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TERMS OF USE AND SERVICE IMPORTANT!
THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS
PROVIDED BY OUR 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 YOUR
MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE.
IF YOUR 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 OBTAINES
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 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 purposes, 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 a 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 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 the 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 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 TYPOGRAHICAL
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, ATUAL, 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 OFCOMPANY 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 indemnity and hold the hold the Indemnified parties
harmless from and against any claims brought by third parties arising out
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 transit 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 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 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 ·
Advertisers 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 reuse
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 FORM ANY CLAIMS RESULTING FORM 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 New Jersey, United States of America, notwithstanding any
principles of conflicts of law. You
specifically consent to personal jurisdiction in New Jersey, 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 foe 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 the state of New Jersey.
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 this posting. Last updated June 15, 2008
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