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 Reno, 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.
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