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 New Jersey, United States
of America, notwithstanding any principles of conflicts
of law. You specifically consent to personal jurisdiction
in New Jersey 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 Hamilton, New Jersey. 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.
Copyright © 2007 by A.Thomas Perhacs & Velocity
Group Publishing. All rights reserved.