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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, 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 Last updated: February, 2008 © 2007-2008 by Date-A-Nomics
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