Terms and Conditions
Welcome to R-cold's web site. The following terms and conditions govern your use of this site. By accessing, viewing, or using the material on this site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you are not granted permission to use the site and should exit immediately.
R-cold reserves the right to change the terms and conditions under which this site is offered. These changes are effective immediately upon posting. You are responsible for regularly reviewing these terms and conditions. Your continued use of this site constitutes your agreement to all such terms and conditions.
This site and all of its content are protected by copyright pursuant to U.S. and international copyright laws. Unless otherwise noted in a specific location on this site, you may not copy or download any of the material contained on this site in whole or in part without the express authorization of R-cold. On pages of this site where permission is given to copy or download material, you may only do so provided that: (1) the user includes R-cold copyright notice on all copies, and (2) the materials are not used in any misleading or inappropriate manner. You may not publish, modify, transmit, reproduce, create new works from, distribute, sell, loan, nor in anyway exploit any of the material contained on this site in whole or in part, including such material permitted to be copied or downloaded, without the express authorization of R-cold.
Elements of R-cold's web site are also protected by trade dress, trademark, unfair competition, and other laws and not be copied or imitated in whole or in part. No logo, sound or image from the site may be copied or transmitted unless expressly permitted by R-cold.
Except as indicated, R-cold owns all trademarks, service marks, certification marks, and logos featured on this site, including the terms "R-cold." Use of these marks without the express written permission of R-cold is expressly prohibited.
You agree to indemnify and hold R-cold, its officers, members, and employees harmless from any claims, demands, or damages, including attorney fees, asserted by any third party due to or arising out of your use of or conduct on the site.
Disclaimer of Warranty and Liability
R-cold MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY, OR LACK OF VIRUSES FOR THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SITE. ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
R-cold SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF R-cold TO YOU BASED ON ANY CAUSE OF ACTION EXCEED $100.
Links to Third Party Sites
These sites may contain links to third party web sites ("linked sites").The linked sites are not under the control of R-cold. R-cold is not responsible for the content of any linked site and makes no representations regarding the content or appropriateness of content on such sites. R-cold does not promote, endorse or have any affiliation with any other linked site or linked site owner unless expressly stated in R-cold's site. When you access a linked site from this site, you leave this site and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions of use posted on the linked site.
Any commercial transactions or business activities between you and third parties (including advertisers) included in the site are solely between you and the third party and R-cold shall not be responsible or liable for any part of such dealings or promotions.
Third-Party Web Sites Seeking to Link With R-cold Site
You may link to R-cold's site, provided that you comply with the following restrictions:
* You do not create a browser or border environment around the R-cold content.
* You do not imply that R-cold is endorsing your site or your products.
* You do not misrepresent your relationship with R-cold, its members, officers or directors.
* You do not present false information about R-cold, its activities, or its members.
* You do not display the R-cold's name, logo, trademark, or other identifier on your site without R-cold's permission.
* You do not remove, conceal, or obliterate any copyright or other proprietary notice, source identifier, or credit line.
* You do not link from a web site that could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or is being used for illegal purposes.
* You do not link from a web site that infringes upon any intellectual property or other right of any entity or person.
If in the opinion of R-cold, you violate any of these restrictions, you agree to immediately remove R-cold's link from your site.
You agree that R-cold will not be liable for any loss resulting from a cause over which R-cold does not have direct control, including but no limited to the failure of electronic or mechanical equipment, communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes wars, or government/judicial restrictions.
Nothing contained in this Site is intended as, nor shall be construed as legal advice, guidance, or interpretation. No attorney-client relationship is established between R-cold and you by your use of this site. The information provided on this site is for general educational purposes only and specific questions about any law, statute, or regulation should be directed to an attorney with expertise in the area.
R-cold controls and operates this site from Chino CA, United States of America. The terms and conditions for this site will be governed by and construed in accordance with the laws of the California, without reference to its choice of law rules. By accessing, viewing, or using the material on this site, you consent to the jurisdiction of the federal and local courts presiding in California and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. R-cold makes no representation that materials on the site are appropriate for use in other countries and access to them from countries where the content is illegal is prohibited. You are responsible for complying with applicable local laws that regulate the content of this site.
