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Terms of Use Agreement for
General Site Terms. Welcome to Rexnord’s 2D-3D Product Drawing site (the “Website”). The Website is a product information and access website owned and operated by Rexnord Industries, LLC, and includes Rexnord’s interactive three-dimensional products service ("Rexnord Services"). Rexnord Services are offered to you free of charge.
THIS AGREEMENT CONTAINS LEGALLY BINDING TERMS FOR YOUR USE OF REXNORD SERVICES, INCLUDING WARRANTY AND LIABILITY DISCLAIMERS. BY USING REXNORD SERVICES, YOU ACCEPT, AND AGREE TO BE BOUND BY THESE TERMS OF USE (the “AGREEMENT”). IN ORDER FOR YOU TO HAVE ACCESS TO REXNORD SERVICES THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE REXNORD SERVICES, AND YOU SHOULD NOT CHECK THE ACCEPTANCE BOX.
1. Modification. Rexnord may modify this Agreement from time to time and such modification shall be effective upon posting by Rexnord on the Website. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using Rexnord Services. You agree to be bound by any changes to this Agreement when you use any of Rexnord Services after any such modification is posted.
2. Eligibility. By using the Website and/or Rexnord Services, you represent and warrant that: (a) you have read, understand and accept this Agreement; and (b) your use of the Website and Rexnord Services shall not violate any applicable law or regulation.
3. Registration. To download any aspect of Rexnord Services, you will be required to register and provide certain information, including your company name, address, phone number and business e-mail address. In addition, you will be asked to create a user name and password. This information, collectively, shall be known as "Account Information." You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Rexnord will use your Account Information in accordance with its privacy policy. For more information about Rexnord’s Privacy Policy please see the text that follows this Agreement. Your account is solely for your personal use, and you shall not authorize others to use your account. You agree to notify Rexnord immediately of any unauthorized use of your user name, password or account, and you agree to indemnify and hold harmless Rexnord, its partners, parents, subsidiaries, agents, affiliates, employees and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
4. Term. This Agreement shall remain in full force and effect while you use Rexnord Services. Rexnord may terminate or limit your access to Rexnord Services at any time, for any reason, including due to a prolonged period of inactivity, or for no reason, effective immediately and without liability. In cases where your account is terminated, Rexnord may expunge your registration information. If this occurs, you will be required to re-register in order to access Rexnord Services.
5. License Grant. Rexnord grants you a limited, non-exclusive, non-transferable license to access and use Rexnord Services, subject to the terms and conditions of this Agreement. Any violation by you of this license provision, or the terms and conditions of this Agreement, may result in the immediate termination of your right to use Rexnord Services. Rexnord reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF REXNORD SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
6. Restrictions. You agree that you will not:
· make Rexnord Services available over a network (other than Rexnord's network) where it could be used by others; · provide your password to any other person; · translate, reverse engineer, decompile, disassemble, or modify Rexnord Services; · circumvent any technology used by Rexnord or its licensors to protect content accessible via Rexnord Services; or · use Rexnord Services in any way that violates the terms of this Agreement or applicable law.
7. Proprietary Rights in Content. Rexnord or its licensors own and retain all proprietary rights in the Website and Rexnord Services. The Website and Rexnord Services contain copyrighted material, trademarks, and other proprietary information of Rexnord and its licensors. The drawings/models provided as part of Rexnord Services are provided for the convenience and information of engineers who are designing products. You may view and download these drawings/models only for such purposes and not to create any competing internet catalog or internet model site, or software. You may copy and download drawings/models for model-building purposes provided that you retain all copyright and other proprietary notices contained in the original data on any copies of the data. You may not modify the data on or provided as part of the Website or Rexnord Services in any way or reproduce or publicly display, perform, post, transmit or distribute such data for any public commercial purpose. Drawings/models provided as part of Rexnord Services are outline dimensions, should not be used for manufacturing purposes and may be modified at any time without notice.
8. Security. Rexnord Services utilize technology to protect transmitted digital information. Your use of Rexnord Services may be limited by such technology. You acknowledge that, from time to time, Rexnord may modify or discontinue using such technology. Security modifications made by Rexnord may include required or automated updates, modifications, patches, and/or reinstallations of software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
9. Privacy Policy. Unless otherwise addressed in this Agreement Rexnord Services are subject to Rexnord's Privacy Policy, the text of which follows this Agreement, and that by reference is made a part of this Agreement. It is important that you read and understand the terms of Rexnord's Privacy Policy. Rexnord may use your information (including your Account Information) to provide you with Rexnord product updates, or other Rexnord marketing materials.
10. Disclaimers. REXNORD SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS ARE PROVIDED "AS IS." ANY USE OF REXNORD SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REXNORD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. REXNORD MAKES NO REPRESENTATIONS OR GUARANTEES THAT REXNORD SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND REXNORD DISCLAIMS ANY LIABILITY RELATING THERETO.
REXNORD MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OR RESULTS OF THE USE OF REXNORD SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. DRAWINGS/MODELS PROVIDED AS PART OF REXNORD SERVICES ARE OUTLINE DIMENSIONS, SHOULD NOT BE USED FOR MANUFACTURING PURPOSES AND MAY BE MODIFIED AT ANY TIME WITHOUT NOTICE. REXNORD MAY MODIFY, SUSPEND, OR DISCONTINUE REXNORD SERVICES WITHOUT PRIOR NOTICE. WHENEVER REXNORD ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE REXNORD SERVICES, REXNORD WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
11. Limitation of Liability. IN NO EVENT WILL REXNORD BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF REXNORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REXNORD OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE TO TERMINATE THE USE OF REXNORD SERVICES.
12. Indemnity. You agree to indemnify and hold Rexnord, its subsidiaries, members, managers, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website or any of Rexnord Services in violation of this Agreement and/or arising from your breach of this Agreement (or a breach by any user of your account) and/or any breach of your representations and warranties set forth above.
13. U.S. Export Controls. This Website is further subject to United States export controls. Rexnord Services (or material obtained from Rexnord Services) may not be downloaded from the Website or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using Rexnord Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. Sublicense/Assignment. Rexnord Services are owned or licensed by Rexnord and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
15. Copyright Infringement. If you know of, or suspect, copyright infringement involving the Website or Rexnord Services, please send a notice to Rexnord Industries, LLC, Attn: Copyright Questions/Legal Department, 4701 West Greenfield Avenue, Milwaukee, Wisconsin 53214. The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.
16. Governing Law. This Agreement will be governed by the laws of the State of Wisconsin. The exclusive jurisdiction for any claim, action or dispute with Rexnord, or relating in any way to your use of Rexnord Services, will be in the state and federal courts of the State of Wisconsin and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Milwaukee, Wisconsin.
17. Should you have any questions regarding this Agreement or Rexnord’s Privacy Policy, please contact us: at http://www.rexnord.com/portal/contact; by writing to us at Rexnord Industries; LLC, 5103 W. Beloit Road, Milwaukee, WI 53214, Attn: Corporate Marketing Department; or by telephoning at 414-643-2371.
18. Rexnord may send notices to you with respect to Rexnord Services by sending an e-mail message to the e-mail address listed in your Account Information, by sending a letter via U.S. mail to the contact address listed in your Account Information, or by a posting a note on the Website when you access your account. Unless otherwise stated in the notices, the notices will become effective immediately.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN REXNORD AND YOURSELF, AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN REXNORD AND YOURSELF RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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