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Globalcad Consultants Ltd produces Globalcad.com. This
Terms of Service contains important information; please
read it carefully. We also encourage you to review our
Privacy Policy.
Globalcad Consultants Ltd ("Globalcad") provides the
Globalcad.com site and various related services (together
referred to as the "Site") subject to your compliance
with these Terms of Service ("TOS"). By using the Site,
you agree to be bound by the terms and conditions set
forth below.
If you do not wish to be bound by the TOS, please exit
the Site now. Your sole remedy for dissatisfaction with
the Site, or any products, services, content, or information
available on or through the Site, is to stop using the
Site and/or those particular services.
Globalcad or its assignees may amend these TOS from
time to time by updating this page; a link to this page
will appear on most Site pages. Your continued use of
the Site will indicate your acceptance of the revised
TOS. Please bookmark this page and periodically review
it for updates, to ensure that you are familiar with
the most current version.
As used in these TOS, Globalcad's "Affiliates" refers
to Globalcad's owners, subsidiaries, affiliated companies,
suppliers, partners, sponsors, and advertisers, and
includes (without limitation) all parties involved in
creating, producing, and/or delivering the Site and/or
its contents.
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Copyright © 2009 Globalcad Consultants Ltd. All Rights
Reserved.
All material within the Site is the property of Globalcad
and/or its Affiliates. Except for a single copy made
for personal use only, you may not reprint, republish,
resell, or redistribute these materials in any form
or manner without the express written permission of
the owner(s) of the material. Globalcad and its Affiliates
do not warrant or represent that your use of materials
displayed on, or obtained through, the Site will not
infringe rights of third parties.
"Globalcad.com" and the Globalcad.com logo are trademarks
of Globalcad. All other trademarks are trademarks or
registered trademarks of their respective owners. Nothing
in these TOS grants you any right to use any trademark,
service mark, logo, and/or trade name of Globalcad or
its Affiliates.
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While Globalcad uses reasonable efforts to include
accurate and up-to-date information in the Site, Globalcad
and its Affiliates: (a) make no warranties or representations
as to the completeness, accuracy, currency, or availability
of anything available (or intended to be available)
on or through the Site; and (b) assume no liability
or responsibility for any errors or omissions in the
content of the Site (regardless of the cause) or for
any resulting damages. If you do become aware of an
error, please contact us using one of the forms provided
in our Support area.
Content available through the Site often represents
the opinions and judgments of an information provider,
Site user, or other entity not connected with Globalcad.
Globalcad neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice, or statement
made by anyone other than an authorised Globalcad spokesperson
acting in his/her official capacity. Under no circumstances
will Globalcad.com or its Affiliates be liable for any
loss or damage caused by your reliance on information
obtained on or through the Site. It is your responsibility
to evaluate the accuracy, completeness, or usefulness
of any information, opinion, advice or other content
available on or through the Site.
Your use of the Site is at your own risk. Neither Globalcad
nor its Affiliates shall be liable for any direct, incidental,
consequential, indirect, or punitive damages, whether
under any contract, negligence, strict liability or
other theory, arising out of or in connection with:
(a) your access to, or use of, the Site; (b) any products,
services, information, activities, and/or materials
available on or through the Site; (c) any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy found in or through
the Site, regardless of its origin; (d) any breaches
of security involving the Site or your account, or any
lack of availability or operational problem of, the
Site; or (e) any viruses or other code that may affect
your computer equipment or other property as a result
of your use of the Site. WITHOUT LIMITING THE FOREGOING,
EVERYTHING AVAILABLE ON OR THROUGH THE SITE IS PROVIDED
TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY
PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE
ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED
SOLELY BY SUCH THIRD PARTY, AND NOT BY GLOBALCAD OR
ANY OTHER OF ITS AFFILIATES.
IN NO EVENT SHALL GLOBALCAD OR ITS AFFILIATES BE LIABLE
FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR
ANY DOWNLOADED MATERIALS, EVEN IF GLOBALCAD OR ITS AFFILIATES
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING DISCLAIMER IN NO EVENT
SHALL GLOBALCAD'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR
OTHERWISE) EXCEED THE AMOUNT YOU PAID TO GLOBALCAD,
IF ANY, FOR PRODUCTS OR SERVICES PURCHASED ON THIS SITE.
