scherf.com

TERMS OF USE | PRIVACY POLICY | LEGAL

Over 1200 years of history ...   



The purpose of this website is to provide information about SCHERF and the services and products being offered. This website has been compiled in good faith by Scherf Corporation and/or its subsidiaries around the world. However, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. Scherf reserves the right to add, modify or delete any information on this website at any time without any notice. The website and any references to products or services are provided "as is" without any warranty or implied guarantee of any kind.

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TERMS OF USE

 ... Privacy Policy >>
 ... Copyright >>

Welcome to SCHERF.com. Thank you for stopping by!

We'd like every visitor to have a great experience while using SCHERF.com (and our other sites which in the following text are called, Our Websites). It is important that every visitor is fully aware of our respective legal rights and obligations. For that reason, we have posted these Terms of Use as the legally binding terms to govern every visitor's use of this Website. Please read these Terms of Use carefully before using this Website, because they will affect your legal rights and obligations.

Acceptance of Terms
If you do not agree with any of these Terms of Use please do not use this Website, because by using Our Websites you will be deemed to have irrevocably agreed to these terms. Various areas of this Website may be subject to additional terms and conditions, which you should read carefully before making use of any such areas and/or provisions. Any such terms will not vary or replace these Terms of Use regarding the use of this Website, unless stated otherwise. Please note that these Terms of Use may be revised and reissued without notice at any time. You should visit this page regularly to review the current Terms of Use, since your continued use of this Website will be deemed as irrevocable acceptance of any revisions.

Registration
To access
Our Websites or some of the resources it has to offer, sometimes you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide are correct, current, and complete. If we at Our Websites think that certain details are not correct, current, or complete, we have the right to refuse you access to our Websites, or any of its resources, and to terminate or suspend your account. Unless, we have received a properly completed and acceptable parental consent form governing your use of this Website, we will assume (and by using this Website you warrant that) you have the legal capacity to enter into the agreement set out in these Terms of Use (e.g., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Privacy Policy
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Our Websites.
Click here to show the Privacy Policy, which is an integral part of these Terms of Use.

Copyrights/Trademarks
This Website and all content incorporated by
Our Websites are protected by copyrights, trademarks, patents, or other proprietary rights. Most characters, logos or other images incorporated by Our Websites are also protected as registered or unregistered trademarks, trade names and/or servicemarks owned by the owner and/or operator of Our Websites and/or other entities. Our Websites respect the intellectual property rights of others and requests users of the Our Websites to do the same.

Content/Use of Material
Your right to use this Website and any content is subject to your compliance with these Terms of Use. Modification or use of any content on this Website for any purpose not permitted by these Terms of Use may be a violation of Copyrights and/or Trademarks and is prohibited by law. You may access and display content displayed on this Website for non-commercial, personal, entertainment use on a single computer only. Content on this Website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically noted and/or authorized by
Our Websites. Any authorization to copy content of any part of Our Websites for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using content from this site on any other Website or computer network is prohibited, unless certain content is specifically offered for such purposes as stated when this is the case.

Disclaimer of Warranties
YOUR USE OF THIS WEBSITE AND OUR RELATED WEBSITES IS AT YOUR OWN RISK.
Our Websites AND ALL INFORMATION, SOFTWARE, SERVICES AND OTHER CONTENT AT Our Websites ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Our Websites DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Our Websites DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS AND RELATED WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT Our Websites OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Our Websites DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT AT Our Websites OR ANY WEBSITES LINKED TO Our Websites IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Our Websites MAKES NO WARRANTIES THAT YOUR USE OF THE INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT AT Our Websites WILL NOT INFRINGE THE RIGHTS OF OTHERS AND Our Websites ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT AT Our Websites. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability
Our Websites DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, Our Websites OR THE INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT ON Our Websites, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF Our Websites HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU, AND NOT Our Websites, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAWS.

