Welcome to the TM Group Web site (the
"Site"). By using the Site, you agree to
follow and be bound by the following terms and
conditions concerning your use of the Site
("Terms of Use"). We may revise the Terms
of Use at any time without notice to you.
Areas of the Site may have different terms of use
posted. If there is a conflict between the Terms of
Use and terms of use posted for a specific area of
the Site, the latter shall have precedence with
respect to your use of that area of the Site.
1. Use of Web Site Information
You may download, view, copy and print documents and
graphics incorporated in these documents (the
"Documents") from the Site subject to the
following: (a) the Documents may be used solely for
personal, informational, non-commercial purposes;
and (b) the Documents may not be modified or altered
in any way. Except where your use constitutes
"fair use" under copyright law, you may
not otherwise use, download, upload, copy, print,
display, perform, reproduce, publish, license, post,
transmit or distribute any information from this Web
site in whole or in part without the express
authorization of The TM Group.
2. Use of Software
Any use of software and accompanying documentation
you download from the Site is subject to the terms
of a software license agreement between you and The
TM Group. You must read the license agreement and
indicate your agreement to its terms prior to
installing or using the software. All rights, title
and interest not expressly granted are reserved.
3. Copyright/Trademark Information
Copyright © 2004, The TM Group, Inc.. All rights
reserved.
The TM Group is a registered trademark of TM
Group, INc.. Other names appearing on the Site may
be trademarks of their respective owners.
4. Passwords and Security
You are responsible for maintaining the
confidentiality of any password(s) you are given to
access the Site, and are fully responsible for all
activities that occur under your password(s). You
agree to notify TM Group immediately of any
unauthorized use of your password(s).
TM Group is concerned about the security of
personal information we have collected from you and
has taken reasonable steps to prevent unauthorized
access to that information.
5. Termination of Use
You agree that The TM Group may, in its sole
discretion, at any time terminate your access to the
Site and any account(s) you may have in connection
with the Site. Access to the Site may be monitored
by The TM Group.
6. Third Party Web Sites, Content, Products and
Services
The Site provides links to Web sites and access to
content, products and services from third parties,
including users, advertisers, affiliates and
sponsors of the Site. You agree that The TM Group is
not responsible for the availability of, and content
provided on, third party Web sites. You should refer
to the policies posted by other Web sites regarding
privacy and other topics before you use them. You
agree that The TM Group is not responsible for third
party content accessible through the Site, including
opinions, advice, statements and advertisements, and
understand that you bear all risks associated with
the use of such content. If you choose to purchase
any products or services from a third party, your
relationship is directly with the third party. You
agree that The TM Group is not responsible for: (a)
the quality of third party products or services; and
(b) fulfilling any of the terms of your agreement
with the seller, including delivery of products or
services and warranty obligations related to
purchased products or services. You agree that The TM Group
is not responsible for any loss or damage of any
sort you may incur from dealing with any third
party.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE,
AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE
PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. The TM Group 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 NON-INFRINGEMENT. The TM Group
MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR
REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE
WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. The TM Group
SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION
OR SOFTWARE.
The TM Group RESERVES THE RIGHT TO MAKE CHANGES
OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL The TM Group BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF
PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR
ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR
TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE
SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless The TM Group,
its officers, directors, employees and agents from
and against any and all claims, liabilities,
damages, losses or expenses, including reasonable
attorneys' fees and costs, arising out of or in any
way connected with your access to or use of the
Site.
10. Note About Children
Minors are not eligible to use the Site, and we ask
that they do not submit any personal information to
us.
11. Export Restrictions/Legal Compliance
You may not access, download, use or export the
Site, or the content, software, products or services
provided on the Site in violation of U.S. export
laws or regulations, or in violation of any other
applicable laws or regulations. You agree to comply
with all export laws and restrictions and
regulations of any United States or foreign agency
or authority, and not to directly or indirectly
provide or otherwise make available the services and
products of The TM Group in violation of any such
restrictions, laws or regulations, or without all
necessary approvals, including, without limitation,
for the development, design, manufacture or
production of nuclear, chemical or biological
weapons of mass destruction. As applicable, you
shall obtain and bear all expenses relating to any
necessary licenses and/or exemptions with respect to
your own use of the services of The TM Group outside
the U.S. Neither the services of The TM Group nor
the underlying information or technology may be
downloaded or otherwise provided or made available,
either directly or indirectly, (i) into Cuba, Iran,
Iraq, Libya, North Korea, Sudan, Syria or any other
country subject to U.S. trade sanctions, to
individuals or entities controlled by such
countries, or to nationals or residents of such
countries other than nationals who are lawfully
admitted permanent residents of countries not
subject to such sanctions; or (ii) to anyone on the
U.S. Treasury Department's list of Specially
Designated Nationals and Blocked Persons or the U.S.
Commerce Department's Table of Denial Orders. By
agreeing to these Terms and Conditions of Use, you
agree to the foregoing and represents and warrants
that you are not located in, under the control of,
or a national or resident of any such country or on
any such list.
13. Applicable Laws
All matters relating to your access to, and use of,
the Site shall be governed by U.S. federal law or
the laws of the State of California. Any legal
action or proceeding relating to your access to, or
use of, the Site shall be instituted in a state or
federal court in Oakland County, Michigan. You and The TM Group
agree to submit to the jurisdiction of, and agree
that venue is proper in, these courts in any such
legal action or proceeding.
14. Contact Information
If you have any questions regarding these Terms of
Use, please contact The TM Group at info@tmgroupinc.com.
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