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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
CONSTITUES 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 provided 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 material 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 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 “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 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 TEHCNICAL 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 MAKE NO WARRANTIES
THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE
THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS 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 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 $100.00 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 on 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 email 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 Colorado, United States
of America, notwithstanding any principles of
conflicts of law. You specifically, consent to
personal jurisdiction in Colorado 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 the 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 Westminster, Colorado.
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: August 16, 2005
©2005 Matthew Woodbury
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