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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 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 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 14, 2009
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