Web Policy

WEBSITE TERMS & CONDITIONS

Effective Date: September 1, 2016

Introduction

This website is owned by NRE Power Systems, Inc. ("NRE”), a Louisiana corporation. NRE provides this website to distribute information about NRE, its goods and services, and to facilitate product and material sales. These Website Terms & Conditions ("Terms & Conditions”) apply to all users of NRE’s website. All content, information, and services, provided on or through this website may be used only in accordance with these Terms & Conditions. NRE’s Privacy Policy and NRE’s Auction Terms & Conditions are part of these Terms & Conditions. "You” and "your,” as used throughout these Terms & Conditions, means all users of and visitors to NRE’s website, and all persons and entities that access the content and information of NRE’s website.

Consent

This website is offered to you conditioned upon your acceptance without modification of these Terms & Conditions. Your use of NRE’s website constitutes your agreement and consent to be bound by these Terms & Conditions. As a condition of your use of NRE’s website, you warrant that you are at least 18 years of age, and you will use this website in accordance with these Terms and Conditions.

Limited License

As a user of NRE’s website, NRE grants you a nonexclusive, nontransferable, revocable, limited license to access and use this website and content for personal non-commercial uses only, in accordance with these Terms & Conditions. NRE may terminate this license at any time for any reason. The use of NRE’s website is prohibited in any jurisdiction that does not give effect to all provisions of these Terms & Conditions. All rights not expressly granted by NRE in these Terms & Conditions are reserved.

Prohibited Activities

The content and information on NRE’s website, including the website architecture, is proprietary property of NRE. You agree to make use of the website in a manner consistent with intended and allowable purposes. You may not use this website in a manner that could damage, disable, overburden, or impair any NRE network or server. You may not block or interfere with any third party’s allowable use of this website.

You agree you will not:

• Modify, copy, distribute, transmit, display, publish, license, create derivative works from, or sell any information, graphics, logos, marks, content, or text obtained from this website;

• Access, monitor, or copy any content or information of this website using any manual process, or using any robot, spider, scraper, or other automated means;

• Violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access to this website;

• Take any action that imposes or may impose an unreasonably or disproportionally large load on the website infrastructure;

• Deep-link to any portion of this website;

• Reverse look-up, trace, or seek to trace any information on any NRE customer or other user of or visitor to this website;

• Frame, mirror, or otherwise incorporate any part of this website into any other website;

• Use any device, software, or routine to interfere with, or attempt to interfere with, the proper functioning of this website or any activities conducted on or through this website;

• Use this website for any unlawful purpose, in violation of any law or the rights of any third party, or in any manner in violation of these Terms & Conditions;

Indemnification

You agree to indemnify, hold harmless, and defend NRE, and its officers, directors, employees, agents, representatives, corporate parent, subsidiaries, and affiliates, from and against all claims, causes of action, demands, damages, losses, fines, penalties, and other costs of any kind, including without limitation reasonable legal and accounting fees, brought by any third party as a result of:

• your breach of these Terms & Conditions,

• your violation of any law or the rights of any third party, and

• your use of NRE’s website and any websites linked to NRE’s website.

LIMITATION OF LIABILITY

YOUR USE AND BROWSING OF NRE’S WEBSITE IS AT YOUR OWN RISK. THE INFORMATION AND CONTENT PROVIDED THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR OTHER ERRORS. ALL INFORMATION AND CONTENT ON THIS WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NRE DOES NOT WARRANT THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL SOFTWARE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT YOUR COMPUTER OR DEVICE IS PROTECTED FROM VIRUSES, MALWARE, AND OTHER HARMFUL SOFTWARE. NRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

IN NO EVENT SHALL NRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CORPORATE PARENT, SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO:

(I) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED ON THIS WEBSITE AND ANY WEBSITES LINKED TO THIS WEBSITE,

(II) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THIS WEBSITE, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE,

(IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY PERSONAL AND FINANCIAL INFORMATION STORED THEREIN,

(V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE,

(VI) ANY VIRUSES, MALWARE, OR OTHER HARMFUL SOFTWARE, WHICH MAY BE TRANSMITTED TO, FROM, OR THROUGH THIS WEBSITE,

(VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR

(VIII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE. SUCH LIMITATION OF DAMAGES SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES CLAIMED OR ALLEGED ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER OR NOT NRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM OR DISPUTE WITH THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN NO EVENT SHALL NRE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, EXCEED THE VALUE PAYMENTS RECEIVED BY NRE FOR YOUR PURCHASE OF ITEMS THROUGH NRE’S AUCTION WEBSITE. THE FOREGOING WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE THESE TERMS & CONDITIONS AND YOUR USE OF THE WEBSITE.

Governing Law

These Terms & Conditions, and your use of NRE’s website, are governed by the laws of the state of Illinois, United States of America, without reference to its conflict of laws provisions. All disputes or claims arising from or in any way related to these Terms & Conditions, the use of NRE’s website, and the information and content provided through NRE’s website, shall be subject to the exclusive jurisdiction and venue of the courts of the state of Illinois. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms & Conditions.

YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF, OR RELATING IN ANY WAY TO, THESE TERMS & CONDITIONS AND YOUR USE OF NRE’S WEBSITE. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT RELATE TO THESE TERMS & CONDITIONS, YOUR USE OF NRE’S WEBSITE, AND THE INFORMATION AND CONTENT PROVIDED THROUGH NRE’S WEBSITE. THIS WAIVER OF JURY TRIAL IS IRREVOCABLE, IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING.

Intellectual Property

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law, rule or regulation, including without limitation those related to copyright and other intellectual property rights. This website and its content are protected by copyrights, trademarks, service marks, and other forms of intellectual property protection.

The text, graphics, and html code contained in this website are the exclusive intellectual property of NRE. The content on NRE’s website, including without limitation the text, scripts, graphics, photos, images, logos, videos, trademarks, and service marks, are owned by NRE, subject to copyright and other intellectual property rights under the laws of the United States of America and international conventions. Content on this website is provided to you for your personal non-commercial use, and may not be used, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any purpose. NRE reserves all rights not expressly granted in and to this website and its content.

• Trademarks

The logos, trademarks, service marks, and trade dress found on NRE’s website are the property of NRE, whether registered or unregistered. Nothing on this website should be interpreted as granting any license or right in these logos, trademarks, service marks, or trade dress including grants based upon theories of implication or estoppel. The NRE logo, trademarks, service marks, or trade dress may not be used by you in any way without prior express written permission from NRE.

• Copyright

All content and materials available through NRE’s website are owned by NRE and protected by copyright law. Copyright © 2016 National Railway Equipment Co. All rights reserved. No part of NRE’s website or its content, including graphics, logos, marks, or text available on this website may be copied, reproduced, translated, distributed, displayed, sold, or reduced to any electronic medium, in whole or in part, with NRE’s express written permission. Distribution for commercial purposes is prohibited.

Entire Agreement

These Terms & Conditions, along with NRE’s Privacy Policy, constitute the entire agreement between you and NRE regarding your use of NRE’s website and its content ("Agreement”). No transmission by you to NRE can modify any provision of this Agreement. Should any part of this Agreement be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No delay or omission by NRE in exercising any right under these Terms & Conditions shall operate as a waiver of such right or any other right. A waiver by NRE of any breach of these Terms & Conditions shall not be construed as a waiver of any future breach. NRE in its discretion may modify any provision of these Terms & Conditions at any time. Revised versions of these Terms & Conditions will be posted here, with an updated revision date.

Contact NRE

If you have questions or comments about NRE’s website Terms & Conditions, please contact:

National Railway Equipment Co.

Attn: General Counsel

PO Box 1416

Mt. Vernon IL 62864

618-241-9270


   

 

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