IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH
IS PROVIDED BY OUR COMPANY. BY
ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND
ACCEPTANCE OF THESE TERMS OF USE. THESE
TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS
DISCRETION. YOUR USE OF
THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY
CHANGES.
Access
To This Site
YOU
MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE
UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB
SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS
WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE
CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
To
access this site or some of the resources it has to offer, you may be
asked to provide certain registration details or other information. It is a condition of your use of this site that all the
information you provide on this site will be correct, current, and
complete. If our Company believes the information you provide is not correct, current, or
complete, we have the right to refuse you access to this site or any of
its resources, and to terminate or suspend your access at any time,
without notice.
Restrictions On
Use
You may use this site
for purposes expressly permitted by this site. You may not use this site for any other purpose, including any
commercial purpose, without our Company's express prior written
consent. For example, you
may not (and may not authorize any other party to) (i) co-brand
this site, or (ii) frame this site, or (iii) hyper-link to this site,
without the express prior written permission of an authorized
representative of our Company. For purposes of these Terms of Use, "co-branding" means to
display a name, logo, trademark, or other means of attribution or
identification of any party in such a manner as is reasonably likely to
give a user the impression that such other party has the right to
display, publish, or distribute this site or content accessible within
this site. You agree to
cooperate with our Company in causing any unauthorized
co-branding, framing or hyper-linking immediately to cease.
Proprietary
Information
The material and content
(hereinafter referred to as the "Content") accessible from this
site, and any other World Wide Web site owned, operated, licensed, or
controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all
right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed,
republished, uploaded, posted, or transmitted in any way without the
prior written consent of our Company, or unless authorized in
writing elsewhere on our site, except that you may print out a copy of
the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed
or altered, any copyright, trademark, trade name, service mark, or any
other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided
in these Terms of Use violates our Company's intellectual
property rights. Neither
title nor intellectual property rights are transferred to you by access
to this site.
Hyper-Links
This site may be
hyper-linked to other sites which are not maintained by, or related to,
our Company. Hyper-links
to such sites are provided as a service to users and are not sponsored
by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and
is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and our Company makes no representations or warranties about the content, completeness
or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site
does not necessarily imply endorsement by our Company of that
site.
Submissions
You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, and display all content,
remarks, suggestions, ideas, graphics, or other information communicated
to our Company through this site (together, hereinafter known as
the "Submission"), and to incorporate any Submission in other works
in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission
as confidential, and may use any Submission in its business (including
without limitation, for products or advertising) without incurring any
liability for royalties or any other consideration of any kind, and will
not incur any liability as a result of any similarities that may appear
in future Company operations.
Our Company will
treat any personal information that you submit through this site in
accordance with its Privacy Policy as set forth on this site.
Disclaimer
You understand that our Company cannot and does not guarantee or warrant that files available for
downloading from the Internet will be free of viruses, worms, Trojan
horses or other code that may manifest contaminating or destructive
properties. You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to this site for the
reconstruction of any lost data. Our Company does not assume any responsibility or risk
for your use of the Internet.
The Content is not
necessarily complete and up-to-date and should not be used to replace
any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the
Content in the same manner as any other educational medium and should
not rely on the Content to the exclusion of their own professional
judgment. Information
obtained by using this site is not exhaustive and does not cover all
issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE
IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any
kind, either expressed or implied. Our Company disclaims all warranties, including any implied
warranties of merchantability, fitness for a particular purpose, TITLE,
OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT
contained in this site will be uninterrupted or error-free, that defects
will be corrected, or that this site or the server that makes it
available are free of viruses or other harmful components. Our Company does not warrant or make any representation
regarding use, or the result of use, of the content in terms of
accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical
errors, and Company may make changes or improvements at any time. You, and not our Company, assume the entire cost of all
necessary servicing, repair or correction IN THE EVENT OF ANY
LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF
THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information
in this site, whether historical in nature or forward-looking, speaks
only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is
posted or to remove such information from this site if it is not, or is
no longer, accurate or complete.
Limitation On
Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER
DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO
COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
Indemnity
You will indemnify and
hold Company, its subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents, officers, directors,
and contractors (hereinafter known as the "Indemnified Parties")
harmless from any breach of these Terms of Use by you, including any use
of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in
connection with any such breach or unauthorized use, and you agree to
indemnify any and all resulting loss, damages, judgments, awards, costs,
expenses, and attorney's fees of the Indemnified Parties in connection
therewith. You will also
indemnify and hold the Indemnified Parties harmless from and against any
claims brought by third parties arising out of your use of the
information accessed from this site.
Trademarks
Trademarks,
service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service
marks, and logos to Company retain all rights with respect to any
of their respective trademarks, service marks, and logos appearing in
this site.
Information You
Provide
You may not post, send,
submit, publish, or transmit in connection with this site any material
that:
· you do not have the right to post, including proprietary
material of any third party;
· advocates illegal activity or discusses an intent to
commit an illegal act;
· is vulgar, obscene, pornographic, or indecent;
· does not pertain directly to this site;
· threatens or abuses others, libels, defames, invades
privacy, stalks, is obscene, pornographic, racist, abusive, harassing,
threatening or offensive;
· seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable details or
otherwise;
· infringes any intellectual property or other right of any
entity or person, including violating anyone’s copyrights or
trademarks or their rights of publicity;
· violates any law or may be considered to violate any law;
· impersonates or misrepresents your connection to any other
entity or person or otherwise manipulates headers or identifiers to
disguise the origin of the content;
· advertises any commercial endeavor (e.g., offering for
sale products or services) or otherwise engages in any commercial
activity (e.g., conducting raffles or contests, displaying sponsorship
banners, and/or soliciting goods or services) except as may be
specifically authorized on this site;
· solicits funds, advertisers or sponsors;
· includes programs which contain viruses, worms and/or
Trojan horses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications;
· disrupts the normal flow of dialogue, causes a screen to
scroll faster than other users are able to type, or otherwise act in a
way which affects the ability of other people to engage in real time
activities via this site;
· includes MP3 format files;
· amounts to a 'pyramid' or similar scheme;
· disobeys any policy or regulations established from time
to time regarding use of this site or any networks connected to this
site; or
· contains hyper-links to other sites that contain content
that falls within the descriptions set forth above.
Although under no
obligation to do so, our Company reserves the right to monitor
use of this site to determine compliance with these Terms of Use, as
well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for
the content of your submissions. You
acknowledge and agree that neither Company nor any third party
that provides Content to Company will assume or have any
liability for any action or inaction by Company or such third
party with respect to any submission.
Security
Any passwords used for
this site are for individual use only. You will be responsible for the
security of your password (if any). Company will be entitled to monitor your password and, at
its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate
your account.
You are prohibited from
using any services or facilities provided in connection with this site
to compromise security or tamper with system resources and/or accounts.
The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing
tools) is strictly prohibited. If you become involved in any violation
of system security, Company reserves the right to release your
details to system administrators at other sites in order to assist them
in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of
Use.
Company reserves
the right to fully cooperate with any law enforcement authorities or
court order requesting or directing Company to disclose the
identity of anyone posting any e-mail messages, or publishing or
otherwise making available any materials that are believed to violate
these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND
HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY
COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR
LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will
be governed and interpreted pursuant to the laws of United
States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in USA in
connection with any dispute between you and Company arising out
of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive
venue for any dispute between the parties arising out of these Terms of
Use or pertaining to the subject matter of these Terms of Use will be in
the state and federal courts in USA. If any part of these Terms of Use is unlawful, void or
unenforceable, that part will be deemed severable and will not affect
the validity and enforceability of any remaining provisions. These Terms
of Use constitute the entire agreement among the parties relating to
this subject matter. Notwithstanding
the foregoing, any additional terms and conditions on this site will
govern the items to which they pertain. Company may revise these Terms of Use at any time by
updating this posting.
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