Rexroth Promotion Shop

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Terms of Use Agreement

The Rexroth-promo.com website is operated by Global Brand Concepts, Inc ("GBC"). By visiting the Rexroth-promo.com site or by using any of the services provided on the Rexroth-promo.com site (collectively, "the Rexroth Shop Website"), you hereby agree to be bound by all of the following terms and conditions in these Terms of Use (these "Terms"), as well as the Privacy Statement of Global Brand Concepts, Inc which is located at 7 Brandy Branch Rd Unit 20 Mills River, NC 28759. and which is incorporated herein by reference (“Privacy Statement”).

BY USING THE REXROTH SHOP WEBSITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

Overview; Changes.

General. GBC provides company information, images, graphics, data, and other information (collectively, “Materials”) and store locator, product updates, product registration, e-repair, product information requests and other services (collectively, “Services”) that may be accessed via the Rexroth Shop Website.

Changes. These Terms may change from time to time. When accessing the Rexroth Shop website, or through other means of notice as provided in Notices, you may be invited to review and accept material changes to these Terms. Your continued access to and use of the Rexroth Shop website, after we make changes, is deemed to be acceptance of those changes, whether or not you have actually reviewed them. GBC is not responsible for notifying you of changes to these Terms. Please check these Terms periodically for updates.

Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Rexroth Shop website. GBC reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to canceling your access, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Third Party Website Links and Referrals.

The Rexroth Shop website may contain links to other web sites that are operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under GBC’s control. GBC provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk. GBC does not transfer any personal information or session information to any Third Party Sites or Referred Vendors.

Disclosure of Information.

Submissions. You may voluntarily choose to, or GBC may invite you to submit feedback, information, data, text, software, messages, or other materials, including but not limited to reviews of GBC products and services (each, a "Submission"). You agree that you are solely responsible for all of your Submissions and that any such Submissions are considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted. By submitting any Submission, you represent and warrant that:

  • You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to us the rights in your Submissions as described in these Terms;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;
  • Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  • You voluntarily agree to waive all "moral rights", “author’s rights” or similar rights in any jurisdiction that you may have in your Submission;
  • Any information contained in your Submission is not known by you to be false, inaccurate, or misleading;
  • Your Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
  • You were not and will not be compensated or granted any consideration by any third party for submitting your Submission;
  • Your Submission does not incorporate materials from a third-party website, or addresses, e-mail addresses, contact information, or phone numbers (other than your own);
  • Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your Submission does not contain any information that is confidential, proprietary, or personal to you or to any other person; and
  • Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a Submission, you grant to GBC and its Affiliates an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
  • Use (and permit others to use) your Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your Submission or any modification thereto, in whole or in part, into any technology, product, or service);
  • Display advertisements in connection with your Submissions and to use your Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen Submissions or monitor any area of the Rexroth Shop website through which Submissions may be submitted. We are not required to host, display, or distribute any Submissions on or through the Rexroth Shop website and may remove at any time or refuse any Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any Submissions. Further, you agree that we may freely disclose your Submission to any third party without restriction on use or disclosure

Ownership and Intellectual Property

GBC Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, and trademarks, in the Rexroth Shop website, including Materials, are owned by GBC or its affiliates or our licensors. Your possession, access, and use of the Rexroth Shop website, including Materials, does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. GBC and its affiliates and licensors reserve all rights not granted in these Terms. You may not use the content of the Rexroth Shop website, including Materials, in any other public or commercial way, nor may you copy or incorporate any of the content of the Rexroth Shop website, including Materials, into any other work, unless written authorization is provided to you by GBC.

Trademarks. Unless otherwise specified, all trademarks on the Rexroth Shop website, as well as all other Rexroth Shop websites, are protected under trademark law. This applies to all GBC trademarks, service marks, typefaces, company designs, logos, slogans, trade dress and emblems (collectively, “Marks”). You agree not to copy, use or otherwise infringe upon these Marks and design elements. GBC web sites may also contain other product, service and/or company names which may be the trademarks of their respective owners.

