Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.
By continuing to access or use this site or any service on this site, you signify your acceptance of these Terms and Conditions of Use ("TOU"). From time to time, Friedl Business Information may modify these terms and conditions. Accordingly, please continue to review these TOU whenever accessing or using this site. Your use of the site or any service on this site, after the posting of modifications to these TOU will constitute your acceptance of these TOU, as modified. If, at any time, you do not wish to accept the TOU, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these TOU are expressly rejected by Friedl Business Information and shall be of no force or effect.
1. User Consent to TOU. You represent that you have read and agree to be bound by the TOU for www.friedlnet.com. You further agree:
(a) to comply with international law regarding the transmission of any data obtained from the Website (as defined herein) in accordance with the TOU,
(b) not to use the Website for illegal purposes, and
(c) not to interfere or disrupt networks connected to the Website.
2. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Website"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Austria and other countries. The Website is also protected as a collective work or compilation under international copyright and other laws and treaties. All individual articles, columns and other elements making up the Website are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website.
3. Restrictions on Use. You may not use the Website for any illegal purpose or in any manner inconsistent with the TOU. You agree to use the Website solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Website in any manner that could compete with the business of Friedl Business Information. You acknowledge that the Website has been developed, compiled, prepared, revised, selected and arranged by Friedl Business Information and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Friedl Business Information and such others. You agree to protect the proprietary rights of Friedl Business Information and all others having rights in the Website during and after the term of this agreement and to comply with all reasonable written requests made by Friedl Business Information or its vendors of content, equipment or otherwise ("Vendors") to protect their and others' contractual, statutory and common law rights. You agree to notify Friedl Business Information in writing promptly upon becoming aware of any unauthorized access or use of the Website by any party or of any claim that the Website infringes upon any copyright, trademark or other contractual, statutory or common law rights.
4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE WEBSITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE WEBSITE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE WEBSITE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT FRIEDL BUSINESS INFORMATION'S PRIOR WRITTEN CONSENT. MODIFICATION OF THE WEBSITE'S CONTENT WOULD B E A VIOLATION OF FRIEDL BUSINESS INFORMATION 'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE WEBSITE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF FRIEDL BUSINESS INFORMATION. THE WEBSITE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE WEBSITE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE WEBSITE. YOU MAY NOT USE THE WEBSITE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF FRIEDL'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH FRIEDL BUSINESS INFORMATION'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE WEBSITE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF FRIEDL BUSINESS INFORMATION'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE WEBSITE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TOU SET FORTH ON THE WEBSITE, INCLUDING THE LINKING AND FRAMING POLICY.
5. License. You acquire absolutely no rights or licenses in or to the Website and materials contained within the Website other than the limited right to utilize the Website in accordance with the TOU. Should you choose to download content from the Website, you must do so in accordance with the TOU. Such download is licensed to you by Friedl Business Information ONLY for your own personal, noncommercial use in accordance with the TOU and does not transfer any other rights to you. You may not use any Friedl Business Information logos, graphics or trade marks as part of the link without our express consent in writing. You may access and make personal use of this site but not download (other than page caching) or modify it, or any portion of it, except with the express written consent of Friedl Business Information. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Friedl Business Information. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, video, page layout, or form) of Friedl Business Information and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Friedl Business Information’s name or trademarks without the express written consent of Friedl Business Information. Any unauthorized use terminates the permission or license granted by Friedl Business Information.
6. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website (the "Intellectual Property Rights") shall, as between you and Friedl Business Information, at all times be and remain the sole and exclusive property of Friedl Business Information. All present and future rights in and title to the Website (including the right to exploit the Website and any portions of the Website over any present or future technology) are reserved to Friedl Business Information for its exclusive use. Except as specifically permitted by the TOU, you may not copy or make any use of the Website or any portion thereof. Except as specifically permitted herein, you shall not use Friedl Business Information's Intellectual Property Rights or the Website, or the names of any individual participant in, or contributor to, the Website, or any variations or derivatives thereof, for any purpose, without Friedl Business Information's prior written approval.
7. Fees and Payments. Friedl Business Information reserves the right at any time to charge fees for access to portions of the Website (e.g. Reports) or the Website as a whole. If at any time Friedl Business Information requires a fee for portions of the Website or the Website as a whole, Friedl Business Information will require you to register and create an account. In no event will you be charged for access to portions of the Website or to the Website unless Friedl Business Information obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by Friedl Business Information or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Website through your account, and the purchase of any other products or services. Certain portions of the Website or the Website as a whole may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Website or the Website as a whole if a Prepaid Fee is required unless Friedl Business Information receives all fees and charges payable by you, including the Prepaid Fee.
8. Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to portions of the Website that require a fee or payment, you will select a User ID and a password. You will provide Friedl Business Information with certain registration information, all of which must be accurate and updated. You shall not (i) select a User ID already used by another person; (ii) use a User ID in which another person has rights without such person's authorization; or (iii) use a User ID or password that Friedl Business Information, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Friedl Business Information of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Friedl Business Information account, including but not limited to use of the account by any third party authorized by you to use your User ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Friedl Business Information's sole discretion, and Friedl Business Information may refer you to appropriate law enforcement agencies. You may terminate your account at any time. Upon termination, you will receive a confirmation via e-mail that the request was received, and your account will be terminated within two (3) business days. You are responsible for all charges incurred up to the time the account is terminated.
9. Disclaimer and Limitation of Liability. You agree that your use of the Website is at your sole risk and acknowledge that the Website and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Friedl Business Information makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Friedl Business Information does not warrant that the Website is compatible with your equipment or that the Website is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that Friedl Business Information its Vendors and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of Friedl Business Information, its employees, subcontractors, agents, Vendors or otherwise arising in connection with the Website and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Friedl Business Information by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Website caused by your computer equipment or arising from your use of the Website on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Website is not maintained or controlled by Friedl Business Information. Friedl Business Information is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Website. Friedl Business Information does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Website, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Website or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Website. Friedl Business Information is also not responsible for the reliability or continued availability of the network and equipment you use to access the Website. You understand that Friedl Business Information and/or third-party contributors to the Website may choose at any time to inhibit or prohibit their content from being accessed under the TOU.
10. Further Disclaimer and Limitation of Liability. You acknowledge that (a) the Website is provided for information purposes only and is not intended for trading purposes, (b) the Website includes information taken from various sources, (c) Friedl Business Information does not guarantee the sequence, accuracy, completeness or timeliness of the Website and (d) the provision of certain parts of the Website is subject to the terms and conditions of other agreements to which Friedl Business Information is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Friedl Business Information, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, vendors and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Website; (b) delays, errors or interruptions in the transmission or delivery of the Website; or (c) loss or damage arising there from or occasioned thereby, or by any reason of nonperformance.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FRIEDL BUSINESS INFORMATION, ITS VENDORS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A FRIEDL BUSINESS INFORMATION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOU, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Friedl Business Information's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
12. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Website only as set forth in the TOU.
13. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Friedl Business Information and its employees, representatives, vendors and agents, against any claim, suit, action or other proceeding brought against Friedl Business Information, its employees, representatives, Vendors and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Friedl Business Information, its employees, representatives, Vendors and agents is based on or arises in connection with the Website, or any links on the Website, including, but not limited to: (a) your use or someone using your computer's use of the Website; (b) your use or someone using your account, where applicable; (c) a violation of the TOU by you or anyone using your computer (or account, where applicable); (d) a claim that any use of the Website by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (e) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or someone using your computer (or account, where applicable); (f) any misrepresentation or breach of representation or warranty made by you contained herein: or (g) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
14. Termination. Either you or Friedl Business Information may terminate the TOU with or without cause at any time and effective immediately. You may terminate the TOU by discontinuing use of the Website and destroying all materials obtained from the Website. These TOU will terminate immediately without notice from Friedl Business Information if you, in Friedl Business Information's sole discretion, fail to comply with any provision of these TOU. Upon termination by you or upon notice of termination by Friedl Business Information, you must destroy promptly all materials obtained from the Website and any copies thereof.
15. Governing Law. These TOU shall be governed and construed in accordance with the laws of Austria, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the courts located in Austria with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of the TOU.
16. Miscellaneous. You accept that Friedl Business Information has the right to change the content or technical specifications of any aspect of the Website at any time at Friedl Business Information's sole discretion. You further accept that such changes may result in your being unable to access the Website.
17. Headings. The section titles in the TOU are used solely for the convenience of you and Friedl Business Information and have no legal or contractual significance.
18. Severability. If any provision of the TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOU will remain in force.
19. Entire Agreement. The TOU and any other TOU on www.friedlnet.com, and its successor, constitute the entire agreement between you and Friedl Business Information and govern your use of the Website.
