Falcon Solution
Terms of Use
Driving Distance Calculator
|
||||||||||||||||||
Products
Services
Useful Links
Terms Of Use
Welcome to Falcon Solution. We are excited
that you have decided to take advantage of the many useful services
offered here. Before you begin, please take a minute to read these
Terms of Service to ensure that you understand the terms and conditions
of our relationship.
These Terms of Service are an agreement between
Falcon Solution ("Falcon Solution") and users
of its website ("you" or "user"). BY CLICKING
ON "I AGREE" BELOW, YOU INDICATE YOUR CONSENT TO BE
BOUND BY THE PROVISIONS OF THESE TERMS OF SERVICE. We reserve
the right to update or change these Terms of Service at any time
and for any reason, however, if we make significant changes to
our policies, we will notify registered users by e-mail, post
a notice on our home page or alert you to such changes by other
similar means. By continuing to use this website, you agree to
be bound by any such revisions and should therefore periodically
visit this page of the website and print the latest version of
the Terms of Service for your records. For your information, the
date of the last update to these Terms of Service is stated at
the top of this document.
In addition to these Terms of Service, you should
also read and be aware of the provisions of our Privacy Policy,
which discloses Falcon Solution' practices regarding the
collection and use of your personal information, and other policies
that govern other parts of our website.
1. LEGAL NOTICES
Disclaimers:
ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED ON THIS WEBSITE, OR PROVIDED BY THIS WEBSITE, INCLUDING ALL TESTS, SPREADSHEETS, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT AND 'COOKIES," ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EPXRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PROVIDED BY LAW, FALCON SOLUTION, ITS SUPPLIERS AND SPONSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
FALCON SOLUTION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, SERVICES AND ADVICE PROVIDED ON THIS WEBSITE ARE ACCURATE, RELIABLE, COMPLETE OR CURRENT.
Limitation of Liability
IN NO EVENT SHALL FALCON SOLUTION, NOR ANY OF ITS OWNERS, MANAGERS, EMPLOYEES, SUPPLIERS, SPONSORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT DAMAGES.
IN ADDITION, IN NO EVENT SHALL FALCON SOLUTION, NOR ANY OF ITS OWNERS, MANAGERS, EMPLOYEES, SUPPLIERS, SPONSORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE MATERIAL CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, EVEN IF AN AUTHORIZED REPRESENTAVE OF FALCON SOLUTION IS ADVISED OF THE LIKELIHOOD OR POSSIBILTY OF THE SAME. IN NO EVENT IS FALCON SOLUTION LIABLE FOR ANY DAMAGES CAUSE BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.
WHEN USING THE FALCON SOLUTION WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF FALCON SOLUTION AND ITS SPONSORS AND SUPPLIERS. ACCORDINGLY, FALCON SOLUTION ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE FALCON SOLUTION WEBSITE.
Certain Jurisdictions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction.
INTELLECTUAL PROPERTY
Copyrights:
All of the content of this website, including text, art, graphics, spreadsheets, logos, button icons, images, pictures, audio clips and software, is the property of Falcon Solution, our partners, sponsors, licensors, or content providers, and is protected by U.S. and international copyright laws. We have designed the content of this website for your use while you enjoy your Falcon Solution experience. Except as granted in the limited license below, any other use of this content, including modification, transmission, presentation, distribution or republication, is prohibited without the express prior written consent of Falcon Solution.
Trademarks:
All trademarks, trade names, brand names and service marks of Falcon Solution, whether registered or unregistered, is the property of Falcon Solution, our partners, sponsors or licensors and is protected by U.S. and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of Falcon Solution.
Limited License:
Falcon Solution authorizes you to download the material on this website solely for your internal use. If you violate any provision of these Terms of Service, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.