Forums/Communities
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS AND RELATED WEBSITES ARE NOT NECESSARILY THOSE OF
Our Websites OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. Our Websites DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF Our Websites. Our Websites MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Submissions, Postings and E-mail notices
Our Websites are interested in hearing from our visitors. It is, however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send us any unsolicited submissions. But occasionally, some programs and/or offers on this Website may request submissions of concepts, stories, or other potential content from you. Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this and related Websites to govern those submissions, since they will affect your legal rights. If no additional terms govern those submissions, then these Terms of Use will apply in full to requested submissions. In any event, any material you send to us will not be treated as confidential, except if specifically indicated that such information and material is to be kept confidential, e.g. in regards to the identity of bidders on our auction related pages, in which case the identity of bidders is kept confidential. Please act responsibly when using this and our related Websites. You may only use this and our related Websites and its contents for lawful purposes and in accordance with applicable laws and you are prohibited from storing, distributing or transmitting any unlawful material through this and related Websites. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful content could expose you to criminal and/or civil liability. You agree that if a third party claims that a certain content that you have contributed to Our Websites is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all content publicly posted (other than by Our Websites themselves) or privately transmitted on or through this and related Websites are the sole responsibility of the sender, and not of Our Websites, and that you are responsible for all content that you upload, post or otherwise transmit to or through this Website. We at Our Websites require that you do not post E-mail notices or submit to or publish through forums/communities or otherwise make available on this and related Websites any content, or act in a way, which in our opinion:
(1) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(2) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(3) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(4) violates any law or may be considered to violate any law;
(5) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(6) advocates or promotes illegal activity;
(7) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(8) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Website;
(9) solicits funds, advertisers or sponsors;
(10) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(11) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Website;
(12) copies any other pages or images on this Website except with appropriate authority and/or authorization;
(13) includes MP3 format files;
(14) amounts to a "pyramid" or similar scheme;
(15) amounts to "data warehousing" (e.g., using any Web space made available to you as storage for large files which are only linked from other Websites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your Website comes directly via us;
(16) disobeys any policy or regulations established from time to time regarding the use of this and our related Websites or any networks connected to this and our related Websites;
(17) contains links to other Websites that contain the kind of content, which falls within the descriptions set out from (1) to (16) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by Our Websites anywhere on this and our related Websites (e.g., on any Web space made available for your use).

System Abuse
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., E-mail copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., the distribution of unsolicited E-mail notices for whatever purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this and related Website by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this and related Websites, unless specifically noted, e.g. in the case of our Website Design Service/Management applications (reseller programs).

Security
Any passwords used for this and related Websites are for individual use only. If a password application is used, you shall be responsible for the security of your password.
Our Websites shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Our Websites consider insecure, Our Websites will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this and related Websites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools, etc.) are strictly prohibited. If you become involved in any violation of system security, Our Websites reserve the right to release your details to system administrators at other Websites in order to assist them in resolving security incidents.

Investigations
Our Websites reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or E-mail notices you make or send to any forum/community. Our Websites may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Our Websites may suspend any user whose conduct or postings are under investigation and may remove such content from its servers as it deems appropriate and without notice. If Our Websites believe, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or E-mail notice, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems necessary and appropriate. Our Websites will fully cooperate with any law enforcement authorities or court order requesting or directing Our Websites to disclose the identity of anyone posting any E-mail notices, or publishing or otherwise making available any content that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Our Websites FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Our Websites and/or ITS OWNERS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Our Websites, ITS OWNERS OR LAW ENFORCEMENT AUTHORITIES.

Service
In order to use our Websites, you must obtain Internet access and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to our Websites via the Internet (including a computer, modem and/or other access devices). Our Websites reserve the right to modify or discontinue, temporarily or permanently, all or any part of our Websites and/or any software, and services on this and related Websites, with or without notice, and/or to establish general guidelines and limitations on their use.

Other Regulations
Our Websites make no representation that any content on our Websites is appropriate or available for use inside or outside the United States, its territories, possessions and protectorates. If you choose to access Our Websites from any location wherever you're located at the time of access, you do so on your own initiative and at your own risk. You are responsible for complying with all local laws, if and to the extent local laws or any other laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Indemnity
You agree to indemnify and hold harmless
Our Websites, its owners and all its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Our Websites utilized servers, and/or from any and all use of your account.

Our Use of Content
Our Websites will consider anything you provide to Our Websites and/or contribute to these Websites as available for our use free of any obligations to you, except where we have expressly solicited submissions and those submissions are expressly governed by additional terms appearing elsewhere on this Website (see "Submissions, Postings and E-mail notices" above), in which event those additional terms will determine how we will treat your submissions. Subject to the provisions of any additional terms, by posting or uploading any content to our Websites and/or providing any communication or content to Our Websites, you automatically and irrevocably: (a) grant and assign to Our Websites and/or its owners and affiliates any and all rights of your content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Our Websites and/or by any person/entity authorized by Our Websites, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Our Websites and/or its owners as your agent with full power to enter into any document and/or do any act Our Websites may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the submitted content and entitled to enter into these Terms of Use; (e) confirm that no such content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Our Websites and/or its owners and affiliates shall not be liable for any use or disclosure of such content.

Third-Party Websites
Our Websites may link a user to other Websites on the Internet. These Websites may contain information or material that some people may find inappropriate or offensive. These other Websites are not under the control of
Our Websites and you acknowledge that (whether or not such Websites are affiliated in any way with Our Websites) Our Websites are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Websites. The inclusion of such a link does not imply endorsement of any Website by Our Websites, its owners and affiliates or any association with its operators. Our Websites cannot ensure that you will be satisfied with any products or services that you purchase from any third-party Website that links to or from Our Websites since other Websites are owned and operated by independent entities. Our Websites does not endorse any of the merchandise, information or content, nor has Our Websites taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party Websites. Our Websites and/or its owners do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) which a consumer might be requested to provide to any third party, and you irrevocably waive any claim against Our Websites and/or its owners and affiliates with respect to such Websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction.

