TERMS
OF USE & SERVICE
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
REGULARLY.
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 Nevada,
United States of America, notwithstanding any principles of
conflicts of law. You specifically consent to personal jurisdiction
in Nevada 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 Las Vegas, Nevada. 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: July 22, 2009
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