Terms and Conditions

1. Introduction. Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the Fortress Architectural Systems LLP Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. If you are an employer using the Site, you may have entered into a Service Agreement with Fortress Architectural Systems LLP, in which case these Terms and Conditions, including the Exhibits attached hereto, are part of and incorporated into that Service Agreement. These Terms and Conditions are effective as of October 1st, 2005.

2. Binding Agreement. These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by Fortress Architectural Systems LLP or respective parties) form a binding agreement (the "Agreement") between you and Fortress Architectural Systems LLP. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

3. Certain Definitions. The following definitions apply to this Agreement: "Fortress Architectural Systems LLP Web Site" or the "Site" includes www.fasystems.co.uk in its entirety and its related sites owned or operated by Fortress Architectural Systems LLP, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site. "Text" includes all text on every page of the Site, whether editorial, navigational, or instructional. "Graphics" includes all logos, buttons, and other graphical elements on the Site.
"Design" includes the color combinations and the page layout of the Site. "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (PHP, databases, etc.) used on the Site.
"Document" refers to any posting to the Site, whether job or resume. "Services" means any services provided on the Site by Fortress Architectural Systems LLP or its agents. "User" refers to any individual or entity who uses any aspect of the Site.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions

4. Acceptable Use of the Site.

4.1 General Use Rules.The Site is intended for individuals seeking information on the products, services and information that Fortress Architectural Systems LLP provides. You may use this Site only for lawful purposes within the stated context of Fortress Architectural Systems LLP's intended and acceptable use of the Site. Fortress Architectural Systems LLP is the sole interpreter of the Site's intended and acceptable use.

4.2 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws. Any other rules are notified as and when they are in effect.

5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of Fortress Architectural Systems LLP or its licensors, and is protected by UK copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Fortress Architectural Systems LLP reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. Projects, coursework and other educational bodies may use information on this site for non-commercial projects. This includes copying or adapting the HTML code used to generate Web pages on the Site. "Fortress Architectural Systems LLP," the Fortress Architectural Systems LLP design logo and certain other names or logos are copyright Fortress Architectural Systems LLP. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Fortress Architectural Systems LLP's trademarks, service marks and copyrights. All other programming contained on the Site are the trademarks of Electric Avenue Computers LTD.

6. Disclaimers and Limitations on Fortress Architectural Systems LLP's Liability.

6.1 Allocation of Responsibility Fortress Architectural Systems LLP assumes no responsibility for the activities, omissions or other conduct of Users. Fortress Architectural Systems LLP acts as a portal for the online distribution and publication of product information, service information and health information Fortress Architectural Systems LLP can provide and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents or comments posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, Fortress Architectural Systems LLP may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Fortress Architectural Systems LLP has no liability or responsibility to Users for performance or nonperformance of such activities. Fortress Architectural Systems LLP may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

6.2 No endorsements by Fortress Architectural Systems LLP. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

6.3 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Fortress Architectural Systems LLP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Fortress Architectural Systems LLP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) Fortress Architectural Systems LLP DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Fortress Architectural Systems LLP IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Fortress Architectural Systems LLP makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) Fortress Architectural Systems LLP makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL Fortress Architectural Systems LLP (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Fortress Architectural Systems LLP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN Fortress Architectural Systems LLP'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO £100.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL Fortress Architectural Systems LLP (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES TO YOU OR YOUR PERSONAL COMPUTER.
(e) Due to the nature of this Agreement, in addition to money damages, you agree that Fortress Architectural Systems LLP will be entitled to equitable relief upon a breach of this agreement by you.

7. Payment of Services upon Termination of Service Agreement. If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by Fortress Architectural Systems LLP, Fortress Architectural Systems LLP shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.

8. Links to Other Sites. Fortress Architectural Systems LLP contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Fortress Architectural Systems LLP of the contents on such third-party web sites. Fortress Architectural Systems LLP is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

9. Amendments to this Agreement and Changes to Site. Fortress Architectural Systems LLP may revise this Agreement s at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by Fortress Architectural Systems LLP unless Fortress Architectural Systems LLP agrees to them in a signed writing specifically including those new or different terms. Fortress Architectural Systems LLP may change the Site at any time.

10. Indemnity. You agree to defend, indemnify, and hold harmless Fortress Architectural Systems LLP (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of this Agreement. Fortress Architectural Systems LLP shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

11. User Information. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through Fortress Architectural Systems LLP's on-line operations only. Please note, as set forth in the Privacy Policy, that Fortress Architectural Systems LLP may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Fortress Architectural Systems LLP reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.

12. Questions and Notices. Questions concerning the use of the Site should be directed to Feedback. Notices shall be sent, for Fortress Architectural Systems LLP, to the address listed on the Site, and, for you, to the address submitted by you or such other address as Fortress Architectural Systems LLP reasonably determines is an appropriate address for you.

13. General. Fortress Architectural Systems LLP contact information is listed on the Site. The Fortress Architectural Systems LLP makes no claims that the Content is appropriate or may be downloaded outside of the United Kingdom. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access Fortress Architectural Systems LLP from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The sole relationship between You and Fortress Architectural Systems LLP is that of independent contractors or individuals looking for information on the products, services and health information Fortress Architectural Systems LLP offer. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Fortress Architectural Systems LLP in a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and Fortress Architectural Systems LLP.

14. Security Rules:

(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. All connections to the server Fortress Architectural Systems LLP Web Site runs on is monitored and such activities mentioned above will be traced.

(b) Violation of these Security Rules may result in civil or criminal liability. Fortress Architectural Systems LLP will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

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