Terms Of Service

JAHLZEIT.com - Advanced Online Community Service

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE

Welcome to the JAHLZEIT.com website provided to you by Geissler & Schwaninger OEG.
By using the Service, you agree to be bound by the following terms and conditions of use of the Service, and any changes or modifications made and published online by Geissler & Schwaninger OEG from time to time without notice to you (herein collectively referred to as the "Terms of Service"). Please read them carefully.

THESE TERMS OF SERVICE GIVE THE MEMBERS CERTAIN RIGHTS AND RESPONSIBILITIES. SHOULD ANY MEMBER DISAGREE TO BE BOUND BY THESE TERMS, THEY MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICE. BY COMPLETING THE REGISTRATION PROCESS/FORM, AND CLICKING ON THE "I HAVE READ AND AGREE WITH THE TERMS OF SERVICE" CHECKBOX, EACH MEMBER AGREES TO BE BOUND BY THESE TERMS OF SERVICE, ALONG WITH ANY CHANGES TO THE TERMS OF SERVICE SUBSEQUENTLY MADE BY JAHLZEIT, AND AGREES TO REGULARLY REVIEW THESE TERMS OF SERVICE TO ENSURE THAT THEY ARE INFORMED OF ANY MODIFICATIONS AND ADHERE TO ANY SUCH MODIFICATIONS. YOU FURTHER AGREE THAT THESE TERMS OF SERVICE FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND GEISSLER & SCHWANINGER OEG, AND THAT THIS AGREEMENT CONSTITUTES "A WRITING SIGNED BY YOU" UNDER ANY APPLICABLE LAW OR REGULATION. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY US.

2. DESCRIPTION OF SERVICE

The Service provided to you includes the communication, promotion and exchange of information and ideas among users of the Service (herein called "Members") in respect of information, data, text, files, photographs, graphics, software, sound, hyperlinks, or other materials submitted to the Service (herein collectively referred to as "Content") and provides Members the capability of creating and/or managing an online community (herein called a "community") and/or participating in one or more communities. Any and all changes made to the Service, including without limitation the addition of new features to the Service shall be subject to the Terms of Service.
The Service contemplates several basic categories of Members, each of which has certain rights and responsibilities: founder, administrator, content moderator, and member. Within a community, there can only be one member with founder status (a "Founder"). The initial Founder of a community is the Member who created the community. Founder status may be transferred at anytime to another Member of the community by the initial Founder or any subsequent Founder. A Founder has certain privileges, including the ability to add, edit or delete any Content within the community, to modify or cancel the access privileges of any Member of the community, to change the name or description of the community, to change the choice of graphics and colours used for identifying the community, and to delete the community in its entirety. Any Member who joins a community may be appointed an administrator of a community (an "Administrator") by the Founder or another Administrator. Administrators may be capable of adding, editing or deleting any Content within the community and of modifying or cancelling access restrictions of any Member of the community. A content moderator (a "Content Moderator") is a Member appointed by a Founder or an Administrator. A Content Moderator may have the ability to add, edit or delete any Content within the community.

Finally, a Member who is not otherwise a Founder, Administrator or Content Moderator, may submit Content to a community but may only edit or delete Content furnished by that specific Member. Within a community, Founders, Administrators and Content Moderators (collectively referred to as "Content Regulators") are responsible for ensuring that Members comply with the Terms of Service, and take necessary action to remove Content that does not comply with the Terms of Service. Subject to the Terms of Service, Content Regulators make their own decisions about the subject matter of a community and membership guidelines for a community, provided that Content Regulators shall ensure that the community is not only a safe place for Members to organize and communicate but also that all Members of the community comply with the Terms of Service.
Founders or Administrators of a community have the discretion to remove users from the community from time to time and at any time. You acknowledge and agree that JAHLZEIT has no responsibility for the assessment of or for resolving any disputes arising from your ability to join or remain a Member of any community or otherwise use the Service.
In order to use the Service, you must obtain access to the World Wide Web and provide all equipment necessary to make such connection to the Web including a computer, modem or other access device. Members may only access the Service through the interface provided by JAHLZEIT, generally accessible worldwide. However, access may not be available to all Members in all locations and we reserve the right to limit access to the Service by any Member. We offer email support for all Members. While limited free support is provided, you acknowledge and understand that JAHLZEIT is not required to provide any free assistance, including any technical or customer support, in connection with the Service and that your use of the Service is entirely at your own risk.

