(“Owner”, “we”, “us”) provides access to the Website, including the public forum (“Forum”) available on the Website, to Members of the Website (“Members”, “Member,” or “you”].
Changes to the Terms and Conditions
We reserve the right to change these Terms and Conditions at any time, without prior notice, but will notify you of material changes by posting the modified Terms and Conditions on the Website. We may also provide notice to you in other manners in our discretion, such as through contact information you have provided. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions unless otherwise specified. Your continued use of the Website after the effective date of the revised Terms and Conditions will serve as an acknowledgment of your consent to those changes.
By continuing to use the Website after we post any changes to the Terms and Conditions, you accept and agree to them. Our decision to modify the Terms and Conditions will be made in our sole discretion and such decision is not subject to review. You are responsible for being informed of the Terms and Conditions and any changes to them. You are strongly encouraged to review the Terms and Conditions periodically, as ignorance of changes to them shall be no excuse for violating them.
By using the Website, you acknowledge that:
1. It is impossible for us to confirm the validity or accuracy of third-party posted messages on the Forum.
2. We do not actively monitor all posted messages on the Forum and shall not be responsible for such content.
3. We do not warrant the accuracy, completeness, usefulness, or safety of any third party information provided on the Forum.
4. Should information posted by third parties on the Website expose persons to injury or damage to property, users of such information shall be responsible for any injury or damage resulting therefrom and waive any related claims against us.
5. Anyone who believes that a posted message in the Forum is objectionable or in any way violates these Terms and Conditions may notify the administrator of this forum at: [email protected]
You may not access the Website unless you agree to abide by these Terms and Conditions. Once you register as a Member, you must select a username. You are advised to choose wisely and select a username that is appropriate by broadly accepted security standards. Whether or not a selected username is acceptable shall be determined in our sole discretion. You agree that a decision to reject or disallow the use of a chosen username is final and shall not be subject to any form of review. Usernames that contain any form of a third party trademark, domain name, company name, product name, or objectionable content are not permitted.
Upon registration, you must also select a password. You are advised not to give your password to any other person. You shall be held strictly responsible for any violations of the Terms and Conditions perpetrated by any other person using your username and password. You agree that you will never use another’s account to post messages on or browse the Forum.
Upon registration, you will be asked to complete a profile. Some responses are mandatory and others are optional. You represent and warrant that any information submitted, whether mandatory or optional, will be accurate and appropriate. Any information that we deem to be inaccurate, vulgar, obscene, or otherwise unacceptable will be removed without notice, and you may be suspended from posting on the Website until we are satisfied that you will abide by the Terms and Conditions going forward. We have the sole discretion to determine whether or not you have violated the Terms and Conditions.
The Website is the private property of Owner, and you have no ownership interest in the Website by accessing it or by becoming a Member. All decisions regarding the membership and operation of the Website rest in our sole discretion.
You agree that all information submitted at the time of your registration as a Member of the Website is accurate, and it is your responsibility to keep that information current. If we have grounds to believe your registration data is untrue, inaccurate or incomplete, we may suspend or terminate your account. It is your responsibility to maintain the confidentiality of your account information.
The Website is intended for use by adults at least 18 years of age or older. Persons who are under the age of 13 may only use the Website with legal parental or guardian consent. By using this Website, you represent and warrant that you are at least 13 years of age or older, or you possess legal parental or guardian consent, and are fully able and competent to enter into these Terms and Conditions. Pursuant to applicable law, we do not knowingly collect any personally identifying information about anyone under the age of 13.
No Unlawful or Prohibited Use
The general intent of the Website is to afford the opportunity for Members to exchange information and ideas. By accessing the Website, you agree not to use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You agree that you will not upload, post, email, transmit or otherwise make available any content on the Website that is unlawful, harmful, hateful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights, in violation of third party intellectual property rights, or otherwise objectionable.
You agree not to upload, post, email, transmit or otherwise make available on the Website any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. As the provider of the Forum, we are not liable for any statements, representations or content provided by Members. Any opinions, advice or recommendations expressed on the Website are those of the Members providing such content and not ours. We do not endorse any content, opinion, recommendation or advice expressed on the Website.
It is not our intent to discourage Members from taking controversial positions or expressing what may be unpopular views. However, we reserve the right to take action as we deem appropriate in cases where the Website is used to disseminate statements that contravene the Website’s Terms and Conditions.
You agree not to use the Website to “stalk” or otherwise harass or harm another person. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent an affiliation with any person or entity or collect or store personal data about others in connection in contravention of these Terms and Conditions. Further, you agree not to disguise the origin of any content transmitted through the Website or upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or regulation or under contractual or fiduciary duties.
