TERMS OF 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.
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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 Virginia, United States of America, notwithstanding
any principles of conflicts of law. You specifically consent
to personal jurisdiction in Virginia 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 Sacramento,
California. 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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