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Disclaimer
1. Definitions: "Fact Presentations website" is an interactive on-line
service on the World Wide Web of the Internet, including an information
services and content provided by third parties.
"User" is anyone viewing any part of the Fact Presentations website.
2. Introduction: Fact
Presentations website is a free community information service website
provided to users of Fact Presentations. By posting a message in the
Fact Presentations website , you agree to be bound by the following
terms and conditions. If you do not wish to be bound by these terms,
then please do not use Fact Presentations website.
3. General: This Agreement,
incorporates by reference other provisions applicable to use of Fact
Presentations website, including, but not limited to, supplemental terms
and conditions set forth herein ("Supplemental Terms") governing the use
of certain specific material contained in Fact Presentations website,
and sets forth the terms and conditions that apply to use of Fact
Presentations website by the user.
By using Fact Presentations website (other than to read this Agreement
for the first time), user agrees to comply with all of the terms and
conditions hereof. The right to use Fact Presentations website is
personal to user and is not transferable to any other person or entity.
User is responsible for all use of User's account (under any screen name
or password) and for ensuring that all use of User's Account complies
fully with the provisions of this Agreement. User shall be responsible
for protecting the confidentiality of User's password(s), if any.
Fact Presentations shall have the right at any time to change or
discontinue any aspect or feature of Fact Presentations website,
including, but not limited to, content, hours of availability, and
equipment needed for access or use.
4. Changed Terms: Fact Presentations shall have the right at any time to
change or modify the terms and conditions applicable to User's use of
Fact Presentations website, or any part thereof, or to impose new
conditions. Such changes, modifications, additions, or deletions shall
be effective immediately upon notice thereof, which may be given by
means including, but not limited to, posting on Fact Presentations
website, or by electronic or conventional mail, or by any other means by
which Subscriber obtains notice thereof. Any use of Fact Presentations
website by User after such notice shall be deemed to constitute
acceptance by User of such changes, modifications, or additions.
5. Limitations on Use: You understand that all text and messages
appearing here are the sole responsibility of those persons posting the
message. This means that you, and not Fact Presentations, are entirely
responsible for all information and material that you post on the Fact
Presentations website. Fact Presentations does not control the content
of messages posted on Fact Presentations website and does not guarantee
the accuracy, integrity, or quality of anything on the Fact
Presentations website ,or any products or services that may appear here.
You understand that by using the Fact Presentations website, you may be
exposed to content that is offensive, indecent, or objectionable. Under
no circumstances will Fact Presentations be liable for any errors or
omissions in any postings or for any loss or damages of any kind
incurred as a result of the use of any information contained in the Fact
Presentations website.
Further, you agree not to do any of the following while using Fact
Presentations website:
A. Transmit any message,
information, data, text, or other materials ("Content") that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libellous, that may be invasive of
another's privacy, hateful, racially, ethnically or otherwise
objectionable;
B. Impersonate any person or entity, including but not limited to, any
Fact Presentations official, forum administrator, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person
or entity;
C. Post or transmit any software or graphic files on Fact Presentations
website or transmit any Content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships (such as
nondisclosure agreements);
D. Post or transmit any unsolicited advertising, promotional materials,
"junk mail", "spam", "chain letters", "pyramid schemes", or any other
form of solicitation in any Fact Presentations website;
Third Party Content:
A. Fact Presentations is a distributor (and not a publisher) of content
supplied by third parties and Subscribers. Accordingly, Fact
Presentations has no more editorial control over such content than does
a public library, bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information or content expressed
or made available by third parties, including information providers,
Subscribers or any other user of Fact Presentations, are those of the
respective author(s) or distributor(s) and not of Fact Presentations.
B. Neither Fact Presentations nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular purpose.
(Refer to Section 14 below for the complete provisions governing
limitation of liabilities and disclaimers of warranty.)
C. In many instances, the Content available through Fact Presentations
represents the opinions and judgments of the respective information
provider, Subscriber, or other user. Fact Presentations neither
endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on Fact Presentations by anyone. Under
no circumstances will Fact Presentations be liable for any loss or
damage caused by a Subscriber's reliance on information obtained through
Fact Presentations. It is the responsibility of Subscriber to evaluate
the accuracy, completeness or usefulness of any information, opinion,
advice, or other content available through Fact Presentations. Please
seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice, or other
content.
7. Monitoring: Fact Presentations shall have the right, but not the
obligation, to monitor the content of Fact Presentations website, to
determine compliance with this Agreement and any operating rules
established by Fact Presentations and to satisfy any law, regulation or
authorized government request. Fact Presentations shall have the right
in its sole discretion to edit, refuse to post, or remove any material
submitted to or posted on Fact Presentations. Without limiting the
foregoing, Fact Presentations shall have the right to remove any
material that Fact Presentations, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable.
8. Termination: Either Fact Presentations or User may terminate this
Agreement at any time. Without limiting the foregoing, Fact
Presentations shall have the right to immediately terminate User's
Account in the event of any conduct by Subscriber which Fact
Presentations, in its sole discretion, considers to be unacceptable, or
in the event of any breach by Subscriber of this Agreement. The
provisions of Sections 4, 5, and this Section 8 shall survive
termination of this Agreement.
9. Copyrighted Information: Message boards sometimes contain material in
which users share material they have copied electronically from other
sources. Because there are many thousands of possible sources spread out
across the Internet, e.g., newspapers, scientific journals, and bulletin
boards, it is impossible to determine if any message on any Fact
Presentations forum infringes the copyright of another party. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please notify Fact Presentations so the
situation can be promptly addressed. To notify us, please write to us at
enquiries@factpresentations.com.
10. Privacy: It is Fact Presentations's policy to take reasonable
measures to respect the privacy of Fact Presentations users. Fact
Presentations will take reasonable measures to not disclose the
contents of your communications outside the Fact Presentations forum
unless required to do so by law or in the good faith belief that such
action is reasonably necessary to: (i) comply with legal process; (ii)
enforce these terms and conditions; (iii) respond to claims that any
Content on Fact Presentations violates the rights of third-parties; or
(iv) protect the rights, property, or personal safety of Fact
Presentations , its users, and the public.
11. Sites Linked From the Fact Presentations Web site: Fact
Presentations site may provide and users may include in messages, links
to other Web sites or resources. Fact Presentations 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. Fact Presentations 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 such external sites or resources.
12. Disclaimer of Warranty: The services, information or data
(collectively, "Information") made available at the Fact Presentations
Web site are provided "AS IS", without warranties of any kind. Fact
Presentations expressly disclaims any representations and warranties,
including without limitation, the implied warranties of merchantability
and fitness for a particular purpose. Fact Presentations shall have
absolutely no liability in connection with the services including
without limitation, any liability for damage to your computer hardware,
data, information, materials and business resulting from the Information
or the lack of information available on the Fact Presentations Web
site. Fact Presentations shall have no liability for:
A. Any loss or injury caused, in
whole or in part, by its actions, omissions, or negligence, or for
contingencies beyond its control, in procuring, compiling, or delivering
the Information;
B. Any errors, omissions, or inaccuracies in the Information regardless
of how caused, or delays or interruptions in delivery of the
Information; or
C. Any decision made or action taken or not taken in reliance upon the
Information furnished hereunder.
13. Indemnification:
A. YOU EXPRESSLY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Fact
Presentations, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING LEGAL FEES,
ARISING OUT OF THE USE OF ANY Fact Presentations USER OR USER'S ACCOUNT
MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THESE
TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
B. YOU EXPRESSLY AGREE THAT USE OF Fact Presentations IS AT YOUR OWN
RISK. FOR PURPOSES OF THIS SECTION, Fact Presentations SHALL INCLUDE ITS
DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, PARTNERS, PRINCIPALS,
AGENTS AND REPRESENTATIVES, AND ANY THIRD-PARTY PROVIDERS OR SOURCES OF
INFORMATION OR DATA.
14. No Liability for Content:
A. Fact Presentations SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT
FOUND ON Fact Presentations WEBSITE.
B. Fact Presentations EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT.
C. Fact Presentations MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS
TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE
INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON.
D. Fact Presentations MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY
THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
DEFECTS CAN BE CORRECTED.
E. Fact Presentations MAKES NO WARRANTY THAT ANY CONTENT ON THE Fact
Presentations WEBSITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES Fact Presentations MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH
INFORMATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH Fact Presentations WEBSITE.
F. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF Fact Presentations WEBSITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE
DOWNLOAD OF SUCH CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER THE
APPLICABLE LAW, Fact Presentations WEBSITE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OR INABILITY TO USE Fact Presentations WEBSITE OR
FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED
INTO THROUGH Fact Presentations WEBSITE OR RESULTING FROM ALTERATION OR
DELETION OF ANY MESSAGES, EVEN IF Fact Presentations HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
15. Equipment: Subscriber shall be responsible for obtaining and
maintaining all telephone, computer hardware, and other equipment needed
for access to and use of Fact Presentations website and all charges
related thereto.
16. Miscellaneous: This Agreement and any operating rules for Fact
Presentations established by Fact Presentations constitute the entire
agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties
with respect to such subject matter. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any legal import.
If you become aware of any messages in any Fact Presentations website
that violate these terms and conditions, please cut and past the
relevant content into an e-mail together with the offending person's
identification and contact us at
enquiries@factpresentations.com. Fact Presentations cannot guarantee
that any action will be taken as a result of your e-mail.
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