You acknowledge and agree that all of the material contained in this site is subject to the U.S. Export Administration Laws and regulations. You agree that none of this material is being acquired for, shipped, transferred, or reexported, directly or indirectly, to embargoed countries or their nationals unless authorized by the U.S. Government. Countries subject to the U.S. embargo are Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. You are warranting that you are not located in, or under the control of, or a national or resident of any such country. You agree to comply strictly with all U.S. export laws and have the sole responsibility for obtaining any licenses required to export or reexport.
Access to Secure Areas
You agree that you will not attempt to access password protected and/or secure areas of this site unless you are an authorized user. If you are an authorized user, you agree not to assist third parties in obtaining access to these areas without R-cold's approval.
Submissions and Postings
This site may contain bulletin board services, chat areas, forums, and/or other message facilities designed to enable you to communicate with others or with R-cold.You agree that nothing submitted by you to this site shall contain any material which:
* Defames, abuses, harasses, threatens others.
* Contains any inappropriate, defamatory, obscene or unlawful topic, name, material or information.
* Infringes any intellectual property or other property right of any entity or person, including, but not limited to violating anyone's copyrights, trademarks, or confidential information.
* Violates any laws or regulations including, but not limited to, federal and state antitrust laws.
* Contains viruses or similar programs that may damage the operation of another's computer or property.
* Advertises or offers to sell or buy any goods or services for any business purpose unless specifically authorized by R-cold.
* Uses a false identity for the purpose of misleading others.
* Deletes any copyright or proprietary notice other designations that identify the source or origin of any materials.
* Contains any material posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
By posting materials, you warrant and represent that you own the copyright to such materials, have received permission from the copyright owner, or that the material is in the public domain. You further represent and warrant that you have the full and unencumbered right to post such materials and that the posting will not infringe upon any rights of others. You grant R-cold and users of the site a non-exclusive, irrevocable, royalty free license to display, copy, transmit, print and use this information in any manner.
You acknowledge that you are responsible for the legality, accuracy, and appropriateness of the materials that you submit. Although R-cold has no obligation to monitor these materials, R-cold reserves the right to review materials that are posted on the site and has the right to terminate your access to the site at any time and for any reason without providing notice to you. R-cold reserves the right to remove, edit, or refuse to post any information that it deems inappropriate.
You agree that R-cold may disclose any information involving you (including your identity) if R-cold believes that there is a violation of law or in response to any applicable law, regulation, legal process or government request.
Claims of Copyright Infringement
Anyone who believes that R-cold has used their work on the site in a manner that constitutes copyright infringement should send a notice to the R-cold's Copyright Agent at the address listed below. The notice should contain the following information:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an work in question;
* Identification of the copyrighted work claimed to have been infringed;
* Identification of the material that is claimed to be infringing and information reasonably sufficient to permit R-cold to locate the material;
* The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
* A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
* Copyright infringement claims and notices should be sent to R-cold's by mail to: R-cold, 5060 Eucalyptus Ave. Chino, CA 91710, by fax: (909) 517-1885 , by e-mail: sales@R-cold.com.
As a condition of your use of this site, you agree not to use the site for any purpose that is unlawful or prohibited by this agreement.
Use of the site by you is unauthorized in any jurisdiction that does not give effect to all provisions contained in this agreement.
You agree that no joint venture, partnership, employment, employment, or agency relationship exists between you and R-cold as a result of this agreement.
If any part of these terms and conditions is held to be invalid or unenforceable for any reason including, but not limited to, the warranty disclaimers and liability limitations specified above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will remain in full force and effect.
A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These terms and conditions constitute the entire agreement between you and R-cold with respect to your use of the site. You acknowledge that, in providing you access to and use of the site, R-cold has relied on your agreement to be legally bound by these terms and conditions.
Updated: May 20, 2007