Schaeffler Automotive Aftermarket USA

 
 
 
 
 
 

General Conditions of Use for the Schaeffler Website

1. Scope

1.1
Any use of the web pages (Schaeffler Website) offered by Schaeffler Group USA, Inc. and/or any of its subsidiaries or affiliates ("Schaeffler") shall be subject exclusively to these Conditions of Use. By commencing use, the user (you) accepts the validity of and agrees to be bound by these Conditions of Use in their current version.

1.2
These General Conditions of Use may be supplemented, modified or replaced in individual cases, at any time and without notice, by further conditions, e.g. for the purchase or sale of products and/or services.

2. Contents of the Schaeffler Website

On its Website, Schaeffler has placed non-binding information as well as related information and software for the retrieval and downloading of material, and makes no warranties as to completeness. Schaeffler may at any time in whole or in part block the Schaeffler Website or change the contents without any prior notice. Because of the basis of the nature of the Internet and computer systems Schaeffler accepts no liability in relation to the uninterrupted availability of the Schaeffler Website.

3. Rights of Use

3.1
The use of the information, software and documentation available on the Schaeffler Website shall be subject to these Conditions or in the case of the updating of information, software and documentation shall be subject to the applicable license conditions already agreed with Schaeffler. Specifically-agreed license conditions shall prevail over these Conditions.

3.2
Schaeffler grants to the user a non-exclusive, non-transferable right to use the information, software and documentation available on the Schaeffler Website to the extent to which it is agreed or, in case there is no agreement on this point, in accordance with the availability and transfer from Schaeffler for the intended purpose.

3.3
Software is only available in a machine-readable form at no cost. No right shall exist to the release of any source code. An exception to this shall be source codes from open source software, the license conditions of which have priorities over these Conditions in the transfer of open source software and which require the making available of the source code. In such cases Schaeffler shall make the source code available in return for the reimbursement of expenses.

3.4
Neither information, software nor documentation may be distributed, rented or in any other way made available by the user to third parties at any time. Insofar as no binding legal regulations require to the contrary, the user may not change, reverse develop or reverse engineer the software or its documentation or remove any part therefrom. The user may make a backup copy of the software if such copy is necessary for future use as a backup on the basis of these Conditions of Use.

4. Trademarks and Copyrights (Intellectual Property)

4.1
All trademarks, trade names, service marks and other contents of the Schaeffler Website are the property of Schaeffler or our third party licensors and may not be changed, copied, reproduced, sold, rented, used, supplemented or used in any other way without the prior written permission of Schaeffler.

4.2
Except for the right of use and other rights expressly granted herein, the user shall be granted no further license, rights of any type whatsoever, and in particular those to the company name or to industrial property rights, such as patents, utility models or trademarks, nor shall Schaeffler be subject to any corresponding duty to grant such rights.
Unauthorized use of this intellectual property is expressly prohibited and could be a violation of law.

5. Registration and Use of Protected Pages

5.1
Some pages of the Schaeffler Website are protected by way of a password. Access to these pages is only possible for registered users for reasons of transactional business security. In particular, Schaeffler reserves the right to make Web pages that were previously freely accessible subject to registration. Schaeffler may at any time revoke a user’s right of access by sealing the access data without providing any reasons thereto. Some examples of reasons for revocation include, but are not limited to the following:

  • registrant has provided false details for registration;
  • registrant has breached the Conditions of Use or its duties of care in relation to the treatment of access data;
  • registrant has breached applicable law in accessing or using the Schaeffler Website; or
  • registrant has not used the Schaeffler Website for a long period of time, in Schaeffler sole discretion.

5.2
In the event of registration, the user shall provide accurate and correct details and must notify Schaeffler immediately of any changes. The user shall therefore ensure that it receives any e-mails sent to it at the e-mail address provided.

5.3
After registration the user shall receive a user name and password (user data). At the time of first access the user shall change the password provided by Schaeffler into a password known only to the user. The user data allow the user to access its own data, to change such and, if necessary, to extend or revoke agreements to data processing.

