 |
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.
|
|
|
|
 |