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Legal
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Copyright. Unless otherwise
stated, the copyright and similar rights in all material
published on this Web site are owned by the publisher,
Group C Communications, Inc. or its licensors. You are
permitted to print or download extracts from this material
for personal use only. None of this material may be
used for any commercial or public use without prior
written permission from the publisher. No part of this
Web site or any material appearing on it may be reproduced
on, stored in, or transmitted to any other Web site.
No material appearing on this Web site may be disseminated
in any form, either electronic or non-electronic, nor
included in any retrieval system or service without
prior written permission from the publisher.
Disclaimer
Whilst every effort
has been taken to verify the accuracy of the content
on and proper operation of this site, Group C Communications,
Inc. cannot accept any responsibility or liability for
the improper operation of the site (including any associated
software) or reliance by any person on the site content.
Terms/Conditions |
Go to Privacy Policy
Please read through these
terms carefully. By accessing facilitycity.com, busfac.com,
tfmgr.com, facilityforum.com or facilitycomm.com Web
site(s) or by otherwise accessing any content found
on these Web site(s), you are deemed to have entered
into an agreement with Group C Communications, Inc.
and to have agreed to be bound by the terms set out
below. The Site(s) is owned and operated by Group C
Communications, Inc..
1. Intellectual Property
Protection
2. Use of Group C Content
3. Term and Termination
4. Changes to the Site
5. Registration, Passwords and Responsibilities
6. Privacy Policy
7. Community Forums
8. No Warranty, Disclaimer of Liability and Indemnity
9. Force Majeure
10. Miscellaneous
11. Governing Law and Jurisdiction
These terms were last updated
on 22 January 2001.
1. Intellectual Property
Protection
The contents and design
of the Site(s) and any material e-mailed to you or otherwise
supplied to you in conjunction with the Site(s) (such
contents, design and materials being collectively referred
to as the "Group C Content"), are copyright of Group
C Communications, Inc. and its licensors. You may not
use or reproduce or allow anyone to use or reproduce
any trade marks (such as the "FacilityCity", "Business
Facilities", "Today's Facility Manager", "The TFM Show",
"FacilityComm", "Group C" name(s) and logo(s) or other
trade names appearing on the Site(s)) for any reason
without written permission from Group C Communications,
Inc.. The software which operates the Site(s) is proprietary
software and you may not use it except as expressly
allowed under these Terms. You may not copy, reverse
engineer, modify or otherwise deal with the software.
2. Use of Group C Content
You may retrieve and display
the Group C Content on a computer screen or (if expressly
authorized) mobile telephone, print individual pages
on paper (but not photocopy them) and store such pages
in electronic form on your mobile telephone for your
personal, non-commercial use. Except as expressly set
out above, you may not reproduce, modify or in any way
commercially exploit any of the Content. In particular,
but without limiting the general application of the
restrictions contained in the preceding sentence, you
may not do any of the following without prior written
permission from Group C Communications, Inc.:
- reproduce or store
in or transmit to any other Web site, newsgroup, mailing
list, electronic bulletin board, server or other storage
device connected to a network or regularly or systematically
store in electronic or print form, all or any part
of the Group C Content, or
- modify, publish, transmit,
participate in the transfer or sale of, reproduce,
create derivative works from, distribute, perform,
display, or in any way exploit all or any part of
the Group C Content (including use as part of any
library, archive or similar service) without the prior
written consent of Group C Communications, Inc.,
- remove the copyright
or trade mark notice from any copies of the Group
C Content made under these Terms. Any use of the Group
C Content not specifically permitted above is expressly
prohibited. Requests for permission for other uses
may be sent to the Webmaster at Group C Communications,
Attn: Jeff Clapp 44
Apple Street, Suite 3, Tinton Falls, NJ 07724
United States, or by e-mail to
Webmaster@groupc.com, and may be subject to a
fee.
3. Term and Termination
Group C Communications,
Inc. may, in its discretion, terminate or suspend your
access to all or part of the Site(s) (including any
right to access and use the Group C Content) with or
without cause by delivering notice to you.
The rights of termination
are in addition to all other rights or remedies of Group
C Communications, Inc. provided in these Terms or by
law.
You may cancel your membership
to the Group C Communications, Inc. suite of sites at
any time by contacting the site administrator at 1-800-524-0337
ext. 270 or via email at
Webmaster@groupc.com.
4. Changes to the Site
Group C Communications,
Inc. reserves the right, in its discretion, to suspend,
change, modify, add or remove portions of the Group
C Content available on the Site(s) at any time and to
restrict the use and accessibility of the Site(s).
