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Terms of Use
Last Updated: October 12, 2004
Before you visit this web
site, please take a minute to read these Terms of Use to ensure that
you understand the terms and conditions of our relationship. By
using this web site, you acknowledge and agree to our Terms of Use.
If you do not acknowledge and agree to these terms, please exit the
site.
These Terms of Use are an
agreement between Forefront Media ("Forefront Media", "we" and
"our") and users of its web site ("you" or "user"). By using this
web site, you indicate your consent to be bound by the provisions of
these terms of use. We reserve the right to update or change these
Terms of Use at any time and for any reason. By continuing to use
this web site, you agree to be bound by any such revisions and
should therefore periodically visit this page of the web site. For
your information, the date of the last update to these Terms of Use
is stated at the top of this document.
In addition to these Terms of Use, you should also
read and be aware of the provisions of our Privacy Policy, which discloses our
practices regarding the collection and use of your personal
information, and other policies that govern other parts of our web
site.
1. LEGAL NOTICES
The content and functionality on the site is provided
with the understanding that this web site does not render
professional advice or services to you.
RELY AT YOUR OWN RISK: Reliance on information
provided on this web site is solely at your own risk. You should
exercise independent judgment and skepticism before applying any
information provided on this web site to your needs, or relying on
any information in any other way.
Disclaimers:
ALL
INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED ON
THIS WEB SITE, OR PROVIDED BY THIS WEB SITE, INCLUDING ALL TEXT,
GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT AND "COOKIES," ARE PROVIDED
ON AN "AS-IS" BASIS WITHOUT ANY CONDITIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED.
FOR CONTENT FEATURING ANY PROPERTY INFORMATION: ALL
PROPERTY INFORMATION IS BASED UPON SOURCES WHICH WE CONSIDER
RELIABLE. BUT BECAUSE THE INFORMATION HAS BEEN SUPPLIED BY THIRD
PARTIES WE DO NOT REPRESENT THAT IT IS ACCURATE OR COMPLETE AND YOU
SHOULD INDEPENDENTLY VERIFY THE PROPERTY INFORMATION. THIS
INFORMATION IS SUBJECT TO ERRORS, OMISSION, PRIOR SALE, LEASE OR
FINANCING, CHANGES INCLUDING PRICE, AND WITHDRAWAL WITHOUT NOTICE.
ALL SQUARE FOOTAGE AND DIMENSIONS ARE
APPROXIMATE.
TO THE MAXIMUM EXTENT
PROVIDED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE.
WE MAKE NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY ADVICE, ACTION, OR
COUNSELING BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR
PROVIDED WITHIN OR THROUGH THE WEB SITE.
WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION,
MATERIALS, SERVICES AND ADVICE PROVIDED ON THIS WEB SITE ARE
ACCURATE, RELIABLE, COMPLETE OR CURRENT.
Limitation of Liability:
IN NO EVENT SHALL FOREFRONT MEDIA OR ITS
REPRESENTATIVES BE LIABLE FOR ANY DIRECT
DAMAGES.
IN ADDITION, IN NO EVENT
SHALL FOREFRONT MEDIA OR ITS REPRESENTATIVES BE LIABLE FOR ANY
SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR
ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO:
PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS,
INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN
WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE
OR FUNDAMENTAL BREACH), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR
THE MATERIAL CONTAINED IN OR ACCESSED THROUGH THIS WEB SITE. IN NO
EVENT IS FOREFRONT MEDIA LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR
ANY THIRD PARTY'S ACTS OR OMISSIONS.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS
WEB SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE
EVENT GIVING RISE TO SUCH ACTION.
WHEN USING THE WEB SITE, INFORMATION WILL BE
TRANSMITTED OVER A MEDIUM WHICH IS BEYOND OUR CONTROL AND
JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO
THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER
INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEB
SITE.
Certain
Jurisdictions:
Some jurisdictions
do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages.
Accordingly, the above disclaimers and limitations may not apply to
you if you reside in such a jurisdiction.
2. INTELLECTUAL PROPERTY
Copyrights: All of
the content of this web site, including text, art, graphics, logos,
button icons, images, pictures, audio clips and software, is the
property of Forefront Media or its content providers and is
protected by U.S. and international copyright laws. Except as
granted in the limited license below, any other use of this content,
including modification, transmission, presentation, distribution or
republication, is prohibited without the express prior written
consent of Forefront Media.
