1.1 This agreement governs your use of RFID Journal, its newsletters, special reports, bulletin boards, job listings and other content (inclusively referred to in this Agreement as "RFID Journal" or the "Journal"). Additional terms and conditions of use applicable to specific areas of the Journal may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as this "Agreement."
1.2 RFID Journal reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Site. Your continued use of RFID Journal constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by RFID Journal as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Site.
1.3 RFID Journal is directed to adults and is not directed to children under the age of 18. RFID Journal complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 18. This requirement will be posted wherever RFID Journal collects data within the Site, such as during the registration process.
1.4 Equipment. Subscribers shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of RFID Journal and all charges related thereto.
2. Use of Content
2.1 You acknowledge that the Site contains information, photographs, white papers, reports, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of RFID Journal or third parties. All Content on the Site is copyrighted as a collective work of RFID Journal pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Users of the Site may use the Content only for their personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of RFID Journal or the owners of such Content or their authorized persons, if other than RFID Journal. You may download from the Site any Content in the public domain for your own personal use or for non-commercial redistribution.
2.3 By signing up to receive content from this site, you agree to receive promotional materials from RFID Journal for additional RFID-related information products and services, such as, but not limited to, executive conferences, webinars, reports, and training.
3. Third Party Content
3.1 RFID Journal aims to be a resource for the RFID industry. As such, we act as a distributor (and not a publisher) of content, including but not limited to reports, white papers, and case studies, supplied by third parties and Subscribers. RFID Journal has does not edit such material and does not exert editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of RFID Journal, are those of the respective author(s) or distributor(s) and not of RFID Journal. Neither RFID Journal nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
3.2 In the case of Op-Ed pieces and other articles, the content available through RFID Journal represents the opinions and judgments of the respective author, Subscriber, or other user not under contract with RFID Journal. The Journal neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on RFID Journal. Under no circumstances will RFID Journal be liable for any loss or damage caused by a Subscriber's reliance on information obtained through RFID Journal. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through RFID Journal. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
3.3 The Journal may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that RFID Journal is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold RFID Journal and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "RFID Journal Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any RFID Journal Party in connection with any use or alleged use of the Site under your password by any person, whether or not authorized by you. RFID Journal reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with RFID Journal's defense of such claim.
5. Termination of Site
RFID Journal reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site, including any Bulletin Boards, Job Listings and Discussion Areas, at any time for any reason without prior notice or liability. RFID Journal may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content (including the News Areas), without prior notice or liability.
6. Disclaimer of Warranty; Limitation of Liability.
6.1 Subscriber expressly agrees that use of RFID Journal is at the subscriber's sole risk. Neither RFID Journal, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that RFID Journal will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of RFID Journal, or as to the accuracy, reliability or content of any information, service, or merchandise provided through RFID Journal.
6.2 RFID Journal is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
6.3 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that RFID Journal is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties and that the risk of injury from the foregoing rests entirely with subscriber.
6.4 In no event will RFID Journal or any person or entity involved in creating, producing or distributing RFID Journal or RFID Journal newsletters, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use RFID Journal. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on RFID Journal.
6.5 In addition to the terms set forth above neither, RFID Journal, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or lack of timeliness or authenticity of, the information contained within RFID Journal, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Prior to the execution of a stock trade, subscribers are advised to consult with your broker or other financial representative to verify pricing or other information. RFID Journal, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, RFID Journal, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
6.6 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of RFID Journal, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
7. Subscriber/visitor Conduct.
7.1 Subscriber/visitor shall use RFID Journal for lawful purposes only. Subscriber shall not post or transmit through RFID Journal any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without RFID JOURNAL's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber/visitor that in RFID Journal's discretion restricts or inhibits any other Subscriber/visitor from using or benefiting from RFID Journal will not be permitted. Subscriber/visitor shall not use RFID Journal to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with RFID Journal.
7.2 Subscriber/visitor shall not upload, post or otherwise make available on RFID Journal any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber/visitor. Subscriber/visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of RFID Journal, Subscriber/visitor automatically grants, or warrants that the owner of such material has expressly granted RFID JOURNAL the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber/visitor also permits any other Subscriber/visitor to access, view, store or reproduce the material for that Subscriber/visitor's personal use. Subscriber/visitor hereby grants RFID Journal the right to edit, copy, publish and distribute any material made available on RFID Journal by Subscriber/visitor.
7.3 Monitoring. RFID Journal shall have the right, but not the obligation, to monitor the content of RFID Journal, including bulletin boards, job listings and forums, to determine compliance with this Agreement and any operating rules established by RFID Journal and to satisfy any law, regulation or authorized government request. RFID Journal shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on RFID Journal. Without limiting the foregoing, RFID Journal shall have the right to remove any material that RFID Journal, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. This Agreement shall be construed in accordance with the laws of the State of New York, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York, NY, the Borough of Manhattan. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Sections 1, 2, 3, 4, 5, 6, 7, and 8 shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.