Terms of Use

Document created by bwalshin Employee on May 11, 2015Last modified by bwalshin Employee on Feb 8, 2016
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Terms of Use

 

Please read these terms of use carefully before using the www.tbmcouncil.org website (the “TBMC Site” the “Site” or “Web Site”). Using the Site indicates you accept these terms (the “Terms”). If you do not accept these Terms, please do not use this Site. In addition to the Terms, you may also be subject to other agreements, for example, TBM Council Members are also bound by a separate membership agreement, and Apptio customers are subject to their commercial customer agreement with Apptio.  These Terms govern in the case of a conflict between the Terms and any such other Agreement, particularly with respect to contributions of content submitted via this Site. In some cases, downloading certain material or access to certain portions of the Site may require agreeing to additional terms or registration.  For example, if you choose to download and use the TBM Book you will likely need to register as a member of the TBM Council and your use of the TBM Book will be governed by these Terms, the terms of your TBM Council membership agreement, and the End-User License Agreement associated with the TBM Book.

 

Privacy

For information regarding your privacy pursuant to registration on the TBMC Site, please click http://tbmcouncil.org/privacy/

Copyright
The entire contents of this Site are protected by the United States copyright laws.  Certain content is provided by Apptio, Inc. (“Apptio”) and other content is provided by the TBM Council (“The Council” collectively the “TBM Entities”) and as between you and the TBM Entities, the TBM Entities are the owner or licensee of the copyright and reserves the right to license or sub-license the contents of the Site, including any material created for the Site, at its discretion. The TBM Entities authorizes you to view and to use the materials at this Site only for internal and non-commercial use, provided that you retain this copyright notice on any copies of the materials that you use and subject to any other terms or conditions applicable to such content. Except as provided by the TBM Entities, you may not modify the materials at this Site in any way or reproduce or publicly display, perform, distribute, or otherwise use the materials for purposes that are competitive with the TBM Entities, or otherwise for a commercial purpose. For the purposes of these Terms, any use of these materials on any other web site or networked computer environment for any purpose is prohibited.

Material Submitted To the TBM Council Site & Member Contributions
Except as otherwise set forth in the applicable Privacy Policy, any materials, information, or other communication that you transmit or post to this Site ("Communication") will be considered non-confidential and non-proprietary, and The TBM Entities and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communication and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

 

If you are also a TBM Council member, you are subject to the following additional provisions regarding contributions in your role as a member of the community. You are not expected to provide any materials to the TBM Council as a general member, but you may voluntarily do so from time to time.  Your “contributions” means such past, present, and future contributions, whether in written or in oral form that may include text, images, recordings, videos and any documentation, submitted voluntarily by you in any manner to the TBM Council. The TBM Council may use, or license others to use, the Contributions in any manner whatsoever, at any time, and in any and all media now known or hereafter invented, including but not limited to print, broadcasting, and online media without compensation or a duty to account.  Further, if you voluntarily participate in any filmed or recorded session while participating with the Council you grant the Council right and permission to photograph, film, record and portray your name, voice, actions, and likeness, and to modify, edit, use, and reproduce all resulting works.  In the instance of a conflict between this paragraph and the terms of your membership agreement with the TBM Council, the terms of your membership agreement will control.

 

Portions of the Site allow messaging and sharing of information in many ways, such as your profile. Information and content that you share or post may be seen by other members or, if public, by visitors. Where we have made settings available, we will honor the choices you make about who can see content or information. We are not obligated to publish any information or content on our Site and can remove it in our sole discretion, with or without notice.

 

Links to Other Web Sites
From time to time, you may see links to third party websites.  Links to third party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. As a general rule, the TBM Entities have not reviewed all of these third party sites and do not control and are not responsible for any of these sites or their content. The TBM Entities do not endorse or make any representations about these third party sites, or any advertising, information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

Linking to the Site
You may wish to link to the Site and you may link only to the home page of this Site.  Any other links may only be made with permission from the TBM Council.  In all cases,  neither your site nor your link to this Site (a) shall imply the TBM Entity’s sponsorship or endorsement of your site or the products, services, or materials promoted or set forth on your site; (b) shall contain republished, redistributed, or copied materials from this Site, including by framing or other means; or (c) shall misrepresent the relationship with the TBM Entity or this Site or contain any false, misleading, or derogatory information about the TBM Entity, its mandate, or services, or that of its partners or sponsors.

Content and Liability Disclaimer
The materials and services provided at this site are provided "as is" without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose. The TBM Entities further do not warrant the accuracy and completeness of the materials or services at this Site. The information and services at this Site may be out of date, and the TBM Entity makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs, or services that are not available in your area.

Limitation of Liability
In no event will the TBM Entities, their suppliers, sponsors, partners, or other third parties mentioned at this Site be liable for any special, direct, indirect, incidental, punitive, or consequential damages, or for any loss of business or prospective business opportunities, profits, savings, information, use, or other commercial or economic loss arising out of the use, inability to use, or the results of use of this Site or the materials, information, or services contained at the Site, regardless of the legal theory under which such liability is asserted, including, without limitation, legal theories of warranty, contract, tort, or strict liability.

Governing Law / Dispute Resolution
Any claims arising out of the use of this Site shall be governed by and construed in accordance with the laws of the State of Washington, United States of America.

Modifications
The TBM Council may make revisions to the content or materials at this Site, and these Terms, at any time without notice. By using this Site, you agree to be bound by any such revisions and therefore should visit this Site periodically to determine the then-current Terms by which you are bound.

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