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Listserves Terms Of Use

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By joining and using the ASHRAE’s email Lists (the “Lists”), you agree that you have read, accepted, and will follow these Terms of Use. These Terms of Use are subject to change by ASHRAE at any time in its discretion. Your use of the Lists after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly. ASHRAE reserves the right to suspend or terminate use of all Lists for users who violate these Terms of Use. List server Rules You may use the Lists only for the purposes expressly permitted by the Lists. You may not use the Lists for any other purpose without ASHRAE’s express prior written consent. You agree to reserve List discussions for topics best suited to the medium. As with any community, there are guidelines governing behavior on the Lists. Please take a moment to acquaint yourself with these important guidelines. If you have questions, contact the List manager noted in your welcome instructions. Do not challenge or attack others. The discussions on the Lists are meant to stimulate conversation not to create contention. Do not post commercial messages. Contact individuals directly with products and services that you believe would help them. Use caution when discussing products or services. Information posted on the Lists is available for all to see, and comments are subject to libel, slander, and antitrust laws. All defamatory, abusive, profane, threatening, offensive, or illegal materials are strictly prohibited. Please note carefully all items listed in these Terms of Use, particularly regarding the copyright ownership of information posted to the List. Remember that ASHRAE and other e-mail List participants have the right to reproduce postings to the Lists. Do not send the same message to multiple Lists. You may send your message to only the most appropriate List. Disclaimers and Limitation of Liability The Lists are provided as a service of ASHRAE. You understand that ASHRAE cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Lists for the reconstruction of any lost data. ASHRAE does not assume any responsibility or risk for your use of the Internet. YOUR USE OF THE LISTS IS AT YOUR OWN RISK. ASHRAE ACCEPTS NO RESPONSIBILITY FOR THE CONTENT OF ANY POSTINGS ON THE LISTS BY OTHERS, AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT, COMPLETENESS OR ACCURACY OF ANY SUCH POSTINGS. FURTHER, THE INCLUSION OF ANY INFORMATION IN A POSTING DOES NOT IMPLY ENDORSEMENT BY ASHRAE. THE LISTS ARE PROVIDED “AS IS” AND ASHRAE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ASHRAE DOES NOT WARRANT THAT THE LISTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LISTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU, AND NOT ASHRAE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE LISTS. IN NO EVENT SHALL ASHRAE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES ASSOCIATED WITH YOUR USE OF THE LISTS, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS. IN NO EVENT WILL THE LIABILITY OF ASHRAE FOR ANY DIRECT DAMAGES ASSOCIATED WITH YOUR USE OF THE LISTS EXCEED $100. Indemnity You will indemnify and hold ASHRAE harmless from any loss, damages, judgments, awards, costs, expenses, and attorneys’ fees arising out of any breach of these Terms of Use by you or your use of any information obtained from the Lists. Copyrights You may not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, you warrant and represent that you own the copyright with respect to such material or have received permission from the copyright owner. In addition, you grant ASHRAE and users of the List the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. Restrictions Messages should not be posted if they encourage or facilitate members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business, or other conduct intended to illegally restrict free trade. Messages that encourage or facilitate an agreement about the following subjects are inappropriate: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers. Action by ASHRAE ASHRAE reserves the right to actively monitor the Lists for inappropriate postings, but does not commit to conduct such monitoring and does not undertake editorial control of postings. In the event that ASHRAE becomes aware of any inappropriate posting, ASHRAE may take all appropriate action, including removing the posting from the List. Security Any passwords used for the Lists are for individual use only. You will be responsible for the security of your password (if any). ASHRAE will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that ASHRAE considers insecure, ASHRAE will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using the Lists to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ASHRAE reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. ASHRAE reserves the right to investigate suspected violations of these Terms of Use. ASHRAE reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing ASHRAE to disclose the identity of anyone posting messages that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS ASHRAE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ASHRAE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ASHRAE OR LAW ENFORCEMENT AUTHORITIES. Listserve Etiquette You agree to abide by the following etiquette when using the Lists: Include a signature tag on all messages. Include your name, affiliation, location, and e-mail address. State the topic of the comments in the subject line. This allows members to respond more appropriately to your posting. Include only the relevant portions of the original message in your reply, delete any header information, and put your response before the original posting. Only send a message to the entire List when it contains information that everyone can benefit from. Do not send administrative messages, such as remove me from the List, through the List. Warn others List subscribers of lengthy messages either in the subject line or at the beginning of the message body with a line that says “Long Message.” Miscellaneous These Terms of Use will be governed and interpreted pursuant to the laws of Georgia, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Georgia in connection with any dispute between you and ASHRAE arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Atlanta, Georgia. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on ASHRAE’s website will govern the items to which they pertain. ASHRAE may revise these Terms of Use at any time by updating this posting