Agreement between user and Wilhelm-nyc.com
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Wilhelm’s relationship with you in relation to this website. The term ‘Wilhelm’ or ‘Wilhelm-nyc.com‘, ‘us’ or ‘we’ refers to and is owned and operated by Wilhelm-nyc Inc. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use:
Electronic Communications
Visiting Wilhelm-nyc.com or sending emails to Wilhelm constitutes electronic communications. You consent to recieve electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Wilhelm is not responsible for third party access to your account that results from theft or misappropriation of your account. Wilhelm, and it’s associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit consent in our sole discretion.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Wilhelm-nyc Inc and/or its suppliers may make improvements and/or changes in the site at any time.
Wilhelm-nyc Inc and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Wilhlem-nyc Inc and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties to conditions of merchantablility, fitness for a paticular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Wilhelm-nyc Inc and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services and related graphics obtained through the site, or otherwise arising out of the use of the site, wether based on contract, tort, negligence, strict liability or otherwise, even if Wilhelm-nyc Inc or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damges, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, uyour sole and exclusive remedy is to discontinue using the site.
No Unlawful or Prohibited Use/Intellectual Property
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, text, logos, images as well as the compilation thereof, and any software used on the Site, is the property of Wilhelm or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Wilhelm content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Wilhelm and the copywrite owner. You agree that you do nor aquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property fo Wilhelm or our licensors except as expressly authorized by these Terms.
All trade marks reproduced in this website which are not the property of, or licensed to,
the operator are acknowledged on the website. Unauthorised use of this website
may give rise to a claim for damages and/or be a criminal offence.
Links to Third Party Sites/Third Party Services
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without Wilhelm’s prior written consent.
Termination/Access Restriction
Wilhelm reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jursdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wilhelm as a result of this agreement or use of the Site. Wilhelm’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wilhelm’s right to comply with governmental , court and law enforceable pursuant to applicable laws including, but
not limited to, the warranty disclaimers and liability limitiations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceabe provision that most closely matches the intent fo the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wilhelm with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wilhelm with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
International Users
The Service is controlled, operated and administered by Wilhelm from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Wilhelm Content accessed through Wilhelm-nyc.com in any country or in any manner prohibited by any applicable laws, restrictions or regualtions.
Indemnification
You agree to indemnify, defend and hold harmless Wilhelm, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inablility to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party Wilhelm reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wilhelm in asserting any available defenses.
Changes to Terms
Wilhelm reserves the right, in its sole discretion, to change the Terms under which Wilhelm-nyc.com is offered. The most current version of the Terms will supersede all previous versions. Wilhelm encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Wilhelm welcomes your questions or comments regarding the Terms:
Wilhelm-nyc Inc.
131 Bowery #2
New York, New York 10002
United States
contactus@wilhelm-nyc.com