 |
PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE TIMMONS GROUP WEBSITE
(www.timmons.com), HEREFORTH REFERRED TO AS “THE SITE”.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY
CEASE SUCH USE. TIMMONS GROUP MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owners of the intellectual property, copyrights
and trademarks are TIMMONS GROUP its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas
of the Site solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from
the materials. You agree to grant to TIMMONS GROUP a non-exclusive,
royalty-free, worldwide, sub licensable, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to TIMMONS GROUP by all means and in any media now known
or hereafter developed. You also grant to TIMMONS GROUP
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you
shall have no recourse against TIMMONS GROUP for any alleged
or actual infringement or misappropriation of any proprietary right in
your communications to TIMMONS GROUP.
2. Trademarks.
TIMMONS GROUP and/or any other names belonging to TIMMONS GROUP ,or its
Web sites, seminars, conferences, events, trade shows, publications,
products, content or services referenced herein or on the Site are
the exclusive trademarks or service marks of TIMMONS GROUP, including
the "look" and "feel" of
the Site, color combinations, layout, and all other graphical elements.
Any use of TIMMONS GROUP trademarks is strictly prohibited
without the express permission from TIMMONS GROUP. Other
product and company names mentioned in the Site may be the trademarks
of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by TIMMONS GROUP, TIMMONS GROUP does not
operate, control or endorse any information, products or services on
the Internet in any way. Except for TIMMONS GROUP identified information,
products or services, all information, products and services offered
through the Site or on the Internet generally are offered by third
parties that are not affiliated with TIMMONS GROUP. You also understand
that TIMMONS GROUP cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
TIMMONS GROUP offers a search feature within the Site.
TIMMONS GROUP explicitly disclaims any responsibility for
the content or availability of information contained in our search index
or directory. TIMMONS GROUP also disclaims any responsibility
for the completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images,
or other content ("Material") that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
or otherwise objectionable that may invade another's right of privacy
or publicity;
b) Impersonate any person or entity, including but not limited to, an
TIMMONS GROUP official, forum leader, guide or host or falsely
state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or fiduciary relationships
(such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations
or labels that you upload to any communication feature;
f) Use the Site’s communication features in a manner that adversely
affects the availability of its resources to other users (e.g., excessive
shouting, use of all caps, or flooding continuous posting of repetitive
text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk
mail", "spam," "chain letters," "pyramid
schemes" or any other form of solicitation or any non-resume information
such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar
navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe,
or attempt to unsubscribe, any party for any TIMMONS GROUP
product or service if you are not expressly authorized by such party
to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. TIMMONS GROUP PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND TIMMONS GROUP
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT
THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. TIMMONS
GROUP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILLTIMMONS GROUP BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
TIMMONS GROUP OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, TIMMONS GROUP LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use
of the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless TIMMONS GROUP, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Site from and against all losses, expenses,
damages and costs, including attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct) by you
or your use and access of the Site.
TIMMONS GROUP reserves the right to release current or
past member or Web site user information if TIMMONS GROUP
believes that a member’s account is being used to commit unlawful
acts, if the information is subpoenaed and/or if TIMMONS GROUP deems
it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification)
are for the benefit of TIMMONS GROUP and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Site. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly
against you on its own behalf.
7. Term; Termination.
Either party without notice may terminate this Agreement at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6
(Third Party Rights) and 11 (Miscellaneous) shall survive any termination
of this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet,
data, e-mail, or privacy. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third
party found on or through the Site, regarding the payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
you and such third party. You agree that TIMMONS GROUP
shall not be responsible or liable for any loss, damage or other matters
of any sort incurred as the result of any such dealings.
10. Links.
The Site may provide, or third parties may provide, links to non-TIMMONS
GROUP Internet World Wide Web sites or resources. Because TIMMONS GROUP
has no control over such sites and resources, you acknowledge and agree
that TIMMONS GROUP is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge
and agree that TIMMONS GROUP shall not be responsible or liable, 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 site or resource.
11. Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of the State of (enter state name), United States applicable
to agreements made and to be performed in the State of (enter state
name), United States. You agree that any legal action or proceeding
between TIMMONS GROUP and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting
in the City of Richmond, State of Virginia,
United States.
Any cause of action or claim you may have with respect to the Site must
be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. TIMMONS GROUP
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. TIMMONS
GROUP may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or
other forward-looking statements regarding future events or the future
financial performance of TIMMONS GROUP. We wish to caution
you that these statements are only predictions and that the actual events
or results may differ materially.
|
|
