Terms and Conditions for Graphics
You acknowledge that between you and NetexpressUSA Inc. d/b/a Reliabilityweb.com on behalf of itself and its affiliates (“Reliabilityweb”), Reliabilityweb owns all right, title and interest in and to the requested graphics (“Graphics”) and that you are receiving only a limited, non-exclusive, non-transferable license to use the Graphics for internal purposes pursuant to these terms and conditions. In no event are you permitted to use the Graphics for any commercial purposes under these terms and conditions. You agree to retain any attribution statement(s) present on the Graphics. You understand that Reliabilityweb can notify you at any time that you must cease continued use of the Graphics. Upon receipt of such notification, you shall immediately cease all use of the Graphics. Your continued use of the Graphics more than thirty (30) days after receipt of such a notification from Reliabilityweb may constitute copyright infringement, which can subject you to significant damages, costs and expenses. You understand and acknowledge that, unless specified herein, you have no right to modify or edit the Graphics or to use the Graphics in order to create any content or designs. By giving your email address to Reliabilityweb you agree for Reliabilityweb to use that email address: (a) to provide you with any necessary notices under these terms and conditions; (b) to provide you with information about Reliabilityweb’s product and services offerings; and (c) for forwarding to companies who may also contact you with further information; provided that these companies consist of reputable suppliers of industrial maintenance products, services and training services. These terms and conditions constitute the complete understanding of the parties regarding the subject matter hereof. No amendment, modification or waiver of any provision of these terms and conditions shall be effective unless in writing and signed by both parties. No purchase order will be issued under these terms and conditions, and all terms of any purchase order issued in violation of this provision are hereby rejected by the parties. If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining portions shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these terms and conditions. The laws of the State of Florida will govern these terms and conditions. In the event of a dispute arising out of or related to these terms and conditions, each party will give the other prompt notice of the dispute, and both will meet promptly for good faith discussions to try to resolve the matter. If that fails, such dispute will be resolved by final and binding arbitration before a sole arbitrator, who is an attorney, and will be administered by the American Arbitration Association under its then-current Commercial Arbitration Rules. The decision and award of the arbitrator will be final and binding, and the award rendered may be entered in a court of competent jurisdiction located in Lee County, Florida. The arbitration will be held in Lee County, Florida. The arbitrator must enforce the terms of these terms and conditions and will have no authority to award any damages in conflict with or in excess of the limitations and exclusions set forth in these terms and conditions. YOU UNDERSTAND THAT RELIABILITYWEB MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE GRAPHICS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND RELIABILITYWEB WILL HAVE NO LIABILITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL ARISING FROM THE USE OF THE GRAPHICS. All notices to you will be provided as set forth herein and to Reliabilityweb shall be in writing sent to Reliabilityweb, Chief Financial Officer, 8991 Daniels Center Dr., Suite 105, Fort Myers, FL 33912.