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 Nye
County, 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.
© 2006