TERMS AND CONDITIONSThe following Terms and Conditions govern your use and access to the RFQIS , RFQ INDUSTRIAL STOCK website. I. Professional environmentAll sites are made for the professional user and not intended for use by private individuals. II. Age of MajorityYou represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit The RFQIS sites immediately and may not use or access The RFQIS sites or print or download any materials or purchase any materials (as defined below) from them. III. Trademark InformationRFQIS, and RFQ INDUSTRIAL STOCK are trade marks of RFQ INDUSTRIAL STOCK. All rights are reserved. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. RFQIS’ marks may not be used publicly except with express written permission from RFQIS, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits RFQIS. IV. CopyrightThe material and content accessible from The RFQIS sites, and any other World Wide Web site owned, operated, licensed, or controlled by RFQIS (collectively, “Materials”) is the proprietary information and valuable intellectual property of RFQIS or the party that provided the Materials to RFQIS, and RFQIS or the party that provided the Materials to RFQIS retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of RFQIS, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates RFQIS’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to The RFQIS sites. All content included on The RFQIS sites, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of RFQIS or its content suppliers and is protected by the Dutch and international copyright laws. The compilation of all content on each Site is the exclusive property of RFQIS or its content suppliers and protected by The Dutch and international copyright laws, as well as other laws and regulations. V. Access to SitesTo access The RFQIS sites or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of these Sites that all information you provide will be correct, current, and complete. If RFQIS believes the information you provide is not correct, current, or complete, RFQIS has the right to refuse you access to these Sites or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of your becoming a member to a Site, RFQIS hereby grants you a limited, nonexclusive, nontransferable personal license to access The RFQIS sites and the Materials contained therein. Subject to Section IX (F), provided that you are a member in good standing to a Site, you may cache the Materials onto a single computer for your personal, non-commercial internal use only. All Materials on The RFQIS sites shall be for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized copying of any of The RFQIS sites, or any of the Materials contained therein. Any unauthorized use of a Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access a Site for its intended purpose and is not a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law. VI. Restrictions on Use of SitesYou may use The RFQIS sites for purposes expressly permitted by The RFQIS sites. You may not use The RFQIS sites for any other purpose, including any commercial purpose, without RFQIS’ express prior written consent. Without the express prior written authorization of RFQIS, you may not: (a) duplicate a Site or any of the Materials contained therein (except as expressly provided above in Section VII); (b) create derivative works based on a Site or any of the Materials contained therein; (c) use The RFQIS sites or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute The RFQIS sites or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from The RFQIS site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with The RFQIS sites or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using RFQIS’ name or marks; (h) “deep-link” to any page of any of The RFQIS sites (including the homepage); (i) circumvent any encryption or other security tools used anywhere on The RFQIS sites (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of any of The RFQIS sites); (j) use any data mining, robots or similar data gathering and extraction tools on The RFQIS sites; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section VII above; or (m) bookmark any page of any Site beyond the membership log-in screen. You agree to cooperate with RFQIS in causing any unauthorized use to cease immediately. At any time, if The RFQIS sites provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using The RFQIS sites or other services included on The RFQIS sites. You are solely responsible for submitting any material that violates any The Dutch or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and The RFQIS sites shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to The RFQIS sites can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages. VII. MembershipRegistrationYou are responsible for providing all equipment and the computer necessary to access The RFQIS sites. You may access the non-public portion of any Site only by being a member in good standing to that Site. You may become a member of a Site by completing an online registration form. Upon submission of the online registration form, RFQIS or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform RFQIS of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for The RFQIS sites. If you provide any information that is untrue, inaccurate, not current or incomplete, or RFQIS or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RFQIS has the right to suspend or terminate your account and refuse any and all current or future use of The RFQIS site or Sites.B. Member Account, Password and SecurityAs part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to any Site to anyone who is below the age of majority in your state. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. RFQIS will not release your password for security reasons. You agree to (a) immediately notify RFQIS of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of The RFQIS sites until you notify RFQIS by email regarding that unauthorized use. Unauthorized access to The RFQIS sites is illegal and a breach of this Agreement. You may obtain access to your billing records regarding charges of your use of The RFQIS sites upon request.FeesYou agree to pay all membership fees when due according to the billing terms. RFQIS posts the current membership fees for each Site as part of the registration process. RFQIS reserves the right to change any Site’s membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. RFQIS reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorney’s fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing RFQIS for all credit card charge backs, dishonored checks and any related charges. You authorize RFQIS and its agents to make payments for the services provided to you through The RFQIS sites by automatic check debit and credit card on your behalf. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of RFQIS’ goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to RFQIS or The RFQIS sites when you have an outstanding charge to RFQIS shall make you liable to RFQIS for $25,000 in liquidated damages. This liability for liquidated damages is in addition to any otherVIII. TerminationYou may cancel your membership at any time through the third party who is processing your fees. Links to these third party processors are located in the customer service area within the non-public portion of the website. Otherwise you may cancel your membership by providing: (a) our customer service department with a notice of your intent to cancel the membership at least 48 hours before the renewal date along with your user name and password; and (b) any outstanding fees owed for your membership. You hereby agree to be personally liable for any and all charges made by you for goods or services through your use of The RFQIS sites. This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of The RFQIS site or Sites to which you were a member. IX. Disclaimer of WarrantyYOU EXPRESSLY AGREE THAT USE OF THE RFQIS SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE RFQIS SITES AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. RFQIS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE RFQIS SITES OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RFQIS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE RFQIS SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RFQIS SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT RFQIS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. RFQIS DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. RFQIS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE RFQIS SITES OR ANY TRANSACTION ENTERED INTO THROUGH THE RFQIS SITES AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. X. Limitation of LiabilityIN NO EVENT SHALL RFQIS (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE RFQIS SITES OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF RFQIS HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF RFQIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RFQIS’S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. XI. IndemnityYou agree to defend, indemnify, and hold harmless RFQIS, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to use, misuse, or inability to use The RFQIS sites or any of the Materials contained therein, or your breach of any of these Terms and Conditions. RFQIS shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. RFQIS may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so. XII. LinksSome web sites which are linked to The RFQIS sites are owned and operated by third parties. Because RFQIS has no control over such sites and resources, you acknowledge and agree that RFQIS is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RFQIS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein. XIII. Notice of Claimed InfringementRFQIS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RFQIS’ Copyright Agent the following information:
You may send your Notice of Claimed Infringement to: XIV. Notice and Takedown ProceduresRFQIS reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. RFQIS reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. XV. Export ControlYou understand and acknowledge that the software elements of the Materials on The RFQIS sites may be subject to regulation by agencies of foreign Governments, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to such law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities. XVI. Force MajeureRFQIS shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay RFQIS’ performance. XVII. General ProvisionsNo waiver of RFQIS shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
XVIII. Consumer InformationUsers who wish to gain access to the members-only section of any of the RFQIS Sites must be a member in good standing. RFQIS posts the current membership fees for each Site prior to the registration page for each Site. RFQIS reserves the right to change the membership fees at any time. Users may contact RFQIS at info@RFQIS.com in order to resolve any billing disputes or to receive further information about any of The RFQIS sites. RFQIS and RFQ INDUSTRIAL STOCK are commercial names of JJ Batenburg Management BV Droogdokkeneiland 29 , 5026 SP Tilburg |
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