The RFID Network Terms of Use Agreement

Terms of Use Agreement

RFID.Net is an information portal and professional networking service that allows Members to create unique professional profiles online in order to find and communicate with other industry professionals. The information and services offered by RFID.net and all associated websites (including, but not limited to the domains: "RFID.NET", "RFIDTalk.com", "IndustryWizards.com", "RFIDWizards.com", "LeanWireless.com", "myEPCAdvisor.com", "mrRFID.com", "MFGDB.com", "MFGWire.com", "we", “us”, or “our”,) comprise the RFID.net website (the "Website"), and any other features, content, applications, or services offered from time to time by RFID.net in connection with the Website (collectively, the "The RFID Network Services"). The RFID Network Services are hosted in the United States of America.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of The RFID Network Services. By using, or purchasing, The RFID Network Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with any of the domains hosting The RFID Network Services). The term "User" refers to a Visitor or a Member. You are only authorized to use The RFID Network Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of The RFID Network Services immediately. If you wish to become a Member, communicate with other Members and make use of The RFID Network Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes our policy for acceptable use of The RFID Network Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of The RFID Network Services Privacy Policy, found here. In order to participate in certain The RFID Network Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to The RFID Network Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

The RFID Network may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use The RFID Network Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on The RFID Network and that you provide to other Users. At your discression, you may choose to include your telephone numbers, street addresses, or other personal information in your profile which you choose to make public. Your profile may not include the following items: advertising, or any photographs containing nudity, or obscene, sexually explicit or otherwise objectionable subject matter. You agree not to post any abusive, obscene, vulgar, lewd, excessively violent, harassing, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of The State of California, The United States of America, your country, or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions.

Despite this prohibition, information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and The RFID Network assumes no responsibility or liability for this material. If you become aware of misuse of The RFID Network Services by any person, please contact us or click on the "Report User" link on any profile page.

The RFID Network reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of The RFID Network Services at any time, for any or no reason, with or without prior notice, and without liability.

You agree that The RFID Network has the right to remove, edit, move or close any material, images, profile, or topic at any time, for any or no reason, with or without prior notice, and without liability.

As a Member you agree to any information you have entered to being stored in a database. You agree that The RFID Network shall not be held responsible for any hacking attempt that may lead to that data being compromised and shall not be held responsible for any damages incurred as a result of unauthorized access to any information stored in our databases.

1. Eligibility. Use of and Membership in The RFID Network Services is void where prohibited. By using The RFID Network Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of The RFID Network Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2. Term. This Agreement shall remain in full force and effect while you use The RFID Network Services or are a Member. You may terminate your Membership at any time, for any reason, by emailing us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Subject: Terminate my Membership. The RFID Network may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

3. Fees. You acknowledge that The RFID Network reserves the right to charge for The RFID Network Services and to change its fees from time to time in its discretion. If The RFID Network terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any fees.

4. Payment Policy. The purchase of The RFID Network products or services is also governed by our Payment Policy, found here, which is incorporated into this Agreement by this reference.

5. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify The RFID Network immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

6. Non-commercial Use by Members. The RFID Network Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The RFID Network. Illegal and/or unauthorized use of The RFID Network Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to The RFID Network Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of The RFID Network Services.

7. Proprietary Rights in Content on The RFID Network.

1. The RFID Network does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to your profile page. You continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through The RFID Network Services, you hereby grant to The RFID Network an unlimited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through The RFID Network Services and selected The RFID Network affiliates and partners. This may include other websites, printed publications, training materials, and other forms of electronic and print media.

Without this license, The RFID Network would be unable to provide The RFID Network Services. For example, without the right to modify Member Content, The RFID Network would not be able to digitally compress photograph files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, The RFID Network could not allow Users to read content posted by Members. The license you grant to The RFID Network is fully-paid and royalty-free (meaning that The RFID Network is not required to pay you for the use on The RFID Network Services of the Content that you post), sublicensable (so that The RFID Network is able to use its affiliates and subcontractors such as Internet content delivery networks to provide The RFID Network Services), and worldwide (because the Internet and The RFID Network Services are global in reach).

2. You represent and warrant that: (i) you own the Content posted by you on or through The RFID Network Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through The RFID Network Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through The RFID Network Services.

3. The RFID Network Services contain Content of The RFID Network ("The RFID Network Content"). The RFID Network Content is protected by copyright, trademark, patent, trade secret and other laws, and The RFID Network owns and retains all rights in The RFID Network Content and The RFID Network . The RFID Network hereby grants you a limited, revocable, nonsublicensable license to reproduce and display The RFID Network Content (excluding any software code) solely for your personal use in connection with viewing The RFID Network Website and using The RFID Network Services.

4. The RFID Network Services contain Content of Users and other The RFID Network licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through The RFID Network Services.

