Terms of use / Disclaimer

Posted on 18. December 2009

The access and use of this website (hereinafter referred to as the "Site") is subject to the following terms and conditions. By accessing and using the Site you acknowledge to understand and accept the terms as provided below and to be bound by them. If you do not agree to all the terms and conditions as set out below, you are not allowed to access or use the Site.

Please read this disclaimer carefully before you proceed.

1. Access Restrictions

1.1. The products and services as offered and described on this Site are not directed at or intended for distribution to any person or entity who is a citizen or resident of or located or established in any jurisdiction where the use of the Site would be contrary to applicable law or regulation or would subject Anpaco AG, located in Switzerland (hereinfater referred to as "Anpaco") or any of its business partners to any registration or licensing requirement in such jurisdiction.

1.2. With accessing and using the Site you are especially certifying to which the SECO (State Secretariat for Economic Affairs, http://www.seco.admin.ch) has decided to impose sanctions against.

1.3. There is no obligation from Anpaco to continue with the Site. You acknowledge that Anpaco may at any time suspend or terminate your access to the Site at its own discretion.

2. Change of the Terms of use

You acknowledge that Anpaco may change the Terms of use as posted here from time to time. If you continue to access and use the Site, you are required to regularly check the Terms of use on the website. The date at the beginning shows you the latest change of the Terms of use. Thus, if you access and use the Site, you are bound by the latest version of the Terms of Use.

3. Intellectual Property; Trademarks

3.1. All information, materials and services contained in the Site are protected by copyrights, trademarks, and further intellectual property and proprietary rights. With accessing and using the Site, you agree to not copy, republish, download, transmit, adapt or otherwise distribute the content of the Site or portions thereof, except as expressly authorized herein.

3.2. All Trademarks, logos and other pictures are property of Anpaco or other third parties. You are not permitted to use them without prior written consent of Anpaco or third parties.

4. Links to third parties

The Site may contain different links which lead you to third party websites. You acknowledge that these links are intended as a convenience only and do not imply that Anpaco has any control of the linked websites. Therefore, Anpaco does not assume any responsability for the content of third party websites and you agree that you access them at your own risk.

5. No Liability of Anpaco

5.1. THE ACCESS AND USE OF THE WEBSITE OR THE DOWNLOAD OF SOFTWARE IS DONE AT YOUR OWN RISK. ANPACO DOES GUARANTEE THAT THE SITE AND ITS CONTENT OR SOFTWARE WILL BE - AMONGST OTHERS - SECURE, ACCURATE, REILABLE OR ERROR-FREE.

5.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANCO AND ITS SUPPLIERS PROVIDE THE WEBSITE and ALL SOFTWARE PRODUCTS AND SUPPORT SERVICES AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

5.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANPACO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE OR SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS TERMS, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ANPACO OR ANY SUPPLIER, AND EVEN IF ANPACO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.4. NOTWITHSTANDING ANY DAMAGES THAT THE CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ANPACO AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND THE CUSTOMER'S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY ANPACO WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE SOFTWARE PRODUCT OR SWISS FRANCS CHF 1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

6. Applicable Law and Venue

This Terms of use are exclusively governed by the laws of Switzerland (excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG)), unless expressly prohibited by local law. The exclusive venue for any disputes arising out of the relationship between Anpaco and Customer is the competent Court in Zurich/Switzerland.