3. USER REGISTRATION, PASSWORD AND SECURITY

In order to use the Service, you are required to complete a registration form containing personal information, including your first and last name, your e-mail address, a user name and a password, as well as a community name (in the event you create communities). If you decide to purchase the Services of Geissler & Schwaninger OEG, you will also be required to provide billing, credit card and payment information, as well as agree to pay any and all applicable fees. You agree to provide true, accurate, current and complete information about yourself (including your email address which will be used by Geissler & Schwaninger OEG as the primary method of communication to the Member), as submitted in any registration form on the Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your Member profile, as required. If any information provided is not true, accurate, current or complete, or Geissler & Schwaninger OEG has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then Geissler & Schwaninger OEG shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you. All amounts paid in advance to Geissler & Schwaninger OEG are non-refundable.
You acknowledge that Geissler & Schwaninger OEG reserves the right to refuse to grant you a user or community name: (a) that is already in use, (b) that may be illegal, (c) that may be protected by trade-mark or other proprietary interest, (d) that is determined by Geissler & Schwaninger OEG, in its sole discretion, to be obscene or profane, (e) that was registered to avoid purchasing incremental storage space or activity, (f) that was registered without the intent to use, (g) that was registered with the intent of impersonating another party, (h) that was registered for the purpose of creating communities to avoid subscription fees, (i) that is otherwise determined by Geissler & Schwaninger OEG, in its sole discretion, to be inappropriate,. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify Geissler & Schwaninger OEG immediately if you believe that the security of your password has been compromised. You acknowledge that Geissler & Schwaninger OEG does not protect any Member from the unauthorized use of his/her/its password and Geissler & Schwaninger OEG shall not be held liable for any loss that a Member may incur as a result of someone else using their password or account, either with or without their knowledge. ?? You agree to be responsible for the admission of any Members to your community, as well as their individual privileges. The Member will notify Geissler & Schwaninger OEG immediately of any known or suspected unauthorized use, activities or disclosure of the Service, or any other breach of security. Geissler & Schwaninger OEG will not be liable for any failure by any Member to comply with this section 3.

4. MEMBER CONDUCT

Content available on the Service is provided by Members of the Service who are independent of Geissler & Schwaninger OEG. Accordingly, you acknowledge that all Content whether publicly posted or privately transmitted is the sole responsibility of the person from whom such Content originated. Since Geissler & Schwaninger OEG does not control the Content, you understand that it does not guarantee the accuracy, integrity or quality of such Content. You further understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You represent, warrant , covenant and agree that you will not:

1. use the Service for illegal purposes;
   
2. upload, post, publish, transmit, reproduce to a community any (i) Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) Content that violates or infringes in any way upon the rights of others, including Content which is inaccurate, false, hateful, threatening, abusive, offensive, harassing, unlawful, defamatory, libelous, tortuous, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane, or is racially, ethnically or is otherwise objectionable; (iii) Content that is pornographic, sexually explicit or contains nudity; (iv) Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) unauthorized or unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other solicitation to other Members except in those areas of the Service that may be designated for such purposes; (vi) Content which contains software, software viruses, including Trojan horses, bots, worms or other harmful or destructive components or features designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (vii) Content that consists of links to other websites that contain Content not in compliance with the Terms of Service; or (viii) Content that you know, or reasonably should know, cannot be legally distributed in such manner;
   
3. engage in conduct which in Geissler & Schwaninger OEG sole discretion restricts or inhibits any other user from using or enjoying the Service;
   
4. create a false identity for the purpose of misleading others, impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
   
5. harm minors in any way;
   
