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Winkel Indeling & Data Services
AGREEMENT BETWEEN USER AND RGIS
The RGIS, LLC and RGIS Affiliates (“RGIS”) Web Site is comprised of various Web pages operated by RGIS. “RGIS Web Site” shall be defined herein to include
and all other Web pages operated exclusively by RGIS (“Services”).
The RGIS Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the RGIS Web Site constitutes your agreement to all such terms, conditions, and notices.
RGIS reserves the right to change the terms, conditions, and notices under which the RGIS Web Site is offered, including but not limited to any charges associated with the use of the RGIS Web Site.
You may not use the RGIS Web Site and may not accept the Terms if you are a person barred from using services that RGIS provides under the laws of any country in which you are resident or from which you use the Services.
RGIS reserves the right to disclose aggregated information to the larger public or media or more specific data that you separately and specifically agree that we can share, without infringing upon the users’ confidentiality.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the RGIS Web Site, you warrant to RGIS that you will not use the RGIS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the RGIS Web Site in any manner, which could damage, disable, overburden, or impair the RGIS Web Site or interfere with any other party's use and enjoyment of the RGIS Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the RGIS Web Site. You may not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy publicity) unless you own or control the rights thereto or have received all necessary consent. You may not upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
VIOLATIONS OF SYSTEM AND NETWORK SECURITY
Violations of system and network security are prohibited. Examples of system and network security violations include the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of RGIS;
Unauthorized monitoring of data or traffic on any network or system without the express authorization of RGIS;
Interference with service to any user, host or network, including without limitation attempts to overload a system.
PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to RGIS for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify RGIS immediately at
MATERIALS PROVIDED TO RGIS OR POSTED TO ANY RGIS WEB SITE
RGIS does not claim ownership of the materials you provide to RGIS (including feedback and suggestions) or post, upload, input or submit to any RGIS Web Site (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting RGIS and necessary sublicensees permission to use your Submission in connection with the operation of its businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with RGIS .
No compensation will be paid with respect to the use of your Submission, as provided herein. RGIS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in RGIS sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
RGIS reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the RGIS Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan, and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Michigan in all disputes arising out of or relating to the use of the RGIS Web Site. Use of the RGIS Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RGIS as a result of this agreement or use of the RGIS Web Site.
RGIS performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RGIS right to comply with governmental, court and law enforcement requests or requirements relating to your use of the RGIS Web Site or information provided to or gathered by RGIS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RGIS with respect to the RGIS Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RGIS with respect to the RGIS Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English and the English language meaning of the Terms will govern your relationship with RGIS.
PRIVACY AND PERSONAL INFORMATION
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and RGIS have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the RGIS Web Site are protected by copyright. All rights reserved.
RGIS, the RGIS logo and other RGIS trademarks, service marks, graphics, and logos used in connection with the RGIS Web Site are trademarks or registered trademarks of RGIS, LLC in the US and/or other countries. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the services.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Web Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to RGIS, LLC, Office of General Counsel, 2000 E. Taylor Road, Auburn Hills, Michigan 48326, or by e-mail to
ALL INQUIRIES NOT SUBMITTED ACCORDING TO THIS PROCEDURE WILL RECEIVE NO RESPONSE.
GENERAL LEGAL TERMS
The Terms constitute the whole legal agreement between you and RGIS and govern your use of the Services (but excluding any services which RGIS may provide to you under a separate written agreement), and completely replace any prior agreements between you and RGIS in relation to the Services.
You agree that RGIS may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if RGIS does not exercise or enforce any legal right or remedy which is contained in the Terms (or which RGIS has the benefit of under any applicable law), this will not be taken to be a formal waiver of RGIS’s rights and that those rights or remedies will still be available to RGIS.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.