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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 South Australia, Australia, notwithstanding
any principles of conflicts of law. You specifically
consent to personal jurisdiction in South Australia 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 South Australia, Australia. 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.
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