Indemnification.

You agree to defend, indemnify and hold GBC and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Rexroth Shop website, (ii) your violation of these Terms, and (iii) your violation of any law or the rights of any third party. GBC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GBC and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without GBC’s prior written consent. GBC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Warranty Disclaimers and Limitation of Liability.

(a) Disclaimers of Warranties.

REXROTH SHOP WEBSITE, INCLUDING ALL MATERIALS AND SERVICES, ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND GBC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO MATTERS COVERED UNDER THIS CONTRACT, INCLUDING WITH RESPECT TO REXROTH SHOP WEBSITE.

(b) Limitations on Liability.

IN NO EVENT WILL GBC BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES, OR ANY LOSSES IN CONNECTION WITH (i) LOST CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA); (ii) LOST PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS; (iii) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION; (iv) any personal or BODILY injury, death, property damage; (v) ANY interruption, DELAY, FAILURE, DISRUPTION, downtime, LIMITED ACCESS TO, UNAVAILABILITY, UNRELIABILITY OR NON-PERFORMANCE OF REXROTH SHOP WEBSITE; OR (vi) ANY third party PRODUCTS AND SERVICES.

GBC’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE REXROTH SHOP WEBSITE, MATERIALS AND SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO US $1000.00.

Copyright Claims and Designated Agent.

It is the policy of GBC to respond to claims of intellectual property infringement. GBC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512c2 DMCA and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider‘s Designated Agent. Notification must be submitted to the following Designated Agent for the Rexroth Shop website: Digital Manager
121 School House Road
Mills River, NC 28759
Phone: 1-888-342-2872
Email: info@g-b-c.us

To be effective, the notification must be written communication that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Designated Agent:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of any federal court in North Carolina, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, GBC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or you, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GBC's sole discretion.

Governing Law and Exclusive Venue.

These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of laws provisions.

Arbitration.

YOU AND GBC AGREE THAT, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE PRIVACY POLICY, AND/OR REXROTH SHOP WEBSITE SHALL BE FINAL AND BINDING ARBITRATION.

You and GBC agree to submit all disputes between you and GBC arising out of or relating to the Rexroth Shop website, these Terms or the Privacy Statement or the alleged breach or interpretation thereof, to binding arbitration, provided that the foregoing shall not prevent GBC from seeking injunctive relief in a court of competent jurisdiction. Within thirty (30) days after either party has notified the other in writing that it is submitting a dispute to arbitration, three (3) arbitrators shall be chosen under the then current Rules of the American Arbitration Association (“AAA”) pertaining to commercial disputes (“Rules of the AAA”). The arbitration will be held in Mecklenburg County, and will be conducted according to the Rules of the AAA. The arbitration agreement shall be governed by the laws of the State of North Carolina, without regard to its conflicts of law provisions. The arbitration award shall be by a written decision containing findings of fact and conclusions of law shall be final and binding and may be enforced by any court of competent jurisdiction. The party prevailing in the arbitration or other legal proceedings is entitled to recover its litigation costs, including reasonable attorney's fees. In no case shall the arbitrator be authorized to award costs and damages otherwise prohibited herein.

No Assignment.

These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by GBC without restriction. Any attempted assignment by you will be null and void.

Force Majeure.

Any delay in the availability of the Rexroth Shop website or non-performance of the Rexroth Shop website shall not be deemed a breach of these Terms if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers, labor strike or walk-out, act of God, or any other event beyond the reasonable control of GBC or its service providers.

Notices.

You agree that we may provide notices to you of changes to these Terms and/or our Privacy Policy, in one or more of the following ways: (a) a pop-up notice, web banner, push notification or other notification on or through the Rexroth Shop website; or (b) an email or regular mail sent to an address you provide.

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at 1-888-342-2872 or email us at info@g-b-c.us

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