6. forge or otherwise manipulate uniform resource locators or other identifiers to disguise the origin of any Content transmitted through the Service, to acquire unauthorized access to restricted areas of the Service, or for any other purposes;
   
7. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
   
8. use meta tag searches or any automated queries of any sort on the Service;
   
9. disrupt the normal flow of dialogue, cause a screen to scroll faster than the other users of the Service are able to type or otherwise act in a manner that adversely affects the ability of other users to engage in real-time exchanges;
   
10. violate any applicable local, provincial, state, national, or international law or any regulations having the force of law;
    
11. collect or store personal data about other Members;
    
12. stalk or otherwise harass another Member; or
    
13. promote or provide instructions, information or advice about illegal activities, promoting physical harm or personal injury against any individual or group.
    

Should you be found to be in violation of any of paragraph 4 herein, your membership may be terminated immediately, without notice to you, in accordance with paragraph 12 herein.

Geissler & Schwaninger OEG does not review, screen or edit Content posted on any community. Content Regulators have the obligation to monitor, edit or remove any Content transmitted or received through the Service to their community if the Content violates the Terms of Service or if the Content Regulators otherwise deem the Content, in their sole discretion, objectionable. Notwithstanding the rights or obligations of Content Regulators, Geissler & Schwaninger OEG reserve the right (but is under no obligation) to monitor, edit or remove any Content transmitted or received through the Service if the Content violates the Terms of Service, or if Geissler & Schwaninger OEG otherwise deems the Content objectionable. Furthermore, Geissler & Schwaninger OEG (where the ability to do so exists) reserves the right (but is under no obligation) to (i) remove any community from any directory, (ii) change the configuration of any community, (iii) prohibit certain configurations of a community, and (iv) suspend, block, delete or otherwise restrict access to any community. You acknowledge and agree that Geissler & Schwaninger OEG may preserve Content or disclose the Content, if required by law to do so or if it believes in good faith that the preservation or disclosure is reasonably necessary to (i) comply with local process, (ii) enforce the Terms of Service, (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of Geissler & Schwaninger OEG, users of the Service and members of the public.

5. USE OF PERSONAL INFORMATION AND PRIVACY

You acknowledge that if you register with JAHLZEIT.com, Geissler & Schwaninger OEG may disclose to third parties certain information from registration or other related data regarding the Members in an aggregated form, provided such information will not provide personal identifying information about you except if authorized by you or if Geissler & Schwaninger OEG believes, in good faith, that disclosure is reasonably necessary to comply with the law, legal process, to enforce the Terms of Service or to protect itself, the Members or others. In addition, due to the nature of the Internet and other factors, privacy in your communications cannot be assured and this should always be considered when deciding to transmit confidential or other information through the Service.

6. CONTENT SUBMITTED TO JAHLZEIT.com

Content available on the Service is provided by Members of the Service who are independent of Geissler & Schwaninger OEG. Accordingly, Geissler & Schwaninger OEG does not claim ownership of the Content you place on any community. Except as may otherwise be provided in a separate written agreement between you and Geissler & Schwaninger OEG, by submitting Content to Geissler & Schwaninger OEG for inclusion on a community, you grant Geissler & Schwaninger OEG the royalty-free, world-wide and non-exclusive licence to display, distribute, sublicense, reproduce, modify, adapt and publish your Content solely for the purpose of displaying, distributing and promoting your community on the Service. You also grant Geissler & Schwaninger OEG the right to authorize the downloading and/or printing in whole or in part of any Content that you have submitted to the Service, by other Members for their personal/non-commercial use.

7. ADVERTISING ON THE SERVICE

In consideration of your use of the Service, you acknowledge and agree that Geissler & Schwaninger OEG may arrange for the placement of advertising messages, banners, images, text or other communications (collectively referred to as "Advertising") throughout the Service, unless provided otherwise in a separate written agreement between you and Geissler & Schwaninger OEG. You agree that you will not make any attempt to remove, alter, inhibit or obstruct the transmission or display of any such Advertising, to alter the location of its display in any manner or to engage in any act that may result in diminishing the value of such Advertising on the Service. Your communication or business dealings with, or participation in promotions of, advertisers found on or through the Service, including the payment and delivery of related goods and services, and any other terms, conditions, warranties or representations in connection with such dealings are solely between you and the advertiser and you agree that Geissler & Schwaninger OEG shall not be liable or in any way responsible for any loss or damage of any sort through such dealings or arising from advertisers on the Service.

8. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Geissler & Schwaninger OEG and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Service or your violation of any rights of another Member. Geissler & Schwaninger OEG reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

9. NO RESALE OF SERVICE

You agree not to resell, reproduce, sell or exploit, for any commercial purposes, the Service or any portion thereof or use of or access to the Service without the prior written consent of Geissler & Schwaninger OEG. Notwithstanding the foregoing and except as otherwise provided in a separate agreement between you and Geissler & Schwaninger OEG, you are permitted to resell or exploit portions of the Service for revenues or benefits, provided that such revenues or benefits shall not exceed amounts actually paid to Geissler & Schwaninger OEG by you for the Service and providing that you communicate to all third-parties that the reselling or exploitation of the Services is provided by you and not by Geissler & Schwaninger OEG. Should you enter into any third-party relationships as a result of reselling this Service, you acknowledge and agree that such third-party relationships are strictly between you and said third-party and that Geissler & Schwaninger OEG shall not be held liable for any dealings you may have with any such third parties. You also agree that any fees payable to Geissler & Schwaninger OEG for use of the Service are payable regardless of any amounts due from any third-party relationships you may have and under no circumstance will Geissler & Schwaninger OEG he held liable for any non-payment of any fees charged by you to any User.

10. STORAGE, RESOURCES AND BACKUP

You acknowledge and agree that Geissler & Schwaninger OEG shall not be responsible for the deletion, miscommunication or the failure to store any Content on the Service. Geissler & Schwaninger OEG may establish limitations on the amount of memory, disk space, activity, bandwidth or any other resource available for each community on the Service.
Geissler & Schwaninger OEG performs regular backups of all Content and stores it for a limited time. Subject to Sections 3 and 12 hereof, Geissler & Schwaninger OEG will make reasonable efforts to restore the Content of a given community upon payment of the fee for such service. Geissler & Schwaninger OEG shall not be liable for any failure to backup or restore such Content, nor shall it be liable for any for interruptions, delays, unavailability, or suspensions of access to the Service, for whatever reason and however caused.

11. MODIFICATIONS TO SERVICE

Geissler & Schwaninger OEG reserve the right from time to time, and at any time, to modify, suspend or discontinue the Service (or any part thereof) with or without notice to you and you agree that Geissler & Schwaninger OEG shall not be liable to you or to any third party as a result of any modification, suspension or discontinuance of the Service.

12. TERMINATION

Except as otherwise provided in a separate written agreement between you and Geissler & Schwaninger OEG you agree that Geissler & Schwaninger OEG may, in its absolute and sole discretion, terminate your account, all or any part of any one or more of your communities and your access to and use of the Service, and may remove and discard any Content on any of your communities at any time for any reason, including, without limiting the generality of the foregoing: (a) a determination by Geissler & Schwaninger OEG that you have violated or are threatening to violate the Terms of Service or any other published policy of Geissler & Schwaninger OEG or its Third Party Providers, (b) a determination by Geissler & Schwaninger OEG that you have accessed or are attempting to access any part of the Service without authorization, or (c) the discontinuance by Geissler & Schwaninger OEG of the Service, or any part thereof, for any reason whatsoever. You also acknowledge that Geissler & Schwaninger OEG may in its sole discretion, terminate your membership if your user name, email address or any of the information you have entered as part of your membership record is offensive or inaccurate. You further acknowledge and agree that Geissler & Schwaninger OEG reserves the right to delete any community or terminate accounts that are unpaid and/or inactive for a period greater than 30 days, unless provided otherwise in a separate written agreement between you and Geissler & Schwaninger OEG. You acknowledge and agree that any actions taken by Geissler & Schwaninger OEG under this paragraph may be effective without prior notice to you and you further acknowledge and agree that Geissler & Schwaninger OEG may immediately delete your community and bar you from any further access to the Service. Further, you acknowledge and agree that Geissler & Schwaninger OEG shall not be liable to you or to any third party for any actions taken by Geissler & Schwaninger OEG under this paragraph, including without limitation, the termination of your access to the Service. A termination, pursuant to the Terms of Service, may be made without notice and will be effective immediately. Upon termination: (i) Geissler & Schwaninger OEG may remove the Member community(ies) from its servers and destroy all Member Content; and (ii) where applicable, any and all remaining fees payable for the Service will become due and payable immediately by Member. In no event will any fees or amounts paid in advance for any Service become refundable upon termination of the Service in accordance with the terms of the Terms of Service. Where a Member's access to the Service is terminated pursuant to the Terms of Service, such Member shall be prohibited from re-registering for, or continuing to use, the Service in any manner and/or for any reason whatsoever

