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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 CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA)
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 Florida, United States of America, notwithstanding any
principles of conflicts of law. You specifically consent to personal
jurisdiction in Florida 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
Florida. 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.
Last updated: January 6th, 2009 |