Proprietary Online Services
Any area of this and our related Websites that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Jurisdictional Issues and Indemnification
The content on this and our related Website is presented solely for the purpose of providing entertainment and information for the promotion of published materials, books, CDs, DVDs or similar media, programs, research and information, lifestyle products, religious interests, motion pictures, music, and other products and services available in the United States, its territories, possessions, and protectorates, and also in other parts of the world. The majority of this and our related Websites are controlled and operated by Our Websites from in different locations around the world including offices in the United States of America, unless otherwise stated. Areas of this and related Websites are controlled by Scherf Corporation affiliated entities located outside the U.S. Some areas of this and our related Websites and its offered services and/or products may not be accessible and/or available to citizens, residents and/or entities within the U.S. Our Websites serve a global clientele and all offers, services, etc. are void where prohibited by law, especially when governed by applicable local laws. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Nevada, as they are applied to agreements entered into and to be performed entirely within Nevada.

Every user and/or member of this website agrees and is aware and fully understands that Scherf Corporation is a strictly private company, and that services are not available to the general public. Therefore, each user and/or member of this website warrants that he/she will protect the interests of Scherf Corporation against any third party, and that the user and/or member adheres to the strictest code of absolute confidentiality. Each and every scherf.com/Scherf Corporation user and/or member agrees to indemnify, defend and hold Scherf Corporation and all related/associated Scherf Corporation companies and organizations and their officers, employees, other associates, consultants, etc. and/or their shareholders and/or participants harmless from and against all claims, losses, liability, costs and expenses (including, but not limited to attorneys’ fees). Every and each user and/or member agrees to never participate either directly or indirectly, neither in the present nor ever in the future in any legal action or investigation of whatever kind against Scherf Corporation and all related/associated Scherf Corporation companies and organizations and their officers, employees, other associates, consultants, etc. and/or their shareholders and/or participants.

Any user and/or member of this website agrees if they violate the above indicated indemnification clause in part or in whole that if to action, you, any third party or Our Websites and/or its owners and affiliates may bring to enforce these Terms of Use or, in connection with any matters related to this and our related Websites shall be brought only in either the State or Federal Courts located in Nevada, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Claims of Infringement
If you believe that any content appearing on this and our related Websites infringes your copyright rights, please contact our office. Please forward the following information in writing to our office indicated in the Contact Information:

(a) your name, address, telephone number, and E-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.

 


PRIVACY POLICY

... Terms of Use >>
 ... Copyright >>

The Process of Collecting Information
Any information that you provide us voluntarily (e.g. user name, e-mail address, phone number) will be retained by us. If you purchase merchandise through our
SCHERF.com website (and our add-on linked sites which in the following text are called, Our Websites), we may collect information about your purchase behavior. In addition, if we receive personal correspondence from you, such as E-mail or letters, or if you post messages on Our Websites bulletin boards or in Our Websites chat areas where and when available, we may collect such information into a file specific to you. All such information collected by us shall become our property throughout the world.

The Use of Information
We do not sell, trade, or license gathered information from users of Our Websites. You may choose to opt out of receiving electronically transmitted information from Our Websites or its affiliated companies by clicking the appropriate check box on interactive forms on our Websites that collect such personal information from Our Websites users, or by sending us a written notice via E-mail or regular mail. We may aggregate statistics, traffic patterns, and related Website information and disclose such aggregate data to third parties for marketing, advertising, or other promotional purposes, but such aggregate data will not include any personal information. By using the Our Websites, you consent to such collection and use of this information/data by us. You should be aware that when you voluntarily disclose personal information on the bulletin boards or in the chat areas, that information can also be collected and used by others and may result in unsolicited messages from other people.

Your IP Address and Our Use of "Cookies"
Certain non-personal information of visitors may be recorded automatically by the standard operation of our and "our" servers, including, without limitation, the URL that you just came from, which URL you next go to, what browser you're using, and your IP address. Such information is primarily used to provide an enhanced online experience for the visitor. Some functions of Our Websites may place a "Cookie" in the browser files of each user's computer. A cookie itself does not contain any personal information, but lets the computers remember that you have registered, if applicable, and saves your passwords, purchases, and preferences from Our Websites.

Security
We store all information collected from your visits to Our Websites, including personal information, in a secure environment using industry standard encryption and providing physical security for our and "our" data servers.

