Effective Date: November 1, 2010
Please read this Terms and Conditions of Use Agreement (this “Agreement”) carefully before using www.CHIEFENGINEER.org (the “Site”).
Please read both of these documents very carefully. Your acceptance of this Agreement and the payment of any applicable fees shall provide you with a limited, temporary and non-exclusive license and permission to use the software and other resources of the Site. This limited, temporary and non-exclusive license and permission are freely revocable at any time, for any reason whatsoever, and with or without notice, by the Chief Engineers Association, Inc. (the “Company”), as described more fully below. If you do not agree to this Agreement, please do not use the Site. Please print a copy of this Agreement for your records.
1. Intellectual Property. Excepting User-Provided Content (as defined below), all information, content, services and software displayed on, transmitted through, or used in connection with the Site, including for example and without limitation text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos and the like, as well as its selection and arrangement (collectively, the “Content”), is owned by the Company, and/or its affiliated companies, licensors and/or suppliers. You may use the Content online only, and solely for your personal, non-commercial use. If you operate a website and wish to link to the Site, you may do so upon written notice to the Company, provided you agree to immediately cease such link upon request from the Company. No other use is permitted without prior, written permission of the Company. The permitted use described in this section is contingent on your compliance at all times with this Agreement, Subject to any applicable end-user license agreement(s) which accompany any downloads from the Site, you may not (i) republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache, (ii) distribute any Content to others, whether or not for payment or other consideration, (iii) modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content, or (iv) scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way, and not to use any data mining, data gathering or extraction method. Requests to use Content for any purpose other than as expressly permitted in this Agreement should be directed to [email protected] Subject Heading: Infringement Complaints.
2. Copyright Infringement. The Company respects the intellectual property of others. If you believe your work has been copied in a way that constitutes an infringement or are aware of any infringing material on the Site, please contact the Company at [email protected] In accordance with the Digital Millennium Copyright Act and other applicable law, it is the policy of the Company to, under appropriate circumstances, terminate the account or otherwise restrict the access of any user who is deemed to infringe third-party intellectual property rights and/or remove any allegedly infringing content.
4. User-Provided Content. All user-provided or user-generated content (collectively, “User-Provided Content”) remains the property of the submitting user. The previous notwithstanding, by providing information to, communicating with, and/or placing material on the Site, you represent and warrant that, in consideration of being allowed to use the Site and for other good and valuable consideration of which you acknowledge the receipt and sufficiency, you unconditionally grant the Company an irrevocable, non-exclusive, royalty-free license to use the User-Provided Content (in its entirety, or as edited in the sole discretion of the Company) for any commercial or non-commercial purposes whatsoever throughout the universe in perpetuity. You acknowledge and agree that all rights in this section are granted without the need for additional compensation of any sort to you and that you are waiving any claim against the Company arising directly or indirectly out of the User-Provided Content including, without limitation, the right to any additional compensation or for the alleged violation of any moral rights. The Company may sell, assign and/or license any of its rights under this section.
5. Unsolicited Material and Ideas. You acknowledge and agree that if you send any unsolicited materials or ideas to the Company (through the Site or otherwise), you do so with the understanding that no additional consideration of any sort will be provided to you and that you are waiving any claims against the Company and its affiliates regarding the use of such materials and ideas, even if substantially similar or identical to the idea you sent.
6. Chat Rooms, Message Boards and the Like. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted via chat rooms, message boards and the like (the “Chat Content”), is the sole responsibility of the person from whom such Chat Content originated. This means that you, and not the Company, are entirely responsible for all Chat Content that you upload, post, email, transmit or otherwise make available via the Site and its chat rooms, message boards and the like. The Company does not control the Chat Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Chat Content. You understand that by using any chat rooms, message boards and the like on the Site, you may be exposed to Chat Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Chat Content, including, but not limited to, any errors or omissions in any Chat Content, or any loss or damage of any kind incurred as a result of the use of any Chat Content posted, emailed, transmitted or otherwise made available via the Site. You acknowledge that the Company may or may not pre-screen Chat Content, but that Company shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Chat Content that is available via the Site. Without limiting the foregoing, the Company shall have the right to remove any Chat Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Chat Content, including any reliance on the accuracy, completeness, or usefulness of such Chat Content. Furthermore, the Company encourages you to use your best judgment when providing Chat Content to protect your safety. To that end, the Company discourages you from divulging phone numbers, addresses, or other information that can be used to identify or locate you.
