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MANN+HUMMEL GMBH 71631 Ludwigsburg, Germany Hindenburgstrasse 45, 71638 Ludwigsburg
Phone +49 (7141) 98-0 Fax +49 (7141) 98-2545 e-mail: info@mann-hummel.com
Board of Management: Alfred Weber (CEO), Filiz Albrecht, Hansjörg Herrmann, Kai Knickmann, Josef Parzhuber, Steffen Schneider, Emese Weissenbacher, Manfred Wolf. Chairman of the Supervisory Board: Thomas Fischer
Commercial Register: Stuttgart HRB 200155 VAT registration number: DE 146129027
Thank you for visiting the Vokes Air website (the "Site"). In light of the complexities governing the use and operation of web sites, we have set forth below a series of Access and Use Terms ("SATS") that apply to your access to and use of the Site. Compliance with and acceptance of the SATS are required in order for you to have access to and use of the Site. Please read the SATS very carefully. We hope that you will understand that, in the complex legal world of the internet, access and use terms are required. We have also included below, as part of the SATS, an identification of Vokes Air's agent for receipt of notice regarding copyright claims and other communications regarding the Site. If you do not agree with or do not accept any of the SATS, please immediately exit the Site and refrain from further access. Thank you for your understanding. We hope that you enjoy the Site and find it useful. Also, please keep in mind that information provided on this site and via linked sites is not for the purposes of seeking or encouraging investment unless specifically designated as such. 1. LIMITED LICENSE As described below, your compliance with the SATS provides a limited, terminable license regarding access to and use of the Site Contents. "Site Contents" or "Contents" means images, text, information, sounds, interactive features, links, and other features of the Site. "Site Code" means any and all underlying elements of the Site, including, but not limited to source code, object code, and other sets of statements or instructions that relate to the operation or functions of the Site. You agree:
2. OWNERSHIP OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in or associated with the Site, the Site Contents, and Site Code are the properties of Vokes Air, its owner(s) or its licensors. Nothing in these SATS or any Site Contents shall convey an ownership interest or a non-terminable license in any Site Contents or any Site Code. 3. SUBMISSIONS AND USER GRANT OF LICENSE Vokes Air is pleased to hear from its customers and Site users. We welcome your input. However, due to legal requirements, we cannot provide compensation for, agree to consider, or agree in advance to keep confidential, any submission of creative ideas, disclosures of inventions, other disclosures of potentially useful information, or submissions of any other content. In order to avoid confusion and unmanageable situations, all content submitted by you via the Site or through any contact information provided in the Site (e.g., addresses, e-mail addresses, telephone numbers, links) is provided with a paid-up, perpetual, non-exclusive license, effective everywhere, to Vokes Air to consider, retain, copy, use, publish, modify, disclose and otherwise exploit the content, at Vokes Air's sole discretion. Vokes Air does not, however, engage in the practice of selling Site users identifying information to third parties. Vokes Air may, in its sole discretion, determine that the submission and its contents should be kept confidential. Any or all of these license rights can be assigned and sublicensed by Vokes Air and they apply to all manner of copying, display, distribution, transmission, storage, recording or other media or means of exploitation now known or hereafter invented. If any applicable law, judicial decision or regulatory requirement restricts or limits the provisions of this paragraph, Vokes Air's liability, if any, will be limited in accordance with THE LIMITATION OF LIABILITY terms in Section 6 of these SATS. 4. PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES As a convenience to visitors of the Site, Vokes Air may provide from time to time, at its sole discretion, one or more chat areas, message boards, e-mail functions, contact information, polls, surveys, and other features for use by visitors to the Site. Such features are referred to herein as "Visitor Features." Vokes Air may, in its sole discretion without advanced notice, discontinue provision of any Visitor Features to any or all Site visitors and may, in its sole discretion, remove any content provided by a Site visitor. Users of Visitor Features are bound by and must comply with the SATS, and must agree not to do the following:
Vokes Air hopes that all of those who use and have access to the Site will follow the SATS and otherwise conduct themselves properly. However, Vokes Air cannot be responsible for monitoring, verifying or substantiating content or code provided by third-party users of the Site. Therefore, you agree that Vokes Air shall not be liable for any breach of the SATS by third parties or for other injurious behavior engaged in by third parties who use or gain access to the Site. 5. LINKS Unless expressly stated otherwise by Vokes Air, Vokes Air does not necessarily control sites that may be linked to or from the Site. Vokes Air cannot monitor or otherwise evaluate such sites, and Vokes Air is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies. Even if you are linked to a web page other than the front page of the linked site, you are responsible for checking that site's terms and conditions of access and use, as well as the site's privacy policies. Materials on other sites may be subject to proprietary rights and other restrictions. LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK. If you wish to establish a link to this Site, you must obtain a license from