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 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 Massachusetts, United States
of America, notwithstanding any principles of conflicts of law. You
specifically consent to personal jurisdiction in Massachusetts 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
Attleboro, Massachusetts. 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, 2007
© 2007 by
jtmpublishing.com for Jeff
Meyer
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