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Terms
of Use
Rcedar.com is
the online information, reference and knowledge sharing Web site
("Site") owned and operated by Red Cedar Logistics, Inc.
("RCL"), consisting of information services and proprietary
content, links, search capabilities and other internet resources
provided by RCL, affiliates of RCL and third parties. Your use of
this Site constitutes your agreement to the terms, conditions and
notices below ("Terms of Use"). If you do not agree with
these Terms of Use, please do not use this Site. RCL reserves the
right to change, modify, add or remove portions of these Terms of
Use at any time. Please check this page periodically for any modifications.
Your continued use of this Site following the posting of any changes
will mean that you have accepted the changes.
Copyright
and Trademark Protection
All materials in this Site, including site layout, "look and
feel", functionalities, design, text, images, graphics, video
and audio content ("Materials") are the property of RCL,
its affiliated companies or licensors and are protected by international
copyright and trademark laws. You may not publish, copy, display,
distribute, transmit, perform, modify, create derivative works from,
or sell any Materials, information, products or services obtained
from this Site, except as otherwise expressly permitted under applicable
law or as described in these Terms of Use.
Use and Downloading
Materials
You may print or download Materials on the Site for your personal,
non-commercial use, provided you keep intact all copyright and other
proprietary notices. You may not engage in systematic retrieval
of data or other Materials from this Site to create or compile,
directly or indirectly, a collection, compilation, database or directory
without written permission from RCL. Nor may you mirror on your
own site the home page or results pages of this Site. Use of the
Materials on this Site for any purpose not expressly permitted in
these Terms of Use is prohibited.
If you (or a
legal entity you control) own and operate a Web site or engage in
other Internet activity, such as electronic commerce, communication,
publishing and transmission, and want to download, post, publish
or use Materials for any such Web site or Internet activity, you
may need a permission from RCL, even though your Web site or Internet
activity is free of charge. Unless you are a student, or your use
of the Materials is short term and minimal, your use of the Materials
may be subject to copyright and other legal restrictions.
Requests regarding
the use of the Materials for any purpose other than educational,
personal and occasional and minimal non-commercial use should be
directed to: webmaster@rcedar.com
Your Communications
You may not post information or materials to this Site that violate
the rights of any third party or contain a virus or other harmful
component. Nor may you use language or engage in any activity that
is threatening, abusive, vulgar, discourteous or unlawful. RCL reserves
the right to remove or edit messages or material submitted by users.
You may not use this Site for sale, trade or other commercial purposes.
You are responsible
for your own communications and are responsible for the consequences
of their posting. You must not do the following things: Post material
that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post material
that reveals trade secrets, unless you own them or have the permission
of the owner; post material that infringes on any other intellectual
property rights of others or on the privacy or publicity rights
of others; post material that is obscene, defamatory, threatening,
harassing, abusive, hateful or embarrassing to any other person
or entity; post a sexually-explicit image; post advertisements or
solicitations of business; post chain letters or the like; or impersonate
another person.
Keep in mind
that other users will have access to materials you post to this
Site, and they might copy, modify or distribute it. By posting information
or materials to this Site, you warrant and represent that you own
or otherwise control all of the rights to the content and that public
posting, and use of your information or materials by RCEDAR.COM
will not infringe or violate the rights of any third party. You
automatically grant to RSI, a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive license to use, reproduce, modify, publish,
edit, translate, distribute, perform, and display your communications
alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such
rights through multiple tiers of sublicenses.
Communications
by Other Users
RCL does not represent or guarantee the truthfulness accuracy, or
reliability of any communications posted by other users or endorse
any opinions expressed by users. You acknowledge that any reliance
on material posted by other users will be at your own risk.
RCL does not
screen communications in advance and is not responsible for screening
or monitoring material posted by users. If notified by a user of
communication which allegedly does not conform to these Terms of
Use, RCL may investigate the allegation and determine in good faith
and its sole discretion whether to remove or request the removal
of such communication. RCL has no liability or responsibility to
users for performance or non-performance of such activities. RCL
reserves the right to expel users and prevent their further access
to RCEDAR.COM or any affiliate of RCL, for violating these Terms
of Use or the law and the right to remove such communications which
are abusive, illegal or disruptive.