Vokes Air. 6. WARRANTY DISCLAIMERS, INVESTMENT INFORMATION, DAMAGE LIMITATION, INDEMNIFICATION THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING BUT NOT LIMITED TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THIS SITE AND LINKED SITES, ARE PROVIDED "AS IS." VOKES AIR, ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE, (2) MERCHANTABILITY, (3) COMPLETENESS, (4) ACCURACY, (5) NON-INFRINGEMENT, AND (6) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION. IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT OR OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, VOKES AIR, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR LOSS OF INFORMATION. TERMS REGARDING THE DEMONSTRATION, SALE, LICENSE OR USE OF VOKES AIR PRODUCTS AND SERVICES MAY CONTAIN ADDITIONAL PROVISIONS AND DISCLAIMERS. You agree to indemnify, defend and hold harmless Vokes Air, its owners, affiliates, subsidiaries, transferees, assigns and their directors, officers, employees, contractors, licensors and suppliers against all losses, expenses, damages and costs, including but not limited to reasonable attorneys' fees, resulting from any violation of the SATS by you or by others that gain access to the Site through your system or to whom you have provided access to Site Contents. Vokes Air reserves the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Vokes Air in asserting any available defenses. You shall be responsible for any damages or fines assessed due to violation of the SATS by you or others that gain access to the Site through your system or to whom you have provided access to Site Contents. 7. PRODUCTS AND SERVICES Products and services offered through this Site may be subject to license terms and terms of use or sale that are in addition to, or distinct from, the SATS. Therefore, the provision and acceptance of any such product or service shall be subject to any additional or distinct terms supplied by Vokes Air or the third-party supplier(s) of the product(s) or service(s). 8. CHANGES TO SITE OR TERMS OF ACCESS AND USE Vokes Air reserves the right, at its sole discretion, without advance notice, to change, modify, add or remove all or any portion of the Site or the SATS. Changes to the SATS shall be immediately effective when posted. You agree to review the SATS periodically to be aware of any changes. Your access to and continued use of the Site after the changes are posted shall constitute acceptance of those changes. Also, events may occur that result in disruption or discontinuation of access to the Site, removal of specific Site Contents or corruption of Site Code. Therefore, Vokes Air reserves the right, without liability, to: (1) discontinue provision of access to the Site to any and all users without notice; and (2) remove or modify any Site Content. 9. CHANGES IN SITE OR RIGHTS OWNERSHIP You agree that these SATS and Vokes Air's interests, rights, and obligations hereunder, can be transferred by Vokes Air to a subsequent owner of an interest in this Site. 10. PRIVACY TERMS AND ACCESS FROM OUTSIDE THE UNITED STATES We appreciate that you have visited our Site. Our privacy terms are meant to ensure that the Site can operate efficiently and be used as a tool to provide services. Sites that link to, or are linked from, this Site may have different privacy terms. As with many other web sites, when you visit this Site, our web server or system may automatically recognize and store information. Examples of such information might include identification of the type of internet browser used, the type of operating system your computer has, the name of the internet service provider, the user's "click path," the advertisement or link used to gain access to the Site, and the exit link or path from the Site. This type of non-personal information helps us to evaluate the features of our Site and to determine the best ways to provide our services. At times, we will share such information with our affiliates or parties that are helping with our Site or working with us. If you provide personal information, such as a name and address, we may use that information to communicate with you, or our affiliates, or parties working with us, may use the information to communicate with you. If any personal information is incorrect or objectionable, please contact the Vokes Air agent identified in Section 11 of these SATS. When you visit the Site, we may use the widely-used technology called "cookies." Cookies are bits of data sent to your browser so that we can enhance or tailor your use of the Site. Most internet browsers will allow you to erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning that a cookie is stored. Please note, however, that if you block cookies, some portions of the Site may not function properly. Your computer user's manual or help screen may contain more information on how to eliminate or control the use or storage of cookies. By providing personal information to our Site, all users, including, but not limited to, users in the European Union, fully understand and consent to the collection and processing of such information in the United States of America. This Site is operated from a location in the State of North Carolina, United States of America. Vokes Air makes no representation that the Site, the Site Contents, links, or the Site Code are appropriate for use in countries other than the United States. 11. COMMUNICATIONS REGARDING COPYRIGHT AND OTHER MATTERS If you believe that any Site Code, or Contents in a linked site or in this Site, including but not limited to content provided by third parties via Visitor Features, infringes a copyright or other proprietary right, please forward the following information to our Copyright Agent at the address specified below:
Our Copyright Agent and recipient for other communications regarding the Site is: Tom Winsper, Webmaster, Vokes Air, Farrington Road, Burnley, Lancashire, BB11 5SY, United Kingdom, Email: tom.winsper@vokesair.com 12. JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY AND MERGER These SATS, and all disputes arising from or related to them, their interpretation, or their subject matters (including but not limited to Site Contents) shall be governed by, resolved and remedied in accordance with the laws of the State of Florida, USA (without resort to conflict of law principles) as it applies to agreements entered into and to be performed entirely within such State and to acts or omissions occurring wholly within the State. Any claims arising from or related to the SATS or their subject matters shall be brought and resolved only in the appropriate State or Federal Courts located in Florida, and you expressly consent to the jurisdiction and exclusive venue of said courts. However, Vokes Air, at its sole discretion, can also institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of the American Arbitration Association, said arbitration to: (1) apply the choice of law specified above; and (2) take place in Ocala, Florida. If otherwise applicable hereto, the Uniform Computer Information Transactions Act (as adopted by any State) and the United Nations Convention for the International Sale of Goods are hereby agreed not to be applicable to these SATS and their subject matters. In addition, all disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of Florida law, jurisdiction and forums for dispute resolution. You agree and represent that you have carefully considered the SATS and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of Vokes Air. If any provision(s) of the SATS are deemed unenforceable in a determination by a body with proper jurisdiction, the Parties agree (without waiving rights of appeal) that the unenforceable provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (2) if option (1), above, cannot be implemented, the unenforceable provision(s) shall be excised from the SATS and the Parties shall negotiate in good faith with respect to their modification. If the Parties cannot agree to a modification, the SATS shall be enforced, without the unenforceable provision, in a fair manner and without undue prejudice to either Party. These SATs comprise the entire agreement between the Parties relating to the matters contained herein and shall not be modified except in writing supplied by Vokes Air.
13. COOKIES This site uses cookies to store information on your computer. Some of these cookies are essential to make our site work and have already been set. Others help us to improve by giving us some insight into how the site is being used or help to improve the experience of using our site but will only be set if you consent. Law A new law on cookies demands that you, as a website user, are given the opportunity to understand how cookies are used on our websites and consent to cookies being stored on your computer (laptop/mobile/tablet).
What are cookies?
A cookie is a small text file, typically of letters and numbers, downloaded to your computer when you access websites. Typically, they contain the following information: a site name and unique user ID, the duration of the cookie's abilities and effects, and a random number. As a rule, cookies cannot be used to reveal your identity or personally identifying information.
When you visit a website that uses cookies for the first time, a cookie is downloaded onto your computer. The next time you visit that website, your computer checks to see if it has a cookie that is relevant and sends the information contained in that cookie back to the website. The website then notes that you have been there before, and in some cases, tailors what pops up on screen to take account of that fact. They also might record how long you spend on each page on a site, what links you click, even your preferences for page layouts and colour schemes.
Generally, the role of cookies is beneficial, making your interaction with frequently-visited sites smoother with no extra effort on your part. Without cookies, online shopping would be much harder. Without cookies, some websites will become less interactive with the cookie option turned off.
Most common cookies
Session cookies These cookies expire when you close your web browser (Internet Explorer, Firefox, Safari, Google Chrome). These cookies are used for various reasons, for example, remembering what you have put in your shopping basket as you browse a website. They can also be used for security to access your Internet banking or email.
Persistent cookies These cookies are still stored on your computer after you have closed your web browser which allows your preferences on websites to be remembered. These cookies are used for a variety of purposes, for example, remembering your preferences on a website (your language choice or your user name on a particular website).
First and Third Party cookies This refers to the website placing the cookie. First party cookies are cookies set by the website you are visiting. Third party cookies are set by another website; the website you are visiting may have advertising on the page and this other website will be able to set a cookie on your computer. Third party cookies on the main web browsers allow third party cookies by default. Changing the settings on your browsers can prevent this.
Exceptions There are some exemptions to the above where it is essential for a website to store information on your computer, for example, to provide a service to you that you have requested.
Our use of cookies
We use cookies to improve your experience on our websites and for functionality purposes. We also use cookies to understand your usage of our website; Further information can be found at: http://www.ico.gov.uk/for_organisations/privacy_and_electronic_communications/the_guide/cookies.aspx and http://www.allaboutcookies.org/.