Children's Privacy
We do not intend to collect or use personal information from children (individuals under the age of 18) who visit Our Websites. Where appropriate, we specifically instruct children not to submit personal information on Our Websites. If a child has provided us with an E-mail address, we ask that a parent or guardian of the child contact us at ds@scherf.com if such person would like the E-mail address deleted from our E-mail mailing lists; we will use reasonable efforts to delete such E-mail addresses from our existing files.

Websites linked to/from Our Websites
We have provided links to related Websites for your convenience. We do not review the Websites linked to Our Websites and we do not endorse those Websites in any way. We are not responsible for the content of those Websites. You access such linked Websites at your own risk. It is up to you to take precautions to ensure that such linked Websites that you visit and the information you select on them are free of viruses, worms, vermin, trojan horses, and other items of a destructive nature.

For a more detailed explanation for the use of Our Websites, please Click here to refer to the Terms of Use policies/regulations for our Websites.


COPYRIGHT
LICENSING / INTELLECTUAL PROPERTY RIGHTS

 ... Terms of Use >>
 ... Privacy Policy >>

The copyright in all materials provided on this and any associated Website ("Site") is held by the owner and/or operator of Our Websites or by the original creator of such materials. Except as stated herein and only regarding specific exceptions where explicitly indicated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the owner and/or operator of Our Websites or the particular copyright owner(s). Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright notices and other proprietary notices contained/attached in/to the materials. Also, you may not, without the written permission of the owner and/or operator of Our Websites, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, intellectual property rights, the laws of privacy and publicity, and communications regulations and statutes.

> Copyright FAQ


Contact Information:

SCHERF CORPORATION
E-Mail: ds@scherf.com



VALUE AND CONVENIENCE OF A SCHERF MEMBERSHIP

A Scherf Membership offers exceptional convenience and flexibility for a person's and organization's value objectives and higher-priced purchase needs around the globe. It's a cost-effective alternative to the often inconvenient and costly accessibility or inaccessibility of your personal values. A Scherf Membership entitles members to specific privileges and services designed to make your SCHERF Credits accumulation and application and withdrawal the best experience it can be.

Here are some of the excellent Scherf Membership program benefits:

No Membership Fees
No Transaction Costs among Scherf members
No Management Fees
No Maintenance Fees
Guaranteed Availability and Liquidity to each member's
Scherf Credits around the world
Transferable Member Credits
A disciplined Approach to the accumulation and application/withdrawal of
Scherf Credits
Refundable Member Credits



SCHERF MEMBERSHIP TERMS & CONDITIONS

Recitals:
A.
Scherf Corporation and its subsidiaries around the world ("Scherf") are a publisher, merchant, importer, exporter, wholesaler, retailer and facilitator of merchandise sales and services providing services to individuals and organizations on a single use and/or multiple use basis;
B. Scherf has developed a program to provide a higher level of service between end users, Scherf Members and third-party suppliers;
C. The Client ("Member") desires to transact business with Scherf and acquire the benefits of and participate in the Scherf Membership program based on the Scherf Membership terms. As a condition to transact business with Scherf, every person and organization transacting business with Scherf will be deemed a Scherf Member and is entering the Scherf Membership program.

Now, therefore, in consideration of the mutual covenants, conditions and promises set forth below, Scherf and Member hereby agree and accept the terms of the Scherf Membership provisions as follows:

1. The SCHERF Membership Program:

a.
Scherf offers certain services in connection with the acquisition of certain merchandise and related services to Member in accordance with the terms of the Scherf Membership Terms ("Terms").

b.
The Client shall establish a Scherf Membership Account by purchasing merchandise, vehicles, real estate and/or services and/or Scherf Credits. The official Scherf Index at the scherf.com website indicates the value of each
Scherf Credit in U.S. Dollars. The Member is entitled to the benefits, services and bonuses published herein and on the scherf.com website.

c.
Scherf Credits may be utilized by Member for all legal purchases, acquisitions of merchandise, vehicles, real estate, services, etc. at/through scherf.com.

d
. The cash value of unused Scherf Credits shall be returned to Member (i) immediately upon request via Email and/or in written form therefore by Member to Scherf; or (ii) by Scherf, without notice, upon the termination of the Scherf Membership of a client through Scherf. The cash value of all unused Scherf Credits shall be determined by the official Scherf Index ("The Index") indicated for each Scherf Credit in U.S. Dollars at the scherf.com website and updated on its home page on such a day of repayment without interest. The Scherf Index is based on net asset value ("NAV") and therefore may fluctuate in terms of value and/or conversion to e.g. the U.S. Dollar, Euro and/or any other convertible currency.

