This document describes the Terms and Conditions under which you may use the website www.RSES.org. Please review this document carefully and if you opt not to accept the Terms and Conditions, do not use this website or information contained within. By visiting www.RSES.org, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. The Refrigeration Service Engineers Society (RSES) maintains the right to revise these Terms and Conditions at any time by updating this document. The terms "you" and "user" as used refer to all individuals and/or entities accessing this website for any reason.
Use of www.RSES.org Content
The contents of this website, and of all other websites under RSES control, such as text, graphics, images, logos, button icons, software and other website content (collectively, "website content"), are protected under both United States and foreign copyright, trademark and other laws. All website content is the property of RSES or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of RSES and protected by United States and international copyright laws. Unauthorized use of the website content may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, service-mark and other proprietary notices contained in the original website content on any copy you make of the website content. You may not sell or modify the website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way except as provided for in our database license provision. The use of the website content on any other website or in a networked computer environment for any purpose is prohibited without the express written permission of RSES.
You shall not copy or adapt the code that RSES used to create the website to generate any website content, including the pages making up the website.
Acceptable Website Use
Visitors may not use the RSES website in order to transmit, distribute, store or destroy material, including without limitation website content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Security Rules
Users are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the RSES website, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. RSES will investigate instances that may involve such violations. The Society may also involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses
The website may be used only for lawful purposes by industry companies, service providers and RSES members and affiliates. RSES specifically prohibits any use of the website for any of the following:
Posting false or inaccurate biographical information or other information that is not an accurate representation of your company or personal profile.
Posting pyramid schemes or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents.
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on this site.
Taking any action that imposes an unreasonable or disproportionately large load on the website's infrastructure.
Disclosing any legitimately assigned password allowing access to a non-public area of this website with any third parties or using your password for any unauthorized purpose.
Attempting any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the RSES website other than the search engine and search agents available from the Society on www.RSES.org.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of www.RSES.org.
Aggregating, copying or duplicating in any manner any of the website content.
Framing of or linking to any of the website content or information available from www.RSES.org without written permission from the Society.
Member Area/User Information
RSES and the website act as a passive conduit for the online distribution and publication of member-submitted profile information and has no obligation to screen communications or information in advance. If notified by a user of information which allegedly do not conform to these Terms and Conditions, RSES may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the information. RSES accepts no liability or responsibility to users for performance or nonperformance of such activities. The Society also reserves the right to expel users and prevent their further access to the website for violating the Terms and Conditions or the law and the right to remove information which is abusive, illegal or disruptive. RSES 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 the Society or potentially cause RSES to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of www.RSES.org, including message boards, forums, contests and chat rooms, website visitors are granting RSES the royalty-free, perpetual, irrevocable, sublicenseable (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. You also warrant 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 you the right to grant the license stated above. You also permit 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 website retains any and all rights that may exist in such content.
We welcome comments from www.RSES.org visitors regarding our website and our services. Ideas, drawings, concepts, inventions, or other information (collectively "submissions"), shall be the property of RSES. None of the submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any submissions. The Society shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to visitors or any other person who submitted the submissions.
Member Area/Registration and Password
You are responsible for the accuracy and content of your profile information and confidentiality of your password(s). You shall be responsible for all uses of your registration, whether or not you authorized the registration. You also agree to immediately notify the Society of any unauthorized use of your registration or password.
Termination of Users Who Repeatedly Infringe the Copyright or Other Intellectual Property Rights of Others
RSES asks that all visitors to www.RSES.org respect the intellectual property of others. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition of using this website, visitors agree not to use www.RSES.org to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our website of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
Liability Issues
This website acts as a venue for RSES members and visitors. Because user authentication on the Internet is a difficult process, the Society cannot and does not confirm that each user is the person they claim to be, specifically within message boards and other posted information.
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through www.RSES.org. Other people's information or opinions may be offensive, harmful or inaccurate, and in some cases might be mislabeled or deceptively labeled. We expect that all visitors will use caution and common sense when using this website or other websites linked to www.RSES.org.
The website content may contain inaccuracies or typographical errors. RSES makes no representations about the accuracy, reliability, completeness, or timeliness of any website content. The use of the website and the website content is at your own risk. Changes are periodically made to the website and may be made at any time.
You acknowledge and agree that you are solely responsible for the content and accuracy of any profile or material contained therein by you on www.RSES.org. Profile owners are solely responsible for their postings on the website.
RSES DOES NOT WARRANT THAT ANY OF WWW.RSES.ORG WILL OPERATE ERROR-FREE OR THAT ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY OF WWW.RSES.ORG OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RSES IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RSES, 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. RSES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL RSES, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON ANY OF THE WEBSITE 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 ANY OF WWW.RSES.ORG AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RSES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The website contains links to third party websites. These links are provided solely as a convenience to visitors and not as an endorsement by RSES of the contents on third-party websites. RSES is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites.
No Resale or Unauthorized Commercial Use
Visitors and RSES members agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the website.
Termination
RSES reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information from this website and immediate termination of your registration with or ability to access this or any other service provided by the Society, upon any breach of these Terms and Conditions. Similar penalties apply should RSES be unable to verify or authenticate any information you submit to www.RSES.org.
Indemnity
Site visitors and RSES members agree to defend, indemnify and hold harmless the Society, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to www.RSES.org, (ii) any website content that you use or (iii) any breach on your part of terms of these Terms and Conditions.
General Terms
RSES makes no claims that the website content may be lawfully viewed or accessed outside of the United States. If a visitor accesses www.RSES.org from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Illinois without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Illinois. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. No changes to these Terms and Conditions shall be made except through a revised posting on this page.
Additional Terms of Use
Certain areas of the website are subject to additional terms of use as described herein. By using such areas, or any part thereof, you agree to be bound by the terms of use applicable to such areas as described in this “Terms and Conditions of Use” document.