Trademarks: All trademarks, trade names, brand names
and service marks of Forefront Media, whether registered or
unregistered, are the property of Forefront Media, our partners,
sponsors or licensors and are protected by U.S. and international
trademark laws. Except as granted in the limited license below, any
use of these assets is prohibited without the express prior written
consent of Forefront Media.
Limited License: We authorize you to download the
material on this web site solely for your personal, non-commercial
use. If you violate any provision of these Terms of Use, your
permission to use the content automatically terminates and you must
immediately destroy any copies you have made of any portion of the
content.
3. GENERAL LEGAL PROVISIONS
Links: We may include or provide links on the web site
to other web sites on the Internet, which may include information,
opinions or recommendations of various individuals, organizations or
companies. In providing such links, we do not represent to you that
it has investigated the content of such information, opinions or
recommendations, and thus you understand and agree that we do not
warrant or guarantee the accuracy of such information or necessarily
endorse, credential or accredit any such opinions, recommendations,
web sites or persons. You acknowledge and agree that we have no
control over such sites and we are not responsible for the
availability of such external sites. You also acknowledge and agree
that we do not endorse and are not responsible or liable for any
content, advertising, products or other materials on or available
from such sites. The links are provided for your convenience only.
Therefore, we are not responsible or liable for any content,
advertising, products or other materials on or available from such
web sites. You further acknowledge and agree that we are not
responsible or liable, either directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use
of or reliance on any such content, goods or services available on
or through any such web site or resource.
Indemnification: You agree to indemnify, defend and
hold harmless Forefront Media, its officers, directors, employees,
agents, co-branders, licensors, suppliers, sponsors, and affiliates
from and against any claims, actions or demands, liabilities and
settlements including, without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your
violation of these Terms of Use or any activity related to your use
of this web site by you.
User
Representations: You represent and warrant that you possess the
legal right and ability to legally obligate yourself to these Terms
of Use and to use the web site in accordance with these Terms of
Use. You agree to be financially responsible for your use of the web
site (as well as for use of your account by others, including minors
living with you) and to comply with your responsibilities and
obligations as stated in these Terms of Use.
Entire Agreement: Except as expressly provided in the
other policies on the web site, these Terms of Use constitute the
entire agreement between you and Forefront Media with respect to the
use of the web site and content. Your use of the web site is also
subject to the Privacy Policy.
Waiver: Our failure to exercise or enforce any right
or provision of the Terms of Use shall not constitute a waiver of
such right or provision. No waiver of any of these Terms of Use
shall be deemed a further or continuing waiver of such term or
condition or any other term or condition.
Severability: If any provision of the Terms of Use is
found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the Terms of Use remain in full force and
effect.
Modification: Neither the
course of conduct between the parties nor trade practice shall act
to modify any provision of these Terms of Use; however, we reserve
the right to modify these Terms of Use at any time, and such
modifications shall be effective immediately upon either posting of
the modified Terms of Use or by notification to you. You agree to
review these Terms of Use periodically to be aware of such
modifications, and your continued access to or use of the web site
shall de deemed your conclusive acceptance of the modified Terms of
Use. You agree that these standards for notice of changes are
reasonable. You agree that we shall not be liable to you or to any
third party for any modification, suspension or discontinuance of
the web site.
Assignment:
Forefront Media may assign its rights and duties under this
Agreement to any party at any time without notice to you and/or your
approval.
Questions; Comments:
Questions or comments regarding this web site should be directed
through our online web form.
Acknowledgement: You
acknowledge that the provisions, disclosures and disclaimers set
forth in this Terms of Use are fair and reasonable and your
agreement to follow and be bound by them is not the result of fraud,
duress or undue influence exercised upon you by any person or
entity. Notwithstanding any provisions of this Terms of Use, we have
available all remedies at law or equity to enforce this Terms of
Use. There are no representations, promises, warranties or
undertakings by us contrary to those set forth
above.
By continuing to use this
web site, you represent that you have read these Terms of Use and
our Privacy Policy, understand their terms, and you agree and intend
to be legally bound by them. You acknowledge that, in providing you
access to and use of the web site and our services, we have relied
on your agreement to be legally bound by these Terms of Use. You
acknowledge that you have access to the hardware and software
necessary to transact this agreement electronically and agree to do
so. If you do not accept these Terms of Use, we are unable to grant
you access to the web site at this time.
Special Notice on Dummies®
content
Dummies® , the Dummies
Man logo, A Reference for the Rest of Us!, The Fun and Easy Way, and
The Dummies Way are trademarks or registered trademarks of John
Wiley & Sons, Inc. and or its affiliates in the United States
and other countries, and are used under
license.
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