News Items
Publishers of news items do not generally obtain releases from subjects,
individuals, groups or entities that are shown in their photographs
or graphics or quoted in their texts. Also, no clearance is obtained
from the owners of trademarks or copyrighted materials whose marks
or materials are included in news items. Therefore, you will be
solely responsible for obtaining any and all necessary releases
if you use news items that you find on this Site. Neither RCL nor
any other publisher or news service will be liable for any delays,
inaccuracies, errors or omissions in any news material or in the
transmission or delivery of all or any part thereof or for any damages
arising from any of the foregoing.
Linking,
Framing and Third Party Sites
The Site provides links to other World Wide Web sites or resources.
Hyperlinks to other Internet resources are provided for your convenience.
The editors of RCL have selected these resources as having some
value and pertinence, but their development and maintenance are
not under the direction of RCL. Thus, the content, accuracy, opinions
expressed, and other links provided by these resources are neither
verified by RCL editors nor endorsed by RCL.
Because RCL
has no control over such sites and resources, you acknowledge and
agree that RCL is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other materials
on or available from such sites or resources and shall not be liable,
directly or indirectly, for any damage or loss caused by the use
of any such content, product or materials.
Any linking
to the Site shall be at your own risk and expense and shall not
be construed as an endorsement by or implication of any affiliation
with RCL, unless such linking is authorized by RCL. RCL reserves
the right to object to or have removed any link that is determined
by RCL in its sole judgement to be inappropriate, inconsistent with
the Site's image and reputation or otherwise creates an undue burden
on the Site or on RCL.
RCL's consent must be obtained in before framing, deep-linking or
other activity impacting the access to or the use of our Site. Failure
to obtain such consent may result in an infringement claim or other
legal action being brought.
Disclaimer
of Warranties
Neither RCL, its affiliates, nor any third-party content providers
or licensors makes any warranty whatsoever, including without limitation:
that the operation RCEDAR.COM will be uninterrupted or error-free;
that defects will be corrected; that this Site, including the server
that makes it available, is free of viruses or other harmful components;
as to the results that may be obtained from use of the materials
on the Site; or as to the accuracy, reliability, availability, suitability,
quality, or operation of any information, software, or service provided
on or accessible from the Site.
RCEDAR.COM AND
ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY
INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM
THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF
WHICH RSI DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR
USE OF RCEDAR.COM IS AT YOUR SOLE RISK.
Limitation
of Liability
IN NO EVENT SHALL RCL, ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE,
AUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF THIS SITE, EVEN
IF RSI WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT,
UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Indemnification
You agree to indemnify RCL, its directors, officers, shareholders,
parents, subsidiaries, affiliates, agents and licensors, from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from your violation of these Terms of
Use.
Governing
Law
This Agreement and all of the rights of the parties under this Agreement
shall be governed by, construed under and enforced in accordance
with the substantive law of the State of Michigan without regard
to conflict of laws, and user consents to jurisdiction and venue
in the Superior or Circuit Court of Kent County, Michigan, or the
United States District Court for the Western District of Michigan,
Grand Rapids Division.
Copyrights
All contents of this Site are © 2002 RCEDAR.COM or its licensors.
All rights reserved. RCEDAR.COM is copyrighted 2002 by Red Cedar
Logistics, Inc.
Photographs
and illustrations are copyrighted by their respective owners, as
noted in the credits.
Trademarks
RCEDAR.COM and other marks that appear throughout this Site belong
to RCEDAR.COM or Red Cedar Logistics, Inc., its affiliates or third
party trademark owners. Except as permitted by applicable laws,
you are prohibited from using any of the marks appearing on this
Site without express written consent from the respective trademark
owners.
Copyright
Infringement Claims
If you believe that any copyright infringement exists on this Site,
or any site with a hyperlink to this Site, please use the following
process to notify RCL. All claims of copyright infringement should
be in writing and should be directed to our designated agent below:
Red Cedar Logistics,
Inc.
P.O. Box 140081
Grand Rapids, MI 49514-0081
Telephone: 616.396.7307
Fax: 616.355.7287
E-mail: webmaster@rcedar.com
Please include
the following information:
- A physical
or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
- Identification
of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single Web site are covered by
a single claim, a representative list of such works at that Web
site.
- Identification
of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient
to permit RCEDAR.COM to locate the material.
- Information
reasonably sufficient to permit RCEDAR.COM to contact the complaining
party, such as an address, telephone number, and if available,
an electronic mail address at which the complaining party may
be contacted.
- A statement
that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law.
- A statement
that the information in the notice is accurate, and under penalty
of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
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