ATTENTION: THESE TERMS OF SERVICE (TOS) DIRECT AN INDIVIDUAL’S USAGE OF OUR WEBSITE, WHICH IS HOSTED AND CREATED BY OUR BUSINESS. WHEN AN INDIVIUAL ACCESSES THIS SITE, HE OR SHE IS SHOWING FULL ACCEPTANCE AND KNOWLEDGE OF THE TOS. PLEASE NOTE THAT THIS TOS MAY CHANGE AT ANY TIME DUE TO THE BUSINESSES’ DISCRETION. WHEN AN INDIVIDUAL USES THIS SITE AFTER THE CHANGES HAVE BEEN MADE TO THE TOS, THE INDIVIDUAL IS ACKNOWLEDGING THE CHANGES AND ACCEPTING THEM. PLEASE REFER TO THIS TOS BEFORE USING THE SITE IN ORDER TO STAY ABREST OF THE CHANGES.

Access To This Site 

GUESTS AND PARTICIPANTS MUST BE EIGHTEEN (18) YEARS OR OLDER IN ORDER TO VIEW AND USE THE INFORMATION THAT IS PRESENTED ON THIS WEB SITE. IF YOU ARE BELOW THIS AGE, YOU MAY NOT OBTAIN INFORMATION OF THIS SITE. BECAUSE OF THE AGE RESTRICTIONS ON THIS SITE, NONE OF THE INFORMATION ACQUIRED BY OUR WEBSITE FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTIN ACT (COPPA) AND IS NOT MONITORED AS DOING SO.

In order to get into this site and use the information that it has to offer, guest may be required to volunteer particular data for registration. This is a contingency of an individual’s usage of the site and all the content herein. In order to use this site, you must provide information that is correct, current and complete. If our Business discovers that the information that you have provided does not meet this criteria, we have the right to terminate your relationship with this site and eliminate your access to our services and content.

Restrictions On Use

This site must only be used for the reasons permitted by this site. You can’t use this site for other purposes that aren’t stated in this TOS. You may not use the written content or services herein for any commercial purpose, unless you have written consent from our business. For example, you can’t co-brand our Web site, frame this site, hyper-link to this site, without having written permission prior to doing so. Co-branding, for the purpose of this TOS, means to show a name, logo, trademark or other forms of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that your company affiliated with  or part of our Business. If caught doing any co-branding, framing or hyper-linking that isn’t authorized with express written consent, you agree to immediately cease and desist upon being asked.

Proprietary Information

The content and services provided in this site (known afterwards as Content) and any other Web site owned, operated, licensed or controlled by our Business is the proprietary information of our Business or the individuals or groups who have created the Content for our business or in some cases when the Content creator has given up rights, we have the sole proprietary rights to the Content.

In addition, the Content on this Web site may not be copied, distributed, republished, uploaded, posted or transmitted in any method, unless there is prior written consent from our Business allowing you to do so. You may, however, print out a single copy of the Content in our Web site for your own personal use.

If you decide to print out a copy for your personal use, or have express written consent to copy, distribute, republish or post the content, you may not alter or remove any of the copyright, trademark, trade name, service marks or any of the proprietary notice or legend appearing on any of the Content.

If you modify or use any of the Content in ways that aren’t specified in this TOS and you haven’t received written permission, you are violating the Terms of Use statement and our Businesses’ intellectual property rights. When you visit the site, you do not have the rights to the intellectual property on this site.

Hyper-Links

This site may be hyper-linked to other sites that are not part of this businesses’ network of sites. These hyperlinks are created as a way to provide extra value to sites visitors. This is not a statement of sponsorship, recommendation or affiliation with these sites. The Business may or may not have reviewed the pages at the end of the hyper-links to check for up to date content, accuracy or other issues. The hyper-links are not an endorsement of these sites.

Submissions

When you make submissions to the Web site, you are granting our Business 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 that is communicated to  our Business through our Web site.

The “Submission” can take the form of various different media. These submissions are all part of the Web site once you submit them, regardless of form, media or technology now known or later developed. Our Business will not treat any Submission as confidential, meaning the data that you submit is entirely subject to public display. Our Business will not hold liability for royalties or any other consideration of any kind. We will not incur any liability as a result of any similarities that may show up in future projects of our Business.

All personal data that is shared in the course of submitting information will be treated in accordance with the Privacy Policy that is in place on this site.

Disclaimer

In  order to use this site, you acknowledge and understand that our Business cannot and does not guarantee or warrant that files available for downloading from online sources like our site will be free of harmful files that can hurt your computer. This can include but is not limited to viruses, worms, Trojan horses and any other codes or files that may cause damage or destroy your computer. You have the sole responsibility of protecting your computer with the proper anti-virus programs and checkpoints that will keep your computer safe from all external sites, including the Web site belonging to this Business. Our Business assumes no responsibility for damage you may incur while surfing the Internet at our site or any others.

