Terms of Use and Purchase

Last Updated: November, 2024

This website, located at uniform resource locator  www.datwylersealing.com (the “Site”), is provided by Dätwyler Holding Inc. (“Company,” “we,” “our,” or “us”) to the person accessing the Site (“you,” or “your”).

1. You Agree to These Terms by Using the Site
Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations.  By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use.  Company may, at any time and without notice, modify these Terms of Use by revising them on the Site.  Your continued use of the Site constitutes your acceptance of any such revisions.  You should therefore periodically visit this page to review the current Terms of Use.  You may not modify these Terms of Use except in a writing signed by Company.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately.

2. Permitted Use of the Site
The information and materials on the Site are provided for general informational purposes. You may use the site solely for the purpose of learning about and/or purchasing Company services or products.  You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose. 

3. Accounts and Security
To use certain features on the Site, you must create an account (an “Account”) by completing the registration process.  You will be guided through the registration process when you access certain features of the site, such as the online store.  You must provide us with current, complete and accurate information (including your email address) as prompted by the applicable registration form, and you acknowledge and agree that our communications to you through your Account shall satisfy any requirements for legal notices. You hereby promise that all information that you submit during the registration process is true and accurate, and acknowledge that you have an affirmative obligation to update your information in the event of any changes to the information you submit during your registration. If you create an Account or use the Services on behalf of another person or entity, you must have, and hereby represent and warrant that you do have, the authority to accept this Agreement on behalf of such other person or entity. You are responsible for maintaining the confidentiality of your Account username and password. You may not share your Account login information or Account credentials with, otherwise make your Account available to, any third party.  You agree to notify us immediately upon becoming aware of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by us).  As the Account holder, you are responsible for any and all actions taken by any person that has attained access to your Account.

You expressly acknowledge and agree that the Site is provided by us solely upon and subject to the terms and conditions in this Agreement. In the event that you breach the terms and conditions of this Agreement, or if we must do so in order to comply with law, we may terminate your Account or otherwise suspend or terminate your access to the Site for certain features on the Site.  Otherwise, we may terminate your Account or otherwise suspend or terminate your access to any features on the Site by providing you reasonable prior notice.  You have the right to cancel your Account at any time. You can cancel your Account by contacting us at suso.ont.sales@datwyler.com.   If your Account is terminated, suspended or canceled, you will no longer have access to the information in your Account or the applicable features on the Site and we may, at our option, delete your information, data, content, and other materials associated with your Account.

4. User Submitted Content
The Site may, from time to time offer interactive features that allow users to submit content to the Site.  Company does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Company reserves the right to block or remove communications or materials that it determines to be unacceptable to Company in its sole discretion.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

5. Electronic Communications
When you visit the site or send e-mails to Company, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Privacy
Company’s Privacy Policy is incorporated and made part of these Terms of Use.  You hereby agree to such Privacy Policy.  Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise will be used by Company in accordance with the Privacy Policy.

7. Typographical Errors
In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, Company reserves the right to refuse or cancel any orders placed for product or service listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service. If your credit card has already been charged for the purchase and your order is cancelled, Company shall issue you a credit (to your credit card account or otherwise) in the amount of the incorrect price.

8. Disclaimer – Warranty
THE SITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Company does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Company does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Company does not make any warranties or representations regarding the security of your personal information. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

9. Indemnification
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

10. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK.  NEITHER COMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

11. Third-Party Links
In an attempt to provide increased value to our visitors, Company may link to sites operated by third parties. However, even if the third party is affiliated with Company, Company has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Company.  These linked sites are only for your convenience and therefore you access them at your own risk.  Without limiting the foregoing, Company specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Company does not endorse the content, or any products or services available, on such sites.  Nonetheless, Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

12. Trademarks
The following trademarks are our property: SoftPulse. These marks may not be used without our consent on any product or service, except our own. 

13. Copyright
Copyright © 2024, Dätwyler Holding Inc.  ALL RIGHTS RESERVED.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Company and protected by United States and international copyright laws. All software used on the Site is the property of Company or its software suppliers and protected by United States and international copyright laws.  You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.

14. Copyright Complaints
Company respects the intellectual property of others. If you believe in good faith that materials hosted by Company infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;
• 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 us to locate the material;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;
• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notices described above should be sent to Company (by email, fax, or mail) at:

Dätwyler Holding Inc.
Gotthardstrasse 31
6460 Altdorf
Switzerland
info@datwyler.com

15. Export Control
Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.

Company does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.

16. Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the State of New York, without regard to its choice of law provisions. The courts of general jurisdiction located within New York, New York, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

17. Assignment
Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

18. Questions and feedback
We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to suso.ont.sales@datwyler.com.