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Portions of the Site may include links to sites operated
by third parties (i.e., sites not owned or operated
by Globalcad). Use of third-party sites is at your own
risk. GLOBALCAD MAKES NO WARRANTY OF ANY KIND IN CONNECTION
WITH ANY THIRD-PARTY SITE OR ANY INFORMATION, PRODUCTS,
SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY
SITE.
Globalcad and its Affiliates do not endorse, and shall
not be liable in connection with, any information or
services available on or through any third-party site,
except to the extent that a particular Affiliate owns
the third-party site and affirmatively states a different
policy. Third-party sites may have their own agreements
or policies governing use of their sites.
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You are responsible for ensuring that your use of the
Site is in compliance with any applicable laws or regulations.
You agree not to:
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Restrict or inhibit any other user from using and
enjoying the Site. This includes, without limitation,
(a) using, or attempting to use, any account without
the owner's permission, (b) obtaining or soliciting
another person's password or other personal information
under false pretences, or (c) impersonating another
user or otherwise misrepresenting yourself to Globalcad,
our Affiliates, the Site's systems, or other entities.
Impersonation of Globalcad personnel is grounds
for immediate termination without notice.
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Interfere (or attempt to interfere) with the operation
of the Site. This includes, without limitation,
(a) interfering with, defeating, or circumventing
any security function of the Site, or attempting
to do so, or (b) accessing, or attempting to access,
any portion of the Site that you are not authorised
to access. Unauthorised access (or attempts) can
subject you to civil and/or criminal penalties.
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Post, store, or transmit any unlawful, threatening,
defamatory, obscene, inflammatory, pornographic,
profane, or otherwise objectionable (as determined
by Globalcad) information or material, or any information
or material that could constitute or encourage conduct
that would be considered a criminal offence, give
rise to civil liability, or otherwise violate any
law.
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Post or transmit any advertising, promotion, or
solicitation of goods or services for commercial
purposes except in any areas of the Site specifically
designated for such purpose.
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Misuse any e-mail function available on or through
the Site. This includes, without limitation, (a)
sending unsolicited commercial e-mail to any account
that causes complaints from the recipients, (b)
continuing to send commercial e-mail to a recipient
if recipient has requested that you discontinue
such communication, (c) sending bulk e-mails, "Spam",
chain letters, "mail bombs", or other disruptive
transmissions, or (d) forging message headers or
otherwise concealing an e-mail address or preventing
others from responding to a message, or attempting
to do so.
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Use the Site to post, store, or transmit any information
or software that contains a virus, worm, Trojan
horse, or other harmful or disruptive component;
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Use the Site to post, store, or transmit materials
in violation of another party's copyright or other
intellectual property rights. You are solely responsible
for determining whether any material you post, store,
or transmit is subject to a third party's rights;
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Use the Site for any unlawful purposes; or
- Modify, adapt, sublicense, translate, resell, retransmit,
reverse engineer, de-compile or disassemble any portion
of the Site.
Globalcad may from time to time monitor or review public
Site discussions, chats, postings, transmissions, bulletin
boards, and the like, although Globalcad is under no
obligation to do so and assumes no responsibility or
liability arising from the content of any such locations.
Globalcad may keep archives of any or all public postings
or submissions. Globalcad may refuse to post, or may
remove at any time, any information or materials, in
whole or in part, that Globalcad determines are unacceptable,
offensive, or in violation of these TOS. Globalcad will
cooperate with law enforcement authorities or court
orders directing Globalcad to disclose the identity
of anyone posting any such information or materials.
Globalcad may immediately terminate or limit without
notice any individual's use of all or portions of the
Site and/or such user's account(s) in the event of any
conduct by such user which Globalcad in its sole discretion,
considers to be unacceptable, or in the event of any
breach by such user of these TOS. Such termination may
occur without notice to the user.
Subject to Globalcad's Privacy
Policy, any communication or material you transmit
to the Site or to Globalcad, whether by electronic mail
or otherwise, for any reason, will be treated as non-confidential
and non-proprietary. Globalcad may use anything (together
with any ideas, concepts, know-how, or techniques contained
therein) that you transmit or post to the Site or to
Globalcad in any manner, for any purpose, without credit
or compensation.
