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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.
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 our 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 our 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 our 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 our Company does not undertake any
obligation to update such information after it is posted or to
remove such information from this site unless it is if it is not, or
is no longer, accurate or complete.
Limitation On Liability
OUR 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 OUR Company HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF OUR 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 OUR
Company FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
Indemnity
You will indemnify and hold our 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 our Company or the party that provided the trademarks,
service marks, and logos to our Company. Our Company and any party
that provided trademarks, service marks, and logos to our 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;
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 our Company nor any third party that provides
Content to our Company will assume or have any liability for any
action or inaction by our 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). Our
Company will be entitled to monitor your password and, at its
discretion, require you to change it. If you use a password that our
Company considers insecure, our 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, our Company reserves the right to release your details to
system administrators at other sites in order to assist them in
resolving security incidents. Our Company reserves the right to
investigate suspected violations of these Terms of Use.
Our Company reserves the right to fully cooperate with any law
enforcement authorities or court order requesting or directing our
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 OUR Company
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OUR Company
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OUR Company OR
LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the
laws of California, United States of America, notwithstanding any
principles of conflicts of law. You specifically consent to personal
jurisdiction in California in connection with any dispute between
you and our 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 Los Angeles County, California. 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. Our
Company may revise these Terms of Use at any time by updating this
posting.
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