terms of use

LEGAL TERMS OF WEBSITE USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

Welcome to the Danner Manufacturing website.  The Materials on the Danner Website (the “Site”) is provided by Danner as a service to its customers and bay be used for informational purposes only.  All uses of the Materials or the Site are subject to the terms and conditions of this legal notice (the “Terms”).  These terms of Use constitute the contractual agreement between you and Danner regarding your use of our website and any activities or transactions you may conduct on our site.  By viewing the Site or downloading any Materials from the Site, you agree to these Terms.  If you do not agree to the Terms, do not view the Site, download any Materials from them or place an order for merchandise.

1. LICENSE.  You may browse the Site for personal entertainment and information.  You may not distribute, modify, transmit or revise the contents of the Site without the written permission of Danner.

Subject to these terms of use for the Site, Danner hereby grants you (and you accept) a non-exclusive, non-transferable license to access and use the site solely for the purposes intended by Danner.  All rights not expressly granted to you are hereby reserved by Danner or any respective third-party owner of such rights.  Danner shall have the right to assert and enforce the provisions of this section directly on its own behalf.

2. PROTECTED INFORMATION.   The materials at the Site are copyrighted and protected by trademark and other intellectual property laws.  Any unauthorized use may violate copyright, trademark, and other laws.  No title nor intellectual property rights are transferred to you or any third party using or access to the Site.  All rights, title, and interest in and to all aspects of the Site remain the sole property of Danner or its authorized third-party suppliers and service providers.  You may download one copy of the text, graphics, sounds, files, software or other information found on the Site (the “Materials”) on a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Danner in writing or as allowed by any license terms that accompany or are provided with the individual materials.  Under the Terms, you are granted a limited license, not a transfer of title, and your license is subject to the following restrictions:  you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the materials; (d) transfer the Materials to another person.
    
3. NO WARRANTY.  THE MATERIALS AND THE SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELECTUAL PROPERTY, FITNESS FOR ANY PURPOSE, AVAILABILITY, SECURITY, TITLE, ANY WARRANTY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND THAT ADEQUATE SUPPORT FOR THE SITE WILL BE PROVIDED.  Danner and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials.  Danner may make changes to the Materials and the Site at any time without notice.  Danner makes no commitment to update the materials or the Site.  Neither Danner nor its third-party suppliers or service providers warrant that the Site or associated server computers are free of viruses or harmful components.  You solely (and not Danner) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Site.  YOU are solely responsible for providing, maintaining and troubleshooting any internet connection required to use the site.  Further, you agree that Danner is not responsible in any way for your inability to use the Site due to problems attributable to such connection.

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.

4. DISCLAIMER.  IN NO EVENT SHALL DANNER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF DANNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FOREGOING, THE TOTAL AMOUNT OF OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR USE OF THE SITE.  BECAUSE SOME JURUSDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILTY FOR CONSEQUENCTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    
5. USER SUBMISSIONS 

1. Except as otherwise expressly specified in our Privacy Statement, on our website pages or in these Terms, any information, communications or materials that you post or transmit to the Site (“Communications”) are, and will be treated as, non-confidential and non-proprietary, and shall forever be the exclusive property of Danner.  By transmitting or posting any Communications on the Site, you grant to Danner or its designees a perpetual, royalty-free, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained herein.  Danner and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
    
2. You may not post or transmit any unlawful, threatening, libelous defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law or regulation.

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:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed:
2. Identification of the copyrighted work claimed to have been infringed:
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

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.

12. General

1. Danner maintains offices within the United States of America from which it may administer the Sites.  Danner makes no representation that materials in the Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.  Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws.  You may not use or export the materials in violation of U.S. export laws and regulations.  Particularly, the Sites may not be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or United States Commerce Department’s Table of Deny Orders.  By downloading or using the site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such county or on any such list.  You agree that any claim relating to the materials shall be governed by the substantive laws of the State of New York, and you agree to personal jurisdiction therein.
2. Danner may revise these Terms at any time by updating this posting.  You should visit this page from time to time to review the then-current Terms because they are binding on you.  Any revisions will be found in this document.  Continued use of the Sites following any change constitutes acceptance of any and all posted changes.
3. You may terminate your access to the Site at any time.  Danner may suspend or discontinue providing the Materials to you with or without cause and without notice.  Danner may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
4. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Sites by Danner.  Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Sites; or 3) on the date received, if delivered in any other manner.  Notices to you may be sent to any of the addresses provided by you on any form on the Sites.  Except as expressly directed otherwise by Danner herein or elsewhere in the Sites, notices to Danner should be sent to:  Danner Manufacturing Inc. 160 Oval Drive, Islandia, NY 11749 USA
5. The failure of Danner to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it a t a later time.
6. You may not assign your rights or delegate your duties under these Terms.
7. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof are superseded and canceled in their entirety.
8. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Sites will in any event remain valid and enforceable.