e
. Aside from a Member utilizing his/her Scherf Credits, available Scherf Credits may be reduced through third-party transaction fees based on services requested by the Member. Other than through purchase, the amount of Scherf Credits may be increased for a Member if Scherf Credits are transferred into his/her Scherf account. The actual cash value of Scherf Credits in a U.S. Dollar conversion, Euro conversion and/or any other convertible currency and/or value may increase or decrease based on variation/fluctuation in the NAV (net asset value) of the underlying Scherf Index and/or exchange rates of such other convertible currencies and/or Scherf Credits used by Member.

f. All cash received by Scherf in connection with the purchase of Scherf Credits, less applicable right of retainer, shall be held by Scherf in designated bank and/or brokerage accounts at financial institutions of Scherf’s choice for the benefit of all Scherf Members (the “Designated Accounts”). Scherf shall withdraw Member funds from such accounts in accordance with the Terms of the Scherf Membership.

2. Commitment and Terms:

Client hereby:
a. Agrees to become a participant in the Scherf Membership Program established and managed by Scherf in accordance with the Terms and conditions indicated herein. The parties acknowledge that the level of participation in the Scherf Membership Program is determined by the amount of merchandise, vehicles, real estate and/or services purchased from and/or through Scherf and/or by the number of Scherf Credits purchased or converted initially and/or accumulated by Member. With the purchase of merchandise, vehicles, real estate, services and/or paying Membership activation fee and/or by purchasing and/or transferring Scherf Credits to Scherf, the Client’s Scherf Membership Account is activated.

b. Member engages Scherf to provide Scherf's scope of services available to Member and in accordance with the instructions of Member.

c. Member reserves the right to appoint, in writing, a Member Representative authorized to make decisions on behalf of Member and Scherf may rely on the instructions of such Member Representative as if given by the Member.

d. Member acknowledges that Scherf will act as agent for Member in arranging for services within the scope of Scherf services and utilized by Member. The Member hereby designates, constitutes and appoints Scherf as its true and lawful attorney-in-fact, solely for the purposes of services pursuant to these Terms. Scherf may exercise this power of attorney to sign Member’s name on any documents necessary to obtain such services on behalf of Member, and Member declares that any act lawfully done hereunder by Scherf on behalf of Member shall be good, valid and binding on Member as if the same had been signed, sealed and delivered or done by Member. Scherf’s appointment as Member’s attorney-in-fact, and all of Scherf’s rights and powers hereunder, shall be deemed coupled with an interest, are irrevocable and shall remain in effect until Scherf’s obligation to provide services under these Terms have terminated.

3. Services:

a. Member may request a Scherf account statement regarding his/her Scherf Credits at any time up to one account statement per month free of charge. Additional account statements may be ordered by paying a fee debited against Scherf Credits held by Member and according to the current fee schedule on such a day. Account statements are sent via Email and in the context of an Email and/or in form of a PDF. Upon request, Member shall be provided with his/her available Scherf Credits account balance via Email. Member may order specific transfers/payments and/or withdrawals of Scherf Credits at any time and Member authorizes the debit of Member’s Scherf Account and withdrawal of funds from the Designated Account. The transfer/purchase/withdrawal transaction will not be confirmed or booked until, and Member’s Scherf Account will not be debited unless and until Scherf has received Email confirmation executed by Member or its authorized representative.

b. A confirmation of services shall contain, among other things, the following elements of the proposed transaction:
i. Name of Recipient of Scherf
Credits;
ii. Date and Time of Transaction;
iii. Transaction Amount in U.S. Dollars and/or Scherf
Credits;
iv. Any other pertinent information known to Member or reasonably requested by Scherf;
v. Remaining Balance of Scherf
Credits on Scherf Account of Member.

c. Member understands and acknowledges that the cancellation of any service and/or transaction might be irrevocable once order has been placed and confirmed, and/or may incur charges from third parties which will be debited to Member's Scherf account. Scherf reserves the right to change the terms of its cancellation policy at any time. Any cancellation of any confirmed transaction may be subject to the terms and conditions of third parties engaged in a particular transaction.

d. All service and transaction requests by Member are subject to acceptance by Scherf. Scherf hereby expressly reserves the right to accept or reject any service and/or transaction requests for any reason, or for no reason, whatsoever.