By continuing to access or use this site or any service on this site, you signify your acceptance of these Terms and Conditions of Use ("TOU"). From time to time, Friedl Business Information may modify these terms and conditions. Accordingly, please continue to review these TOU whenever accessing or using this site. Your use of the site or any service on this site, after the posting of modifications to these TOU will constitute your acceptance of these TOU, as modified. If, at any time, you do not wish to accept the TOU, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these TOU are expressly rejected by Friedl Business Information and shall be of no force or effect.
1. User Consent to TOU. You represent that you have read and agree to be bound by the TOU for www.friedlnet.com. You further agree:
(a) to comply with international law regarding the transmission of any data obtained from the Website (as defined herein) in accordance with the TOU,
(b) not to use the Website for illegal purposes, and
(c) not to interfere or disrupt networks connected to the Website.
2. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Website"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Austria and other countries. The Website is also protected as a collective work or compilation under international copyright and other laws and treaties. All individual articles, columns and other elements making up the Website are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website.
3. Restrictions on Use. You may not use the Website for any illegal purpose or in any manner inconsistent with the TOU. You agree to use the Website solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Website in any manner that could compete with the business of Friedl Business Information. You acknowledge that the Website has been developed, compiled, prepared, revised, selected and arranged by Friedl Business Information and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Friedl Business Information and such others. You agree to protect the proprietary rights of Friedl Business Information and all others having rights in the Website during and after the term of this agreement and to comply with all reasonable written requests made by Friedl Business Information or its vendors of content, equipment or otherwise ("Vendors") to protect their and others' contractual, statutory and common law rights. You agree to notify Friedl Business Information in writing promptly upon becoming aware of any unauthorized access or use of the Website by any party or of any claim that the Website infringes upon any copyright, trademark or other contractual, statutory or common law rights.
4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE WEBSITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE WEBSITE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE WEBSITE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT FRIEDL BUSINESS INFORMATION'S PRIOR WRITTEN CONSENT. MODIFICATION OF THE WEBSITE'S CONTENT WOULD B E A VIOLATION OF FRIEDL BUSINESS INFORMATION 'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE WEBSITE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF FRIEDL BUSINESS INFORMATION. THE WEBSITE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE WEBSITE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE WEBSITE. YOU MAY NOT USE THE WEBSITE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF FRIEDL'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH FRIEDL BUSINESS INFORMATION'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE WEBSITE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF FRIEDL BUSINESS INFORMATION'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE WEBSITE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TOU SET FORTH ON THE WEBSITE, INCLUDING THE LINKING AND FRAMING POLICY.
5. License. You acquire absolutely no rights or licenses in or to the Website and materials contained within the Website other than the limited right to utilize the Website in accordance with the TOU. Should you choose to download content from the Website, you must do so in accordance with the TOU. Such download is licensed to you by Friedl Business Information ONLY for your own personal, noncommercial use in accordance with the TOU and does not transfer any other rights to you. You may not use any Friedl Business Information logos, graphics or trade marks as part of the link without our express consent in writing. You may access and make personal use of this site but not download (other than page caching) or modify it, or any portion of it, except with the express written consent of Friedl Business Information. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Friedl Business Information. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, video, page layout, or form) of Friedl Business Information and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Friedl Business Information’s name or trademarks without the express written consent of Friedl Business Information. Any unauthorized use terminates the permission or license granted by Friedl Business Information.
6. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website (the "Intellectual Property Rights") shall, as between you and Friedl Business Information, at all times be and remain the sole and exclusive property of Friedl Business Information. All present and future rights in and title to the Website (including the right to exploit the Website and any portions of the Website over any present or future technology) are reserved to Friedl Business Information for its exclusive use. Except as specifically permitted by the TOU, you may not copy or make any use of the Website or any portion thereof. Except as specifically permitted herein, you shall not use Friedl Business Information's Intellectual Property Rights or the Website, or the names of any individual participant in, or contributor to, the Website, or any variations or derivatives thereof, for any purpose, without Friedl Business Information's prior written approval.
7. Fees and Payments. Friedl Business Information reserves the right at any time to charge fees for access to portions of the Website (e.g. Reports) or the Website as a whole. If at any time Friedl Business Information requires a fee for portions of the Website or the Website as a whole, Friedl Business Information will require you to register and create an account. In no event will you be charged for access to portions of the Website or to the Website unless Friedl Business Information obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by Friedl Business Information or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Website through your account, and the purchase of any other products or services. Certain portions of the Website or the Website as a whole may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Website or the Website as a whole if a Prepaid Fee is required unless Friedl Business Information receives all fees and charges payable by you, including the Prepaid Fee.
8. Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to portions of the Website that require a fee or payment, you will select a User ID and a password. You will provide Friedl Business Information with certain registration information, all of which must be accurate and updated. You shall not (i) select a User ID already used by another person; (ii) use a User ID in which another person has rights without such person's authorization; or (iii) use a User ID or password that Friedl Business Information, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Friedl Business Information of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Friedl Business Information account, including but not limited to use of the account by any third party authorized by you to use your User ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Friedl Business Information's sole discretion, and Friedl Business Information may refer you to appropriate law enforcement agencies. You may terminate your account at any time. Upon termination, you will receive a confirmation via e-mail that the request was received, and your account will be terminated within two (3) business days. You are responsible for all charges incurred up to the time the account is terminated.
9. Disclaimer and Limitation of Liability. You agree that your use of the Website is at your sole risk and acknowledge that the Website and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Friedl Business Information makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Friedl Business Information does not warrant that the Website is compatible with your equipment or that the Website is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that Friedl Business Information its Vendors and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of Friedl Business Information, its employees, subcontractors, agents, Vendors or otherwise arising in connection with the Website and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Friedl Business Information by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Website caused by your computer equipment or arising from your use of the Website on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Website is not maintained or controlled by Friedl Business Information. Friedl Business Information is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Website. Friedl Business Information does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Website, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Website or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Website. Friedl Business Information is also not responsible for the reliability or continued availability of the network and equipment you use to access the Website. You understand that Friedl Business Information and/or third-party contributors to the Website may choose at any time to inhibit or prohibit their content from being accessed under the TOU.
10. Further Disclaimer and Limitation of Liability. You acknowledge that (a) the Website is provided for information purposes only and is not intended for trading purposes, (b) the Website includes information taken from various sources, (c) Friedl Business Information does not guarantee the sequence, accuracy, completeness or timeliness of the Website and (d) the provision of certain parts of the Website is subject to the terms and conditions of other agreements to which Friedl Business Information is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Friedl Business Information, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, vendors and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Website; (b) delays, errors or interruptions in the transmission or delivery of the Website; or (c) loss or damage arising there from or occasioned thereby, or by any reason of nonperformance.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FRIEDL BUSINESS INFORMATION, ITS VENDORS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A FRIEDL BUSINESS INFORMATION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOU, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Friedl Business Information's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
12. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Website only as set forth in the TOU.
13. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Friedl Business Information and its employees, representatives, vendors and agents, against any claim, suit, action or other proceeding brought against Friedl Business Information, its employees, representatives, Vendors and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Friedl Business Information, its employees, representatives, Vendors and agents is based on or arises in connection with the Website, or any links on the Website, including, but not limited to: (a) your use or someone using your computer's use of the Website; (b) your use or someone using your account, where applicable; (c) a violation of the TOU by you or anyone using your computer (or account, where applicable); (d) a claim that any use of the Website by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (e) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or someone using your computer (or account, where applicable); (f) any misrepresentation or breach of representation or warranty made by you contained herein: or (g) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
14. Termination. Either you or Friedl Business Information may terminate the TOU with or without cause at any time and effective immediately. You may terminate the TOU by discontinuing use of the Website and destroying all materials obtained from the Website. These TOU will terminate immediately without notice from Friedl Business Information if you, in Friedl Business Information's sole discretion, fail to comply with any provision of these TOU. Upon termination by you or upon notice of termination by Friedl Business Information, you must destroy promptly all materials obtained from the Website and any copies thereof.
15. Governing Law. These TOU shall be governed and construed in accordance with the laws of Austria, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the courts located in Austria with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of the TOU.
16. Miscellaneous. You accept that Friedl Business Information has the right to change the content or technical specifications of any aspect of the Website at any time at Friedl Business Information's sole discretion. You further accept that such changes may result in your being unable to access the Website.
17. Headings. The section titles in the TOU are used solely for the convenience of you and Friedl Business Information and have no legal or contractual significance.
18. Severability. If any provision of the TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOU will remain in force.
19. Entire Agreement. The TOU and any other TOU on www.friedlnet.com, and its successor, constitute the entire agreement between you and Friedl Business Information and govern your use of the Website.