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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 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 Arizona, United States of America,
notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in
Arizona 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 Scottsdale, Arizona. 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 25, 2003
© 2012 W. Terry Whalin
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