Legal

TERMS AND CONDITIONS OF USE / LEGAL


IDENTIFICATION

This website available at http://www.lindberg.com (“the website”) is published by LINDBERG A/S.
Access to the website and use of its content shall be subject to the terms set out below.
By accessing and browsing the website the visitor acknowledges unqualified acceptance of the conditions set out below:
LINDBERG endeavours to ensure, as far as possible, that the information published on this website is accurate and up-to-date and it reserves the right to correct the content at any time without notice. However, LINDBERG cannot guarantee the accuracy, precision or comprehensive nature of the information made available on this website.
Therefore, LINDBERG shall not be liable:

  • - for any unavailability of the website
  • - for occurrence of any errors
  • - for any inaccuracy or omission relating to information available on the website
  • - for any damage resulting from interference by a third party leading to a modification of the information made available on the website or any inability to access the website.
    The visitor is informed that LINDBERG may suspend access to the website at any time for maintenance and security reasons or as a result of any other technical constraint.


LINKS

The website may contain links to other websites. As LINDBERG is not in a position to control these websites, LINDBERG may not be held liable for making these websites available, and shall not bear any liability for the content, advertisements, products, services or anything else available on or from these websites.


INTELLECTUAL PROPERTY RIGHTS

This Site as a whole, and all material on this Site, is protected by copyright and other intellectual property rights. The LINDBERG.com website and material on the LINDBERG.com website (including all intellectual property of any nature, whether registered or unregistered, including drawings, designs, illustrations, photographs, videos, sound tracks, written text, logos, trademarks) are the exclusive property of LINDBERG A/S and its affiliates and subsidiaries. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on the LINDBERG.com website.
The LINDBERG trademark and all other LINDBERG related marks and logos, whether registered or not registered, displayed on the LINDBERG.com website, as well as the domain name LINDBERG.com, are and will remain the exclusive property of LINDBERG. Any reproduction, distribution, transmission, modification, or use of any LINDBERG trademark for any purpose is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on the LINDBERG.com website or any content contained therein.


RESTRICTIONS

You agree not to modify, distribute, disclose or create works wholly or partially based on the Website. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Website, or in any case reproduce, copy, use or provide the Website, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Website is solely your responsibility and that you are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.


WARRANTY DISCLAIMER

LINDBERG makes no representations or warranties about the website or any goods purchased by you through the website for any purpose and expressly disclaims any express warranties including, without limitation any warranty of fitness for a particular purpose, to the fullest extent permitted by the applicable law.
This site and the contents of this site are provided on an "as is" and "as available" basis. LINDBERG makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this site or its contents and expressly disclaims any representations and warranties. LINDBERG does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that LINDBERG shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.


LIMITATION OF LIABILITY

In no event shall LINDBERG be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the website or with the delay or inability to use the website, whether based in contract, tort, strict liability, or otherwise. Notwithstanding the foregoing, total liability of LINDBERG for any reason whatsoever related to use of the website shall not exceed the total amount paid by you to LINDBERG in connection with the subject matter of the particular dispute.


INDEMNITY

By using this application, You agree to defend, indemnify and hold harmless LINDBERG and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Website; (ii) any User-Posted Content; (iii) your breach of any of these terms of use; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Website.


ENFORCEMENT

You acknowledge that any breach, threatened or actual, of these terms of use will cause irreparable injury to LINDBERG, such injury would not be quantifiable in monetary damages, and LINDBERG would not have an adequate remedy at law. You therefore agree that LINDBERG shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these terms of use.


TERM AND TERMINATION

These terms of use will take effect at the time you begin using the Website. These terms of use will terminate automatically if you fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate these terms of use at any time by ceasing all use of the Website.


WAIVER & SEVERABILITY
Failure to insist on strict performance of any of the terms and conditions will not operate as a waiver of any subsequent or other default or failure of performance. If any part of these terms of use is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms of use shall continue in effect.


JURISDICTION AND APPLICABLE LAW

This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of the Kingdom of Denmark without regard to its conflict of laws provisions. Any disputes, shall be settled by arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.