13. FEES, CANCELLATIONS, SPECIAL OFFERS AND PROMOTIONS

The Service is provided on a subscription basis for your personal and non-commercial use. To enjoy full access to the Service, a Member must pay a subscription fee (the "Subscription Fee"), which entitles the Member to use the Service, subject to the Terms of Service. Various levels of memberships exist including, but not limited to, trial memberships, individual memberships to the entire Service, and community memberships to open communities paid for by other Members. While not all memberships involve fees, those that do require payment immediately. Should Subscription Fees not be paid when due, Geissler & Schwaninger OEG may, in its sole discretion, discontinue the Service, or remove content from the Service, until all outstanding amounts are paid in full. Members subscribing to the Service are billed as of the day the subscription is purchased. Subscription fees will be assessed in accordance with the published prices of Geissler & Schwaninger OEG at the time of subscription. Subscription Fees are billable to and payable by the Member subscribing to that membership. Cancellation of any subscription can only be done by Geissler & Schwaninger OEG or the original subscribing Member. For billing purposes, cancellation of any subscription will take effect as of the last day to which the Member has prepaid the Subscription Fees (if applicable), or, where a Member has not prepaid any Subscription fees, cancellation will take effect as of the day the cancellation request is received by Geissler & Schwaninger OEG. Upon receipt of a valid cancellation request, Geissler & Schwaninger OEG may deactivate the subscription at any time. All amounts paid in advance to Geissler & Schwaninger OEG are non-refundable. From time to time, Geissler & Schwaninger OEG may, in its sole discretion, make special offers and promotions, such as reduced fees, discounts, incentives or other benefits ("Promotions") without creating any obligation on the part of Geissler & Schwaninger OEG other than as explicitly set forth in such Promotions, including, without limitation, any obligation to continue to offer such Promotions on a ongoing basis. Notwithstanding paragraph 9 hereof, you understand and agree that any dealing between you and any User(s) offering resold or exploited Services, is strictly between you and said User(s). Geissler & Schwaninger OEG has no involvement in any such dealings and will not be held liable in any respect of such dealings, including any and all fees that may have been paid by you to said User(s). You also agree, as defined in paragraph 4 hereof, that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated, and that Geissler & Schwaninger OEG shall take no responsibility for any such Conent.

14. TRADEMARKS

All trademarks, service marks, and logos used and displayed in the Service are the registered and/or unregistered property of Geissler & Schwaninger OEG and third parties. No rights are conferred on you, either expressly or by implication, to use the trademarks of Geissler & Schwaninger OEG or third parties without the permission of the respective trademark owners.

15. THIRD PARY LINKS

This Service may contain links to other Internet sites or resources ("Third Party Sites"). Such links may have been provided by Geissler & Schwaninger OEG, or third parties. Since these Third Party Sites are not under the control of Geissler & Schwaninger OEG, you acknowledge and agree that Geissler & Schwaninger OEG shall not be responsible for the availability of the Third Party Sites nor is it responsible or liable for any content, advertising, products or other materials located on or through any Third Party Site. Links provided to Third Party Sites do not represent endorsements of any information, products or services on such sites, and no information on such sites has been approved or endorsed by Geissler & Schwaninger OEG. Under no circumstances shall Geissler & Schwaninger OEG be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available on such Third Party Sites. Any concerns that you may have regarding any Third Party Sites should be directed to its respective site administrator or Webmaster.

16. PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") are the sole property of Geissler & Schwaninger OEG and contain proprietary and confidential information protected by applicable intellectual property and other laws. You further acknowledge and agree that Content, including but not limited to, text, software, music, sound, photographs, graphics, video, or other materials contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service-marks, patents or other laws governing intellectual property and proprietary rights. Except as expressly authorized by Geissler & Schwaninger OEG, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based upon the Service or the Software in whole or in part. Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way, Content available through the Service, the rights of which you do not already own.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. GEISSLER & SCHWANINGER OEG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS.
GEISSLER & SCHWANINGER OEG MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. GEISSLER & SCHWANINGER OEG DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. GEISSLER & SCHWANINGER OEG MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEISSLER & SCHWANINGER OEG OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL GEISSLER & SCHWANINGER OEG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF GEISSLER & SCHWANINGER OEG OR THE SERVICE PROVIDER CUSTOMER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO DELETION OR LOSS OF CONTENT, DEFECTS OR DELAYS IN TRANSMISSION, OR ANY FAILURE OF A SERVER, OR THE INTERNET), (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE COST OF ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR, (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THEREFORE SOME OF THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. SPECIAL ADMONITION FOR COMMUNITIES RELATING TO FINANCIAL MATTERS

If you intend to create or join any community, receive or request any news, messages, alerts or other information from the Service concerning companies, , please re-read sections 17 and 18 again. In addition, for this type of information, particularly, the expression "Let the investor beware" would be particularly applicable to you or any other user. The Service is provided for informational purposes only and no Content included in the Service is intended for trading purposes. Geissler & Schwaninger OEG cannot be responsible for the content or accuracy of any information transmitted via the Service, and shall not be responsible for any trading or investment decisions made based on such information.

21. NOTICE

Notices may be sent to you or you may send notices to Geissler & Schwaninger OEG via either e-mail or regular mail. The Service may also provide notification of any changes to the Terms of Service or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.

22. GENERAL

The failure of Geissler & Schwaninger OEG to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Service.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Service shall continue to be binding on and remain in full force and effect. The Terms of Service, together with any separate written or online agreement between you and Geissler & Schwaninger OEG constitutes the entire and only agreement, and supersedes any prior agreements between you and Geissler & Schwaninger OEG, (including, but not limited to all prior versions of the Member Agreement, General Terms of Use, and Terms of Service, where applicable). The Terms of Service and the relationship between you and Geissler & Schwaninger OEG and any disputes arising herunder will be settled before a competent Zell am See, Austria court of law. You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Service must be commenced within 1 year after such claim or cause of action arose or be forever barred. Section titles in the Terms of Service are for convenience only and have no legal or contractual effect or significance. It is the express wish of the parties that the Terms of Service and all related documents have been drawn up in English.

23. REPRESENTATIONS OF SUBSCRIBING MEMBER

By registering and accepting these Terms of Service, the Member, either on behalf of him/herself, and/or on behalf of the entire community (whichever subscription option has been chosen), hereby represents, warrants and covenants to Geissler & Schwaninger OEG that: (a) she/he has the legal capacity to subscribe and accept the Terms of Service as well as be bound by its content; (b) he/she is at least 18 (eighteen) years of age, or at least 13 (thirteen) years of age and has parental permission to establish subscription, become a Member and be bound by the Terms of Service (this 13 year old age restriction has been established to comply with the Children's Online Privacy Protection Act (COPPA) of 1998); (c) to regularly review these Terms of Service and, in the event of any change in them, continue to be bound by them or else immediately discontinue the use of the Service.

23. VIOLATIONS

Please report any violations of the Terms of Service to our compliance department by e-mail to office@jahlzeit.com
I have read and understand the foregoing Terms of Service and agree to be bound by all of its terms.