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Terms & Conditions

TERMS & CONDITIONS - Channel Focus Community

End User License Agreement - Legal notices world wide

This page contains Terms and Conditions for the use of the Channel Focus Community website, owned by Baptie & Co Inc. You MUST agree to these terms to access the website.

1. Unless otherwise specified in writing, the materials on this website are directed solely at senior business professionals.

2. This website is for informational purposes only. We make no warranty as to the accuracy of any information on this website. We provide these materials "AS IS," without representation or warranty of any kind including, but not limited to, any express or implied warranty of accuracy, non-infringement, merchantability or fitness for any purpose. You may use these materials at your own risk and by doing so you release the authors, their organizations, and us from any liability that may arise in connection with such use. The information contained in any such materials is not intended nor implied to be a substitute for professional advice.

3. Material appearing on this website will include promotion of site sponsors and other material submitted by third parties. This website also provides links to other websites operated by sponsors and third parties. It is the responsibility of these third parties to ensure that such material and such websites comply with all relevant laws and regulations. To the fullest extent permissible by law, you release us (including our employees, owners, directors, and officers) from any responsibility for any error, omission, or inaccuracy in such material or any third party’s failure to comply with relevant laws or regulations.

4. The exclusions of liability set forth in these Terms and Conditions apply to any claimed damages of any kind whatsoever, including but not limited to, those arising from death or personal injury, professional damage, deformation of character or Business and loss of business or service caused. In no event shall we be liable for lost profits, special, incidental, or consequential damages.

5. We own the copyright and database rights in the site, except where specifically stated otherwise, including content data, design, graphics, text, images, software and underlying source codes. We own all trademarks, service marks, trade names, logos and devices appearing on the site, whether registered or unregistered, except where specifically stated otherwise. You may not use them without our written permission.

6. The confidentiality of your information is of paramount concern to us. To this end, we fully comply with Data Protection Legislation Guidelines. Information submitted to us over this website is normally unprotected until it reaches us. We ask that you not send confidential details such as credit card numbers to us by email, unless specifically requested by us.

7. We use "cookies," which are alphanumeric identifiers that are stored by your web browser on your computer's hard-drive that enable our system to recognize you when you visit the site. This enables us to track basic visitor information so we can better tailor the site to our visitors' needs. Most web browsers automatically accept cookies, but you can disable this function by changing your browser settings if you wish.

8. We may share overall visitor trends and other generic information collected on this website with third parties. We may also share information as provided in these terms and conditions.

9. Members of discussion groups must not:

a. Post libelous, insulting, antagonistic, racist, aggressive, defamatory comments or otherwise abusive remarks about any individual or company anywhere in the site, including, but not exclusively, within forum posts or the PM (Private Message) system. We reserve the right to read the relevant PM or PMs when we receive a complaint that a forum user has received a PM or PMs in violation of any rule.

b. Post swear words in such a way as to circumvent the group’s built-in swear word removal system (including in signatures).

c. Post any images or text that are deemed by the Webmaster or Moderators as inappropriate for viewing by other members.

d. Promote websites which contain inappropriate material or which are in competition with us.

e. Use the discussion groups via posts or PMs or in your profile to invite people to competing forums or websites. We reserve the right to check PMs should we believe this is happening.

f. Post any spam or Spam related links. People posting spam will be instantly and permanently banned and their posts will be deleted.

g. Solicit business unless they are allowed in specific areas (namely Suppliers Marketplace), and then the posts must conform to discussion group rules. Companies are invited (even encouraged) to post information about products on the site provided it is factual, is generally for the benefit of forum members, and doesn't violate any rule.

h. Create their new threads in more than one discussion group. (Doing so is called cross-posting). You should pick the single most appropriate group for your message. Duplicate posts will be deleted.

i. Use images from third parties' websites without their permission. Linking to an image on someone else's website without their permission is considered to be bandwidth theft and may also be copyright infringement.

j. Register more than once. Doing so will get one or both registrations and all the posts deleted.

k. Question the judgments or actions of Discussion Group moderators. They are far too busy to enter into discussions or arguments.

l. Have an inappropriate login name. We do not permit a login name that breaks any of our rules or includes a business name. The only exception to this rule is if the member's business is one of our sponsors, in which case they can include their business name in their login name.

10. We encourage representatives of Companies to declare who they work for in their user profile. This enables readers of their posts to judge the contents accordingly. However, we prefer Members not to include their employer's information in their signature as this constitutes advertising. The only exception to this rule is if the member's business is one of our sponsors, in which case they can include their business details (with hyperlink) in their signature.

11. We find that the vast majority of site members have no problem with the above rules. However, if they are broken, then moderators will take appropriate and immediate action to ensure the forums remain a pleasant place to visit.

12. If any Discussion Group member feels the moderators have abused their position, they should contact the Webmaster (by private message or email) with the full details of the complaint. Contact details are on the 'Contact Us' page. While we are processing the complaint the thread, topic, document or post will be removed and held in a suspense account pending the outcome.

13. The documents within this site have been collected from a number of sources. This information has been provided free of charge by the authors and their organizations for publication on the site. The individuals and organizations providing this material have agreed to permit distribution to our members. This information is licensed for use by community members and may not be otherwise reproduced, resold, or distributed without our prior written consent. Except as otherwise indicated on the materials themselves, we own the copyright on all materials and we reserve all rights.

14. By downloading any document or accessing selected sponsor areas in the community, you agree that we may provide information pertaining to your download or access choices to the original document author or sponsor who may, in the future, contact you with further information and offers.

15. This site may contain links to and from other Internet sites. These sites are independent of us and we have no control over, or responsibility for, the content, functioning, operation, policies, or availability of such sites. We do not warrant viruses or other harmful components.

16. Venue for Legal Action / Waiver of Jury / Attorney's Fees. In any legal action in any way arising out of your use of this site or any subsequent relationship with us, you agree that the exclusive venue shall be in the County or District Court of Boulder County, Colorado, or if federal jurisdiction is mandatory, in the U.S. District Court for the District of Colorado in Denver.  You waive trial by jury in action arising out of your use of this site.  In any such action, the court shall order the losing party to pay the prevailing party's attorney's fees, expenses, and court costs.

17. Transaction of Business.  You agree that our maintenance of this site does not constitute the transaction of business in any state other than Colorado.

 18. Governing Law. Colorado law governs these Terms and Conditions of Use and any issues arising out of them and/or your use of this site.

19. Severability. If any clause or provision of these Terms and Conditions is held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall be and remain in full force and effect. Further, the court shall modify the invalid provision for our benefit to the maximum extent the law allows.

20. Waiver. Our failure to insist upon strict compliance with any of the terms and conditions shall not be deemed a waiver of such terms and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by one of our authorized officers.