Facility Dynamics Engineering

Terms and Conditions

Introduction

These terms of use govern your use of our website; by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

License to use website

Unless otherwise stated, Facility Dynamics Engineering Corporation and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.  You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website, except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Facility Dynamics Engineering’s express written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Facility Dynamics Engineering makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Facility Dynamics Engineering does not warrant that this website will be constantly available or available at all.  Nothing on this website constitutes, or is meant to constitute, advice of any kind. 

Limitations of liability

Facility Dynamics Engineering will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

l  to the extent that the website is provided free-of-charge, for any direct loss;

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Facility Dynamics Engineering’s liability in respect of any matter which it would be illegal or unlawful for Facility Dynamics Engineering to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

Indemnity

You hereby indemnify Facility Dynamics Engineering and undertake to keep Facility Dynamics Engineering indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

Breaches of these terms and conditions

Without prejudice to Facility Dynamics Engineering’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Facility Dynamics Engineering may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

Assignment

Facility Dynamics Engineering may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.  You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Facility Dynamics Engineering in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with U.S. Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of the state of Maryland.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

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