5. Registration, Passwords
and Responsibilities
Certain areas of the Site(s)
are only accessible to you if you register. You are
solely responsible for the confidentiality and use of
and access to the Group C Content and the Site(s) using
your user name, sign-on password, and/or I.D. You agree
to immediately notify Group C Communications, Inc. if
you become aware of any loss or theft of any sign-on
password or I.D. or any unauthorised use of a sign-on
password, I.D., user name, or of the Group C Content
or the Site(s). You will provide Group C Communications,
Inc. with accurate, complete registration information
(including in particular your e-mail address) and inform
Group C Communications, Inc. of any changes to such
information. For the purpose of confirming your compliance
with the terms of these Terms, Group C Communications,
Inc. reserves the right to monitor and record activity
on the Site(s), including access to the Group C Content.
6. Privacy Policy
The information that you
provide about yourself to Group C Communications, Inc.
will only be used in accordance with Group C Communications,
Inc. Privacy Policy Statement.
7. Community Forums
The Site(s) may include bulletin
boards, discussion groups and other public areas that
allow feedback to Group C Communications, Inc. and interaction
between users and Group C Communications, Inc. representatives
("Forums"). While Group C Communications, Inc. does
not control the information/materials posted to Forums
by users (the "Messages"), it reserves the right (which
it may exercise at its sole discretion without notice)
to delete, move or edit the Messages and to terminate
your access to and use of the Forums.
You are solely responsible for
the content of your Messages. You must comply with any
rules posted by Group C Communications, Inc. on a Forum.
You may not:
- post, link to or otherwise
publish any Messages containing any form of advertising
or promotion for goods and services or any chain Messages
or "spam";
- post, link to or otherwise
publish any Messages with recommendations to buy or
refrain from buying a particular security or which
contain confidential information of another party
or which otherwise have the purpose of affecting the
price or value of any security:
- post, link to or otherwise
publish any Messages that are unlawful, threatening,
abusive, libellous, indecent, infringe copyright or
other rights of third parties or which contain any
other form of illegal content;
- post or otherwise publish
any Messages that contain a virus or other harmful
component;
- disguise the origin
of any Messages;
- impersonate any person
or entity (including Group C Communications, Inc.
employees or Forum guests or hosts) or misrepresent
any affiliation with any person or entity;
- post or otherwise publish
any Messages unrelated to the Forum or the Forum's
topics;
- post or transmit any
Messages that contain software viruses, files or code
designed to interrupt, destroy or limit the functionality
of the Site or any computer software or equipment;
- collect or store other
users' personal data;
- restrict or inhibit
any other user from using the Forums.
By submitting Messages to any
Forum you agree to indemnify and hold harmless Group
C Communications, Inc. and its affiliates from all claims,
costs and expenses (including legal expenses) arising
out of any Messages posted or published by you that
are in breach of this section.
The Forums contain Messages submitted
by users over whom Group C Communications, Inc. has
no control. Group C Communications, Inc. cannot guarantee
the accuracy, integrity or quality of any Messages.
Some users may breach these terms and post Messages
that are misleading, untrue or offensive. You must bear
all risk associated with your use of the Forum and should
not rely on Messages in making (or refraining from making)
any specific investment or other decisions.
By submitting Message to a Forum
you are granting Group C Communications, Inc. perpetual
royalty free non-exclusive licence to reproduce, modify,
translate, make available, distribute and sub-license
the Message in whole or in part and in any form. This
may include personal information such as your user name
and alias and your expressions of opinion. Group C Communications,
Inc. reserves the right to contact you by e-mail with
regard to your use of the Forums. You waive any moral
rights that you may have in regard to the Messages you
submit.
It is not possible for Group
C Communications, Inc. to fully and effectively monitor
Messages that are submitted for infringement of third
party rights. If you believe that a message infringes
your legal rights, you should notify Group C Communications,
Inc. immediately by contacting the Webmaster@groupc.com.