The Content on the Web site should not be considered up-to-date or complete. It cannot be used to replace other written content sent out by our Business. Investors, borrowers, and other persons should use the Content in the same way as any educational medium. They should not rely solely on the Content displayed on the website to form a professional opinion. The information presented on this Web site is not to be considered an exhaustive authority on the subject matter. It does not cover all of the angles, issues or topics.

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 Business disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT.  Our Business 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 Business 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 Business may make changes or improvements at any time.  You, and not our Business, 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 BUSINESS 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 Business 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

BUSINESS, 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 BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BUSINESS 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 BUSINESS FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold our Business, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors and contractors (hereinafter known as “Indemnified Parties”) completely harmless from any breach of this TOS by an individual, including the use of Content in ways that are different from the ways set out in this TOS.

When you participate in the site either as a viewer or submitter, 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 that are a result of using the data obtained at this site.

Trademarks

Trademarks, service marks and logos that are displayed on this site are the sole property of this Company, or the service that provided the graphics to use on our Company’s site. Our business and any service that delivered trademarks, service marks and logos to the Company retain all rights with respect to any of the trademarks, service marks and logos that are displayed on this site.

Information You Provide

You do not have permission to post, send, submit, publish or transmit in connection with this Web site any material that:

• You do not have express legal consent to post, including proprietary material that is produced by a third party and displayed by our site;
• Advises illegal activity or includes references to an intent to commit illegal activity;
• Is vulgar, obscene, pornographic or indecent;
• Is not directly related to this site;
• Makes threatening or abusing statements, statements that libel others, statements that defame others, statements that invade privacy, items that imply stalking, obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• Seeks to exploit or harm children by exposing them to inappropriate content, including but not limited to asking children for personal data, details about their parental financial information and pictures;
• Infringes any intellectual property or other right of any entity or person, including stealing content in the form of copyrights or trademarks, or infringing upon the rights of publicity;
• Violates any law or may be interpreted to be violating any law;
• Impersonates or otherwise misrepresents an individual’s connection to another person or entity, or otherwise manipulates headers or identifies to disguise the origin of the content.
• Advertises any commercial process or otherwise involves in commercial activity, expect if specifically allowed by our Company with written consent. This includes offering raffles, contests, displaying banners for sponsors or otherwise asking for goods and services;
• Solicits funds, advertisers or sponsors;
• Includes virus programs, worms and/or Trojan horses or any other malicious code which is designed to impair, limit or destroy a person’s ability to use their computer hardware, software or other telecommunications.
• Interrupts the normal exchange of communication, causes a web  page screen to scroll faster than users are able to type, or otherwise causes the  page to act in such a way that will impair their ability to use a Web site in the way that it is intended to be used;
• Includes MP3 format files;
• Encourages people to join or otherwise involve themselves in a pyramid or other similar scheme;
• Breaks any policy that is stated in this TOS or other official documents displayed on this site, which may be updated from time to time;
• Contains hyper-links to sites that is displaying content that is outside of the guidelines that are set forth in this TOS or other official documents displayed on this site.

Our Company reserves the right to observe the use of this site to make sure that users are complying with this TOS. We also hold the right to remove content that violates any portion of the Terms of Use. We may also refuse information for any reason we see fit. You remain responsible for the content of your submission, and we have the right to refuse or remove content that you have placed on the site. By using this site, you acknowledge that you understand these terms of service and that your content is subject to our authority. You also recognize that our Business and any third party involved in our business has no liability for the actions that you choose to involve yourself in while a user of this site.

Security

The passwords that are used on this site are your sole responsibility. They are for individual use only. You retain responsibility for the password and user name that you choose. Our company will only require the password when you access membership sections of our site, and if you want to change information on your account or terminate your account with our Web site.

You are not allowed to use any services of facilities that are offered in accordance with this Web site to inhibit the security or disrupt system resources and/or accounts. Using or distributing the tools that are designed to inhibit security (like password guessing programs, cracking tools or network probing tools) is strictly forbidden.

If you are caught using any of these tools or trying to access the private information of other members through malicious means, our Company reserves the right to forward your details to the authorities of system administrators at other sites so that they can resolve their own security incidents. Our Company reserves the right to investigate any violation of the Terms of Use that we discover.

Our Business will fully cooperate with law enforcement authorities and court orders if one of our users is found to be using our Web site for malicious purposes. We will disclose personal indentifying information to law enforcement personnel of any participant in our site who is posting e-mail messages, publishing or making any private data available to the general public, or any other details that violate this TOS.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BUSINESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BUSINESS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [BUSINESS] OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of STATE, United States of America, notwithstanding any principles of conflicts of law.  You specifically consent to personal jurisdiction in STATE in connection with any dispute between you and Business 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 CITY, STATE.  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.  Business may revise these Terms of Use at any time by updating this posting.

Page last edited on: Feb 13, 2009