ROBERT MALCOLM & ASSOCIATES [Terms of Use]:

1. COMPANY PROFILE & DESCRIPTION OF SERVICE
ROBERT MALCOLM & ASSOCIATES is a Jamaican based Quantity Surveying Firm, offering a comprehensive range of Online Quantity Surveying Tools, Project Management Services, General Construction Works and other specialist services associated with the Local (Jamaican) Construction Industry. Robert Malcolm & Associates is dynamic, diverse, skill based in the business of delivering quality, cost effective, safe and sustainable solutions to the local construction industry. Robert Malcolm & Associates provides users with access to a rich collection of resources and information concerning local quantity surveying, including various cost estimating tools, local price listings as well as general construction works information.

2. TERMS OF USE
Robert Malcolm & Associates provides services to you subject to the following Terms of Use. The Terms of Use stated by Robert Malcolm & Associates, may be updated at any time without notice to you. You can review the most recently updated version of our Terms of Use at any time at: http://www.robertmalcolm-qs.com /Terms and Conditions. In addition, when using particular Robert Malcolm & Associates owned or operated services, you and Robert Malcolm & Associates shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. Robert Malcolm & Associates may also offer other services that are governed by different Terms of Service. You also understand and agree that the online services provided by Robert Malcolm & Associates may include advertisements and that these advertisements are necessary for Robert Malcolm & Associates to provide these services. You also understand and agree that the online services may include certain communications from Robert Malcolm & Associates, such as service announcements, administrative messages and Robert Malcolm & Associates Cost Estimating Capabilities, and that these Capabilities are considered part of Robert Malcolm & Associates membership and you will not be able to operate them without secure consent distributed by Robert Malcolm & Associates. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new Robert Malcolm & Associates properties, shall be subject to the Terms Of Use. You understand and agree that the service is provided "AS-IS" and that Robert Malcolm & Associates assumes no responsibility for the timeliness, deletion, incorrect delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Robert Malcolm & Associates Online Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and is responsible for all equipment necessary to access the Robert Malcolm & Associates Online Service.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Robert Malcolm & Associates Online Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Jamaican Government or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Robert Malcolm & Associates Online Service’s registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Robert Malcolm & Associates has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Robert Malcolm & Associates has the right to suspend or terminate your account and refuse any and all current or future use of the Robert Malcolm & Associates Online Service (or any portion thereof). Robert Malcolm & Associates is concerned about the safety and privacy of all its users.

4. ROBERT MALCOLM & ASSOCIATES PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.robertmalcolm-qs.com /PrivacyStatement You understand that through your use of the Robert Malcolm & Associates Online Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Jamaican Government and/or other countries for storage, processing and use by Robert Malcolm & Associates and its affiliates.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
After correctly completing the Robert Malcolm & Associates Online Service’s registration process, you will have selected a password and user name during account designation. You are responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Robert Malcolm & Associates of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Robert Malcolm & Associates cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Robert Malcolm & Associates, are entirely responsible for all Content that you download, print, email, transmit or otherwise make available via the Robert Malcolm & Associates Online Service. Under no circumstances will Robert Malcolm & Associates be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Robert Malcolm & Associates Online Service. You agree not to use the Robert Malcolm & Associates Online Service to:

• a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• b. Harm minors in any way;
• c. Impersonate any person or entity, including, but not limited to, a Robert Malcolm & Associates official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Robert Malcolm & Associates Online Service;
• e. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• f. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• h. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• j. Interfere with or disrupt the Robert Malcolm & Associates Online Service or servers or networks connected to the Robert Malcolm & Associates Online Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Robert Malcolm & Associates Online Service;
• k. Intentionally or unintentionally violate any applicable local, state, national or international law;
• l. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Jamaican government as a foreign terrorist;
• m. "Stalk" or otherwise harass another; and/or
• n. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Robert Malcolm & Associates may or may not pre-screen Content, but that Robert Malcolm & Associates and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Robert Malcolm & Associates Online Service. Without limiting the foregoing, Robert Malcolm & Associates and its designees shall have the right to remove any Content that violates the TERMS OF USE or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Robert Malcolm & Associates or submitted to Robert Malcolm & Associates, including without limitation information in all other parts of the Robert Malcolm & Associates Online Service.

