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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 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 anyones 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 Florida, United States of America, notwithstanding any
principles of conflicts of law. You
specifically consent to personal jurisdiction in Florida 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 Tampa, Florida. If any
part of these Terms of Use is unlawful, void or unenforceable,
that part will be deemed sever able 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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