8. No Warranty, Disclaimer
of Liability and Indemnity
Whilst every effort has been
made to ensure the high quality and accuracy of the
Site(s), Group C Communications, Inc. makes no warranty,
express or implied concerning the Group C Content, the
Site(s), software or products or services available
through the Site(s) (the "Site(s) Services"), which
are provided "as is". Group C Communications, Inc. expressly
disclaims all warranties, including but not limited
to warranties of fitness for a particular purpose and
warranties of merchantability. In no event will Group
C Communications, Inc., its affiliates or other suppliers
be liable for direct, special, incidental, or consequential
damages (including, without limitation, damages for
loss of business profits, business interruption, loss
of business information or other pecuniary loss) arising
directly or indirectly from the use of (or failure to
use) or reliance on the Site(s) Services, even if Group
C Communications, Inc. has been advised of the possibility
that such damages may arise. Group C Communications,
Inc. does not guarantee the accuracy, content, or timeliness
of the Site(s) Services or that they or related systems
are free from viruses or other contaminating or destructive
properties.
In no event will any liability
of Group C Communications, Inc., its affiliates, agents
and licensors to you (and/or any third party) arising
out of any kind of legal claim (whether in contract,
tort, or otherwise) in any way connected with the Site(s)
Services or breach of these Terms by Group C Communications,
Inc. exceed the amount, if any, paid by you to Group
C Communications, Inc. in respect of the particular
Site(s) Service to which the claim relates.
Upon Group C Communications,
Inc.'s request, you agree to defend, indemnify and hold
harmless Group C Communications, Inc. from any claims
and expenses, including reasonable legal fees, related
to any breach of these Terms by you or your use of any
Site(s) Services.
9. Force Majeure
Group C Communications,
Inc., its affiliates and its information providers will
not be liable or deemed to be in default for any delay
or failure in performance or interruption of the delivery
of the Group C Content resulting directly or indirectly
from any cause or circumstance beyond its or their reasonable
control, including but not limited to failure of electronic
or mechanical equipment or communication lines, telephone
or other interconnect problems, computer viruses, unauthorised
access, theft, operator errors, severe weather, earthquakes
or natural disasters, strikes or other labour problems,
wars, or governmental restrictions.
10. Miscellaneous
Changes to these Terms. Group
C Communications, Inc. may, in its discretion, change
these Terms (including those relating to your use of
Site(s) and/or the Group C Content). When Terms are
changed, Group C Communications, Inc. will notify you
by email or by publishing details of those changes by
including them in these Terms. If you use the Site(s)
after Group C Communications, Inc. has published or
notified you of the changes, you are agreeing now to
be bound by those changes. If you do not agree to be
bound by those changes, you should not use the Site(s)
any further after they are published. Access to certain
Group C Content may be subject to additional terms and
conditions.
Advertising, Third Party Content
and other Web Sites. Parts of the Site(s) may contain
advertising or other third party content. Advertisers
and other content providers are responsible for ensuring
that material submitted for inclusion on the Site(s)
complies with international and national law. Group
C Communications, Inc. is not responsible for any third
party content or error, omission or inaccuracy in any
advertising material. The Site(s) may contain links
to other Web sites. Group C Communications, Inc. is
not responsible for the availability of these Web sites
or their contents.
Assignment of Agreement. This
agreement is personal to you and your rights and obligations
under these Terms may not be assigned, sub-licensed
or otherwise transferred. This agreement may be assigned
to a third party by Group C Communications, Inc..
Non-Waiver. No delay or omission
on the part of either party in requiring performance
by the other party of its obligations will operate as
a waiver of any right.
Notices. Notices to Group C Communications,
Inc. must be given in writing by letter and sent to
Group C Communications, Inc..
Severability/Survival/Statute
of Limitations. If any provision of these Terms is invalid
or unenforceable, such will not render all the Terms
unenforceable or invalid but rather the Terms will be
read and construed as if the invalid or unenforceable
provision(s) are not contained therein. Any cause of
action of yours with respect to these Terms must be
filed in a court of competent jurisdiction in the United
States, within one year after the cause of action has
arisen, or such cause will be barred, invalid, and void.
Whole Agreement. Save as expressly
referred to herein, any representation, warranty, term
or condition not expressly set out in these Terms shall
not apply.
Headings. Headings in these Terms
are for convenience only and have no legal meaning or
effect.
11. Governing Law and Jurisdiction
These Terms shall be governed
by, and construed in accordance with, United States
law. The parties irrevocably agree that the courts of
the United States shall (subject to the paragraph below)
have exclusive jurisdiction to settle any dispute which
may arise out of, under, or in connection with these
Terms or the legal relationship established by them,
and for those purposes irrevocably submit all disputes
to the jurisdiction of the United States courts.
For the exclusive benefit of
Group C, Group C Communications, Inc. shall retain the
right to bring proceedings as to the substance of the
matter in the courts of the country of your residence
or, where these Terms are entered into in the course
of your trade or profession, the country of your principal
place of business.
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