www.plantengineering.com (collectively, “Sites”); mobile applications (collectively, “Apps”), including those for Control Engineering, Consulting-Specifying Engineer, and Plant Engineering ; and all services, databases and other information made available by means of any of the Sites or Apps (collectively, together with the Sites and the Apps, the “Services”).
Certain features or services offered by CFE Media may contain additional terms and conditions, including payment provisions, which supplement these Terms. You will have an opportunity to review any such additional terms or conditions before you register for or use those features or services.
By using any of the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.
1. THE “DOs.” Please enjoy the use of our Services for your personal or internal business purposes. Please review these Terms and ensure that your use of the Services complies with them at all times.
2. THE “DON’Ts.” When using any of the Services, you agree that you will not:
(a) violate any applicable federal, state or local laws, ordinances or regulations;
(b) submit, post or upload any text, video or other materials (“Your Content”) that are unlawful, harmful, fraudulent, threatening, harassing, discriminatory, deceptive, libelous, defamatory, vulgar, obscene or otherwise objectionable, or that may invade another’s right of privacy or publicity or infringe any intellectual property right (“Intellectual Property Right”), including patent, trademark, service mark, trade secret, copyright or other proprietary rights of CFE Media or any third party;
(c) submit any personal information, including names or email addresses, pertaining to individuals under 18 years old;
(d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) include intentional inaccuracies in Your Content;
(f) violate or attempt to violate the security of any of the Services;
(g) reverse engineer or decompile any portion of the Services; or
(h) “scrape” information from the Services by automated means or otherwise extract, copy or redistribute a substantial portion of the data in any databases included in the Services.
3. WHO OWNS WHAT. CFE Media and/or its licensors own the Services, including any and all data, graphics, audiovisual content, photographs, images, artwork, text, software and other technology, and the contents, design, selection, arrangement, coordination, layout, functions and appearance of the Services, and all Intellectual Property Rights inherent in or appurtenant to the Services. You represent and warrant to us that you own all Intellectual Property Rights in Your Content and have the right to provide us with Your Content for use as described in these Terms.
4. HOW WE USE YOUR CONTENT.
6. INDEMNITY. You agree to indemnify and defend CFE Media and its officers, directors, owners, agents and licensors (collectively, the “Indemnified Parties“) and hold them harmless from and against any and all losses, liabilities, judgments, damages and costs, including reasonable attorneys’ fees, incurred or sustained by the Indemnified Parties in connection with Your Content or any breach by you of these Terms. CFE Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
7. DISCLAIMERS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, CFE MEDIA MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
8. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL CFE MEDIA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. CFE MEDIA’S AGGREGATE LIABILITY FOR ANY DAMAGES OF ANY KIND SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO US IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY, DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) IF YOU HAVE NOT MADE ANY PAYMENT, THE AMOUNT OF $100. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, CFE MEDIA’ S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
9. TERMINATION. CFE Media may terminate these Terms and/or discontinue any or all of the Services at any time. Notwithstanding the foregoing, if, for reasons other than your breach hereof, we cancel any of the Services for which you have prepaid, we will give you, as your sole remedy in connection therewith, a pro rata refund of prepaid amounts applicable to the balance of the term of such Services.
10. CHANGES TO THESE TERMS. CFE Media may modify these Terms at any time by posting changes on this website; however, (i) these changes will only become effective and binding with respect to you after CFE Media provides notice on this site that these Terms have changed, and you first use the Services following the date of such posting, (ii) the changes will only apply with respect to your use of the Services after such changes become effective, and (iii) any imposition or change of payment obligations, if any, will only apply if and when you expressly agree. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.
11. DIGITAL MILLENNIUM COPYRIGHT ACT. If you believe that any of the Services contains content that infringes on your copyright, please forward the following information by email to email@example.com or by postal mail to: CFE Media LLC, Attention: Steve Rourke, 3010 Highland Parkway, Suite 325, Downers Grove, Ill., 60515.
· Your address, telephone number, and email address;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the alleged infringing material is located;
· A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
· 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.
12. WHO MAY USE THE SERVICES. The Services are intended for use by adults. You must be at least 13 to use the Services.
13. GOVERNING LAW AND JURISDICTION. These Terms will be governed by the laws of the United States of America and the State of Illinois, without regard to conflict of laws rules. The parties consent to have any action or dispute between them in connection with the Services resolved exclusively within the jurisdiction of the state or federal courts located in the State of Illinois.
14. MISCELLANEOUS. No joint venture, partnership, employment or agency relationship exists between you and CFE Media as a result of these Terms or your use of the Services. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. These Terms will be effective as of the date accepted by you. These Terms represent the entire agreement between you and CFE Media with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter. CFE Media may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, CFE Media shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The headings in these Terms are for convenience only and are not to be considered in construing it. All references in the Terms to “including” shall be deemed to mean, “including, but not limited to.” All references in these Terms to “we,” “our” or variations thereof shall be deemed to refer to CFE Media. All references in these Terms to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership, limited liability company or other legal entity that you represent, if you are entering into these Terms on behalf of such entity. We will send any notices that are intended for you personally and not all users of the Services to you at the most recent email address we have on file for you. Any notice from you to CFE Media should be sent by email to firstname.lastname@example.org or by postal mail or courier to: CFE Media LLC, Attention: User Support, 3010 Highland Pkwy., Ste. 325, Downers Grove, IL 60515.