7. Prohibited Activities. Without limiting the other provisions of this Agreement in any way, you agree to not use the Site to:
upload, post, email, transmit or otherwise make available any Chat Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;harm minors in any way; impersonate any person or entity, including, but not limited to, a Company or Site official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Chat Content transmitted through the Site; upload, post, email, transmit or otherwise make available any Chat Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Chat Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to the Immigration and Nationality Act; “stalk” or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge, consent and agree that the Company may access, preserve and disclose your account information, User-Provided Content, Chat Content and otherwise if required to do so by law, or in a good faith belief (as determined in the Company’s sole discretion) that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process, such as a court order, search warrant, or subpoena; (ii) enforce this Agreement; (iii) respond to claims that you have violated the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company, Site users and the public.
8. Communications with Third Parties Through The Site. Your dealings or communications through the Site with any party other than the Company are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or utilize the offerings of third parties (e.g., through “plug-ins” and the like). Under no circumstances will the Company be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party, not the Company. During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. The Company is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
9. Transactions and e-commerce on our site. During your visit to the Site you may elect to engage in a transaction involving the purchase of a product or service. To serve you most efficiently, credit card transactions and order fulfillment may be handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about the safety of online financial transactions, in most cases a telephone number will be made available so you can call us and place your order by phone. The Company cannot take responsibility for the success or security of transactions undertaken or processed by third parties. On occasion, a product or service may not be available at the time or the price as it appears or is promoted. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to error, you agree that the Company is not responsible for such errors or discrepancies.
10. General Disclaimer and Limitation of Liability. While the Company uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. The Company does not represent or warrant that use of any Content will not inadvertently infringe rights of third parties. The Company cannot and does not monitor or manage all User-Provided Content and has no responsibility for actions of third parties or for User-Provided Content or content otherwise provided or posted by others. Use of the site is at your own risk. All content is provided “as is” and “as available”. Neither the company nor any of its affiliated or related companies, nor any of the past, present or future employees, officers, agents, content providers or licensors of any of the foregoing (collectively, the “Released Parties”), makes any representation or warranty of any kind regarding the site, the content, any advertising material, information, products, or services available on or through the site and/or the results that may be obtained from use of the site or such content or services all express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties that the site will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. The released parties are not responsible for liable for user-provided content or content which is otherwise posted by third parties. Actions of any third party, or for any damage to or virus that may infect your computer equipment or other property.
The company reserves the right to alter the content of the site in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.
In no event shall the released parties be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content of the site, user-provider content or any errors or omissions in the content, even if advised of the possibility of such damages. In no event whatsoever shall the released parties be collectively liable for any damages, losses or causes of action arising under this agreement in excess of ONE HUNDRED DOLLARS (US $100.00). Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of the released parties shall be limited to the maximum extent permitted by law.
11. Indemnity. You agree to indemnify, defend and hold the released parties harmless from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement. Damages and costs (including but not limited to, attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) Your use of the site; (2) The Company’s use of any user-provided content that you provide; (3) Information or material posted or transmitted through your membership account, even if not posted by you; and, (4) Any violation of this agreement by you.
12. International Users. The Site is controlled, operated and administered from within the United States. The Company makes no representation that materials, Content, User-Provided Content or Chat Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the anything contained on or within the Site in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
14. Contact Us. To contact the Company:
CHIEF ENGINEERS ASSOCIATION
4701 Midlothian Turnpike
Crestwood, IL 60418
Email: [email protected]
Copyright © 2010, Chief Engineers Association, Inc. All rights reserved.