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 New York, United States of America, notwithstanding
any principles of conflicts of law. You specifically consent to
personal jurisdiction in New York 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 Brooklyn, New York. 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.
Last updated: May 15, 2003
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