The following rules govern the use by you of content from www.Manager-Tools.com which is owned and operated by the Manager Tools LLC (collectively, “Manager-Tools®”). The rules set forth herein apply to all materials, files, software, online communications and other information that is or becomes available on Manager-Tools® (collectively, "Information"). By logging on to www.Manager-Tools.com and accessing Information, you specifically agree to abide by these rules and any modifications made to them.

1. General.

Manager-Tools® is an online information exchange service for use by Manager-Tools®, its Members and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules.

This agreement will be governed by and construed in accordance with the laws of the State of Texas without giving effect to the conflict of laws provisions of Texas or your actual state or country of residence.

If you are a User that has been provided access to Information under a separate, written Special License with Manager-Tools® for Manager-Tools® Information, you specifically agree that your use of and access to the Information is further controlled by the terms and conditions of that Special License. All other provisions in this Terms of Use Agreement apply to the Information licensed under the Special License.

2. User's Obligation to Abide By Applicable Law.

In connection with the use of Manager-Tools®, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Information available on Manager-Tools® includes intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, voice recordings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

3. Ownership and Use of Information.

All Information published on Manager-Tools® is protected by copyright and/or other applicable law, and is owned or controlled, with all rights reserved, by Manager-Tools® or the party credited as the provider of the Information. No right, title or interest in the Information is transferred to you when the Information is accessed or downloaded from Manager-Tools®.

Use of Manager-Tools® Information is only permitted for your personal and noncommercial use. Personal use is defined as the use of the Information solely for an individual's personal, private, educational and other non-commercial use. Noncommercial use is defined as the use of the Information by an individual that is not, directly or indirectly, intended for or directed towards commercial advantage or private monetary compensation. Use of the Information for any purpose by any non-individual entity, including but not limited to any commercial entity, corporation, non-profit organization, educational institution, governmental body or group, is not permitted under this Agreement. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Information in whole or in part.

You may download or copy the Information and other downloadable items displayed on Manager-Tools® for personal and noncommercial use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Information for other than personal and noncommercial use is expressly prohibited without prior written permission from Manager-Tools® or the copyright holder identified in the copyright notice contained in the Information.

Your use of Information may not suggest that Manager-Tools® promotes or endorses any third party causes, ideas, Web sites, products or services.

4. Forum and Discussion Information.

You are responsible for the content of any Information you put on Manager-Tools®. The Information posted to Manager-Tools® does not necessarily reflect the views of Manager-Tools® and in no event shall Manager-Tools® assume or have any responsibility or liability for any information posted to Manager-Tools® or for any claims, damages or losses resulting from the use and/or appearance of such information on Manager-Tools®. Manager-Tools® has no obligation to monitor or control all Information that is or becomes available on Manager-Tools®. Manager-Tools® reserves the right to review any Information that is or becomes available on Manager-Tools®. Manager-Tools® reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in Manager-Tools®' sole discretion, unacceptable, undesirable or in violation of these rules. Manager-Tools® has no obligation to exercise such reservation of rights by Manager-Tools®; however, Manager-Tools® has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the Manager-Tools® system or network who are repeat infringers. Manager-Tools® may terminate access for content providers or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions. By submitting information to Manager-Tools®, you grant Manager-Tools® a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. While Manager-Tools® strives to provide users with the highest-quality related resources on all of its sites, we cannot and do not ensure the quality or accuracy of the non-Manager-Tools® content to which we link.

5. Reprint and Rebroadcast Requests.

If you are interested in obtaining rights to use Manager-Tools® Information beyond what is allowed by this agreement, please send a request by e-mail to [email protected] or by the US Postal Service to:

Manager Tools LLC
Reprint Requests
2028 E Ben White Blvd
Suite 240-4622
Austin, TX 78741

6. Disclosure of Online Communications.

You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of Manager-Tools® may, in the course of their regular duties, have access to communications for technical or operational purposes. Manager-Tools® may also disclose any communications to the extent permitted or required by law.

7. Prohibition Against Rogue Programming.

You shall not post, transmit or make available in any way through Manager-Tools® any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). Manager-Tools® has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on Manager-Tools® is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

8. Disclaimer of Warranties.

MANAGER-TOOLS® IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MANAGER-TOOLS® DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT MANAGER-TOOLS® WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

9. Limitation of Damages.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MANAGER-TOOLS ® BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE MANAGER-TOOLS®, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON MANAGER-TOOLS®, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

10. Release and Indemnity.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST MANAGER-TOOLS® ARISING FROM OR IN CONNECTION WITH YOUR USE OF MANAGER-TOOLS®. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD MANAGER-TOOLS® HARMLESS FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF MANAGER-TOOLS® OR FAILURE TO ABIDE BY APPLICABLE LAW.

11. Termination and Modification.

If any provision or rule of this agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this agreement, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision or rule valid and enforceable.

Manager-Tools® reserves the right to discontinue providing Information and to require that you cease accessing or using the Information or any elements of the Information at any time for any reason.

Manager-Tools® may modify any of the rules contained herein, at any time and at our sole discretion, and such rules will become binding when placed online.