Ownership and Intellectual Property
Bosch Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, and trademarks, in the Bosch Website, including Materials, are owned by Bosch or its affiliates or our licensors. Your possession, access, and use of the Bosch Website, including Materials, does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Bosch and its affiliates and licensors reserve all rights not granted in these Terms. You may not use the content of the Bosch Website, including Materials, in any other public or commercial way, nor may you copy or incorporate any of the content of the Bosch Website, including Materials, into any other work, unless written authorization is provided to you by Bosch.
Trademarks. Unless otherwise specified, all trademarks on the Bosch Website, as well as all other Bosch websites, are protected under trademark law. This applies to all Bosch trademarks, service marks, typefaces, company designs, logos, slogans, trade dress and emblems (collectively, “Marks”). You agree not to copy, use or otherwise infringe upon these Marks and design elements. Bosch web sites may also contain other product, service and/or company names which may be the trademarks of their respective owners.
You agree to defend, indemnify and hold Bosch and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Bosch Website, (ii) your violation of these Terms, and (iii) your violation of any law or the rights of any third party. Bosch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bosch and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Bosch’s prior written consent. Bosch will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Warranty Disclaimers and Limitation of Liability.
(a) Disclaimers of Warranties.
BOSCH WEBSITE, INCLUDING ALL MATERIALS AND SERVICES, ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND BOSCH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO MATTERS COVERED UNDER THIS CONTRACT, INCLUDING WITH RESPECT TO BOSCH WEBSITE.
(b) Limitations on Liability.
IN NO EVENT WILL BOSCH BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES, OR ANY LOSSES IN CONNECTION WITH (i) LOST CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA); (ii) LOST PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS; (iii) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION; (iv) any personal or BODILY injury, death, property damage; (v) ANY interruption, DELAY, FAILURE, DISRUPTION, downtime, LIMITED ACCESS TO, UNAVAILABILITY, UNRELIABILITY OR NON-PERFORMANCE OF BOSCH WEBSITE; OR (vi) ANY third party PRODUCTS AND SERVICES.
BOSCH’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE BOSCH WEBSITE, MATERIALS AND SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO US $1000.00.
Copyright Claims and Designated Agent.
It is the policy of Bosch to respond to claims of intellectual property infringement. Bosch will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512c2 DMCA and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider‘s Designated Agent. Notification must be submitted to the following Designated Agent for the Bosch Website: Digital Manager (PT/GDU3-NA)
1800 West Central Rd.
Mt. Prospect, IL 60056
To be effective, the notification must be written communication that includes the following: 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, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
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, its agent or the law;
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 infringed.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Designated Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of any federal court in Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Bosch may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or you, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bosch's sole discretion.
Governing Law and Exclusive Venue.
These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of laws provisions.
You and Bosch agree to submit all disputes between you and Bosch arising out of or relating to the Bosch Website, these Terms or the Privacy Statement or the alleged breach or interpretation thereof, to binding arbitration, provided that the foregoing shall not prevent Bosch from seeking injunctive relief in a court of competent jurisdiction. Within thirty (30) days after either party has notified the other in writing that it is submitting a dispute to arbitration, three (3) arbitrators shall be chosen under the then current Rules of the American Arbitration Association (“AAA”) pertaining to commercial disputes (“Rules of the AAA”). The arbitration will be held in Cook County, Illinois, and will be conducted according to the Rules of the AAA. The arbitration agreement shall be governed by the laws of the State of Illinois, without regard to its conflicts of law provisions. The arbitration award shall be by a written decision containing findings of fact and conclusions of law shall be final and binding and may be enforced by any court of competent jurisdiction. The party prevailing in the arbitration or other legal proceedings is entitled to recover its litigation costs, including reasonable attorney's fees. In no case shall the arbitrator be authorized to award costs and damages otherwise prohibited herein.
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Bosch without restriction. Any attempted assignment by you will be null and void.
Any delay in the availability of the Bosch Website or non-performance of the Bosch Website shall not be deemed a breach of these Terms if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers, labor strike or walk-out, act of God, or any other event beyond the reasonable control of Bosch or its service providers.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at 1-877-267-2499 or email us atBoschtools.firstname.lastname@example.org © Copyright 2018 Robert Bosch Tool Corporation All Rights Reserved.