Terms of Use
The RIFM.org and its affiliated websites (the “Websites”) are owned and operated by the Research Institute for Fragrance Materials, Inc. (“RIFM”). By accessing and using the Websites, you acknowledge that you have read, understand, and consent to the following Terms of Use. Please read the Terms of Use carefully. If you do not agree to be bound by the Terms of Use in its entirety, or do not agree with any later modified Terms of Use, then you must immediately stop using the Websites. If you access or use the Websites in the course of your employment or business, you enter into the Terms of Use both on your own behalf as an individual and in your capacity as an employee, officer, agent, partner, or other agent or representative of such organization that you represent, and references in these Terms of Use to “you” shall mean both you as the individual user of the Website and you in your capacity as a representative of your organization.
Changes to the Terms of Use
RIFM may change the Terms of Use from time to time and if you use the site after changes are posted, it means that you have agreed to the terms and conditions as changed. If we decide to change the Terms of Use, we will post those changes to this Terms of Use and on other web pages we deem appropriate. We recommend that you periodically review the Terms of Use so that you are aware of any changes. You can determine whether the Terms of Use has been changed since you last reviewed it by checking the “Last Updated” date at the top of this web page.
Use of Materials on This Site
RIFM maintains the Websites for your information, education, and communication. All materials on the Websites, including but not limited to artwork, photographs, graphics, audio clips, video clips, text, and trademarks, are the sole property of RIFM or its licensors. The exclusive rights to all materials on the Websites are protected by United States and international laws of copyright, trademark, unfair competition, and other applicable laws.
Unless particular materials are specifically restricted as noted on the site or web page, it is RIFM’s policy to allow limited reproduction and distribution of the materials posted on our Websites as follows: You may reproduce and distribute content provided that: (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark, and other proprietary notices; (2) all copies include a statement that the material was reproduced from RIFM.org or other RIFM website with permission of RIFM; (3) all copies include the following notice “Copyright © 2024 RIFM. All Rights Reserved.”; (4) the copies are distributed only for educational or scientific purposes; and (5) the copies are distributed at no charge or, at most, at actual cost. Provided you comply with all of these conditions, RIFM grants you a non-exclusive, non-transferable license to reproduce and distribute the materials on the Websites.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost, or otherwise use the content of our site without prior written authorization from RIFM. To request such permission, contact RIFM. In no event may RIFM trademarks, symbols, artwork or other visual or audio elements be reproduced separately from the textual content associated with them on the Websites.
Security
The Websites have security measures to protect against the loss, misuse, and alteration of the information under our control. However, your confidential use of the Websites cannot be guaranteed by RIFM. RIFM shall not be responsible for any harm that you or any person may suffer due to a breach of confidentiality concerning the information you transmitted to the Websites.
Posted Materials
The information and opinions expressed in materials posted by visitors on the chat areas, bulletin boards, lists, or other venues that may from time to time be connected with our Websites (collectively, “forums”) are not necessarily those of RIFM or its affiliates. Accordingly, RIFM makes no representations or warranties regarding such posted materials.
Users should be aware that our forums are public, not private communications. Therefore, when you voluntarily disclose personal information on our forums, that information can be collected and used by others, resulting in unsolicited messages from other people.
You shall not submit, upload or post to our forums any content which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (2) infringes any intellectual property or another right of any person or entity, including but not limited to, violating anyone’s copyrights or trademarks; (3) falsifies or deletes author attributions, legal notices or other proprietary designations; (4) violates any law; (5) advocates illegal activity; (6) contains viruses, corrupted files, or other materials that may cause damage to another’s computer, or (7) advertises or otherwise solicits funds or sales of goods or services. In addition, by posting any content on our forums, you automatically agree to indemnify RIFM from and against all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, resulting from your breach of these posting restrictions.
By posting any content on our forums, you automatically grant to RIFM a perpetual, royalty-free, irrevocable, and unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed for any purpose, including advertising and promotion. Furthermore, you automatically waive all “moral rights” concerning the posted content.
Doing Business on the Internet
You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding the efforts of RIFM to implement reasonable security precautions, RIFM does not guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided from time to time by RIFM, and you will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of RIFM.
Outside Links
RIFM has not reviewed all of the sites linked to the Websites and is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to the Websites, whether or not they are affiliated with RIFM. Such linked sites are for your convenience only, and you access them at your own risk. RIFM makes no representations or warranties as to the accuracy or functioning of any such link. That another website is linked to our site does not constitute an endorsement by RIFM of the other site owner, the content of its site, or its products or services.
Limitations on RIFM’s Liability
The materials on this site are provided solely for educational and promotional purposes. Your use and browsing of this site are at your own risk. The materials could include technical or factual inaccuracies or other errors. They are provided to you “as is” without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. RIFM does not warrant that the functions contained in will be uninterrupted or error-free, that defects will be corrected, or that our site or the server that makes it available are free of viruses or other harmful components. RIFM does not warrant or make any representations regarding the use or the results of the use of the materials on our site in terms of their correctness, accuracy, reliability, or otherwise. You (and not RIFM) assume the entire cost of all necessary servicing, repair, or correction.
Under no circumstances, including, but not limited to, negligence, shall RIFM be liable for any indirect, special, incidental, or consequential damages that result from the use of, or inability to use, the materials on our Websites, even if RIFM or a RIFM-authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or special, incidental, or consequential damages, so the above limitation may not apply to you. In no event shall RIFM’s total liability to you for all damages, losses, and causes of action, including but not limited to negligence, arising out of or in connection with your use of a Website(s) exceed the amount paid by you, if any, for accessing the applicable Website(s).
