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 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 Clearwater, 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: February 16, 2006