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Terms of Use Published: 23rd November 2011 The Brumby Engineering College web site is owned and run by Brumby Engineering College of Cemetery Road, Scunthorpe, North Lincolnshire, DN16 1NT, United Kingdom The Brumby Engineering College web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Brumby Engineering College website constitutes your acceptance of, and agreement with Brumby Engineering College to, all such terms, conditions, and notices. The Brumby Engineering College web site may also contain other additional terms, codes of conduct or guidelines that govern without limitation, particular features or offers (for example, competitions, prize draws). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the Brumby Engineering College web site, then these Terms of Use and Notices shall control. MODIFICATION OF THESE TERMS OF USE Brumby Engineering College reserves the right to change the terms, conditions, and notices under which the Brumby Engineering College Site/Services are offered, including but not limited to the charges associated with the use of the Brumby Engineering College Site/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted. Your continued use of the Brumby Engineering College Site/Services constitutes your agreement with Brumby Engineering College to all such terms, conditions, and notices. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Brumby Engineering College Site. Without the advance express written permission of Brumby Engineering College, you may not 'meta-search' the Brumby Engineering College Site, send, or cause to be sent, any automated queries of any sort to the Brumby Engineering College Site. "Automated queries" shall include but not be limited to using any software that sends queries to the Brumby Engineering College Site. LINKS TO THIRD PARTY SITES The Brumby Engineering College site may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of Brumby Engineering College and Brumby Engineering College is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brumby Engineering College is not responsible for web casting or any other form of transmission received from any Linked Site nor is Brumby Engineering College responsible if the Linked Site is not working appropriately. Brumby Engineering College is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brumby Engineering College of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Brumby Engineering College site, you will not use the Brumby Engineering College site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Brumby Engineering College site in any manner that could damage, disable, overburden, or impair the Brumby Engineering College site or interfere with any other party's use of the Brumby Engineering College site. You may not attempt to gain unauthorised access to the Brumby Engineering College site, other computer systems or networks connected to the Brumby Engineering College site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Brumby Engineering College site. LIABILITY DISCLAIMER The information, software, products, and services included in or available through the Brumby Engineering College site may include inaccuracies or typographical errors. Changes are periodically made to the Brumby Engineering College site and to the information therein. Brumby Engineering College and/or its respective suppliers may make improvements and/or changes in the Brumby Engineering College site at any time. Advice received via the Brumby Engineering College site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Brumby Engineering College and/or its respective agencies make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Brumby Engineering College site for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind, express or implied. To the fullest extent permitted by law. Brumby Engineering College and/or its respective suppliers hereby disclaim all warranties, conditions and other terms with regard to this information, software, products, services and related graphics, including all implied warranties, conditions or other terms of satisfactory quality, merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that Brumby Engineering College site shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Brumby Engineering College site. You specifically agree that Brumby Engineering College is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Brumby Engineering College is not responsible for any content sent using and/or included in the Brumby Engineering College site by any third party. To the fullest extent permitted by law in no event shall Brumby Engineering College and/or its agencies be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data revenues or profits, arising out of or in any way connected with the use or performance of the Brumby Engineering College site, with the delay or inability to use the Brumby Engineering College site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Brumby Engineering College site, or otherwise arising out of the use of the Brumby Engineering College site, whether based on contract, tort, negligence, strict liability or otherwise, even if Brumby Engineering College or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Brumby Engineering College site, or with any of these terms of use, to the fullest extent permissible by English law, your sole and exclusive remedy is to discontinue using the Brumby Engineering College site. The limitations on and exclusions of liability for damages in this agreement apply regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, or any other legal theory. Nothing in this agreement limits Brumby Engineering Colleges liability for (ii) personal injury or death caused by negligence or (ii) fraud. Brumby Engineering College makes no warranty that the Brumby Engineering College site will be uninterrupted, timely secure or error-free. GENERAL This agreement is governed by the laws of England and Wales. You hereby irrevocably consent to the exclusive jurisdiction and venue of the English courts. in all disputes arising out of or relating to the use of the Brumby Engineering College Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brumby Engineering College as a result of this agreement or use of the Brumby Engineering College Site. You agree to indemnify and hold Brumby Engineering College, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees on a solicitor-client basis, asserted by any third party due to or arising out of your use of or conduct on the Brumby Engineering College Site. Subject to all applicable Data Protection legislation, Brumby Engineering College reserves the right to disclose any personal information about you or your use of the Brumby Engineering College Site, including its contents, without your prior permission if Brumby Engineering College has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Brumby Engineering College or its affiliated agencies; (3) enforce these Terms of Use and Notices; or (4) act to protect the interests of its members or others. Brumby Engineering Colleges performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brumby Engineering Colleges right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Brumby Engineering College Site or information provided to or gathered by Brumby Engineering College with respect to such use. The Contracts (rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms of Use and Notices. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Brumby Engineering College will not be liable to you for any breach of these Terms of Use and Notices, which arise because of any circumstances that Brumby Engineering College cannot reasonably be expected to control. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Brumby Engineering College with respect to the Brumby Engineering College Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brumby Engineering College with respect to the Brumby Engineering College Site provided that this shall not limit either party’s liability for any fraudulent misrepresentation. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. COPYRIGHT AND TRADEMARK NOTICES: All contents of the Brumby Engineering College Site are: Copyright © 2011 Brumby Engineering College and/or government agencies. All rights reserved. TRADEMARKS. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organisation, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
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