You acknowledge, consent and agree that Robert Malcolm & Associates may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

• (a) comply with legal process;
• (b) enforce the TERMS OF USE;
• (c) respond to claims that any Content violates the rights of third parties;
• (d) respond to your requests for customer service; or
• (e) protect the rights, property or personal safety of Robert Malcolm & Associates, its users and the public.

You understand that the technical processing and transmission of the Robert Malcolm & Associates Online Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Robert Malcolm & Associates Online Service and software embodied within the Robert Malcolm & Associates Online Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Robert Malcolm & Associates and/or content providers who provide content to the Robert Malcolm & Associates Online Service. You may not attempt to override or circumvent any of the usage rules embedded into the Robert Malcolm & Associates Online Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Robert Malcolm & Associates Online Service, in whole or in part, is strictly prohibited.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Jamaica or the country in which you reside.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Robert Malcolm & Associates does not claim ownership of Content you submit or make available for inclusion on the Robert Malcolm & Associates Online Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Robert Malcolm & Associates Online Service, you grant Robert Malcolm & Associates the following worldwide, royalty-free and non-exclusive license(s), as applicable:

• · With respect to Content you submit or make available for inclusion on publicly accessible areas of Robert Malcolm & Associates Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Robert Malcolm & Associates Online Service solely for the purposes of providing and promoting the specific Robert Malcolm & Associates Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Robert Malcolm & Associates Online Service and will terminate at the time you remove or Robert Malcolm & Associates removes such Content from the Robert Malcolm & Associates Online Service.
• · With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Robert Malcolm & Associates Online Service other than Robert Malcolm & Associates Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Robert Malcolm & Associates Online Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Robert Malcolm & Associates Online Service and will terminate at the time you remove or Robert Malcolm & Associates removes such Content from the Robert Malcolm & Associates Online Service.
• · With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Robert Malcolm & Associates Groups, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Robert Malcolm & Associates Online Service are those areas of the Robert Malcolm & Associates network of properties that are intended by Robert Malcolm & Associates to be available to the general public. By way of example, publicly accessible areas of the Robert Malcolm & Associates Online Service would include Robert Malcolm & Associates Updates and portions of Robert Malcolm & Associates Groups, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Robert Malcolm & Associates Online Service would not include portions of Robert Malcolm & Associates Groups that are limited to members, Robert Malcolm & Associates services intended for private communication such as Robert Malcolm & Associates Cost Estimating Capabilities, or areas of the Robert Malcolm & Associates network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Robert Malcolm & Associates.

9. INDEMNITY
You agree to indemnify and hold Robert Malcolm & Associates and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Robert Malcolm & Associates Online Service, your use of the Robert Malcolm & Associates Online Service, your connection to the Robert Malcolm & Associates Online Service, your violation of the TERMS OF USE, or your violation of any rights of another.

10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Robert Malcolm & Associates Online Service (including your Robert Malcolm & Associates USER ID), use of the Robert Malcolm & Associates Online Service, or access to the Robert Malcolm & Associates Online Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Robert Malcolm & Associates may establish general practices and limits concerning use of the Robert Malcolm & Associates Online Service, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the Robert Malcolm & Associates Online Service, the maximum number of Saved Content (RM&A FORM PROJECTS) that may be saved from a given Robert Malcolm & Associates Online Cost Estimating Form, and the maximum number of times (and the maximum duration for which) you may access the Robert Malcolm & Associates Online Service in a given period of time. You agree that Robert Malcolm & Associates has no responsibility or liability for the deletion or failure to store any projects (RM&A FORM PROJECTS) and other communications or other Content maintained or transmitted by the Robert Malcolm & Associates Online Service. You acknowledge that Robert Malcolm & Associates reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Robert Malcolm & Associates reserves the right to modify these general practices and limits from time to time without any notification to you the user.

12. MODIFICATIONS TO SERVICE
Robert Malcolm & Associates reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Robert Malcolm & Associates Online Service (or any part thereof) with or without notice. You agree that Robert Malcolm & Associates shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Robert Malcolm & Associates Online Service.

13. TERMINATION
You agree that Robert Malcolm & Associates may, under certain circumstances and without prior notice, immediately terminate your Robert Malcolm & Associates account, any associated email address, and access to the Robert Malcolm & Associates Online Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TERMS OF USE or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Robert Malcolm & Associates Online Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Robert Malcolm & Associates Online Services. Termination of your Robert Malcolm & Associates account includes (a) removal of access to all offerings within the Robert Malcolm & Associates Online Service, including but not limited to Robert Malcolm & Associates Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Robert Malcolm & Associates Online Service. Further, you agree that all terminations for cause shall be made in Robert Malcolm & Associates’ sole discretion and that Robert Malcolm & Associates shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Robert Malcolm & Associates Online Service.