You also agree not to upload, post, email, transmit or otherwise make available on the Website any content that infringes any patent, trademark, trade secret, copyright or other personal or proprietary rights of any party. If we believe material posted on the Website may be in violation of the Terms and Conditions, we may remove such material without notice and require you to show documentation sufficient to establish whether or not the material was properly posted. After reviewing the situation, the decision of whether to “re-post,” or to allow the “re-posting” of material removed from the Website will rest in our sole discretion.
Further, you agree not to not 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. You agree not to use the Website in any manner that could damage, disable, overburden, or impair any of our servers or network connections, disobey any requirements, procedures, policies or regulations of networks connected to the Website, or interfere with any party’s use and enjoyment of the Website. You agree not to intentionally or unintentionally violate any applicable local, state, national or international laws when accessing the Website. If it is determined that you have violated any of these Terms and Conditions, you may be barred from accessing the Website and we may pursue any available remedies.
You agree that you will not solicit or promote any products, services or other websites by posting direct links of any sales pages of any products on the Website. Discussions of products and services and links to Technical Data or MSDSs are permitted, provided that such discussions follow the topic discussed in the Forum. You agree not to self-promote (either in postings or in member profiles or in user names) for personal or business gain on the Website unless previously approved by us. You agree that you will not use information supplied within the Website to solicit or promote any products or services via email or any other method. You further agree not to gather public email addresses from Member profiles for the purpose of spamming or soliciting Members in any other way. Any posts uploaded to the Forum become an integral part of it, and upon posting, our property.
Copyright Infringement Notification Information
Pursuant to the Digital Millennium Copyright Act (the “DMCA”), we will respond to notices of copyright infringement that comply with applicable law. If a copyright holder believes that there has been a violation of his/her copyright on the Website, the copyright holder may request that we remove or disable the material by submitting written notification to our Copyright Agent (designated below). In accordance with the DMCA, the written notice must include substantially the following:
1. A signature (physical or electronic) of a person authorized to act on the copyright owner’s behalf;
2. Identification of the copyrighted work that is claimed to have been infringed, or, if the claim involves multiple copyrighted works, a representative list of such works;
3. Identification of the material that is claimed to be infringing, with information sufficient to permit us to locate the material;
4. Contact information for the person giving the notification, including name, address, telephone, and email address;
5. A statement that the person giving the notification has a good faith belief that use of the copyrighted material is not authorized by the copyright we, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the copyright owner.
Please be aware that if you knowingly make a material misrepresentation that material or activity is infringing your copyright, you may be held liable for damages under the DMCA.
Copyright Counter-Notifications: If you believe that material on the Website has been removed or disabled by mistake or misidentification, you may file a counter-notification with us by submitting written notification to Owner’s copyright agent (identified above). Pursuant to the DMCA, the Counter-Notice must contain substantially all the following:
1. A signature (physical or electronic) of the person submitting the counter-notification;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. Contact information for the person submitting the counter-notification, including name, address, telephone, and email address;
4. A statement under penalty of perjury by the person submitting the counter-notification that he/she has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and
5. A statement by the person submitting the counter-notification that he/she will consent to the jurisdiction of the federal district court for the judicial district in which it is located (or if the complainant resides outside the United States for any judicial district in which Owner’s website may be found) and that he/she will accept service from the person (or an agent of that person) who submitted the DMCA notice at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA notice does not file a court action against us within ten business days of receiving the copy of the Counter-Notice.
Please be aware that if you knowingly make a material misrepresentation that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages under the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of those who repeatedly infringe copyrights.
Assignment to or Release for Submitted Material
All information you post on the Website, including without limitation, ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively, “Submitted Material”) may be used by us for any purpose. By submitting such Submitted Material, you grant us a perpetual, worldwide, irrevocable, unrestricted, transferable, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant us the right, in our sole discretion, to use your username and name in connection with the Submitted Materials and other information, as well as in connection with all advertising, marketing and promotional material related to such Submitted Material. Use of Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that we are not under any obligation of confidentiality, express or implied, with respect to Submitted Material. You further agree that you shall have no recourse against us, any of our advertising affiliates or any of their respective officers, agents, employees and independent contractors (collectively, “Released Parties”) for any alleged or actual infringement or misappropriation of any proprietary rights in Submitted Material and that the submission of any Submitted Material to us, including the posting of Submitted Material to the Forum or any other interactive area on the Website, irrevocably waives any and all “moral rights” to such Submitted Material. You agree that any Submitted Material complies with these Terms and Conditions, including the requirement that Submitted Material does not violate the rights of any third party or applicable law or ordinance.
