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Policies and Terms of Use
ATTENTION: PLEASE READ THESE TERMS
CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES
THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"),
DO NOT USE THIS WEB SITE.
Use of Site. Unless otherwise
specified, FourPointGroup and its affiliates and subsidiaries ("FourPointGroup")
Web Sites are for your personal use. You may not modify, copy, distribute,
transmit, display, reproduce, publish, license, create derivative
works from, transfer, or sell any information obtained from FourPointGroup’s
Web Sites. FourPointGroup authorizes you to view and download the materials
at this Web Site only for your personal, non-commercial use, provided
that you retain all copyright and other proprietary notices contained
in the original materials on any copies of the materials. You may
not modify the materials at this Site in any way or reproduce or
publicly display, perform, or distribute or otherwise use them for
any public or commercial purpose. For purposes of these Terms, any
use of these materials on any other Web site or networked computer
environment for any purpose is prohibited. The materials at this
Site are copyrighted and any unauthorized use of any materials at
this Site may violate copyright, trademark, and other laws. If you
breach any of these Terms, your authorization to use this Site automatically
terminates and you must immediately destroy any downloaded or printed
materials.
User Submissions. Other than personally
identifiable information, which is covered under the FourPointGroup Online
Privacy Statement, any material, information or other communication
you transmit or post to this Site will be considered non-confidential
and non-proprietary ("Communications"). FourPointGroup will
have no obligations with respect to the Communications. FourPointGroup
and its designees will be free to copy, disclose, distribute, incorporate
and otherwise use the Communications and all data, images, sounds,
text, and other things embodied therein for any and all commercial
or non-commercial purposes. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, libelous, defamatory,
obscene, pornographic, or other material that would violate any
law.
No Unlawful or Prohibited Use.
As a condition of your use of the this Web Site, you warrant to
FourPointGroup that you will not use the Web Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Web Site in any manner which could damage, disable,
overburden, or impair the Web Site or interfere with any other party’s
use and enjoyment of the Web Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally
made available or provided for through the Web Site.
Disclaimer. THE MATERIALS PROVIDED
AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
FourPointGroup further does not warrant the accuracy and completeness
of the materials at this Site. FourPointGroup may make changes to the
materials at this Site, or to the products and prices described
in them, at any time without notice. The materials at this Site
may be out of date, and FourPointGroup makes no commitment to update
the materials at this Site. Information published at this Site may
refer to products, programs or services that are intended for use
only in a specific country and may not be used or relied upon in
any other country. Applicable law may not allow the exclusion of
implied warranties, so the above exclusion may not apply to you.
Limitation of Liability. IN NO
EVENT WILL FOURPOINTGROUP, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED
AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS
OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED
ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF
THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME
ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Termination/Access Restriction.
FourPointGroup reserves the right, in its sole discretion, to terminate
your access to any or all FourPointGroup Web Sites and the related
services or any portion thereof at any time, without notice.
Modification of These Terms of Use. FourPointGroup
may revise these Terms at any time by updating this posting. You
should visit this page from time to time to review the then-current
Terms because they are binding on you. Certain provisions of these
Terms may be superseded by expressly designated legal notices or
terms located on particular pages at this Site.
General. This agreement is governed
by the laws of the State of Texas, U.S.A. You hereby consent to
the exclusive jurisdiction and venue of courts in Dallas County,
Texas, U.S.A. or the U.S. District Court for the Northern District
of Texas, in all disputes arising out of or relating to the use
of the FourPointGroup Web Sites. Use of the FourPointGroup Web Site
is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and FourPointGroup
as a result of this agreement or use of the FourPointGroup Web Site.
FourPointGroup’s performance of this agreement is subject
to existing laws and legal process, and nothing contained in this
agreement is in derogation of FourPointGroup’s right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the Web Site or information provided to
or gathered by FourPointGroup with respect to such use. 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
provisions 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. Unless
otherwise specified herein, this agreement constitutes the entire
agreement between the user and FourPointGroup with respect to the
FourPointGroup Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and FourPointGroup with respect to the Web Site.
A printed version of this agreement and 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 he same condition as other business documents and records
originally generated and maintained in printed form.
Copyright and Trademark Notices:
All contents of the FourPointGroup Web Sites are: Copyright ©
2004 FourPointGroup. All rights reserved.
TRADEMARKS. FourPointGroup, FourPointMoms,
FourPointConsultants, and FourPointWellness referenced herein are
either trademarks or registered trademarks of FourPointGroup. The
names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
All rights not expressly granted herein are reserved.
Revised September 2004
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