14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Robert Malcolm & Associates Online Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Robert Malcolm & Associates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Robert Malcolm & Associates Online Service.

15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Robert Malcolm & Associates has no control over such sites and resources, you acknowledge and agree that Robert Malcolm & Associates is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Robert Malcolm & Associates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. ROBERT MALCOLM & ASSOCIATES’ PROPRIETARY RIGHTS
You acknowledge and agree that the Robert Malcolm & Associates Online Service and any necessary software used in connection with the Robert Malcolm & Associates Online Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Robert Malcolm & Associates Online Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Robert Malcolm & Associates or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Robert Malcolm & Associates Online Service or the Software, in whole or in part.

Robert Malcolm & Associates grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Robert Malcolm & Associates Online Service. You agree not to access the Robert Malcolm & Associates Online Service by any means other than through the interface that is provided by Robert Malcolm & Associates for use in accessing the Robert Malcolm & Associates Online Service.

17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• a. YOUR USE OF THE ROBERT MALCOLM & ASSOCIATES ONLINE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROBERT MALCOLM & ASSOCIATES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• b. ROBERT MALCOLM & ASSOCIATES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE ROBERT MALCOLM & ASSOCIATES ONLINE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE ROBERT MALCOLM & ASSOCIATES ONLINE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ROBERT MALCOLM & ASSOCIATES ONLINE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ROBERT MALCOLM & ASSOCIATES ONLINE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ROBERT MALCOLM & ASSOCIATES ONLINE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROBERT MALCOLM & ASSOCIATES OR THROUGH OR FROM THE ROBERT MALCOLM & ASSOCIATES ONLINE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
• e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROBERT MALCOLM & ASSOCIATES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROBERT MALCOLM & ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ROBERT MALCOLM & ASSOCIATES ONLINE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ROBERT MALCOLM & ASSOCIATES ONLINE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ROBERT MALCOLM & ASSOCIATES ONLINE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TERMS OF USE, there shall be no third-party beneficiaries to this agreement.

21. NOTICE
Robert Malcolm & Associates may provide you with notices, including those regarding changes to the TERMS OF USE, by email, regular mail or postings on the Robert Malcolm & Associates Online Service.

22. REFUND AND RETURN POLICY
Since you have the ability to fully test our software/service prior to sign-up, we do not offer refunds or exchanges. Therefore, it is extremely imperative for potential users to become familiar with all Robert Malcolm & Associates Online Service Forms, Printouts, as well as our Terms Of Use. You may view all available Robert Malcolm & Associates Online Service Forms at http://www.robertmalcolm-qs.com/costing Examples.

23. STATEMENT OF COMMITMENT
ROBERT MALCOLM & ASSOCIATES is a Jamaican based Quantity Surveying Firm that is committed to providing swift, accurate and comprehensive range of Online Quantity Surveying Tools, Project Management Services, General Construction Works and other specialist services associated with the Local (Jamaican) Construction Industry. In our pursuit of excellent customer/user service we are dedicated to respond to all customer/user queries within at least two (2) business days.

24. CANCELLATION POLICY
ROBERT MALCOLM & ASSOCIATES provides an Online Service to users BUT DOES NOT allow users to access any records whatsoever, in accordance with this the ONLY OPTION for cancellation is to let the ROBERT MALCOLM & ASSOCIATES ONLINE SERVICE Expire.

25. GENERAL INFORMATION
Entire Agreement. The TERMS OF USE constitutes the entire agreement between you and Robert Malcolm & Associates and governs your use of the Robert Malcolm & Associates Online Service, superseding any prior agreements between you and Robert Malcolm & Associates with respect to the Robert Malcolm & Associates Online Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Robert Malcolm & Associates services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms. The failure of Robert Malcolm & Associates to exercise or enforce any right or provision of the TERMS OF USE shall not constitute a waiver of such right or provision. If any provision of the TERMS OF USE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS OF USE remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Robert Malcolm & Associates account is non-transferable and any rights to your Robert Malcolm & Associates USER ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Robert Malcolm & Associates Online Service or the TERMS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TERMS OF USE are for convenience only and have no legal or contractual effect.

26. VIOLATIONS
Please report any violations of the TERMS OF USE to: