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Terms and Conditions

The Business Forum Online® is an online information and education service provided by Thomas A. Faulhaber d/b/a The Business Forum Online® subject to your compliance with the terms and conditions set forth below. Please read this Agreement carefully before accessing or using this service. By accessing or using this service, 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 this service. The Business Forum Online® may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of this service shall be deemed your conclusive acceptance of the modified Agreement.

  1. Copyright, Licenses and Idea Submissions.

    The entire contents of The Business Forum Online® are copyrighted under the United States copyright laws. The owner of the copyright is Thomas A. Faulhaber. You may print and download portions of material from the different areas of this Website solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of this Website solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of The Business Forum Online®. You agree not to change or delete any proprietary notices from materials downloaded from this Website. You agree that you shall have no recourse against The Business Forum Online® for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

  2. Use of this Website.

    The content of this Website is designed to provide information in connection with the subject matters covered. Use is granted with the understanding that the publisher and authors are not engaged in rendering legal or financial advice. If expert assistance is required, the services of a competent professional should be sought.

    The purpose of this Website is informational and educational. The publisher and authors shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly by any information presented on this Website.

    You also understand that The Business Forum Online® cannot and does not guarantee or warrant that files available for downloading through this Website 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 this Website for the reconstruction of any lost data.

    You assume total responsibility and risk for your use of this service and the Internet. The Business Forum Online® 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 this service, any information or service provided through this Website or on the Internet generally, and The Business Forum Online® 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, and other information provided through this service or on the Internet generally. The Business Forum Online® does not warrant that this service will be uninterrupted or error-free or that defects in the service will be corrected. The service and the software are provided on an "as is, as available" basis.

    In no event will The Business Forum Online® be liable for (a) 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 this service, or any information, or transactions provided on this service or downloaded from this service, even if The Business Forum Online® or its authorized representatives have been advised of the possibility of such damages, or (b) any claim attributable to errors, omissions, or other inaccuracies in this service and/or information downloaded through this service.

  3. Indemnification.

    You agree to indemnify, defend and hold harmless The Business Forum Online®, its employees, agents, licensors, suppliers and any third party information providers to this Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your Internet access account (including negligent or wrongful conduct) by you or any other person accessing this Website using your Internet access account.

  4. Third Party Rights.

    The provisions of paragraphs 2 (Use of this Website), and 3 (Indemnification) are for the benefit of The Business Forum Online® and its employees, agents, licensors, suppliers, and any third party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions upon you directly on its own behalf.

  5. Term; Termination.

    This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of this Website), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

  6. Miscellaneous.

    This Agreement shall all be governed and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be performed in Massachusetts. You agree that any legal action or proceeding between The Business Forum Online® 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 Massachusetts. Any cause of action or claim you may have with respect to this service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Business Forum Online®'s 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. . The Business Forum Online® may assign its rights and duties under this Agreement to any party at any time without notice to you.

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Thomas A. Faulhaber, Editor

Telephone: (617) 232-6596 FAX: (617) 232-6674

Brookline, MA 02446-2822     USA

Revised: January 2, 2004 TAF

© Copyright 1996,1997, 2000. 2002, 2004 Thomas A. Faulhaber / The Business Forum Online® , All Rights Reserved