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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 PRIOR TO
EVERY USE FOR ANY CHANGES.
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, and 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 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 Consent solely for your personal use. In
doing so, you may not remove or alter, or cause the 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” AMD 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 on 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 ROSE.
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 the 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 or 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 content;
▪ advertises any commercial endeavor (e.g., offering for
sale products or service) 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 ENFORCMENT 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 Palm Beach Gardens, Florida. 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: April 10, 2009
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