| |
Terms of Service
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.
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.
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.
| |