RSX Enterprises, Inc.
Terms & Conditions of Website Usage
Last Update Date: September 20, 2021
Usage of the Website.
You may use this Website, including content and materials, for your own personal use or your organization’s internal use only. The Website is not for commercial exploitation. The purpose of the Website is to provide information about products and services and resources, and to allow communications between the User and us.
You agree not to do, or attempt to do, any of the following when using the Website, subject to applicable law: (a) access or use the Website in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (as determined solely by us), or other than in full compliance with the Policies; (b) access, tamper with, or use areas of the Website that you are not authorized to access; (c) alter information on or obtained from the Website; (d) tamper with postings, registration information, profiles, submissions, Content or User Content (as defined below); (e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses or images, available from the Website in a way that interferes with or is inconsistent with the intended operation of the Website, as determined by us in its sole discretion, or transmit any unsolicited commercial email, advertising, “junk mail,” “spam,” or “chain letters” to or from the Website; (f) frame any part of the Website, or deceptively link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose except as expressly permitted in writing by us, as determined in our sole discretion; (g) impersonate or misrepresent your identity or your affiliation with any person or entity; (h) reverse engineer any aspect of the Website or do anything that might reveal or attempt to reconstruct source code, or bypass or circumvent measures employed to prevent or limit access to any area, Content or code of or on the Website (except as otherwise expressly permitted by law); (i) send to or otherwise direct to or from the Website, or operate on it, harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient; (j) take any action which might impose a significant burden (as determined by us in our sole discretion) on the Website’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Website; or (k) engage in phishing or other deceptive practices for the purpose of collecting usernames or passwords.
The Website may allow Users to post comments, and submit information or other content (collectively, the “User Content”). It is the User’s sole and exclusive responsibility to ensure that no portion of his/her User Content is illegal, obscene, profane, offensive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, as well as to keep the User Content current and accurate.
By posting User Content on the Website, the User hereby grants us and our affiliates an unrestricted, transferable, sub-licensable, irrevocable, royalty-free, worldwide and perpetual license to reproduce, distribute, publicly display, make derivative works of and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, whether commercial or non-commercial in nature. The User hereby disclaims any right to any consideration from us in connection with exercising our rights as a licensee in and to the User Content the User posted on this Website. The User acknowledges and agrees that we are under no obligation of confidence to the User and shall not be liable for any use or disclosure of any User Content among our affiliates or to any third party. By posting the User Content on the Website, the User represents and warrants that the User owns the necessary intellectual property rights in such User Content to post such User Content on the Website or that the User has a valid license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever. The User agrees to indemnify, save, defend and hold RSX and our affiliates and each of RSX and our affiliates’ successors, assigns or licensees (together with any of their respective officers, directors and employees) harmless from all actual and incidental costs and fees associated with our defense of any claims arising from User Content, including, but not limited to, all attorneys’ fees and related costs.
We reserve the right to review any User Content and remove, delete, redact or otherwise modify such User Content, at its sole discretion, at any time and from time to time, without notice or further obligation to you. We have no obligation to display, monitor or post any User Content.
At any time and from time to time, we reserve the right to disclose any information or User Content that we deem necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. We shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Website.
Accessing the Website.
We may terminate, change, modify, suspend or discontinue the Website or any aspect of the Website, including the availability of any features of the Website or services, in our sole discretion without notice. We may also impose limitations on certain features on the Website and/or services or restrict the User’s access to parts of or the entire Website without any prior notice or liability to the User.
Intellectual Property Rights.
The User may not re-transmit, re-distribute, perform, broadcast, publish, reproduce, create a derivative work from, display, sell, offer for sale, license, rent, lease, frame, deep link to or otherwise use the Content in any manner inconsistent with our rights without our prior written consent.
Links to Third-Party Websites.
Governing Law and Jurisdiction.
Waiver and Severability of Terms.
We shall not be held liable for any delay or failure in performance of any part of the Website by reason of any cause beyond our reasonable control, including acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, pandemics, public health emergencies, war, terrorist acts, riots, fires, explosions, earthquakes, nuclear accidents, floods, hurricanes, tornadoes, major storms, strikes, power or telecommunications outages affecting facilities, or acts or omissions of vendors, suppliers or common carriers.
RSX and our affiliates do not represent or warrant that: (a) operation of the Website shall be uninterrupted or error free, (b) functionality contained in the Website shall meet the User’s requirements, or that (c) the Website shall operate in combination with other hardware or software.
TO THE FULLEST EXTENT PERMITTED UNDER ANY APPLICABLE LAW, RSX AND OUR AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability.
In no event will RSX or our affiliates be liable to the User or any third party for special, indirect, incidental, consequential, punitive or exemplary damages even if RSX and our affiliates have been advised of the possibility of such damages. In no event will RSX and our affiliates be liable to the User or any third party for any loss of revenues, loss of profits, loss of business, loss of use or loss of data.
IN NO EVENT SHALL RSX, OUR AFFILIATES, OUR LICENSORS AND/OR SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.