Right to Restrict Access
RIFM reserves the right to remove for any reason posted materials from our forums and the right to deny in its sole discretion any user access to our Websites or our forums without notice.
Compliance With Local Laws
The Websites are operated under the supervision of RIFM from its offices in the United States. If you choose to access the Websites from other locations, you do so at your initiative, and you are responsible for complying with local laws if and to the extent local laws are applicable. In addition, you may not download or otherwise export or re-export software from our Websites in violation of United States export controls.
Arbitration
By accessing the Websites and using the information therein available and/or by purchasing any products or services made available through the Websites, you agree with RIFM, its service providers, their affiliates, parents, subsidiaries and any other content provider or offeror of goods or services on the Websites or through any other associated activity, that any claim or dispute (“Claim”), you may have against or with any of these persons or entities, whether related to the Terms of Use or the Privacy Policy, the purchase of any product or service, including the enforceability of this arbitration clause, and whether under a statute, in contract, tort, or otherwise and whether for money damages, or declaratory or equitable relief, shall be resolved by binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. Any arbitration hearing at which you appear will take place in New York and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall not have the power or authority to make any award that provides for punitive or exemplary damages. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). The arbitrator shall follow applicable substantive law, to the extent consistent with the FAA, and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. NO CLAIM SUBMITTED TO ARBITRATION SHALL BE HEARD BY A JURY, AND NO CLAIM MAY BE BROUGHT AS A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This arbitration provision applies to all Claims now in existence or that may arise and shall survive the termination of any dealings with us.
For the purposes of this arbitration provision, “we” and “us” means RIFM, its parent, subsidiaries, affiliates, licensees or sublicensees, predecessors, successors, assigns and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, “we” or “us” shall mean any third party providing benefits, services, or products in connection with the Websites and all of their officers, directors, employees, and agents if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us.
If any part of this arbitration provision is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this arbitration provision shall be enforceable without regard to such invalidity or unenforceability.
THE RESULT OF THIS ARBITRATION PROVISION IS THAT CLAIMS CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS.
Proprietary Rights
Except for reference materials in the public domain, e.g., statutes, regulations, and governmental reports, all materials on the Websites (as well as the organization and layout of the Websites) are owned and copyrighted by RIFM or its licensors. © Copyright 2024 Research Institute for Fragrance Materials. All rights reserved. Except as authorized by this Terms of Use, no reproduction, distribution, or transmission of the copyrighted materials on the Websites is permitted without the written permission of RIFM.
Trademarks
Except as indicated, RIFM owns all trademarks, service marks, certification marks, and logos featured on the Websites. Except as authorized by this Terms of Use, use of these marks without the express written permission of RIFM is expressly prohibited.
Force Majeure
Notwithstanding any other term or condition of the Terms of Use, RIFM shall not be obligated to perform or observe its obligations undertaken in the Terms of Use if prevented or hindered from doing so by circumstances beyond its control.
Indemnification
You will indemnify and hold harmless RIFM and its employees, officers, directors, providers, and other agents from any and all claims and losses imposed on, incurred by, or asserted as a result of or related to: (a) any non-compliance by you with the terms and conditions hereof; or (b) any third-party actions related to your use of the Websites, whether authorized or unauthorized under the Terms of Use.
Term and Termination. This Agreement may be terminated by you upon written notice to RIFM. Upon notice to you, RIFM may terminate the Terms of Use and your access to the Websites, at any time and for any reason including, but not limited to, your breach of any term of the Terms of Use.
Headings
Section headings are included for convenience only and are not to be used to construe or interpret the Terms of Use.
Waiver and Severability
No failure on the part of RIFM or you to exercise and no delay in exercising any right, power, or privilege under the Terms of Use shall operate as a waiver thereof. If the exercise of any right, power or privilege shall to any extent be held invalid or unenforceable, the remainder of the Terms of Use shall not be affected thereby. Each term and provision of the Terms of Use shall be valid and enforceable to the fullest extent permitted by law.
Governing Law
The Terms of Use shall be deemed to have been made in the United States in the State of New York and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of New York without reference to principles of conflicts of laws thereof.
Jurisdiction and Venue
In the event of any court litigation arising under or related to the Terms of Use, the Websites, RIFM and you irrevocably consent to the exclusive jurisdiction of, and venue in, the courts, local and federal, of New York and submit to the personal jurisdiction of the courts located in New York.
Limitations Period
Any claim or cause of action arising out of or relating to these terms shall be barred unless such claim or cause of action is brought within one year after it arises.
Entire Agreement
The Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior negotiations, communications, writings, and understandings. RIFM may modify the Terms of Use from time to time. If you do not agree to the modifications, stop using the Websites (and remember to cancel any fee-based services). Your continued use of the Websites after the effective date of any modifications means that you agree to the modifications. If any provision of the Terms of Use is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Conflict
In the case of any conflict between the Terms of Use and any additional terms and conditions to which you may agree by accessing or using specific web pages, the additional terms and conditions relating to the specific web page will control in connection with your access to or use of that web page.
Notices
All notices and other communications under the Terms of Use shall be in writing and shall be directed to RIFM at the email address below or to you at the email address or postal address provided by you, if any. Notice shall be deemed to have been duly given upon actual receipt by a party, or upon constructive receipt if sent by certified mail, postage pre-paid, return receipt requested, at such address or any other address, as any party hereto shall hereafter specify by Notice to the other party hereto.
Contact Information
If you have any questions regarding this Terms of Use, please contact us at info@rifm.org.