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 Web 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 and without notice.
Restrictions On Use:
You may use this web site for purposes expressly permitted
by this site. You may not use this web 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 as well as 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 the
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 web 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 web site will be uninterrupted or error-free,
that defects will be corrected or that this web 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 the 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 web site, whether historical
in nature or forward-looking, speaks only as of the date
the information is posted on this site and the Company does
not undertake any obligation to update such information
after it is posted or to remove such information from this
web 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 web 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 web 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, 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 web 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 the United Kingdom, notwithstanding any principles
of conflicts of law. You specifically consent to personal
jurisdiction in the United Kingdom 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 England, United Kingdom.
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: February 1, 2005. |
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