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TERMS OF USE

 

ACCEPTANCE OF TERMS
The RCA Institute ("The RCA Institute") makes this Web site (the "Site"), including all information, documents, communications, media, files, text, graphics, software, research and products available through the Site (collectively, the "Materials") and all services provided by the RCA Institute and/or third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that the RCA Institute may publish from time to time (collectively, the "Terms of Use").  By accessing or using this Site in any way, including, without limitation, subscribing as a Member to the Site, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

The RCA Institute reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site.  Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes.  Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use.  You should periodically check the "Terms of Use" link on the bottom of the RCA Institute home page to view the then current terms.  If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

DEFINED TERMS
Services offered through this Site include collaboration and file sharing services i.e., part of the Collaborative Services.  Information, materials, media, files, communications, and documents that are posted by users in conjunction with Collaborative Services are referred to collectively as "Collaborative Content." The group of persons among which the collaboration and file sharing takes place is referred to herein as the "Members."  All other user-supplied information, materials, files, communications, and documents are referred to collectively as "User Content." "RCA Institute Content" means all Materials provided by the RCA Institute.  Collaborative Content, User Content, and RCA Institute Content may have different restrictions and conditions associated with them.

TYPES OF USERS
Please be aware that certain activities on this Site are available only to persons who are covered under a Membership Agreement with the RCA Institute ("Members"). A copy of the membership Agreement can be viewed through a link in the footer of the Site’s home page.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
Copyright, trademark, patent, and/or other intellectual property laws protect the Materials and Services on this Site, as well as their selection and arrangement, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use.  Except as expressly provided herein, the RCA Institute and its suppliers, partners and advertisers do not grant any express or implied rights to use the Materials and Services.  You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein.  In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Services.  When using Services on this Site that are offered by the RCA Institute, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services, the Membership Agreement and to the Terms of Use.  Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

In addition to the Materials and Services offered by the RCA Institute, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third Party Services").  The Third Party Services are governed by separate license agreements and intellectual property rights that accompany such services.  The RCA Institute offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by the RCA Institute.  You agree that you will not hold the RCA Institute responsible or liable with respect to the Third Party Services or seek to do so.

Use of Software.  Any software and accompanying documentation that is made available, currently or at any time, to download from this Site is the copyrighted and/or patented work of the RCA Institute and/or its suppliers, partners and advertisers.  Use of the software is governed by the terms of the license agreement that accompanies or is included with such software.  You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement.  If you do not agree to such terms, you will not be able to use the software.  In the absence of a license agreement that accompanies the software, the Terms of Use will govern use of the software.  You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Use of The RCA Institute Content and User Content- excluding Research details and results.  Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the RCA Institute Content, Collaborative Content and User Content available on this Site subject to the following conditions:

  1. The RCA Institute Content, Collaborative Content and User Content may be used solely for personal and informational purposes.

  2. The RCA Institute Content, Collaborative Content and User Content may not be modified or altered in any way.

  3. The RCA Institute Content, Collaborative Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.

  4. You may not remove any copyright or other proprietary notices contained in the RCA Institute Content, Collaborative Content and User Content.

  5. The RCA Institute reserves the right to revoke the authorization to view, download, and print the RCA Institute Content, Collaborative Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from the RCA Institute.

  6. The rights granted to you constitute a license and not a transfer of title.

  7. Research detail and results are presented by the RCA Institute with permission and are expressly excluded from use (personal non-commercial or otherwise) by casual web browsers, visitors or Members to the Site.


IMPORTANT EXCEPTIONS: Various sections of the Site showcase the work of professionals.  Such works belong to their creators, may be protected by copyright or other proprietary laws, and are available to you per the Terms of Use of this Site only.  Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

The rights specified above to view, download, and print the RCA Institute Content, Collaborative Content and User Content available on this Site are not applicable to the design or layout of this Site.  Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION
For a current list of the RCA Institute's Marks, as well as certain third party Marks, please refer to Trademark Information page on this site.

PROHIBITED COMMUNICATIONS
You may submit only User Content or Collaborative Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain.  You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libellous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.  Violation of these restrictions may result in denial of or limitations on access by you to this Site.

USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree:

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  • Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;

  • Not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;

  • Not to use or attempt to use another's account, password, service, or system without authorization from the RCA Institute;

  • Not to access or attempt to access any content which you are not authorized to access;

  • Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

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MANAGING CONTENT AND COMMUNICATIONS

Although it is not our intention to do so, the RCA Institute reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use and or the Membership Agreement) without prior notice or liability.  The RCA Institute will from time to time remove User Content and Collaboration Content due to storage/disk space restrictions.  Such selection of Content for deletion is at the sole discretion of the RCA Institute and will generally but not necessarily be executed on the elapsed time since content was posted and or the applicability of the subject matter to the substance and intent of the RCA Institute.  In addition, the RCA Institute reserves the right to delete or remove Collaborative Content if the relevant membership has expired or lapsed or if the RCA Institute has a good faith belief that the user posting such Collaborative Content has violated the Terms of Use and/or the Membership Agreement, or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of the RCA Institute or others.