Infringements:
If you think that any of the information posted to this website infringes a copyright, trademark, patent or other right of another party, please contact Falcon Solution' Designated Agent at sales@falcon-solution.com
Restrictions on Use:
You agree that you will not upload or transmit
any communications or content of any type that infringe or violate
any rights of any party. By submitting communications or content
to any part of this website, you agree that such submission is
non-confidential for all purposes. If you make any such submission,
you automatically grant -- or warrant that the owner of such content
has expressly granted -- Falcon Solution a royalty-free,
perpetual, irrevocable, world-wide exclusive license to use, reproduce,
create derivative works from, modify, publish, edit, translate,
distribute, perform, and display the communication or content
in any media or medium, or any form, format, or forum now known
or hereafter developed for any purpose. Falcon Solution may
freely sublicense its rights through multiple tiers of sublicenses.
GENERAL LEGAL PROVISIONS
Links and Co-Branded Services:
Falcon Solution may include or provide links on its website to other websites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. [Falcon Solution may also provide some of its services in conjunction with partner companies, called co-branded services. When accessing a co-branded service, you may not be able to tell that you have left Falcon Solution' website in order not to impair your user experience. In providing such links and co-branded services, Falcon Solution does not represent to you that it has investigated the content of such information, opinions or recommendations, and thus you understand and agree that Falcon Solution does not warrant or guarantee the accuracy of such information or necessarily endorse, credential or accredit any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that Falcon Solution has no control over such sites and is not responsible for the availability of such external sites. You also acknowledge and agree that Falcon Solution does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites.]
Password/User ID:
You are responsible for the confidentiality and use of your user name, password, Falcon Solution account number and any additional access number necessary to use the website. You are solely responsible for all activities on or through the website using your user name, password, Falcon Solution account number and any additional access numbers. You agree to immediately notify us if you become aware of any loss, theft, or unauthorized use of your user name, password, or Falcon Solution account number and to ensure that you exit from your account after each session. You may contact us at sales@falcon-solution.com
No Endorsements:
Falcon Solution does not recommend or endorse any specific brand of products, services, procedures or other information that may be mentioned or advertised on the website. The advertisers who purchase banners or otherwise sponsor or support Falcon Solution have no influence on the editorial content or presentation, and the posting of advertisements should not be taken as an implied endorsement of any product or service.
Content:
You understand that all information, data, text, software, music, sound, photographs, graphics, spreadsheets, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. Content found in the website, newsgroups, message boards, email, forums, conferences and chat rooms reflect only the views of their authors. Forum managers, forum hosts and other content providers appearing on Falcon Solution are not authorized spokespersons for us, and their views do not necessarily reflect our views. This means that you, and not us, are entirely responsible for all content that you post, upload, email or otherwise transmit via Falcon Solution.
You may not post, upload, email or otherwise transmit: (i) advertisements, solicitations or other promotional material; (ii) information that is illegal, unlawful or otherwise objectionable; (iii) messages that are threatening, abusive, harassing, tortuous, vulgar, invasive of another's privacy, harmful to a person's reputation, obscene, racially or ethnically derogatory, or otherwise objectionable; or (iv) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. We do not control the content posted via Falcon Solution and, as such, do not guarantee the accuracy, integrity or quality of such content. You understand that by using Falcon Solution, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via Falcon Solution.
We are merely a forum. You acknowledge that we do not pre-screen content, but that we retain the right to move or refuse any content that is available via Falcon Solution. Without limiting the foregoing, we and our designees shall have the right to remove any content that we, in our sole judgment, believe violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content. In this regard, you acknowledge that you may not rely on any content displayed on Falcon Solution.
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of us, our users and the public.
Links:
Falcon Solution may contain links to websites operated by other parties. We do not, either expressly or by implication, endorse the content on such websites or any association it may have with third parties. The links are provided for your convenience only. We have absolutely no control over such websites nor do we review the content on those websites; therefore, we are not responsible or liable for any content, advertising, products or other materials on or available from such websites. You further acknowledge and agree that we are not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
Termination:
You agree that we may terminate or suspend your
Falcon Solution membership without prior notice and acknowledge
and agree that we may immediately deactivate or delete your account
and all related information and files in your account and/or bar
any further access to such files or Falcon Solution. Further,
you agree that we shall not be liable to you or any third party
for any termination of your access to Falcon Solution.