By posting any Submitted Material on the Website, you acknowledge and agree that: (a) you are the owner of or otherwise control the Submitted Material; (b) Submitted Material you post does not contain confidential or proprietary information; (c) we are not under any obligation of confidentiality, express or implied, with respect to Submitted Material; (d) we are entitled to use or disclose (or choose not to use or disclose) Submitted Material for any purpose, in any way in any media worldwide; (e) we may have something similar to the Submitted Material already under consideration or in development; (f) you agree to irrevocably assign to us all rights, or grant us a license (based on our sole discretion), your rights to any Submitted Material; and (g) you are not entitled to any compensation, credit or notice whatsoever with respect to Submitted Material from us under any circumstances. You waive the right to make any claim against us relating to our use of Submitted Material, including without limitation, infringement of proprietary rights, unfair competition, breach of implied contract and breach of confidentiality.
We will comply with all legal requirements regarding any mandated disclosure of any Submitted Material or other postings on the Website, including to law enforcement agencies and parties making lawful civil legal requests. We will also comply with any other legal requirements regarding disclosures relating to your use of this Website.
Proprietary Rights and Ownership
All names, logos, trademarks, graphics, photographs, illustrations, and software and other elements making up the Website (collectively, “Content”) are protected copyrights, trademarks or other intellectual property rights owned and controlled by us or by other parties that have otherwise provided their material to us for use on the Website. You acknowledge and agree that we own all legal rights, title and interest to the Content, including our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide trademark and copyright laws and treaty provisions. The Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without our prior permission. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Images of people, places or other content we display on the Website are either our property or are used with permission. The use of such Content is prohibited unless specifically permitted by these Terms and Conditions or our express permission. Any unauthorized use of such Content may violate copyright, trademark, privacy and publicity laws, as well as any implicated regulations and statutes.
You agree to indemnify, defend and hold harmless Released Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party relating to content you submit, post, transmit or otherwise make available on the Website, your use of the Forum, your violation of these Terms and Conditions, or your violation of any third party rights.
Disclaimer of Warranties
THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT. THE RELEASED PARTIES MAKE NO WARRANTY THAT USE OF THE WEBSITE OR ANY CONTENT OR SERVICES ON OR FROM THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE.
Nothing contained in this Website shall be construed as conferring, by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest. This Website and the content thereon may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without our prior express consent.
Third Party Sites and Developers
We may include links to third party web sites on the Website, which are not under our control, and you may access them at your own risk. The inclusion of any links to other third party websites does not imply any affiliation, endorsement or adoption by us of those websites or their content.
Third Party Products and Services
Third parties may advertise products and services on or through the Website. We do not operate, control, or endorse any information, products or services on third party websites accessible through the Website. And we do not assume any responsibility or liability for the actions, or products offered by, any third parties.
Under no circumstances shall we be liable for any third party content on, provided or linked to, the Website, including but not limited to, any errors or omissions or resulting damages of any kind. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIRD PARTY WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS THEREFROM.
General Practice Regarding Use and Storage
We may establish general practices and limits concerning the use of the Website, including without limitation, the maximum number of days that Forum messages, message board postings or other uploaded content will be retained on the Website, the maximum number of messages that may be sent from or received by an account on the Website, the maximum size of any message that may be sent from or received by an account on the Website, and the maximum number of times (and the maximum duration for which) a Member may access the Website in a given period of time. Your use of this Website constitutes your consent to allow us to store electronic communications on its servers. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted via the Website. You acknowledge that we reserve the right to terminate Member accounts that are inactive for an extended period of time.
Venue / Jurisdiction
Unless prohibited by law, as a condition of accessing the Website, you agree that any dispute, controversy or claim arising out of or relating to your use of or claims relating to the Website shall be resolved individually, without resort to any form of class action, and by final and binding individual arbitration. Arbitration will be conducted by JAMS in accordance with its rules for the resolution of consumer-related disputes. The arbitration will take place in Chicago, Illinois, USA. Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees. You further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by and construed in accordance with the substantive laws of the State of Illinois without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other country’s or state’s laws. Any action at law or in equity relating to the arbitration provision of these Terms and Conditions will be filed only in the state or federal courts located in Chicago, Illinois. By accessing the Website, you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
General Contact Information
If you have a complaint or concern about the Website, you can send them via email to: [email protected]