4. PRICE QUOTES:

An estimated price quote provided by Scherf to Member in connection with a specific purchase of merchandise, vehicle, real estate and/or service, is subject to the following:

a. Domestic and international products and/or service may be subject to custom fees, sales tax and/or similar fees/taxes ordered by a State, province or country. If known to Scherf and if applicable, Scherf will add applicable custom fees and/or taxes charged, and Member’s Scherf Account will be debited accordingly, or if the balance of Member’s Scherf Account is insufficient, Member will pay such amounts prior to processing ordered products and/or services and/or a transaction.

b. Member understands that the cost estimate provided by Scherf will include estimates for certain cost items. Member’s Scherf Account will be debited, or if the balance of Member’s Scherf Account is insufficient, Member will pay within three (3) business days following the order placement, the actual amount of applicable taxes, custom fees, and similar out-of-pocket expenses relating to the services provided should these amounts differ from the original estimated price quote.

c. If any change order is requested by Member, especially regarding custom orders, or if any such change order is caused or necessitated by Member’s actions, the amount owed by Member may differ from the original estimated price quote. Member hereby agrees to pay any and all charges associated with such change orders from the confirmed order, and Member hereby agrees and acknowledges that Member’s Scherf Account will be debited, and authorizes Scherf to effectuate the debit for any such charges. If the balance of Member’s Scherf Account is insufficient, Member hereby agrees to pay any and all such charges to Scherf within three (3) business days of notification that such charges are due.

5. PAYMENT TERMS:

Scherf shall debit the Scherf Credits Account of the Member, and make the appropriate withdrawal from the Designated Accounts upon confirmation of order placement. All charges associated with an order shall be debited against Member’s Scherf Account, and Member may not, without the express written consent of Scherf, arrange for other payment terms.

6. ACKNOWLEDGMENT OF OPERATIONS:

Member acknowledges that Scherf may act as an intermediary and/or reseller of products and/or services and/or may on occasion act by itself and/or through its subsidiaries as a manufacturer, importer, exporter, supplier, service provider and/or in a similar capacity.

Member further acknowledges that manufacturers, importers, exporters, original suppliers of product and/or services have sole responsibility, liability and control of all aspects of the delivered products and/or services provided to you, including without limitation, product/service availability and pricing, regulation, condition and safety of products, feasibility of services and/or properties and events associated with delivery of products and service performance.

7. FORCE MAJEURE:

Scherf will not be deemed to be in breach of its obligations hereunder or have any liability or responsibility for any delay, cancellation or damage arising in whole or in part from any weather conditions, act of God, act of nature, acts of civil or military authority, civil commotion, war or warlike operations or imminence thereof, strike or labor dispute, blockade, embargo, government regulation, law, rule or authority, acts or omissions of government authorities including all executive authorities, mechanical failure, lack of essential supplies or parts, or for any cause beyond the direct control of Scherf.

8. DAMAGES:

a. Neither a manufacturer, importer, exporter, supplier, retailer, wholesaler nor Scherf shall have liability or responsibility for delay, cancellation or failure to furnish any service to be provided to you when caused by weather conditions, act of God, act of nature, acts of civil or military authority, civil commotion, war or warlike operations or imminence thereof, strike or labor dispute, blockade, embargo, government regulation, law rule or authority, acts or omissions of government authorities including all executive authorities, mechanical failure, lack of essential supplies or parts, or for any cause beyond the direct control of Scherf.

b. You assume all liability and responsibility for your business and personal activities and financial ramifications associated with your orders arranged by Scherf and performed by Scherf and/or its subsidiaries and/or by third parties.

c. You warrant that to the best of your knowledge all funds used to purchase products, services, vehicles, real estate and/or to obtain/add Scherf Credits were legally obtained and are currently not subject to legal proceedings and/or seizure or forfeiture.

d. Scherf makes no representations or warranties of any kind, either express or implied, as to any matter limited to, implied warranties of fitness for a particular purpose, merchantability or otherwise.

e. You shall indemnify and hold harmless Scherf, together with, but not limited to, its affiliates, subsidiaries, parent corporations, successors or assigns, and any present or former officers, directors, shareholders, employees, agents, other Scherf members, legal representatives or attorneys (the “indemnified parties”) from and against any and all liabilities, losses, damages, penalties, costs and expenses (including, without limitation, reasonable costs and attorney’s fees) on account of any claim, suit, action, demand, proceeding or anything of a similar nature made or brought against any of the indemnified parties as a result of the services performed hereunder on your behalf.

f. IN NO EVENT WILL SCHERF BE LIABLE FOR ANY TYPE OF INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR IN TORT. CLIENT WILL INDEMNIFY AND HOLD SCHERF HARMLESS AGAINST ANY LOSS, DAMAGE OR EXPENSE INCURRED BY SCHERF BY REASON OF ANY ACTION OR OMISSION OF MEMBER, ITS EMPLOYEES, AND AGENTS.