8. Content Posted.

1. The RFID Network may delete any Content that in the sole judgment of The RFID Network violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. The RFID Network assumes no responsibility for monitoring The RFID Network Services for inappropriate Content or conduct. If at any time The RFID Network chooses, in its sole discretion, to monitor The RFID Network Services, The RFID Network nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

2. You are solely responsible for the Content that you post on or through any of The RFID Network Services, and any material or information that you transmit to other Members and for your interactions with other Users. The RFID Network makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

9. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through The RFID Network Services. The RFID Network reserves the right to investigate and take appropriate legal action against anyone who, in The RFID Network's sole discretion, violates this provision, including without limitation, removing the offending communication from The RFID Network Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of The RFID Network:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5. solicits personal information from anyone under 18;

6. provides any advertising, telephone numbers, street addresses, last names, URLs or email addresses;

7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14. includes a photograph of another person that you have posted without that person's consent; or

15. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on The RFID Network Website and through your use of The RFID Network Services. The RFID Network reserves the right to investigate and take appropriate legal action against anyone who, in The RFID Network's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

17. advertising to, or solicitation of, any Member to buy or sell any products or services through The RFID Network Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from The RFID Network Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, The RFID Network reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which The RFID Network deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through The RFID Network Services, you acknowledge that you will have caused substantial harm to The RFID Network, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay The RFID Network $1,000 for each such unsolicited email or other unsolicited communication you send through The RFID Network Services;

18. covering or obscuring other site content on your personal profile page, or any The RFID Network page via HTML/CSS or any other means;

19. any automated use of the system, such as using scripts to add connections or send comments or messages;

20. interfering with, disrupting, or creating an undue burden on The RFID Network Services or the networks or services connected to The RFID Network Services;

21. attempting to impersonate another Member or person;

22. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

23. selling or otherwise transferring your profile;

24. using any information obtained from The RFID Network Services in order to harass, abuse, or harm another person;

25. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through The RFID Network Services on behalf of that person, such as placing commercial content on your profile, posting content with a commercial purpose; or sending unsolicited messages with a commercial purpose; or

26. using The RFID Network Services in a manner inconsistent with any and all applicable laws and regulations.

10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of The RFID Network to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to The RFID Network by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on The RFID Network Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on The RFID Network Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a 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. The RFID Network's Copyright Agent for notice of claims of copyright infringement can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

11. Member Disputes. You are solely responsible for your interactions with other The RFID Network Members. The RFID Network reserves the right, but has no obligation, to monitor disputes between you and other Members.

12. Privacy. Use of The RFID Network Services is also governed by our Privacy Policy, found here, which is incorporated into this Agreement by this reference.

13. Disclaimers. The RFID Network is not responsible for any incorrect or inaccurate Content posted on The RFID Network Website or in connection with The RFID Network Services, whether caused by Users of The RFID Network Services or by any of the equipment or programming associated with or utilized in The RFID Network Services. Profiles created and posted by Members on The RFID Network Website may contain links to other websites. The RFID Network is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by The RFID Network. Inclusion of any linked website on The RFID Network Services does not imply approval or endorsement of the linked website by The RFID Network. When you access these third-party sites, you do so at your own risk. The RFID Network takes no responsibility for third party advertisements which are posted on this Website or through The RFID Network Services, nor does it take any responsibility for the goods or services provided by its advertisers. The RFID Network is not responsible for the conduct, whether online or offline, of any User of The RFID Network Services. The RFID Network assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. The RFID Network is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of The RFID Network Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with The RFID Network Services. Under no circumstances shall The RFID Network be responsible for any loss or damage, including personal injury or death, resulting from use of The RFID Network Services, attendance at a The RFID Network event, from any Content posted on or through The RFID Network Services, or from the conduct of any Users of The RFID Network Services, whether online or offline. The RFID Network Services are provided "AS-IS" and as available and The RFID Network expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The RFID Network cannot guarantee and does not promise any specific results from use of The RFID Network Services.

14. Limitation on Liability. IN NO EVENT SHALL The RFID Network BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF The RFID Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, The RFID Network'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO The RFID Network FOR THE RFID Network Services DURING THE TERM OF MEMBERSHIP.

15. Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

16. U.S. Export Controls. Software available in connection with The RFID Network Services (the "Software") is further subject to United States export controls. No Software may be downloaded from The RFID Network Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

17. Disputes. If there is any dispute about or involving The RFID Network Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Jose. Either The RFID Network or you may demand that any dispute between The RFID Network and you about or involving The RFID Network Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Jose, California, USA, provided that the foregoing shall not prevent The RFID Network from seeking injunctive relief in a court of competent jurisdiction.

18. Indemnity. You agree to indemnify and hold The RFID Network, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of The RFID Network Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through The RFID Network Services causes The RFID Network to be liable to another.

19. Other. This Agreement is accepted upon your use of the Website or any of The RFID Network Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and The RFID Network regarding the use of The RFID Network Services. The failure of The RFID Network to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The RFID Network and RFIDWizards.com are trademarks of RFIDWizards.com. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

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