Terms and Conditions
Welcome to the Reexert web site, which is doing business as reexert.com. The following Terms of Service (“terms of service”) contain the terms and conditions that govern your (also referred as User) use of the Web Site and reexert.com Service. Use of the Reexert Web Site constitutes acceptance of these terms of service. reexert.com is a trademark of Reexert.
Reexert reserves the right to add, delete and/or modify any of the terms and conditions contained in this terms of service, at any time and in its sole discretion, by posting a change notice or a new agreement on the Reexert Web Site.
This terms of service constitutes the entire and only agreement between us and you(user), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings.
Reexert uses other affiliated companies or third parties to provide certain products and services accessible through the Web Site. Reexert does not control those third parties or their services. Users agree that Reexert will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own Terms and Conditions. In case of conflicts between Terms and Conditions, you must comply with Reexert’s terms of service.
reexert.com reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.
Copyright:
All the content including but not limited to: Design, graphics, organization and digital conversion related to site are protected under applicable copyright, trademarks and other property rights. Copying, downloading or redistribution of any such matters or any part of site, except outlined in this terms of service, is strictly prohibited.
User will retain ownership of the content that are used, referred or uploaded by the user during the use of the site. “While using any outside content, user grants following licenses to reexert, the non-exclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell and distribute design in or on products and in advertising, marketing, samples, and promotional materials for reexert.” And the right to make modifications to users’ design. We will not distribute it without prior approval from your side.
User may remove the design, graphics or file, designed or uploaded by the user, at any time during the usage of the website. After the content designed by the user is transferred to the reexert, if user chooses to remove that content, Please notify reexert in writing. Any orders that might have derived from that content will prior to the written notification of termination will fulfilled.
You may remove the Content you designed at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify reexert of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that reexert may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
If user believes that her/his work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (reexertme@gmail.com) following information.
Written document with signature of the person authorized to act on behalf of the owner of the copyright interest.
Detail on material that is claimed as infringed.
Contract information.
Our Agent will quickly act on any such notice received.
Miscellaneous:
These terms of service will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of South Carolina without reference to conflict of law principles. These terms of service will not be assignable transferable by user without the prior written consent of reexert. These terms of service contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understanding between the parties regarding its subject matter. User and reexert are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these terms of service.
Notice:
All notices required or permitted to be given under these terms of service will be in writing and delivered to the other party by any of the following methods:
(a) India mail or Courier
(b) electronic mail. All the notices to reexert should be sent to reexert.com and also hard copy with signature and contact information should be sent to company address.
Dispute Resolution:
In the rare event of dispute, all disputes arising out of, relating to, or connected with these terms of service or your use of any part of the reexert.com service will be exclusively resolved under confidential binding arbitration in accordance with the commercial arbitration rules of JAMS, rather than in court. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. PSI LLC may seek equitable relief, including, without limitation, injunctive relief and specific performance without the requirement of posting a bond or other security or proving damages are insufficient, from a court of competent jurisdiction.
Limitation of liability:
Notwithstanding anything to the contrary in this agreement or otherwise, in no event shall reexert.com and/or its affiliates, employees, agents, representatives, licensors, customers or suppliers be liable for any indirect, punitive, special, incidental or consequential, or any other damages of any kind, arising out of or in connection with this agreement, including, but not limited to, damages for loss of use, data, or profits (however arising, including negligence) even if reexert.com or any of such parties has been advised of the possibility of damages. In addition, without limiting the generality of the foregoing or any other provision in this agreement, in no event shall reexert.com and/or its affiliates, employees, agents, representatives, licensors, customers or suppliers be liable in any respect arising out of or in connection with:
(a) the use or inability to use of the services or member sites,
(b) the provision of or failure to provide services or member sites,
(c) any member content or other information, software, products, services or related graphics obtained or provided through the services or member sites or otherwise arising out of the creation, use or maintenance of the services or member sites,
(d) statements or conduct of member or any third party on or with respect to the services or member sites, or
(e) any domain name disputes arising from or relating to a domain name selected by member for use with the member site
– Disclaimer of warranties
Notwithstanding anything contained herein, member expressly understands and agrees that:
(a) member’s use of the services, including, without limitation, the creation, use and maintenance of the member site, is at member’s sole risk.
reexert.com and its suppliers provide the services, including without limitation all content, software, functions,
materials and information made available on or accessed through the services and the member sites “as is”, where is and as available basis, and without any warranty, representation or condition of any kind, express or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement;
(b) reexert.com and its suppliers make no warranty or covenant or representation and hereby expressly disclaims all warranties and covenants and representations :
(i) that the services or member sites will meet member’s requirements,
(ii) that the services or member sites will be uninterrupted, timely, without down-time, secure or error-free or that defects will be corrected,
(iii) regarding the reliability, accuracy, completeness, validity or truthfulness of any information, material or other content obtained through use of the services or member sites;
(iv)that any information, data, download available on or through hosting servers will be free of infection by viruses, worms, trojan horses, bugs, codes, or anything else manifesting destructive properties, or
(v) that the quality of any products, services, information or other material purchased or obtained by member through the services will meet member’s expectations.
(c) any information, material or other content downloaded or otherwise obtained through the use of the services or member sites, is done at member’s own discretion and risk, and member will be solely responsible for any damage to member’s or third parties computer systems or loss of data that results from the download of any such information, material or other content. Furthermore, reexert.com neither warrants nor makes any representations regarding the use or the results of services and any other software / specification / documentation / application services in terms of their correctness, accuracy, reliability, or otherwise