Terms and Conditions of Use
Effective Date: March 20, 2019
Please read these terms and conditions of use carefully before reading this website.
Intellectual Property Rights
This web site, and the information which it contains, including but not limited to all text, graphics, photographs, logos, trademarks, sounds, artwork and computer codes (collectively, “Content”), is the property of Aufbau Holdings Ltd. (“Aufbau Holdings ”) and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States and foreign copyright law, trademark law, international conventions and other intellectual property laws. All of the trademarks, service marks and logos displayed on this web site relating to Aufbau Holdings are either registered or unregistered trademarks or tradenames of Aufbau Holdings and/or its affiliates (collectively, the “Aufbau Holdings Trademarks”). Nothing in these Terms and Conditions of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Aufbau Holdings Trademarks displayed on the web site without our prior written permission in each instance. All goodwill generated from the use of Aufbau Holdings Trademarks will inure to the exclusive benefit of Aufbau Holdings and/or its affiliates, as applicable.
All company and product names of other entities are the property of their respective owners.
Use of Aufbau Holdings’ Web Site and Its Content
The Content contained throughout this web site is provided by Aufbau Holdings for informational purposes only. Although Aufbau Holdings will use reasonable efforts to include accurate and up-to-date Content on this web site, it makes no warranties or representations as to the accuracy, completeness or currency of any Content. In addition, Aufbau Holdings cannot guarantee that the Content of this web site has not been affected by technical malfunctions or unauthorized tampering. The Content of this web site is subject to change without notice. Aufbau Holdings may alter or delete Content from this web site at any time.
Aufbau Holdings may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost or obligation to any person. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
You may download, view, replay, copy and print Content, subject to the following:
1. Content may be used solely for non-commercial, personal informational purposes;
2. any and all copyright, trademark and other proprietary rights notices or identifying information must appear on all copies, including but not limited to the copyright notice at the bottom of the page;
3. the Content may not be modified or altered in any way; and
4. no graphics may be used separate from accompanying text.
Requests for permission to use Content other than described above should be made to charles.williams@AufbauHoldings.com. Any rights not expressly granted herein are reserved. Please be advised that Aufbau Holdings enforces its intellectual property rights to the fullest extent of the law.
Certain product, service, or company designations for companies other than Aufbau Holdings may be mentioned in the web site for identification purposes only. You should contact the appropriate companies for more complete information regarding such designations and their registration status.
Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any Content on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of Aufbau Holdings or such third party that may own the trademark or copyright of material displayed on this web site.
ANY CONTENT POSTED ON OUR WEB SITE RELATED TO MEDICAL CONDITIONS AND THEIR TREATMENT IS GENERAL IN NATURE AND IS INTENDED ONLY FOR EDUCATIONAL AND GENERAL INFORMATION PURPOSES. SHOULD YOU HAVE A MEDICAL CONDITION THAT MAY REQUIRE TREATMENT, OR IF YOU HAVE ANY SPECIFIC MEDICAL QUESTIONS, PROMPTLY SEE YOUR OWN DOCTOR OR HEALTH CARE PROVIDER. NOTHING ON THIS WEB SITE IS SUBSTITUTE FOR PROFESSIONAL MEDICAL CONSULTATION ADVICE. WE DO NOT OFFER MEDICAL DIAGNOSIS OR TREATMENT FROM THIS WEB SITE, AND NONE OF THE CONTENT CONTAINED ON THIS WEB SITE SHOULD BE CONSTRUED AS PROVIDING MEDICAL ADVICE OR SERVICES OF ANY KIND. ONLY YOUR DOCTOR OR OTHER HEALTH CARE PROFESSIONAL CAN DETERMINE IF A PARTICULAR MEDICAL TREATMENT IS APPROPRIATE FOR YOU.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE ABOUT A MEDICAL CONDITION.
THE CONTENT PROVIDED ON THIS WEB SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, AUFBAU HOLDINGS DOES NOT WARRANT THAT: (i) THE CONTENT ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THIS WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT YOUR SOLE RISK.
IT IS THE USER’S RESPONSIBILITY TO ASCERTAIN WHETHER ANY CONTENT DOWNLOADED FROM THIS WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER ITEMS OF A POTENTIALLY DESTRUCTIVE NATURE.
ALTHOUGH THE CONTENT OF THIS WEB SITE IS UPDATED PERIODICALLY, AUFBAU HOLDINGS DOES NOT HAVE A DUTY TO UPDATE ANY SUCH CONTENT, AND AUFBAU HOLDINGS WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH CONTENT. AUFBAU HOLDINGS DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE CONTENT DISCLOSED OR ACCESSED THROUGH THIS WEB SITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY CONTENT CONTAINED IN THIS WEB SITE BEFORE RELYING UPON IT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AUFBAU HOLDINGS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, the “AUFBAU HOLDINGS PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT RESULT FROM ACCESS TO, THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT CONTAINED ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES, EVEN IF AUFBAU HOLDINGS AND/OR THE APPLICABLE AUFBAU HOLDINGS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL LIABILITY OF THE AUFBAU HOLDINGS PARTIES (COLLECTIVELY AND IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AUFBAU HOLDINGS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, CONTENT AND/OR WITH THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE.
Indemnity and Release
You agree to release, indemnify and hold the Aufbau Holdings Parties harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the web site, any User Content, your violation of these Terms and Conditions of Use or your violation of any rights of another party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.