Terms of Service
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 ìas isî
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:
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
NC , United States of America, notwithstanding any principles of conflicts of
law. You specifically consent to personal jurisdiction in NC 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 NC. 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.
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 ìas isî
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 anyoneís 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
NC , United States of America, notwithstanding any principles of conflicts of
law. You specifically consent to personal jurisdiction in NC 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 NC. 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.
