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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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