5.4
The user shall ensure that the user data are not available to third parties and shall be liable for all orders and other activities taken under the user data. After each occasion of use of the area protected by password shall be exited. Insofar as the user becomes aware that any third party is misusing user data, the user shall immediately notify Schaeffler of such in writing and, if applicable, in advance by way of simple e-mail. After receipt of such notification Schaeffler shall block the access to the area protected by password with these user data. The lifting of any blocking is only possible after a special application by the user to Schaeffler or after a further registration.

5.5
The user may at any time in writing demand the deletion of any registration insofar as the deletion is not prevented by the processing of current contractual matters. In such case Schaeffler shall erase all user data and all other personal data of the user as soon as such is no longer required.

6. References and Links

The Schaeffler Website may contain references and links (hyperlinks) to the websites of third parties. Schaeffler does not accept any responsibility and makes no representations whatsoever for the contents of such websites nor does Schaeffler make the contents of such websites its own as Schaeffler cannot control any information connected by a link and is not responsible for the content and information contained therein. Any use of linked websites shall be at the risk of the user.

7. Warranties and Disclaimer

7.1
Your use of any website content is at your own risk, as the website content is provided by Schaeffler “AS IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, SCHAEFFLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF MERCHANTABILITY OR WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS AND ASSUMES NO LIABILITY IN CONNECTION WITH THE USE OF THIS WEBSITE, OR ANY WARRANTIES RELATING TO THE CORRECTNESS, COMPLETENESS, OR ACCURACY OF THE CONTENTS OF THIS WEBSITE. SCHAEFFLER MAKES NO WARRANTY RELATING TO THE OPERATION OF THIS WEBSITE.

Insofar as any information, software or documentation is made available at no charge, any liability for defects as to title or defects as to the quality of the information, software and documentation, and in particular for the correctness, defect-free nature, and the non-existence of property rights or copyright of third parties, completeness and/or usability except in cases of willful acts or malice are hereby excluded.

7.2
The information contained on the Schaeffler Website may include specifications or general descriptions of technical possibilities of products which in individual cases (e.g. for reasons of changes in products) may not always be available. The required performance specification of the products should therefore be agreed prior to purchase in each case.

7.4
Schaeffler shall endeavor to keep the Schaeffler Website free from all viruses, however Schaeffler makes no warranty as to a virus-free environment. Before downloading any information, software or documentation the user shall for its own protection as well as to prevent viruses coming onto the Schaeffler Website use suitable security measures and virus scanners.

7.5
You agree that under no circumstances will Schaeffler be liable for any direct, indirect, incidental, consequential, special or punitive damages of any kind whatsoever, whether in contract, tort or warranty relating to your use of or inability to use the Schaeffler website.

8. Obligations of Use

8.1
The user may not in regard to the Schaeffler Website:

  • cause any damage or injury to any persons, in particular juveniles, or violate their right to privacy;
  • act against good morals by its method of use;
  • violate industrial property rights or copyright or other property rights;
  • transmit any contents with viruses or so-called Trojan Horses or other programming which could damage software;
  • provide, store or send hyperlinks or contents to which it is not allowed, in particular if such hyperlinks or contents are a breach of a duty of confidentiality or are unlawful; or
  • distribute advertising or unsolicited e-mails (so-called "spam") or irrelevant warnings as to viruses, or request persons to participate in gambling, chain letters, pyramid systems or any other similar actions.

8.2
Schaeffler may block access to the Schaeffler Website at any time and for any reason, in particular, if the user breaches its duties under these Conditions.

9. Entire Agreement, Place of Jurisdiction, Applicable Law

9.1
These Conditions of Use including any amendments of this clause, constitute the entire agreement between Schaeffler and the user(you) regarding user’s use of this website.

9.2
These General Conditions of Use are governed by the substantive laws of the State of South Carolina, U.S.A. You agree that any dispute, action or claim involving this website shall be brought in the Court of Common Pleas, York County, South Carolina

No waiver of any of these General Conditions shall be deemed a further or continuing waiver of such Conditions.

9.3
The individual pages of the Schaeffler Website are operated by and are the responsibility of Schaeffler and/or its subsidiaries. These pages comply with the requirements of the specific country in which the respective company has its seat. Schaeffler accepts no responsibility that information, software and/or documentation in the Schaeffler Website may be called up or loaded down in places outside of the respective country. If users from countries outside of the respective country use the Schaeffler Website, they are themselves responsible for compliance with the applicable regulations of the respective country.