13. Mar 2023
Last updated: 01. January 2023
You are solely responsible for compliance with any and all laws, rules, regulations that may apply to your use of the website. You may not, and will not assist or enable others to:
You may terminate this agreement at any time by sending us an email, or by simply discontinuing using the service. We have the right to enable and disable your access to or use of the website for the purpose of operating the website, to (i) ensure your compliance with these Terms, or to (ii) comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. If you violate our Terms or otherwise create risk or possible legal exposure for A-tree, we can stop providing all or part of the website to you. We may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately.
The website is provided “as is”, without warranty of any kind, either express or implied. If you choose to use the website, you do so voluntarily and at your sole risk. Without limiting the foregoing, we disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, quiet enjoyment, fitness for a particular purpose and non-infringement. We make no warranty that the website will meet your requirements or be available on a secure, error-free basis or that access thereto will be continuous or uninterrupted. No information or advice, whether written or oral, obtained through the website, or from A-tree will create any warranty not expressly made herein. The foregoing disclaimers apply to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the website, or any other communication or interaction with other Users, remains with you. In no event will A-tree, or any other party involved in creating, producing or delivering the website, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or (ii) the cost of substitute products or services, or for any damages arising out of or in connection with these Terms or from the use of or inability to use the website, from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not A-tree has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. The aforementioned limitations of damages are fundamental elements of the basis of the Agreement between A-tree and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In the event of a breach of material obligations, the fulfillment of which is essential for the proper implementation of the Agreement and on the observance of which the party to the agreement may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the agreement, the occurrence of which must be typically expected. Otherwise, claims for damages are excluded.
You agree, to the maximum extent permitted by applicable law, to indemnify and hold harmless A-tree, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the website, including but not limited to your violation of this Agreement, your breach of these Terms or our Policies, your improper use of the website, your interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or your breach of any laws, regulations or third party rights.
This Agreement constitutes the entire agreement between A-tree and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of A-tree, or by the posting by A-tree of a revised version. These Terms supersede and replace any and all prior oral or written understandings or agreements between A-tree and you regarding the website. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without A-tree's prior written consent. A-tree may assign or transfer these Terms in its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time, in accordance with this provision. If you use the website in any way after any change to the Terms has become effective, please remember that this means that you agree to all of the Terms.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and mobile applications will be governed by the laws of the Federal Republic of Germany and the EU, excluding its conflict of law provisions, and the correct place of jurisdiction for all disputes arising out of or in connection with this is our place of business. The European Commission provides an Online Dispute Resolution platform, which you can find here: www.universalschlichtungsstelle.de. Consumers have the possibility to use this platform to settle their disputes. In order to settle disputes arising from an agreement with a consumer or whether such an agreement exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de. We will participate in dispute resolution proceedings before this office.
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org
Last updated: 13. March 2023
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