RzWeb - Terms and Conditions

RzWeb
TERMS and CONDITIONS of USE
PLEASE READ CAREFULLY Terms of Use:
This Portal is licensed for your personal or professional use and may not be resold or provided to others without written consent from Recognin. If you are a competitor of Recognin you may not in any way use or access this site or any technology owned or developed by Recognin. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information. BY BECOMING A USER OF Recognin.com OR UTILIZING THE SYSTEM, THE USER HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ AND FULLY UNDERSTANDS THIS AGREEMENT AND THE TERMS OF USE AND AGREES TO ALL OF ITS TERMS AND CONDITIONS AND IS A LEGAL AGREEMENT BETWEEN THE USER AND RECOGNIN. THE ELECTRONIC ACCEPTANCE (SELECTING “AGREE”) AND THE SUBSEQENT USER SET UP IS AGREEMENT TO THESE TERMS. You may not become a user if you do not agree to these terms and conditions.

1. GENERALLY
(a) This Agreement sets forth the terms and conditions which apply to the use of the Recognin service RzWeb by USER. A USER is any valid user of the Recognin RzWeb an Electronic Component Industry Supply Chain Management and Distribution Portal for use by only electronic component industry professional involved in the sale, procurment, distribution or other activities specifically related to this activity unless authorized by Recognin. No representation, warranty, term or condition, other than as specifically set forth in this Agreement, shall be binding on Recognin. An online version of this Agreement will be accessible from the Recognin home page.
(b) USER warrants that he/she is at least 18 years of age and an electronic component industry professional whose RzWeb purpose and activities are specific to that industry.
(c) Recognin shall have the right at any time to change or discontinue any aspect or feature. Either Recognin or USER may terminate the service to USER at any time. Recognin shall have the right to add to, modify or delete any provision of this Agreement, and Recognin has the right to add to, modify or delete any other terms of use at any time.
(d) USER is responsible in all respects for all use of USER'S Account and all use by others of USER'S Account. USER will ensure that all use of USER'S Account complies fully with the provisions of this Agreement and all terms of use.
(e) USER hereby agrees and acknowledges that user(s) is not in any way considered an employee of Recognin and as such operates independently.
(f) USER hereby acknowledges that this Portal is provided only to users deemed compliant with these term and conditions, registration agreement and Recognin payment policy.
(g) Transfer of the Account by USER to any other person or entity is prohibited. Use of the system by anyone other than the USER is prohibited.

2. USERSHIP
(a) USER acknowledges this fee based service is subject to termination for violations of any Recognin written policies during or after the trial period. The RzWeb fee schedule includes Portal access and the secure USER database fees subject to size limitations.
(b)RzWeb's Electronic Component Industry Supply Chain Management and Distribution Portal is fully customizable as specified by USER. Customizations are subject to Recognin hourly development rates and provided to USER in the customization estimate. Rates are subject to change and customization quotes are valid for 30 days. USERS may be subject to customization deposits, prepayments and percentage of completion payment schedules.

3. USER CONDUCT
(a) USER shall not post or transmit through RzWeb any material that constitutes unsolicited emails or as otherwise referred to as "Spam."
(b) USER shall use the RzWeb system for lawful purposes only and in accordance with this Agreement. USER shall not upload, post, transmit or otherwise make available on or via the Recognin system any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
(c) USER shall not upload post, transmit or otherwise make available on or via the RzWeb system any material protected by copyright, trademark, patent, trade secret or other proprietary right in a manner that infringes or violates any such right.
(d) The RzWeb system contains copyrighted material, trademarks and other proprietary information, and the entire content of the Recognin.com RzWeb online system is copyrighted as a collective work under the United States copyright laws. Except as granted herein or as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of Recognin and, where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made.
(e) USER will not resell the Recognin service, or any portion thereof, or otherwise charge others to use Recognin, or any portion thereof. Further, USER will not redistribute Recognin, or any portion thereof, whether or not USER receives compensation for such redistribution.
(f) USER acknowledges that USER is responsible for and assumes all risks with respect to whether materials uploaded, posted or otherwise made available on or via Recognin.com's RzWeb through USER'S Account that may violate any laws or rights.
4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(a) USER agrees that the Recognin system is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to express or implied warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. USER further agrees that all use of the Recognin system (including but not limited to access and use of content, information, services, purchase of merchandise and services, and the transmission of information by and to USER) is at USER'S sole risk.
(b) Recognin is an “Electronic Component Industry Supply Chain Management and Distribution Portal” provider. This Website acts as a portal for USER's to conduct their business. Recognin is not involved in the sale of electronic components and has no control over the quality, safety or legality of RzWeb USERS. USER assumes all risks associated with any and all electronic component industry activities.
USER hereby acknowledges that he/she is not in any way considered to be an employee of Recognin and hereby accepts all risks unconditionally and without recourse to Recognin or its affiliates.
(c) Recognin is an internet based service and as such is subject to all of the uncertainties caused by computer malfunctions, server viruses, electrical failures, vandalism, corrupted Portal, corrupted data and a multitude of other technical difficulties that are peculiar and unique to the internet. Even though Recognin takes reasonable precautions to prevent such technical difficulties it makes no warranties or guarantees of operations free of such unknowns. Such technical difficulties could affect assignment delivery, accounting reports and data preservation. Each customer is advised to maintain their own records of assignments, order dates and training information off site to assure safety and security of their information.
(d)Data Security is a standard priority of Recognin. Recognin maintains an offsite database backup for all USERS as evidenced by and restricted to the last database backup notification received by user, but Recognin does not guarantee said backup data is free of any internal sabotage, intentional or unintentional data manipulations or other USER related actions. This database backup does not include Recognin billable time to restore said database for USER.

