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TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. By using this website, the user ("user" or "you") agree to the following terms of use. If you do not agree to these terms of use, you should exit the website.
1. OWNERSHIP
This website is the only official website of Tim Henman which has been designed and is operated and maintanied by Diagnostic Design. This website and its design, text, graphics, the selection and arrangement thereof, is Copyright
2. LIMITED LICENCE; RESTRICTIONS
You are granted a limited licence to download the materials contained on this website to a single personal computer, and to print a hard copy of the materials contained on this website, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. Use of the materials contained on this website on any other internet site is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and compliance with all these terms of use. Any other use of any of the materials on this website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without the prior written permission of James or Diagnostic Design is strictly prohibited, and is a violation of proprietary rights.
If you download any software from this website, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are subject to the limited licence set out above.
3. DISCLAIMER
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JAMES GIBSON AND DIAGNOSTIC DESIGN BOTH DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, NEITHER JAMES GIBSON NOR DIAGNOSTIC DESIGN REPRESENTS OR WARRANTS THAT THE INFORMATION AND/OR FACILITIES AND/OR OTHER WEBSITES ACCESSIBLE ON AND/OR VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE OR ANY SUCH OTHER WEBSITE(S) WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE AND ANY OTHER WEBSITE(S) ACCESSED FROM IT.
4. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER JAMES GIBSON NOR DIAGNOSTIC DESIGN NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF JAMES GIBSON AND/OR DIAGNOSTIC DESIGN HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL EITHER TIM HENMAN OR TWII S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
5.GOVERNING LAW
Neither JAMES GIBSON nor DIAGNOSTIC DESIGN make any representation that materials in and/or facilities or services offered through this website or any website(s) accessed from it are available for use in other locations, or that they comply with any legal or regulatory requirements of such other locations. Those who choose to access this website and/or link to any other website(s) from it do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable. These terms shall be governed by and construed in accordance with English law. Any dispute under these terms shall be subject to the exclusive jurisdiction of the English courts and, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
6. MISCELLANEOUS
Any waiver of any provision of these terms must be in writing signed by either James Gibson or Diagnostic Design to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you, James Gibson and Diagnostic Design.
© JAMES GIBSON MBE 2006
All rights reserved.