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 PRIOR TO
EVERY USE FOR ANY CHANGES.
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 CHILDREN'S
ONLINE PRIVACY PROTECTION ACT (COPPA) 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 Companydoes 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.