5.WEBSITES AND COOKIES
In order to enhance RzWeb interactions, we use session base cookies to quickly identify your web browser. These cookies are temporary and disappear when the browser is closed, but we also use persistent based cookies that remain even after closing the browser. Setting you browser to not accept cookies will prevent you from utilizing RzWeb.

6. USER SUBMISSIONS
(a)USER is responsible for his/her own communications and is responsible for any consequences of those actions. By using the RzWeb, USER agrees to refrain from the following: posting material that are copyrighted, unless USER is the copyright owner or has the permission of the copyright owner to post it; post material that reveals trade secrets, unless USER owns them or has permission of the owner; posting material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; posting material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; posting sexually-explicit images or statements; posting advertisements or solicitations of business; posting chain letters or pyramid schemes; impersonations of another person; or posting material that contains viruses, worms, or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
(b) Recognin does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorses any opinions expressed by users. USER acknowledges that any reliance on material from other users will be at his/her own risk.
(c) Recognin may act as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Recognin may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Recognin has no liability or responsibility to users for performance or nonperformance of such activities. Recognin reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. Recognin may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Recognin or may cause Recognin to lose (in whole or in part) the services of its ISPs or other suppliers.
(d) By submitting content to any public or nonpublic area of the Web Site, including message boards, forums, contests and chat rooms, USER grants Recognin and its affiliates the loyalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. USER also warrants that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to USER the right to grant the license stated above. USER also permits any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
(e) RECOGNIN DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF USER'S USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RECOGNIN IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RECOGNIN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, PORTAL, TEXT, GRAPHICS, AND LINKS.
(f) IN NO EVENT SHALL RECOGNIN, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. INDEMNIFICATION
USER agrees to defend, indemnify and hold harmless Recognin from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Recognin Rzweb system by USER or otherwise arising out of the use of USER'S account.

8. USE AND UPDATES OF INFORMATION
When USER registers for the Website, he/she will be asked to provide Recognin with certain information including, without limitation, a valid email address. In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site. Recognin will not disclose to any third party your name, address, e-mail address or telephone number without USER’S prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Recognin reserves the right to offer Recognin services and products to customize your RzWeb account. Please see Recognin's Privacy Policy for further details.
Each USER accepts full responsibility for modification of USER information, including changing status of distributions email addresses, distribution methods and turning on or off other online systems. Users agree not hold Recognin liable for changes in their information, which is under the full and entire control of the User.

9. PROGRAM DURATION AND GUARANTEES, PAYMENTS
USER'S active registration period begins when they are given a username and password and continues until canceled by Recognin or User. Canceled or terminated accounts are responsible for any and all outstanding fees, expenses to transfer database files and any outstanding amounts due Recognin. User is required to advance to Recognin said amount prior to Recognin initiating work on User's behalf.

10. SUPPORT
Support related issues can be resolved by contacting Recognin’s RzWeb Support via email at support@Recognin.com. You may also view the FAQ section when logging in.

11. DISPUTE RESOLUTION AND GOVERNING LAW
This contract shall be governed by the laws of the State of North Carolina. In the event that any dispute arises between Recognin and USER with respect to the services performed by Recognin or any loss or damages claimed by USER, including but no limited to the validity of enforceability of this Contract, the exclusive forum to adjudicate such dispute shall be before a single arbitrator selected by the Recognin, which arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding. In such arbitration, the prevailing party shall be entitled to an award of its costs and reasonable attorney's fees.

12.AUTHORIZED USERS
User will provide Recognin with an Administrative contact with the responsibility of directing Recognin Support and authorizing billable work on any and all account related matters. This designee will authorize customizations and any other billable or non billable account related requests.