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Terms and Conditions

These are the Terms of Use which apply to your use of the Information Facilities Management Limited (IFM) website at www.i-fm.net (the "Site") and the Market Intelligence service (the "Service") provided via the Site or else supplied to you on CD-ROM.

By using the Site or the Service you agree to be bound by these Terms of Use. If, for any reason, you do not agree to these Terms of Use, you have no right to use the Site or the Service. You are required to immediately cease doing so and to return to IFM any and all discs, documents or other materials relating thereto or else destroy any not capable of being returned.

The Terms of Use may change from time to time. You will be notified of any change and your continued use of the Service or the Site following any such change shall indicate your acceptance of the new Terms and your agreement to be bound by the same. These Terms of Use constitute the entire agreement between you and IFM relating to the use of the Site or the Services and supersede any prior terms, agreements or communications, save that nothing shall be so construed as to limit or exclude liability for fraudulent misrepresentation.

Permitted Uses
The usage permitted under these Terms is personal to you. Single user licensees may assign their licence rights without the consent of IFM, provided that they notify IFM in writing of the assignment, including all relevant details of the assignee (such as name, address and telephone number) and also provided that the assignee accepts these Terms and agrees to be bound by them. In the case of multi-user licences, the nominated account administrator may change the users of that account without the consent of IFM provided provided that they notify IFM of the same and the identity of the new user. No other delegation, resale, transfer or assignment is permitted without the prior written consent of IFM. You agree and accept that your usage rights are limited to reference purposes relating to your own personal business interests. You may not use any of the information or materials contained in the Site or the Service for any other commercial purpose.

You will hold any password, user ID or other account signifier(s) in strict confidence and shall not disclose the same to any third party. If you become aware of any actual or likely misuse of your said access details, you will notify IFM as a matter of urgency. IFM reserves the right to withdraw your usage rights at any time.

In using the Site and/or the Services, you will not restrict, inhibit or limit any other authorised user's usage of the Site or the Services. You will not do any act, including posting or transmitting anything, which is or may be unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, derogatory or otherwise objectionable or which might give rise to civil liability or which may damage the goodwill and reputation of IFM.

You agree not to use the Site or the Service for any commercial schemes of any kind or send or be involved in the sending of any unsolicited commercial communications or be engaged in spamming, spoofing or flooding or the sending of anything containing any virus, trojan horse, worm, data bomb, logic bomb or similar component.

Rights in Content
Unless otherwise indicated, all intellectual property rights ( including but not limited to all copyrights, trade marks, patents, database rights, domain names, designs, rights in data, confidential information and know-how rights (registered or unregistered)) in any and all content and structure of the Site and/or the Service (together "Content") is the property of IFM or its licensors.

You may make one copy only of the Content for your own personal use provided that in doing so you that the copy is clearly marked © Information Facilities Management Limited, 2003. You may not make any further copies or modify, licence, create derivative works from, transfer, post, publish, transmit, reproduce, distribute or in any other way exploit the Content without the prior written consent of IFM.

While IFM takes all reasonable steps to ensure the accuracy of the information contained in the Site and the Service, you are advised to independently verify any information before you place reliance on it. IFM accepts no liability for any material or information on the Site or the Services which is provided by any third party. IFM accepts no liability in respect of any losses arising from reliance on the information provided.

The Site contains links to third party websites. These links are provided for your interest and convenience and their presence on the Site does not constitute an endorsement or recommendation by IFM. IFM has no control over these sites and accepts no responsibility in relation to their operation or content.

IFM may monitor your usage of the Site or the Service from time to time but agrees not to monitor or disclose any of your messages specifically marked as confidential. You agree that IFM may disclose any information regarding your usage as may be required to satisfy any legal, regulatory or governmental requirement or request. With the exception of any confidential information, you also agree that IFM may use or disclose information regarding your usage to operate or improve the Site or the Service or to protect IFM, its group companies or other users or subscribers.

IFM takes reasonable and suitable security measures, including the use of SSL RC4-128 bit encryption technology in respect of payment transactions, to ensure the security of your personal information. However, the Internet is an open system and IFM cannot guarantee that your personal information will not be intercepted by others and decrypted during transmission. While IFM carries out regular virus checks, it offers no warranty in this respect and you are advised to take appropriate steps to guard against the dangers of viruses.

You agree to defend, indemnify and hold IFM and its affiliates, directors and shareholders harmless from any and all claims, actions, proceedings, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Service and/or the Site or the placement or transmission of any message, information, software or other materials through the Site or the Service by you or any users of your account or any violation of these Terms by you or any users of your account.

Liability
The Service and the Site are provided on a 'as is' and 'as available' basis. IFM provides no warranty, express or implied, in respect of the Site and/or the Service including those as to the availability, the quality or fitness for purpose of the Site and/or the Service, or the completeness, accuracy or currency of any information or data provided in connection with the Service or Site.

IFM shall have no liability to you (whether under contract, tort or otherwise) for any indirect or consequential loss or damage suffered or incurred by you or for any loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time, loss of goodwill or anticipated savings arising out of your use of the Site or the Service.

To the maximum extent permitted by applicable law IFM excludes all liability (whether arising in contract, tort (including negligence), breach or statutory duty or otherwise) arising in connection with the Site and the Service, including without limitation any liability in respect of any inaccuracy, defect, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, theft or destruction or unauthorised access.

Nothing in these Terms of Use shall operate as an exclusion or limit in respect of liability for death or personal injury caused by IFM's negligence or pre-contractual fraudulent misrepresentation. In respect of all other liability which is not excluded by these Terms or which is incapable of being excluded, IFM's liability to you shall not exceed the annual licence fees paid by you or on your behalf in respect of your usage of the Site and the Service in the year in which the relevant claim arose.

IFM shall not be liable for any failure in performance caused by events beyond its reasonable control.

Penalty
If you, other than as part of a valid assignment as described in the Permitted Uses section above, knowingly or otherwise allow any person(s) within the same organisation to use your account details to access or use the Site or the Service who would not otherwise be entitled to access or use, you will be subject to the payment of a fine up to £9,000 on written request from IFM. In respect of any failure to pay the said fine or in the event of any other breach of these Terms or any other infringement of IFM's rights, IFM reserves its rights to other remedies, which may include damages, an injunction or criminal proceedings under the Computer Misuse Act 1990.

Data
In the course of the provision of the Service and the Site, it will be necessary for us to hold a record of information about you; details such as your name, email address, office or home address, username and password. By accepting these Terms of Use, you agree that we may hold these details and use and process them in connection with your usage of the Site and/or the Service in accordance with our Privacy Policy.

General
The IFM Site and Service is a business to business service and is not aimed at or intended for the use of consumers.

These Terms of Use shall be construed in accordance with the laws of England and Wales and any dispute shall be subject to the exclusive jurisdiction of the Courts of England.

IFM's failure to enforce any of the provisions of the Terms shall not constitute a waiver of those rights.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be remain in full force and effect.
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