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In order to use certain parts of the Site, you may
be asked to supply certain personal information, which
may include credit card or other payment information.
Globalcad will treat all personal information as described
in our Privacy Policy. All
personal information that you provide must be accurate,
complete, and kept current. Please note that, while
we request that the companies with which we do business
observe the spirit of our Privacy Policy, we cannot
be responsible for what they do with personal information
that you provide.
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Globalcad may make accounts available to corporations
or other companies (referred to generally as a "corporate
account"). Any company opening a corporate account shall
designate an individual to serve as Administrator of
the account. The Administrator must have legal authority
to bind the company to these TOS, and to take other
binding actions on the company's behalf. The Administrator
will be responsible for (a) the compliance with these
TOS by all users of that corporate account, (b) insuring
that all payments due in connection with the account
are duly made, (c) receiving any notices from Globalcad
and communicating them to other company users as needed,
and (d) any other responsibilities of an Administrator
published on the Site. Only employees of the company
may hold sub-accounts under a corporate account.
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Globalcad may make e-mail services available to Site
users, either directly or through a third-party supplier.
Globalcad will not inspect or disclose the contents
of private e-mail messages except with the consent of
the sender or recipient, or as otherwise required by
law or by court.
Mailboxes may have a limited storage capacity. If you
exceed the maximum permitted storage space, we may employ
automated devices that delete or block e-mail messages
that exceed the limit. Globalcad will not be responsible
for any such blocked or deleted messages.
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Globalcad may at any time, without prior notice (a)
cancel any user registration or account, or deny or
limit any user's access to all or portions of the Site,
(b) change or eliminate any component of the Site, and/or
(c) impose, remove, or change any fees or charges for
use of the Site or any feature thereof.
While Globalcad attempts to ensure the listing of accurate
and up-to-date prices, offers, and other information,
it will not be responsible for typographical or other
errors, regardless of their cause.
You are responsible for maintaining the confidentiality
of your account information and any password(s), and
must immediately notify Globalcad of any unauthorised
use of your account. . Protect your password - you are
responsible for all use made under your account, including
any mail sent and any charges and taxes incurred. Globalcad
personnel will never ask you for your password.
Although the Site may be accessible worldwide, not
all products, services, or information referenced in
the Site are available to all persons in all geographic
locations or jurisdictions. Globalcad reserves the right
to limit, in its sole discretion, the availability of
the Site and/or the provision and quantity of any product,
service, and/or information to any person, geographic
area, or jurisdiction it so desires. Any offer for any
product, service, and/or information made in connection
with the Site is void where prohibited.
Nothing contained in these terms shall be construed
to limit the actions or remedies available to Globalcad
and/or its Affiliates with respect to any prohibited
activity or conduct. Non-enforcement of any term of
these TOS does not constitute consent or waiver, and
Globalcad reserves the right to enforce such term at
its sole discretion.
You agree to indemnify, defend and hold harmless Globalcad
and its Affiliates against any and all claims, damages,
costs or other expenses that arise directly or indirectly
from (a) your breach of this Agreement, (b) your activities
in connection with the Site, and/or (c) any other matter
for which you are responsible hereunder or under law.
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These TOS shall be governed by the law of the United
Kingdom. Any action to be brought in connection with
these TOS or the Site shall be brought in the courts
of the United Kingdom and you irrevocably consent to
their jurisdiction. In any action to enforce this Agreement,
the prevailing party will be entitled to costs and reasonable
legal fees. In the event that any provision of these
TOS are held to be unenforceable, such provision shall
be limited or eliminated to the minimum extent necessary
to keep these TOS otherwise in full force and effect.
This Agreement constitutes the entire agreement between
Globalcad and you pertaining to the subject matter hereof,
and any and all other agreements existing between us
relating thereto are expressly cancelled. No waiver
by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent
breach or default.
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GlobalCAD, GlobalCAD (logo), LandARCH, LandARCH (logo),
Matrix, Matrix (logo), Project Center, Project Center
(logo), Schedule, Schedule (logo), Hatch Manager,
Hatch Manager (logo), Block Manager and Drawing Border are
trademarks of Globalcad Consultants Limited.
Copyright © 2009 Globalcad Consultants Ltd. All Rights Reserved.
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