9. TERMINATION:

Scherf may terminate the Scherf Membership of any Member without reason at any time and/or upon the happening of any of the following events:

a. Scherf and/or Member may terminate the Scherf Membership at any time without any reason. Remaining Scherf Credits on Scherf Account maybe transferred upon request and instructions of Member to another Scherf Member, or can be returned to Member based on Member's instructions via the various legally available delivery systems anywhere in the world.

b. Expiration of Use Period;

c. Member has violated or breached any material term, representation or warranty set forth in the Terms of the Scherf Membership, which violation and/or breach Member has failed to cure within two (2) days of such occurrence, and/or at the latest two (2) days after receipt of written notice of such violation or breach;

d. Member has made a general assignment for the benefit of creditors, or has been decreed insolvent or bankrupt under any bankruptcy, insolvency or other similar law, or has commenced a voluntary proceeding seeking liquidation, reorganization or other such relief under any such law or seeking the appointment of a receiver over or liquidation of any substantial portion of its assets; or,

e. Member has sought to assign his/her Scherf Membership and/or Scherf Credits (or right or interest created hereunder) without the prior written consent of Scherf.

f. On or before the 30th day following the termination of the Scherf Membership, Scherf shall deliver a final statement of account to Client, and all accounts settled between the parties. All such settlements are approved and are final by Scherf and the Client. In the event that the final statement of account delivered to Client hereunder has an error or is disapproved, Client shall inform Scherf in writing within three (3) business days after receipt thereof; otherwise the same (final statement) shall be deemed to have been approved.

g. In the event of the termination of the Scherf Membership due to default by Client, Scherf may cease to provide all remaining services and shall have all right to bring an action or claim against Client for all amounts which may be due and owing to Scherf and to pursue all other remedies available to it at law or in equity (including, without limitation, attorneys fees, costs, and expenses). Scherf reserves the right, in its sole discretion, to suspend Services during any period provided for curing the default by Client. Notwithstanding the foregoing, Member shall remain liable and responsible for all payment obligations.

10. EXCLUSIONS OR OMISSIONS:

Scherf will be indemnified and held harmless by Client for any misrepresentations for products and/or services presented by a manufacturer, importer, exporter, supplier, retailer, wholesaler and/or service provider on Scherf’s website or otherwise. Any exclusion or omission either express or implied are not the responsibility of Scherf.

11. REGULATIONS:

These Terms are subject to all applicable rules, regulations, approvals and certifications in effect from time to time which now or hereafter may be imposed or required. These Terms and any Agreement pertaining to transactions with Scherf are void in part and/or in its entirety in jurisdictions where prohibited by law.

12. UNENFORCEABILITY OF PROVISIONS:

The illegality or non-validity of any paragraph, clause or provision contained or referred to in these Terms shall not affect or invalidate any other paragraph or provision hereof. If any provision of these Terms set forth, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms shall nevertheless remain in full force and effect.

13. ENTIRETY OF TERMS:

These Terms constitutes the entire terms and understanding of the Parties. Additional terms, agreements, rules and regulations may be entered into for purchase of certain merchandise, vehicles, real estate and/or services, and such additional terms, agreements, rules and regulations shall be deemed separate from these Terms. Scherf reserves the right to amendment and/or modification of any or waiver any provision stated herein, and such amendment and/or modification shall be effective and approved by Client. In the case of amendment and/or modification any and all prior provisions of these Terms, understandings and representations in such event are terminated and cancelled in their entirety and are of no further force and effect. The Parties acknowledge that no other party, or any agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce them to execute and accept and approve these Terms, and acknowledge that they have not approved these Terms in reliance on any such promise, representation or warranty not contained herein, and further acknowledge that there are no other terms or understandings between the Parties relating to these Terms that are not contained herein.

14. ATTORNEY’S FEES:

The Member understands and agrees that any breach of these Terms, or any action, cause, claim, damage, demand or liability arising from his or her breach of these Terms, could make him or her liable in a complaint, cross complaint or counterclaim for all resulting damages, including attorneys’ fees and legal expenses, as well as for consequential damages.

15. COUNTERPARTS:

By entering the scherf.com website and/or by making a purchase and/or by ordering a service and/or by opening a Scherf Account, these Terms shall be in force and considered without signature by Member and/or Scherf original, approved, legal and binding.

16. WAIVER:

Waiver by one party hereto of breach of any provision of these Terms by the other shall not operate or be construed as a continuing waiver.

17. INDEMNIFICATION:

Client agrees to indemnify, hold harmless and defend Scherf, together with, but not limited to, its affiliates, subsidiaries, parent corporations, successors or assigns, and any present or former officers, directors, shareholders, employees, agents, other Scherf members, legal representatives or attorneys (the “indemnified parties”) from and against any and all actions, causes, claims, damages, losses, penalties, demands, obligations or liabilities, expenses or disbursements (including, without limitation, reasonable costs and attorney’s fees), asserted by any third party, arising out of or relating to these Terms.

