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Published: 28th September 2006 03:10GMT
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 © 2006 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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