Governing Law and Jurisdiction:
These Terms of Service will be governed by the
laws of The Commonwealth of Massachusetts without giving effect
to any principles of conflicts of laws. You hereby consent to
the exclusive jurisdiction and venue of the courts located in
Boston, Massachusetts.
Export Laws:
The U.S. export control laws regulate the export
and re-export of technology originating in the United States.
This includes the electronic transmission of information and software
to foreign countries and to certain foreign nationals. You agree
to abide by these laws and their regulations and not to transfer,
by electronic transmission or otherwise, any content derived from
the website to either a foreign national or a foreign destination
in violation of such laws.
Indemnification:
You agree to indemnify, defend and hold harmless
Falcon Solution, its officers, directors, employees, agents,
co-branders, licensors, suppliers, sponsors, and affiliates from
and against any claims, actions or demands, liabilities and settlements
including, without limitation, reasonable legal and accounting
fees, resulting from, or alleged to result from, your violation
of these Terms of Service or any activity related to your use
of this website by you or any other person accessing Falcon Solution using your account.
User Representations:
You represent and warrant that you are at least
18 years of age and that you possess the legal right and ability
to legally obligate yourself to these Terms of Service and to
use Falcon Solution in accordance with these Terms of Service.
You agree to be financially responsible for your use of Falcon Solution (as well as for use of your account by others, including
minors living with you) and to comply with your responsibilities
and obligations as stated in these Terms of Service.
International Laws:
Falcon Solution is based in The Commonwealth
of Massachusetts in the United States of America. Falcon Solution makes no claims that the content is appropriate or may
be downloaded outside of the United States, or that Falcon Solution' practices and policies will comply with the laws of
other countries or states. Access to the content may not be legal
by certain persons or in certain countries. If you access the
Falcon Solution website from outside the United States, you
do so at your own risk and are responsible for compliance with
the laws of your jurisdiction.
Entire Agreement:
Except as expressly provided in the other policies
on the Falcon Solution website, these Terms of Service constitute
the entire agreement between you and Falcon Solution with
respect to the use of the Falcon Solution website and content.
Your use of the Falcon Solution website is also subject to
the Falcon Solution Privacy Policy.
You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content
or third-party software.
Waiver:
Our failure to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver
of such right or provision. No waiver of any of these Terms of
Service shall be deemed a further or continuing waiver of such
term or condition or any other term or condition.
Severability:
If any provision of the Terms of Service is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and
the other provisions of the Terms of Service remain in full force
and effect.
Modification:
Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of these
Terms of Service; however, we reserve the right to modify these
Terms of Service at any time, and such modifications shall be
effective immediately upon either posting of the modified Terms
of Service or by notification to you. You agree to review these
Terms of Service periodically to be aware of such modifications,
and your continued access to or use of Falcon Solution shall
de deemed your conclusive acceptance of the modified Terms of
Service. You agree that these standards for notice of changes
are reasonable. You agree that we shall not be liable to you or
to any third party for any modification, suspension or discontinuance
of Falcon Solution.
Assignment:
Falcon Solution may assign its rights and
duties under this Agreement to any party at any time without notice
to you and/or your approval.
Questions; Comments:
Questions or comments regarding this website should
be directed by e-mail to sales@falcon-solution.com
Acknowledgement:
You acknowledge that the provisions, disclosures
and disclaimers set forth in this Terms of Service are fair and
reasonable and your agreement to follow and be bound by them is
not the result of fraud, duress or undue influence exercised upon
you by any person or entity. Notwithstanding any provisions of
this Terms of Service, Falcon Solution has available all
remedies at law or equity to enforce this Terms of Service. There
are no representations, promises, warranties or undertakings by
Falcon Solution contrary to those set forth above.