Burgess COMMENTARY

Peter Burgess

Terms and Conditions of Use The use of this website constitutes agreement with the following terms and conditions, as well as the Copyright and Privacy Notices on the Site: (a) GLOBAL VALUE maintains this website (the “Site”) as a courtesy to those who may choose to access the Site (“Users”). The information presented herein is for informative purposes only. GLOBAL VALUE grants permission to Users to visit the Site and to download and copy the information, documents and materials (collectively, “Materials”) from the Site for the User’s personal, non-commercial use, without any right to resell or redistribute them or to compile or create derivative works therefrom, subject to the terms and conditions outlined below, and also subject to more specific restrictions that may apply to specific Material within this Site. (b) GLOBAL VALUE administers this Site. All Material on this Site from GLOBAL VALUE appears subject to the present Terms and Conditions. (c) Unless expressly stated otherwise, the findings, interpretations and conclusions expressed in the Materials on this Site are those of individuals of the various GLOBAL VALUE members, consultants and advisers to GLOBAL VALUE who prepared the work and do not necessarily represent the views of the employers of such individuals, or of GLOBAL VALUE as a whole. Disclaimers Materials provided on this Site are provided “as is”, without warranty or representation of any kind, either expressed or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. GLOBAL VALUE specifically does not make any warranties or representations as to the accuracy or completeness of any such Materials. GLOBAL VALUE periodically adds, changes, improves or updates the Materials on this Site without notice. Under no circumstances shall GLOBAL VALUE be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of this Site, including, without limitation, any fault, error, omission, interruption or delay with respect thereto. The use of this Site is at the User’s sole risk. Under no circumstances, including but not limited to negligence, shall GLOBAL VALUE or its members be liable for any direct, indirect, incidental, special or consequential damages, even if GLOBAL VALUE has been advised of the possibility of such damages. The User specifically acknowledges and agrees that GLOBAL VALUE is not liable for any conduct of any User. This site may contain advice, opinions and statements of various information providers. GLOBAL VALUE does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any User of this Site or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall also be at the User’s own risk. Neither GLOBAL VALUE nor its members, nor any of their respective agents, employees, information providers or content providers, shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, deletion, defect, alteration of or use of any content herein, or for its timeliness or completeness, nor shall they be liable for any failure of performance, computer virus or communication line failure, regardless of cause, or for any damages resulting therefrom. As a condition of use of this Site, the User agrees to indemnify GLOBAL VALUE and its members from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of the User’s use of this Site, including, without limitation, any claims alleging facts that if true would constitute a breach by the User of these Terms and Conditions. If the User is dissatisfied with any Material on this Site or with any of its Terms and Conditions of Use, the User’s sole and exclusive remedy is to discontinue using the Site. This Site may contain links and references to third-party web sites. The linked sites are not under the control of GLOBAL VALUE, and GLOBAL VALUE is not responsible for the content of any linked site or any link contained in a linked site. GLOBAL VALUE provides these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site GLOBAL VALUE. If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities that provide information or knowledge (collectively, “Forums”), the User agrees to use the Forums only to send and receive messages and materials that are proper and related to the particular Forum. By way of example and not as a limitation, the User agrees that when using a Forum, he or she shall not do any of the following: (a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information; (c) Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law; (d) Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer; (e) Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; (f) Falsify the origin or source of software or other material contained in a file that is uploaded; (g) Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner. The User acknowledges that all Forums and discussion groups are public and not private communications. Further, the User acknowledges that chats, postings, conferences, e-mails and other communications by other Users are not endorsed by GLOBAL VALUE, and that such communications shall not be considered to have been reviewed, screened or approved by GLOBAL VALUE. GLOBAL VALUE reserves the right to remove, for any reason and without notice, any content of the Forums received from Users, including, without limitation, e-mail and bulletin board postings. Preservation of immunities Nothing herein shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities of GLOBAL VALUE, which are specifically reserved. General When registering to this Site, the user agrees to provide GLOBAL VALUE with a working email address. In case the User may not be reached within 48 hours from sending an email from this email address, GLOBAL VALUE reserves the right to prevent the User’s further use of the Site, and to take down any information provided by him to the Site. GLOBAL VALUE reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any Materials in any respect. GLOBAL VALUE shall have no obligation to take the needs of any User into consideration in connection therewith. GLOBAL VALUE reserves the right to deny in its sole discretion any user access to this Site or any portion thereof without notice. No waiver by GLOBAL VALUE of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorised representative.