YOU SPECIFICALLY AGREE THAT DANNER SHALL NOT BE RESPONSIBLE FOR THE CONTENT UPLOADED TO THE SITE BY YOU, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION(S) OR DATEA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSMISSION(S) ENTERED IN THROUGH THE SERVICES, ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTIOUS BEHAVIOR, NEGLIGENCE OR FOR ANY OTHER CAUSE OF ACTION. YOU ALSO AGREE THAT DANNER IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTAL PROPERTY RIGHTS.
Danner respects the intellectual property rights of others. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by any content posted on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Access to the site of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. The Designated Agent for Claimed Infringement shall be DANNER CHIEF FINANCIAL OFFICER, 160 OVAL DRIVE, ISLANDIA, NY 11749. ALL CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE.
6. USER REPRESENTATIONS; INDEMNIFICATIONS.
a. You represent and warrant that: (a) the information you provide to Danner on any forms on the Site is true and accurate; (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Site; (c) you will not use the Site in connection with making Communications or otherwise, to infringe, misappropriate or violate the rights of Danner or third parties; (d) you will only make Communications of information to which you have sufficient rights to grant the license set forth in Section 5., above; € you will not knowingly include in Communications or otherwise introduce to the Site, any viruses or other items of a destructive nature; and (f) you will comply at all timers with these Terms for the Site as they may be amended from time to time by Danner
b. By accessing and/or using the Site under these Terms, you further agree to an authorize all Danner policies under its Privacy Statement, including but not limited to policies regarding disclosure of personally identifiable information.
c. If you are granted access to any protected areas of the Site by a password protected account, you agree to be responsible for maintaining the confidentiality of the password(s) of such account(s), and to be fully responsible for all activities that relate to the use or misuse of your password(s). You agree to notify Danner immediately of any unauthorized use of your password(s)
d. You agree that with respect to any special promotions, coupons offers, sweepstakes, or other like activities offered on the Site, that you will abide by the rules established by Danner for such activities as described on the Site. For coupon offers, you agree to only print the authorized number of coupons as specified by the particular promotion on the Site.
e. You will indemnify and hold harmless Danner against any and all judgements, settlements, penalties, costs and expenses (including attorneys’ fees) paid or incurred in connection with claims due to, resulting from or arising in connection with Communications made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such Communications.
7.USE OF MARKS. Danner only purports to use names, logos or marks appearing in the Site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. Danner does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use or misuse of these trademarks or any other Materials is strictly prohibited. Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of our site (the Contents) are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controller or licensed by Danner or used under principles of “fair use”. The Contents of the Danner site and the Site as a whole are intended solely for your personal use. You may download or copy the Contents and other downloadable materials displayed on our site for such uses, provided that you do not remove any copyright or other proprietary notices contained on the materials. By allowing you to download these materials, we expressly do not transfer to you any right, title, or interest in these materials.
8.TERMINATION OF THIS LICENSE. Danner may terminate this license at any time if you are in breach of these Terms. Upon termination, you will immediately destroy any copies of the Materials in your possession.
9.U.S. GOVERNMENT RESTRICTED RIGHTS. The Materials are provided with “RESTRICTED RIGHTS”. Use duplication or disclosure of the Material by the U.S. Government and parties acting on its behalf is governed by, and subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Use of the Materials by the Government constitutes acknowledgement of Danner’s proprietary rights in them.
10.USE OF PERSONALLY IDENTIFIABLE INFORMATION. When you visit the Danner websites, no personally identifiable information about you is collected unless you specifically provide it to us. All use of personally identifiable information submitted by you to Danner via any forms on the Site is governed by the terms of Danner’s Privacy Statement. Your visit to our website is tracked through a standard web traffic statistics program, which keeps records of traffic on the site, as well as numerical counts of visitors by domain, URL, search engine, keywords used, and other standard web measurements.
11.LINKS TO/FROM OTHER SITES. Third party sites may be linked to or from the Sites. Such linked sites are not under the control of Danner and Danner is not responsible for the content of any linked site or any link contained in a linked site. These links may be provided merely for the convenience of our users. Danner reserves the right to terminate any link or linking program at any time. Danner does not endorse, sanction or verify companies or products to which it links, unless it expressly states otherwise. If you decide to access any of the third-party sites linked to the Sites, you do this entirely at your own risk. Concerns regarding third party site should be directed to the third-party site.
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