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Terms and Conditions 1 About Us The website (the “site”) of Gorbel (Tianjin) Crane Co., Ltd. (“Gorbel”) is operated by Gorbel. “You” and “The User” in this Agreement refer to the distributors authorized by Gorbel or the customers of the distributors authorized by Gorbel. 2 Purpose of The Agreement This User Agreement, the Privacy Statement and other policies (the “Agreement") posted on this site are the terms upon which we provide you with the services of the site for use and access. Through this agreement you will be aware of the activities permitted and prohibited by this site, measures to deal with the problem and other important information. Please read this agreement carefully. If you use this site, you are deemed to have entered into a legally binding agreement with Gorbel. If you do not accept this agreement, please do not use this site. 3 Qualification Only authorized "users" are allowed to access secure web pages within the site. For users who have been audited and authorized by Gorbel, the operations department of this site will create and provide you with the username and initial password for login. 4 Account Safety You should immediately change the initial password to a higher security password that meets the password complexity requirements after you have obtained the username and initial password for logging in to the site. Users should strictly keep this password and use it alone. Users must not directly or indirectly disclose or allow others to use the account and password to any person or organization other than the user himself. If you provide the above information to a third party, Gorbel reserves the right to pursue the resulting losses and liabilities. Similarly, you may not use another person's account to access this site. If you use a non-authorized account to access this site, Gorbel is also entitled to pursue any loss or liability arising therefrom. The login account of this site may not be given, borrowed, rented, transferred or sold or licensed to others to use in other ways. If you have lost your account information due to personal reasons, you need to retrieve your account information. You can contact Gorbel to file an account complaint and provide the corresponding information. Whether the appeal is successful depends on the information you provide. 5 Usage Rules User promise and agree to access and use the site in accordance with this Agreement in a lawful manner. You agree not to carry out any of the following activities: a) Unauthorized access or attempt to access or damage any part of this site or related system or network b) Decompose, decode or reversely develop this site or any part thereof, or create derivative works based on this site or any part thereof, or attempt to engage in similar activities prohibited by applicable law; c) Submit all or part of the content (including subject matter and source code) of this site in any form or otherwise to any person without the prior written permission of Gorbel; d) Use this site (or any part thereof) in any unlawful manner or in violation of this Agreement for illegal purposes, or to implement any fraud or other malicious conduct, including but not limited to intrusion into this site (or the URL of the link to this site) or any operating systems or implant malicious code, including viruses or harmful data; e) Infringement of the intellectual property rights of Gorbel or any third party when accessing and/or using this site; collecting information about users of this website. Collect user information on this website, or use automated means to access site or the Gorbel systems, or attempt to decipher any content or extract any content from the server running the site. f) Develop, support or use software, equipment, scripts or any other means or process (including crawler software, browser plug-ins or any other technical or manual work) to retrieve this site or otherwise copy user information and other data from this site; g) Use this site for commercial purposes without the prior written permission of Gorbel; h) Ask for someone else's login information or visit someone else's account; i) Remove any copyright, trademark or other proprietary notices contained in this site. 9 Use the Website The site contains confidential and proprietary information of Gorbel, including but not limited to product pricing, proprietary drawings, product comparisons, product specifications, customer service information and other Gorbel business information (the "Confidential Information"), which the User agrees to keep confidential and not to use for any purpose other than the purchase and sale of Gorbel products consistent with its status as an authorized User and the requirements of this Agreement. The User may use the Confidential Information from the secure pages solely for the purpose of assisting the User in its efforts as either an authorized dealer or customer of Gorbel products and for no other purpose. Any and all Confidential Information in digital, documentary or any other form in your possession as a User at any time shall be delivered to Gorbel Tianjin office (No. 58 13th Street TEDA Tianjin, China), including all copies thereof, upon the termination of User’s business relationship with Gorbel for any reason, or at any such time as may be requested in writing by Gorbel. Any communication in connection with any Confidential Information accessed through the Site must be contacted in writing with the relevant responsible person designated by Gorbel. Gorbel will do its utmost to ensure that the site is functioning properly, to avoid interruptions in service or to keep interruptions in the shortest possible time, to ensure that users operate smoothly on the site. However, if the site crashes or becomes unusable due to force majeure or other reasons beyond Gorbel's control, Gorbel will not be responsible for the user's inability to access the Gorbel webpage or lose relevant information, records, etc.; as any user provides to Gorbel incorrect or incomplete or untrue information, etc., causing users to be unable to use the site services or suffer any other losses, has nothing to do with Gorbel. 10 Applicable Law and Jurisdiction User acknowledges and agrees that the Confidential Information is proprietary to Gorbel, is secret and is disclosed by Gorbel on a "need to know" basis, is not known to the general public, is not readily ascertainable from a public source and was developed through the expenditure of substantial resources for the express purpose of providing Gorbel and its authorized dealers and distributors with a competitive advantage in the marketplace. Accordingly, irreparable harm to Gorbel will result from any improper use or disclosure of any Confidential Information and in the event of any such improper use or disclosure of Confidential Information, Gorbel shall be entitled to seek equitable relief, other legal remedies including but not limited to litigation. User hereby agrees to maintain in strict confidence and not to disclose to any third party, nor to use except for the benefit of Gorbel, all or any part of the Confidential Information. Any use of Confidential Information to reverse engineer or otherwise manufacture or design products identical or similar to Gorbel’s products is strictly prohibited without the express, prior written consent of Gorbel. These obligations are continuing and shall continue with respect to any Confidential Information from the date you access the Gorbel Site. It is expressly acknowledged and agreed that this Agreement conveys no rights whatsoever under any Gorbel intellectual property, including but not limited to any patent, trademark, copyright or mask work of Gorbel and no warranty or indemnification whatsoever as to the use of any such Confidential Information is impliedly or expressly given. This Agreement applies to all relevant laws of the People's Republic of China. You and Gorbel agree that the agreement is signed at Teda Tianjin, China. In the process of performing the contract, if there is a dispute between the two parties, it shall be settled through consultation; if the negotiation fails, the two parties shall settle the case with the People's Court with jurisdiction over the place where the agreement is signed. Gorbel shall be entitled to recover all costs and expenses incurred in connection with the enforcement of the terms and conditions of this confidentiality agreement, including but not limited to legal fees, notary fees, etc. 11 Others You may not assign this Agreement or assign the License to others unless Gorbel's prior written consent is obtained. Either party waives any breach of contract or non-performance under this Agreement, it shall not be deemed to waive any breach of contract or non-performance that occurred before or after it. If any provision of this Agreement is declared to be invalid or unenforceable by any court of competent jurisdiction, such decision will not affect the other provisions of this Agreement, all of which shall remain fully enforceable in accordance with their respective terms, and this Agreement shall be interpreted as if such offending provision was omitted. This Agreement shall be effective on the date User evidences its consent by clicking the "I Accept, and I want to login now" button below. 12 Contact Us If you have any questions about this Agreement, please contact us at Gorbel (86-22) 59822288.
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Copyright © 2016 Gorbel Inc. All rights reserved. No part of this document may be reproduced, transmitted, transferred, lent, rented, stored in a retrieval system, modified or translated, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the express written permission of Gorbel Inc.
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