Site License Agreement
The Red Book Credit Services web site (referred to hereafter as “RBCS.com”) is owned by Vance Publishing, Inc. (referred to hereafter as “VANCE”, and the services available to you through the site (the "Products") are provided under the terms and conditions of this Agreement. By your use of RBCS.com, whether or not as a paid subscriber, you agree to be bound by this Agreement. Please read it carefully.
Modification of Agreement
We may modify this Agreement at any time without notice. We will post changes to the Agreement at this site and the modifications become effective when posted. You agree to periodically review the posted changes to this Agreement and to be bound by any such changes. Continued use subsequent to any and all posted changes to this Agreement, constitute your acceptance of and agreement to be bound by all of the changes.
Use of Services Description
RBCS.com provides contact, credit, and qualification data specific to companies that transact business in the fresh produce industry along with tools to make search, access, retrieval and use more effective and efficient.
Your ability to access RBCS.com is dependent on many technologies that all have an inherent risk of failure. Your use of the site serves as an acknowledgement that conditions can and might arise that can disrupt that use, such as, but not limited to, network access, internet service provider performance, computer performance, equipment failures, etc.
Fees, Payments and Obligations
Portions and features of RBCS.com are only accessible with a registration and password with a paid membership. Red Book Credit Services will notify you before your membership renewal date. You agree to pay or have paid all fees and charges incurred in connection with your user name and password for Red RBCS.com (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. Red Book Credit Services may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.
Membership for multiple users within the same organization is available for special pricing.
Copyright and Limitations on Use
Only the user designated during User Registration, or one agent thereof may access Red Book Credit Services data and services using the designated login (user name and password). The content available through RBCS.com is the property of Red Book Credit Services or its licensors (including, without limitation, VANCE) and is protected by copyright and other intellectual property laws. Unless specifically designated otherwise as a standard feature/function of the site, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or redistributed in any way in any medium whatsoever now known or later invented, except that you may print one copy of the search/material on any single computer for your personal, non-commercial use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose, including circulation to others within the same company or organization constitutes a violation of our copyright and other proprietary rights, and may result in your subscription being terminated by Red Book Credit Services and/or subject you to other penalties. The use of any such material on any other Web site or networked computer environment is prohibited.
The use of this information in any legal proceeding is expressly prohibited unless authorized in advance, in writing, by VANCE. Subscribers shall not require or request the participation of VANCE or their employees in any legal proceeding.
DISCLAIMER OF WARRANTIES AND LIABILITY
RED BOOK CREDIT SERVICES DATA AND SERVICES ARE DESIGNED TO PROVIDE ACCURATE INFORMATION WITH REGARD TO THE SUBJECT MATTER COVERED. WHILE EFFORTS HAVE BEEN MADE TO ASSURE ACCURACY, DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN RED BOOK CREDIT SERVICES DATA IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT AND RED BOOK CREDIT SERVICES AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH RBCS.COM, OR RED BOOK CREDIT SERVICES ITSELF.
RED BOOK CREDIT SERVICES DOES NOT WARRANT THAT THE DATA AND SERVICES ON THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL RED BOOK CREDIT SERVICES, VANCE PUBLISHING, INC. OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE MATERIAL AND INFORMATION USED IN THIS SITE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE, INFORMATION POSTED AT OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH CLAIM.
You are responsible for all statements made and acts or omissions that occur while your password is being used. You may not use RBCS.com for any unlawful purpose. Red Book Credit Services may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, as determined by Red Book Credit Services.
This Agreement constitutes the entire agreement between you and VANCE with respect to the Red Book Credit Services site and the Products and Services and supersedes all prior agreements between you and Red Book Credit Services. Our failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right.
Red Book Credit Services Right to Remove
Red Book Credit Services may discontinue or change RBCS.com, or its availability to you, at any time, and you may always terminate your membership at any time without refund. You release Red Book Credit Services and VANCE from any claims or allegations that may result from such removal. If you are a California resident, you waive California Civil Code § 1592, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor, at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
This Subscription Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the State of Illinois, as if the Agreement was a contract wholly entered into and wholly performed within the State of Illinois.
No "Spamming," "Hacking," "Viruses," or "Impersonation"
You agree that you will not use, or allow others to use, your account to unlawfully access other computers or services, or to cause a disruption of service to other online users. You may not use, or allow others to use, your account to cause disruption of the normal use of the system by others including without limitation disrupting our backbone network, nodes, or services. This also includes intentional transmission of computer viruses or other harmful software programs. You agree that you will not impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.
You agree that any claim or controversy relating to this Agreement or RBCS.com will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree that any claim or controversy you may have will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration will be conducted in New York and that judgment on the arbitration award may be enforced by any court having proper jurisdiction. You agree that the costs of conducting the arbitration will be divided equally between you and Red Book Credit Services. You or Red Book Credit Services may seek interim or preliminary relief from a court for the purpose of protecting your rights or the rights of Red Book Credit Services pending the completion of the arbitration; provided, however, that you agree that any legal proceeding arising out of or in connection with this Agreement or RBCS.com will be brought by user or Red Book Credit Services in the appropriate state or federal court in Illinois. Red Book Credit Services is not required to submit to arbitration any matter relating to the collection of past due amounts owed by you to Red Book Credit Services.
By using RBCS.com (either directly or through assistance from an Red Book Credit Services representative), you agree that your activity becomes "User Information," and grant to Red Book Credit Services and its affiliates royalty-free, perpetual, irrevocable, non-exclusive right (including waiver of any applicable moral rights) and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Information in an aggregate manner. You also warrant that you have the right to grant that license to us. Red Book Credit Services will not share details of your activity with outside agencies without your consent.