18. ARBITRATION:

a. Any dispute arising out of, in connection with, or in relation to these Terms or the making or validity thereof or its interpretation or any breach thereof shall be determined and settled solely between Scherf and the Client. Based on all facts presented, all final decisions and/or settlements approved by Scherf's executive committee shall be deemed satisfactory and final to the Client without any further recourse, and Client warrants that he/she will not seek any further action and/or remedy upon receiving final decision and/or settlement on a matter/dispute from Scherf.

b. Submission to Jurisdiction - By approval of these Terms, the parties each respectively accept, for itself and its property, generally and unconditionally, the jurisdiction of the Scherf executive committee to be determined in such an event, and agree to be bound by any judgment rendered thereby and in connection with these Terms, and waive any objection either party may now or hereafter have as to the venue of any such action or proceeding.


SCHERF INDEX

1.1. EXPLANATIONS:
Scherf Credits ("The Scherf") are based on the underlying Scherf Index ("Index") which 1:1 to the U.S. Dollar.
The actual cash value of each Scherf Credit in a U.S. Dollar conversion, Euro conversion and/or any other convertible currency and/or value may increase or decrease based on variation/fluctuation in the net asset value ("NAV") of the underlying Scherf Index and/or exchange rates of such other convertible currencies. The Scherf Index is based on a U.S. Dollar conversion rate.

By becoming a Scherf Member ("Member") in purchasing, accumulating, receiving and otherwise utilizing The Scherf in whatever form and for whatever legal purpose, you agree and accept all of the above terms and conditions, and all of the here included terms and conditions, and you herewith indicate your full understanding and acceptance of these explanations and the potential risks, including the possibility of total loss of principal.

2.1. REPAYMENT AND REFUND OF SCHERF CREDITS:
Every Scherf Member can redeem their Scherf Credits for purchases at/through scherf.com or for a refund at any time. When redeeming Scherf Credits, the Member is solely responsible to indicate all pertaining correct details, and Scherf Corporation will verify each purchase and/or refund. All such instructions/information shall be forwarded via Email to ds@scherf.com and/or pertaining forms at the scherf.com Website. Scherf has numerous safety and verification procedures in place so that each transaction will be processed according to the information and instructions provided by the Member. Scherf Credits are not suitable for trading as these are not based on supply and demand or similar, but instead The Scherf is based on the underlying Scherf Index which is based on net asset value (NAV). The current updated Index can be used to calculate the value and if so desired to convert The Scherf into legal/convertible currencies and values.

When withdrawing Scherf Credits via a third party, e.g. via bank wire transfer or money transfer, etc., third parties may charge fees for such transaction which are debited to Member's Scherf Account and/or are deducted from the withdrawal amount at the time of withdrawal.

3.1. RISK:
The Member is fully aware and has the understanding that through the accumulation of Scherf Credits the risk of loss of principal, including total loss, exists and that under certain circumstances such losses are a possibility. While it is the intention of the underlying Scherf Index to generate stability and to increase its NAV over time, it shall be noted that historical results in the past, present and/or in the future are not and are never an indicator for future results, performance and/or developments, trends, tendencies and/or similar. Currently, Scherf Corporation and/or its subsidiaries are privately owned companies. Members shall have no access to Scherf Corporation's non-public records of accounting, legal, internal and external audits and/or similar. Only in the event that Scherf Corporation and/or its subsidiaries become public companies, such records will be made available and published according to schedules and requirements of law in the applicable jurisdiction(s).

4.1. INDEMNIFICATION:
The Member is aware and fully understands and accepts that Scherf Corporation and/or its subsidiaries are privately owned companies who operate under certain operating philosophies and who engage in business and make their services and benefits only available based on certain conditions to transact business to their Clients/Members who are in full agreement with and who fully accept the terms of operations, conduct, terms, etc. as set forth on this scherf.com web page and/or in other published terms and conditions published and/or instituted by Scherf Corporation. Therefore, each Client/Member warrants that he/she will protect the interests of Scherf Corporation and/or its subsidiaries against any third party, and that the Member adheres to a code of absolute confidentiality. Each and every Scherf Member agrees to indemnify, defend and hold Scherf Corporation and/or its subsidiaries and their officers, employees, other associates, consultants, etc. and/or their shareholders and/or Members harmless from and against any and all claims, losses, liability, costs and expenses (including, but not limited to attorneys’ fees). Every and each Member agrees to never participate either directly and/or indirectly, neither in the present nor in the future in any legal action or investigation of whatever kind against Scherf Corporation and/or its subsidiaries and their officers, employees, other associates, consultants, etc. and/or their shareholders and/or participants. In the event of a breach of these terms and conditions through a Client/Member, Client(s)/Member(s) acknowledge(s) and accept(s) that he/she shall be liable for all financial damages, including but not limited to consequential damages, resulting from such a breach.

Please only conduct business with Scherf and/or become a Scherf Member if you agree to all of these terms without reservation and by your own free will. Thank you!

Contact Information:

SCHERF CORPORATION
E-Mail: ds@scherf.com

 
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