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Legal
Notice
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
Please read through these terms
carefully. By accessing facilitycity.com, businessfacilities.com,
todaysfacilitymanager.com, tfmshow.com, bfliveXchange.com,
groupc.com or tfmforum.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 03 May 2007.
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", "BF LiveXchange", "Group C", "TFM Forum"
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: Peter McCabe 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. 208 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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