Effective Date: July 1, 2019
RES Intellectual Property
For certain aspects of the website, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username, and password upon providing registration information, and successfully completing the registration process. This account is personal to you, and you may not share it, or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username, and password, and are fully responsible for all activities that occur under your username, and password. You agree to immediately notify RES in the event (a) your registration information changes, or (b) you learn of, or have reason to suspect any unauthorized use of your account, or any other breach of security. You also agree that you will provide truthful, and accurate information during the registration process. RES may refuse to grant a particular username to you for any reason, including, without limitation, in the event RES determines that such username impersonates someone else, is protected by trademark, or other proprietary right law, or is vulgar, or otherwise offensive.
You acknowledge that the website may contain, or provide access to information, software, photos, video, text, graphics, music, sounds, or other material provided by RES, or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws, and that these rights are valid, and protected in all forms, media, and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include User Content.
The Content posted by users via the website other than Feedback (defined below) (collectively, “User Content”) is the intellectual property of the specific users of the website who post such User Content, and their licensors, if any. RES does not claim any ownership rights in such User Content. By posting User Content via the website, however, you hereby grant to RES a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works, and compilations incorporating such User Content for purposes of operating the website, and for such other purposes as the User Content was disclosed. RES does not generally monitor, or otherwise remove User Content after it is posted on the website except under certain limited circumstances as required or permitted by law, or otherwise in the sole discretion of RES. In the event you would like to request that RES remove your User Content from the website, please contact RES at [email protected]. Please note however, that if RES agrees, in its sole discretion, to remove your User Content, such User Content may not be completely removed, or may otherwise still be available to others in the following non-exclusive circumstances: (a) your User Content has been incorporated into derivative works, or compilations created by RES, or other parties; (b) such User Content has been retained in RES’s data backup systems, or for archival purposes; or (c) to the extent such User Content has been downloaded by other persons, and such persons retain your User Content.
RES welcomes your comments, feedback, information, or materials regarding the website, Content, or RES’s products, or services (collectively, “Feedback”). If you submit Feedback to RES, please note that your Feedback shall become the property of RES. By submitting your Feedback to RES, you agree to assign, and hereby irrevocably assign to RES, all right, title, , and interest in, and to the Feedback, and all copyrights, and other intellectual property rights embodied in such Feedback on a worldwide basis. RES shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in, or to the Feedback.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE, ANY CONTENT , AND ANY PRODUCTS, OR SERVICES PROVIDED VIA THE WEBSITE ARE PROVIDED “AS IS”, AND “AS AVAILABLE,”, AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, RES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, RES MAKES NO WARRANTY THAT THE WEBSITE, ANY CONTENT, OR ANY PRODUCTS, OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING, OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE, OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER
Release, and Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Term, and Termination
Governing Law, and Other Miscellaneous Terms
Copyright, and Copyright Notices
RES respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the website in a way that constitutes copyright infringement, please provide RES’s Copyright Agent the following information
:an electronic, or physical signature of the owner, or person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the website sufficient to allow us to locate the allegedly infringing material;
your address, telephone number, and email address;a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; anda statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner, or authorized to act on the copyright owner’s behalf.
Please contact RES’s Copyright Agent for Notice of Claims of copyright infringement at: [email protected]. Copyright owners, and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the Digital Millennium Copyright Act notice.Counter-Notice.
If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post, and use the User Content, you may send a counter-notice containing the following information to the Copyright Agent:your physical, or electronic signature;identification of the User Content that has been removed, or to which access has been disabled, and the location at which the User Content appeared before it was removed, or disabled;a statement that you have a good faith belief that the User Content was removed, or disabled as a result of mistake, or a misidentification of the User Content; andyour name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the District of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, RES may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content, or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days, or more after receipt of the counter-notice, at RES’s sole discretion. How to Contact RES If you have any comments, or questions, please do not hesitate to contact RES Client Services, at 866-618-9428 or [email protected].