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WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE RCA INSTITUTE OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, THE RCA INSTITUTE MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED (vi) YOU WILL OBTAIN SIMILAR RESULTS TO OTHER COMPANIES, USERS OR MEMBERS FROM THE APPLICATION, IMPLEMENTATION OR REDUCTION OR REDUCTION OF CONCEPTS, METHODS, SUGGESTIONS, PRACTICES, APPROACHES, MANAGEMENT ACTIONS, STEPS, DECISIONS OR ANY OTHER APPLICATION OF CONTENT ON THIS SITE.


THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.  THE RCA INSTITUTE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.  THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND THE RCA INSTITUTE MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.  NO REPRESENTATION IS MADE OR IMPLIED AS TO THE COMPATABILITY OF THIS SITE WITH BROWSERS IN GENERAL.  THIS SITE MIGHT NOT FUNCTION PROPERLY WITH CERTAIN BROWSERS.  THIS SITE ALSO CONTAINS A NUMBER OF APPLETS THAT REQUIRE JAVA CAPABLE BROWSERS.  YOUR BROWSER SHOULD ALSO BE ABLE TO HANDLE FRAMES.  MACRO MEDIA’S FLASH PLAYER IS REQUIRED TO VIEW THE GRAPHICS ON THIS SITE.


YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) THE RCA INSTITUTE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) THE RCA INSTITUTE MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) THE RCA INSTITUTE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.  THE RCA INSTITUTE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE OR FILES THAT ARE DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE RCA INSTITUTE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.


SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS.

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INTERNATIONAL USERS

This Site can be accessed from countries around the world and may contain references to the RCA Institute products, services, and programs that are not available in your country.  These references do not imply that the RCA Institute intends to announce such products, services, or programs in your country.

 

The Site is controlled, operated, and administered by the RCA Institute from its offices within the United States of America.  The RCA Institute makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited.  If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

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PERSONAL INFORMATION AND PRIVACY

To learn about how the RCA Institute protects your personal information, such as your name and email address, refer to the RCA Institute Online Privacy Policy.

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LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE RCA INSTITUTE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE RCA INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

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USER FORUMS

In addition to these Terms of Use, Members to the RCA Institute must agree to a separate legal agreement located within the registration area of the Site or is assessable through the footer on the home page of the Site.  Your access to the Collaborative Services will be denied for violation of either the Terms of Use and/or the Membership Agreement.  In particular, you should be familiar with the Section titled "Use of Services" in that agreement and conduct your activities accordingly.

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NOTIFICATION OF COPYRIGHT INFRINGEMENT
The RCA Institute will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others.  If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide the RCA Institute's a Notice containing the following elements:

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  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

  • A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;

  • A description of where the material that you claim is infringing is located on the RCA Institute site;

  • Information sufficient to permit the RCA Institute to contact you, such as your physical address, telephone number, and e-mail address;

  • A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  • A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

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The RCA Institute can be contacted through this Site on matters relating to notices of claims of copyright infringement.  Please ensure the appropriate classification of your notice so as to ensure correct and expedient handling of it.

THE RCA INSTITUTE SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE.  ALL OTHER INQUIRIES DIRECTED TO THE RCA INSTITUTE AS COPYRIGHT INFRINGEMENT NOTICES WILL NOT BE RESPONDED TO.

LINKS TO THIRD PARTY SITES
LINKS ON THE RCA INSTITUTE'S SITE WILL LEAD YOU TO OTHER SITES.  THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE RCA INSTITUTE AND THE RCA INSTITUTE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.  THE RCA INSTITUTE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.  THE RCA INSTITUTE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE RCA INSTITUTE OF THAT SITE.


UNSOLICITED IDEA SUBMITTED TO THE RCA INSTITUTE
THE RCA INSTITUTE OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES.  PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS.  THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN THE RCA INSTITUTE'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO THE RCA INSTITUTE SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO THE RCA INSTITUTE OR ANYONE AT THE RCA INSTITUTE.  IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT THE RCA INSTITUTE MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

INDEMNITY AND LIABILITY


You agree to indemnify and hold the RCA Institute, and its subsidiaries, affiliates, officers, agents, co-branders, subcontractors or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, Collaborative Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, the actions of any other Members, or the unlawful acts of non-members or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by the RCA Institute from its offices within the state of Illinois, United States of America.  By accessing this Site, you and the RCA Institute agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof.  You and the RCA Institute also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Cook County, Illinois and the United States District Court for the 5th Municipal District of Illinois with respect to such matters.

LANGUAGE
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.  C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.  Dit is die uitdruklike wens van alle betrokke partye dat die Terme van Gebruik en alle dokumente op hierdie Internetblad in Engels gepubliseer sal word.

GENERAL
The Terms of Use, Online Privacy Policy, Membership Agreement and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement (“The Agreement”) between the RCA Institute and you with respect to your use of the Site.  If for any reason a court of competent jurisdiction finds any provision of The Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of The Agreement shall continue in full force and effect.  Any failure by the RCA Institute to enforce or exercise any provision of The Agreement or related right shall not constitute a waiver of that right or provision or any other rights and provisions per the Terms of Use.  The section titles used in The Agreement are purely for convenience and carry with them no legal or contractual effect.  Words indicating male gender also include to the female gender and visa versa.


COPYRIGHT NOTICE.  Copyright © 2008 The RCA Institute.  All rights reserved.
Any rights not expressly granted herein are reserved.

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