at each feature, before engaging the services, as they form part of Schiel & Denver’s Terms to which you agree through your continued use of our site.
This agreement may be terminated by Schiel & Denver at any time without notice. In the event of termination, you are no longer authorized to have access to the site, and all limitations on Schiel & Denver's liability and on your use of Schiel & Denver material shall survive.
If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in effect.
Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These terms and conditions will be governed by and construed in accordance with the laws of the State of Texas and the parties will submit to the non-exclusive jurisdiction of the State of Texas courts. The place of performance will be Houston, Texas.
A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Schiel & Denver Web Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
REVIEWED AND CORRECT AS OF: 28 January 2013
If you have any questions regarding this agreement, please contact Schiel & Denver.
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