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These terms and conditions (the "Terms") govern your use of
The Facilitator website (the "Website") owned by The Bagheri Group. If you
do not agree with these Terms, do not use this Website.
General Use Restrictions
All information, documents, articles, software and services
(the "Materials") provided on this Website were provided by
or to The Bagheri Group by their respective manufacturers, authors,
developers and vendors (the "Third Party Providers") and
are the copyrighted work of The Bagheri Group and/or the Third Party
Providers. Except as stated herein, none of the Materials
may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior express
written permission of The Bagheri Group or the Third Party Provider.
No part of the Website, including logos, graphics, sounds or
images, may reproduced or retransmitted in any way, or by any
means, without the prior express written permission of The Bagheri Group.
You also may not, without The Bagheri Group's prior express written
permission, "mirror" any Material contained on this Website
on any other server.
Nothing on this Website shall be construed as conferring
any license under any of The Bagheri Group's or any Third Party Provider's
intellectual property rights, whether by estoppel, implication,
or otherwise. You acknowledge sole responsibility for obtaining
any such licenses.
Permission is granted to display, copy, distribute and download
The Bagheri Group's Materials on this Website provided that: (1) both
the copyright notice identified below and this permission notice
appear in the Materials, (2) the use of such Materials is solely
for personal, non-commercial and informational use and will not
be copied or posted on any network computer or broadcast in any
media, and (3) no modifications of any of the Materials are made.
This permission terminates automatically without notice if you
breach any of these terms or conditions. Upon termination,
you will immediately destroy any downloaded and printed Materials.
Any unauthorized use of any Materials contained on this Website
may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
Third Party Content Disclaimer
Materials provided by Third Party Providers have not been
independently authenticated in whole or in part by The Bagheri Group.
The Bagheri Group does not provide, sell, license, or lease any of the
Materials other than those specifically identified as being
provided by The Bagheri Group or sold through a separate reseller
agreement such as retail offering of books and other printed
material in expressed partnership with one or more web-based
bookseller(s).
Links to Third Party Sites
This Website may be linked to other websites which are not
under the control of and are not maintained by The Bagheri Group. The Bagheri Group
is not responsible for the content of those sites. The Bagheri Group is
providing these links to you only as a convenience, and the
inclusion of any link to such sites does not imply endorsement by and
affiliation with The Bagheri Group of those sites.
Software Use Restrictions
Any software that is made available to download from the Website
(the "Software") is the copyrighted work of The Bagheri Group and/or
Third Party Providers. Use of the Software is governed by
the terms of the end user license agreement, if any, which
accompanies or is included with the Software (the "License Agreement").
An end user will be unable to install any Software that is
accompanied by or includes a License Agreement, unless the end user
first agrees to the terms of the License Agreement. Except as set
forth in the applicable License Agreement, any further copying,
reproduction or redistribution of the Software is expressly
prohibited.
Installation assistance, product support and maintenance, if any,
of the Software is available from the Third Party Providers,
as the case may be.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS
OF THE LICENSE AGREEMENT WITH THE THIRD PARTY VENDOR.
EXCEPT AS SET FORTH IN THE LICENSE
AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS
AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE
HELD TO BE LEGALLY INVALID.
Submissions
Unless otherwise explicitly stated, herein, any
Materials provided by you in connection with this Website shall be
deemed to be provided on anon-proprietary and non-confidential basis.
The Bagheri Group shall have no obligation of any kind with respect to
such Materials and shall be free to use or disseminate such Materials
on an unrestricted basis for any purpose. You acknowledge that you
are responsible for the Materials that you submit, and you, not The Bagheri Group,
have full responsibility for the Materials, including their legality,
reliability, appropriateness, originality and copyright.
Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE
ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR INFORMATIONAL
USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS
AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED,
EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY
INVALID. THE BAGHERI GROUP MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES
AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF
ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS
REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF
SUCH MATERIALS.
Limitation of Liability
THE BAGHERI GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A
RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING,
OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL THE BAGHERI GROUP BE
LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS,
USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES,
WHETHER FOR BREACH OR IN TORT, EVEN IF The Bagheri Group HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP
OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE
AND WILL NOT MAKE A CLAIM AGAINST THE BAGHERI GROUP FOR LOST DATA,
RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS
RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD THE BAGHERI GROUP HARMLESS FROM, AND YOU COVENANT NOT
TO SUE THE BAGHERI GROUP FOR, ANY CLAIMS BASED ON USING THE WEBSITE.
Local Laws; Export Control
The Bagheri Group controls and operates this Website from its headquarters
in the United States of America and makes no representation
that these Materials are appropriate or available for use in
other locations. If you use this Website from other locations,
you are responsible for compliance with applicable local laws
including but not limited to the export and import regulations
of other countries.
Unless otherwise explicitly stated, all marketing or promotional
materials found on this Website are solely directed to individuals,
companies or other entities located in the United States,
the United Kingdom and Australia.
You acknowledge and agree that Materials are subject to the U.S.
Export Administration Laws and Regulations. Diversion of such
Materials contrary to U.S. law is prohibited. You agree that none
of the Materials, nor any direct product therefrom, is being or
will be acquired for, shipped, transferred, or reexported,
directly or indirectly, to proscribed or embargoed countries or
their nationals, nor be used for nuclear activities, chemical
biological weapons, or missile projects unless authorized by
the U.S. Government. Proscribed countries are set forth in the
U.S. Export Administration Regulations. Countries subject to
U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria,
and the Sudan. This list is subject to change without further
notice from The Bagheri Group, and you must comply with the list as
it exists in fact. You certify that you are not on the U.S.
Department of Commerce's Denied Persons List or affiliated lists
or on the U.S. Department of Treasury's Specially Designated
Nationals List. You agree to comply strictly with all U.S.
export laws and assume sole responsibility for obtaining licenses
to export or reexport as may be required.
U.S. Government Rights
The Materials on this Website are provided with the following
restrictions: Use, duplication, or disclosure by the U.S.
Government is subject to the restrictions set forth in the
FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III)
(June 1987), or if DoD, as specified in DFARS 252.7202-1(a)
and 252.7202-3(a) and vendor's applicable license terms,
and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995),
as applicable. Use of the Materials by the U.S. Government
constitutes acknowledgment of The Bagheri Group's and/or the
Third Party Provider's proprietary rights in them.
General
This Website could include inaccuracies or typographical errors. The Bagheri Group
and the Third Party Providers may make improvements and/or changes
in the products, services, programs, and prices described in this
Website at any time without notice. Changes are periodically made
to the Website.
Any action related to these Terms will be governed by Texas law
and controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply.
These Terms represent the entire understanding relating to the
use of the Website and prevail over any prior or contemporaneous,
conflicting or additional, communications. The Bagheri Group can revise
these Terms at any time without notice by updating this posting.
Trademarks
"The Facilitator", "The Facilitator" newsletter's banner logo,
"thefacilitator.com", "The Facilitator Newsletter",
"The Bagheri Group" and "Publishing On and Off the Net!" are trademarks
or registered trademarks of The Bagheri Group Company (of Dallas, Texas, U.S.A.)
in the United States and other countries.
This page last updated on November 5, 2003
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